PART 2 Amendments of primary legislation

CHAPTER 1 The Financial Services and Markets Act 2000

37 Liability of issuers in connection with published information
1 Schedule 10A (liability of issuers in connection with published information) is amended as follows.
Inserted by S.I. 2010/1192.
2 In paragraph 1, for sub-paragraph (3) substitute—

“3 For the purposes of this Schedule the United Kingdom is the home State of an issuer if—
(a) the transparency rules impose requirements on the issuer in relation to the securities, or
(b) the issuer has its registered office (or, if it does not have a registered office, its head office) in the United Kingdom.”

.
3 In paragraph 2(4)—
(a) in paragraph (a)—
(i) for “EEA” substitute “ United Kingdom ”;
(ii) for “Article 21 of the transparency obligations directive” substitute “ transparency rules ”;
(b) in paragraph (b)—
(i) for “EEA” substitute “ United Kingdom ”;
(ii) for “that directive” substitute “ transparency rules ”.
4 In paragraph 8—
(a) in sub-paragraph (1)—
(i) for paragraph (a) substitute—

“(a) “securities” means transferable securities as defined in Article 2(1)(24) of the markets in financial instruments regulation, other than money market instruments as defined in Article 2(1)(25A) of that regulation that have a maturity of less than 12 months (and includes instruments outside the United Kingdom);”

;
Articles 1(1)(24) and (25A) are substituted by S.I. 2018/1403.
(ii) in paragraph (b), for sub-paragraphs (i) to (iii) substitute—

“(i) a regulated market as defined in Article 2(1)(13) of the markets in financial instruments regulation, or
(ii) a multilateral trading facility as defined in Article 2(1)(14) of that regulation.”

(b) omit sub-paragraph (6)(b).
Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)