C4Part VI Official Listing
Listing
I175 Applications for listing.
C11
Admission to the official list may be granted only on an application made to the F10FCA in such manner as may be required by listing rules.
2
No application for listing may be entertained by the F10FCA unless it is made by, or with the consent of, the issuer of the securities concerned.
3
No application for listing may be entertained by the F10FCA in respect of securities which are to be issued by a body of a prescribed kind.
4
The F10FCA may not grant an application for listing unless it is satisfied that—
a
the requirements of listing rules (so far as they apply to the application), and
b
any other requirements imposed by F10the FCA in relation to the application,
are complied with.
5
An application for listing may be refused if, for a reason relating to the issuer, the F10FCA considers that granting it would be detrimental to the interests of investors.
6
An application for listing securities which are already officially listed in another EEA State may be refused if the issuer has failed to comply with any obligations to which he is subject as a result of that listing.
76 Decision on application.
C21
The F10FCA must notify the applicant of its decision on an application for listing—
a
before the end of the period of six months beginning with the date on which the application is received; or
b
if within that period F10the FCA has required the applicant to provide further information in connection with the application, before the end of the period of six months beginning with the date on which that information is provided.
2
If the F10FCA fails to comply with subsection (1), it is to be taken to have decided to refuse the application.
3
If the F10FCA decides to grant an application for listing, it must give the applicant written notice.
4
If the F10FCA proposes to refuse an application for listing, it must give the applicant a warning notice.
5
If the F10FCA decides to refuse an application for listing, it must give the applicant a decision notice.
6
If the F10FCA decides to refuse an application for listing, the applicant may refer the matter to the Tribunal.
7
If securities are admitted to the official list, their admission may not be called in question on the ground that any requirement or condition for their admission has not been complied with.
I277 Discontinuance and suspension of listing.
1
The F10FCA may, in accordance with listing rules, discontinue the listing of any securities if satisfied that there are special circumstances which preclude normal regular dealings in them.
C32
The F10FCA may, in accordance with listing rules, suspend the listing of any securities.
F12A
The F10FCA may discontinue under subsection (1) or suspend under subsection (2) the listing of any securities on its own initiative or on the application of the issuer of those securities.
3
If securities are suspended under subsection (2) they are to be treated, for the purposes of F6section 96 and paragraph 23(6) of Schedule 1ZA, as still being listed.
F113A
If securities have been suspended by the Bank of England under section 19, 39B or 48L of the Banking Act 2009, the FCA may, following consultation with the Bank of England, cancel the suspension.
4
This section applies to securities whenever they were admitted to the official list.
5
78 Discontinuance or suspension: procedure.
1
a
immediately, if the notice under subsection (2) states that that is the case;
b
in any other case, on such date as may be specified in that notice.
2
a
proposes to discontinue or suspend the listing of securities, or
b
discontinues or suspends the listing of securities with immediate effect,
it must give the issuer of the securities written notice.
3
The notice must—
a
give details of the discontinuance or suspension;
b
state the F10FCA's reasons for the discontinuance or suspension and for choosing the date on which it took effect or takes effect;
c
inform the issuer of the securities that he may make representations to the F10FCA within such period as may be specified in the notice (whether or not he has referred the matter to the Tribunal);
d
inform him of the date on which the discontinuance or suspension took effect or will take effect; and
e
inform him of his right to refer the matter to the Tribunal.
4
The F10FCA may extend the period within which representations may be made to it.
5
If, having considered any representations made by the issuer of the securities, the F10FCA decides—
a
to discontinue or suspend the listing of the securities, or
b
if the discontinuance or suspension has taken effect, not to cancel it,
the F10FCA must give the issuer of the securities written notice.
6
A notice given under subsection (5) must inform the issuer of the securities of his right to refer the matter to the Tribunal.
7
If a notice informs a person of his right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.
8
If the F10FCA decides—
a
not to discontinue or suspend the listing of the securities, or
b
if the discontinuance or suspension has taken effect, to cancel it,
the F10FCA must give the issuer of the securities written notice.
9
The effect of cancelling a discontinuance is that the securities concerned are to be readmitted, without more, to the official list.
F1210
If—
a
the FCA has suspended the listing of securities on its own initiative, or securities have been suspended by the Bank of England under section 19, 39B or 48L of the Banking Act 2009, and
b
the FCA proposes to refuse an application by the issuer of the securities for the cancellation of the suspension,
the FCA must give the issuer a warning notice.
11
The F10FCA must, having considered any representations made in response to the warning notice—
a
if it decides to refuse the application, give the issuer of the securities a decision notice;
b
if it grants the application, give him written notice of its decision.
12
If the F10FCA decides to refuse an application for the cancellation of the suspension of listed securities, the applicant may refer the matter to the Tribunal.
13
“Discontinuance” means a discontinuance of listing under section 77(1).
14
“Suspension” means a suspension of listing under section 77(2) F13and in subsections (10) and (12), includes a suspension of listing under section 19, 39B or 48L of the Banking Act 2009.
78AF5Discontinuance or suspension at the request of the issuer: procedure
1
A discontinuance or suspension by the F10FCA on the application of the issuer of the securities takes effect—
F7a
immediately, if the notification under subsection (2) so provides;
b
in any other case, on such date as may be provided for in that notification.
2
F93
The notification must—
a
notify the issuer of the date on which the discontinuance or suspension took effect or will take effect, and
b
notify the issuer of such other matters (if any) as are specified in listing rules.
4
If the F10FCA proposes to refuse an application by the issuer of the securities for the discontinuance or suspension of the listing of the securities, it must give him a warning notice.
5
The F10FCA must, having considered any representations made in response to the warning notice, if it decides to refuse the application, give the issuer of the securities a decision notice.
6
If the F10FCA decides to refuse an application by the issuer of the securities for the discontinuance or suspension of the listing of the securities, the issuer may refer the matter to the Tribunal.
7
If the F10FCA has suspended the listing of securities on the application of the issuer of the securities and proposes to refuse an application by the issuer for the cancellation of the suspension, it must give him a warning notice.
8
The F10FCA must, having considered any representations made in response to the warning notice—
a
if it decides to refuse the application for the cancellation of the suspension, give the issuer of the securities a decision notice;
b
if it grants the application, give him written notice of its decision.
9
If the F10FCA decides to refuse an application for the cancellation of the suspension of listed securities, the applicant may refer the matter to the Tribunal.
10
“Discontinuance” means a discontinuance of listing under section 77(1).
11
“Suspension” means a suspension of listing under section 77(2).
Pt. 6 (ss. 72-103) applied (with modifications) (1.12.2001) by S.I. 1995/1537, Sch. 4 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 511)