F1Part 18ASUSPENSION AND REMOVAL OF FINANCIAL INSTRUMENTS FROM TRADING

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Amendments (Textual)

313CBF2Suspension or removal of a financial instrument from a trading by a trading venue: FCA duties

1

The FCA must take the steps in subsections (2), (4), and (5) if a person specified in subsection (6) operating a trading venue in the United Kingdom informs the FCA it has made a decision—

a

to suspend or remove a financial instrument from trading on the trading venue because the instrument no longer complies with the venue’s rules, or

b

to suspend or remove a derivative which relates, or is referenced, to the financial instrument from trading on the trading venue to support the objectives of a suspension or removal mentioned in paragraph (a).

2

The FCA must require any other trading venue or any systematic internaliser which falls under its jurisdiction and trades the same instrument or derivative to suspend or remove the instrument or derivative from trading if a suspension or removal mentioned in subsection (1) was due to—

a

suspected market abuse;

b

a take-over bid; or

c

the non-disclosure of inside information about the issuer or the instrument.

3

But the FCA is not obliged to impose a requirement under subsection (2) if it could cause significant damage to the interests of investors or the orderly functioning of the market.

4

The FCA must revoke a requirement imposed under subsection (2) if the person mentioned in subsection (1) informs the FCA it has lifted the suspension mentioned in that subsection.

5

The FCA must—

a

inform ESMA and the competent authorities of every other EEA State of any decision to impose, not to impose, or to revoke a requirement under subsection (2),

b

provide ESMA and those competent authorities with an explanation if the decision is not to impose a requirement under subsection (2) because subsection (3) applies, and

c

publish any decision mentioned in paragraph (a) in such a manner as it considers appropriate.

6

The specified persons for the purposes of subsection (6) are—

a

a recognised investment exchange,

b

an investment firm with a Part 4A permission to carry on a regulated activity which is any of the investment services and activities,

c

a credit institution authorised under the capital requirements directive.