C1C2Part VI Official Listing

Annotations:
Modifications etc. (not altering text)
C1

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)

F1Powers exercisable in case of infringement of transparency obligation

Annotations:
Amendments (Textual)
F1

Ss. 89K-89N and cross-heading inserted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1268, 1300(1)(a)

89KPublic censure of issuer

1

If the F5FCA finds that an issuer of securities admitted to trading on a regulated market is failing or has failed to comply with an applicable transparency obligation, it may publish a statement to that effect.

2

If the F5FCA proposes to publish a statement, it must give the issuer a warning notice setting out the terms of the proposed statement.

3

If, after considering any representations made in response to the warning notice, the F5FCA decides to make the proposed statement, it must give the issuer a decision notice setting out the terms of the statement.

4

A notice under this section must inform the issuer of his right to refer the matter to the Tribunal (see section 89N) and give an indication of the procedure on such a reference.

5

In this section “transparency obligation” means an obligation F3under qualifying transparency legislation.

F25A

In this Part “qualifying transparency legislation” means—

a

transparency rules,

b

any EU regulation, originally made under the transparency obligations directive, that is retained direct EU legislation,

c

regulations made by the Treasury under regulation 71 of the Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 for a purpose specified in paragraphs 10 to 20 of Schedule 2 to those Regulations, or

d

technical standards made by the FCA under regulation 72 of those Regulations for a purpose specified in paragraphs 31 to 35 of that Schedule.

F46

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