C1C2Part VI Official Listing
Pt. 6 modified (31.12.2020) by The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/707), regs. 1(2), 73 (as amended by S.I. 2019/1234, regs. 1(2), 23 and with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1234, regs. 1(3), 29(2)))); 2020 c. 1, Sch. 5 para. 1(1)
F1Powers exercisable in case of infringement of transparency obligation
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any EU regulation, originally made under the transparency obligations directive, that is retained direct EU legislation,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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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)