Part VI Official Listing

F1Powers exercisable in case of infringement of transparency obligation

89KPublic censure of issuer

(1)

If the F2FCA 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 F2FCA 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 F2FCA 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.

F4(5A)

In this Part “qualifying transparency legislation” means—

(a)

transparency rules,

(b)

any EU regulation, originally made under the transparency obligations directive, that is F5assimilated direct legislation,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.

F6(6)

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