Part VI Official Listing
Miscellaneous
96 Obligations of issuers of listed securities.
(1)
Listing rules may—
(a)
specify requirements to be complied with by issuers of listed securities; and
(b)
make provision with respect to the action that may be taken by the F1FCA in the event of non-compliance.
(2)
If the rules require an issuer to publish information, they may include provision authorising the F1FCA to publish it in the event of his failure to do so.
(3)
This section applies whenever the listed securities were admitted to the official list.
F2 96A Disclosure of information requirements
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F296BF3Disclosure rules: persons responsible for compliance
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F296CSuspension of trading
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97 Appointment by F1FCA of persons to carry out investigations.
(1)
Subsection (2) applies if it appears to the F1FCA that there are circumstances suggesting that—
F4(a)
there may have been a contravention of—
(i)
a provision of this Part or of Part 6 rules, F5...
F6(ii)
any other provision of qualifying transparency legislation, or
F7(iii)
any provision of, or made in accordance with, the prospectus regulation;
(b)
a person who was at the material time a director of a person mentioned in section 91(1), F8... F9or (1A), or section 91(1B) (ignoring paragraph (a)(i) of that provision), has been knowingly concerned in a contravention by that person of—
(i)
a provision of this Part or of Part 6 rules, F10...
F11(ii)
any other provision of qualifying transparency legislation, or
F12(iii)
any provision of, or made in accordance with, the prospectus regulation;
F13(ba)
a person who was at the material time a relevant officer of a person mentioned in section 91(1B) (ignoring paragraphs (a)(ii) and (b) of that provision) has been knowingly concerned in a contravention F14by that person of qualifying transparency legislation;
F15(c)
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F16(d)
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(2)
The F1FCA may appoint one or more competent persons to conduct an investigation on its behalf.
(3)
Part XI applies to an investigation under subsection (2) as if—
(a)
the investigator were appointed under section 167(1);
(b)
references to the investigating authority in relation to him were to the F1FCA;
(c)
references to the offences mentioned in section 168 were to F17the offences under section 85;
(d)
references to an authorised person were references to the person under investigation.
F18(4)
In this section “relevant officer” has the meaning given by section 91(2B).
F1997A.Reporting of infringements
(1)
This section applies to a person—
(a)
who is the employer of any employees, and
(b)
who—
(i)
provides regulated financial services,
(ii)
carries on regulated activities in reliance on the exemption in section 327, or
(iii)
is a recognised investment exchange, a recognised clearing house, a recognised CSD F20... or a third country central counterparty.
(2)
The person must have in place appropriate internal procedures for the person’s employees to report, through an independent channel, contraventions and potential contraventions of—
(a)
the prospectus regulation, F21...
F22(b)
any EU regulation, originally made under the prospectus regulation, which is retained EU law, or
(c)
any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the prospectus regulation on or after IP completion day.
(3)
In this section—
“employer” and “employee” have the same meaning given in section 230(1) to (5) of the Employment Rights Act 1996;
“regulated financial services” has the meaning given by section 1H.
F2398 Advertisements etc. in connection with listing applications.
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F2499 Fees.
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F25100 Penalties.
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F26100AExercise of powers where UK is host member state
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101 Listing rules: general provisions.
F27(1)
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(2)
F30(3)
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F30(4)
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F30(5)
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F30(6)
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F30(7)
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F30(8)
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F31102 Exemption from liability in damages.
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