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Financial Services and Markets Act 2000, Section 87M is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If the [F2FCA] finds that—
(a)an issuer of transferable securities,
(b)a person offering transferable securities to the public, or
(c)a person requesting the admission of transferable securities to trading on a regulated market,
is failing or has failed to comply with his obligations under an applicable provision, it may publish a statement to that effect.
(2)If the [F2FCA] proposes to publish a statement, it must give the person 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 person a decision notice setting out the terms of the statement.
(4)“An applicable provision” means—
(a)a provision of this Part,
(b)a provision contained in prospectus rules,
[F4(c)any provision of, or made in accordance with, the prospectus regulation,]
applicable to a prospectus in relation to the transferable securities in question.
(5)“Prospectus” includes a supplementary prospectus [F5and also includes, where final terms (see Article 8 of the prospectus regulation) are contained in a separate document that is neither a prospectus nor a supplementary prospectus, that separate document].]]]
Textual Amendments
F1 Ss. 84-87R and cross-headings substituted for ss. 84-87 (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 5
F2Words in ss. 87J-87O and cross-heading substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 16(2)(3)(e), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F3Ss. 86-87O omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 7 (with regs. 48-50)
F4S. 87M(4)(c) substituted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 21(2) (with reg. 40)
F5Words in s. 87M(5) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 21(3) (with reg. 40)
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