C1Part VI Official ListingF1F3

Annotations:
Amendments (Textual)
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

F3

Ss. 102A-103 substituted for s. 103 (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 11

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)

F2Power of competent authority to call for information

Annotations:
Amendments (Textual)
F2

Ss. 89H-89J and cross-heading inserted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1267, 1300(1)(a)

89JPower to call for information: supplementary provisions

1

The competent authority may require an issuer to make public any information provided to the authority under section 89H.

2

If the issuer fails to comply with a requirement under subsection (1), the competent authority may, after seeking representations from the issuer, make the information public.

3

In sections 89H and 89I (power of competent authority to call for information)—

  • “control” and “controlled” have the meaning given by subsection (4) below;

  • specified” means specified in the notice;

  • voteholder” means a person who—

    1. a

      holds voting rights in respect of any voting shares for the purposes of sections 89A to 89G (transparency rules), or

    2. b

      is treated as holding such rights by virtue of rules under section 89A(3)(b).

4

For the purposes of those sections a person (“A”) controls another person (“B”) if—

a

A holds a majority of the voting rights in B,

b

A is a member of B and has the right to appoint or remove a majority of the members of the board of directors (or, if there is no such board, the equivalent management body) of B,

c

A is a member of B and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in B, or

d

A has the right to exercise, or actually exercises, dominant influence or control over B.

5

For the purposes of subsection (4)(b)—

a

any rights of a person controlled by A, and

b

any rights of a person acting on behalf of A or a person controlled by A,

are treated as held by A.