[F189JPower to call for information: supplementary provisionsU.K.
(1)The [F2FCA] may require an issuer to make public any information provided to [F2the FCA] under section 89H.
(2)If the issuer fails to comply with a requirement under subsection (1), the [F2FCA] may, after seeking representations from the issuer, make the information public.
(3)In sections 89H and 89I (power of [F2FCA] 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—
(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.]
Textual Amendments
F1Ss. 89H-89J and cross-heading inserted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1267, 1300(1)(a)
F2Words in ss. 89A-97 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)(g), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F3Words in s. 89J(3) omitted (1.11.2015 for specified purposes, 26.11.2015 in so far as not already in force) by virtue of The Transparency Regulations 2015 (S.I. 2015/1755), regs. 1(2)(3), 2(5)