C1Part VI Official Listing

Annotations:
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)

F1Power of F2FCA to call for information

Annotations:
Amendments (Textual)
F1

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

F2

Words 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.

89JPower to call for information: supplementary provisions

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—

    1. a

      holds voting rights in respect of any voting shares for the purposes of sections 89A to 89G (transparency rules), F3...

    2. b

      F3...

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.