Part VI Official Listing

F1Power of F2FCA to call for information

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.