C1Part VI Official Listing
F1Power of F2FCA to call for information
Ss. 89H-89J and cross-heading inserted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1267, 1300(1)(a)
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
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)—
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.
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)