Part 44Miscellaneous provisions

Information as to exercise of voting rights by institutional investors

1280Obligations with respect to provision of information

(1)

Regulations under section 1277 may require the provision of specified information about—

(a)

the exercise or non-exercise of voting rights by the institution or any person acting on its behalf,

(b)

any instructions given by the institution or any person acting on its behalf as to the exercise or non-exercise of voting rights, and

(c)

any delegation by the institution or any person acting on its behalf of any functions in relation to the exercise or non-exercise of voting rights or the giving of such instructions.

(2)

The regulations may require information to be provided in respect of specified occasions or specified periods.

(3)

Where instructions are given to act on the recommendations or advice of another person, the regulations may require the provision of information about what recommendations or advice were given.

(4)

The regulations may require information to be provided—

(a)

in such manner as may be specified, and

(b)

to such persons as may be specified, or to the public, or both.

(5)

The regulations may provide—

(a)

that an institution may discharge its obligations under the regulations by referring to information disclosed by a person acting on its behalf, and

(b)

that in such a case it is sufficient, where that other person acts on behalf of more than one institution, that the reference is to information given in aggregated form, that is—

(i)

relating to the exercise or non-exercise by that person of voting rights on behalf of more than one institution, or

(ii)

relating to the instructions given by that person in respect of the exercise or non-exercise of voting rights on behalf of more than one institution, or

(iii)

relating to the delegation by that person of functions in relation to the exercise or non-exercise of voting rights, or the giving of instructions in respect of the exercise or non-exercise of voting rights, on behalf of more than one institution.

(6)

References in this section to instructions are to instructions of any description, whether general or specific, whether binding or not and whether or not acted upon.