The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004

The Public Offers of Securities Regulations 1995 (S.I. 1995/1537)

Exemption for offers to qualifying persons

6.—(1) In sub-paragraph (o)(i) of regulation 7(2) of the Public Offers of Securities Regulations 1995 (exemptions) for “a member of the same group as the issuer” substitute “a body corporate connected with the issuer”.

(2) In paragraph (13) of that regulation(1)—

(a) the definition of “group” is revoked, and

(b) before the definition of “a relevant trustee” insert—

“a body corporate is “connected with” another body corporate if—

(a)

they are in the same group, within the meaning of section 421 of the Act, or

(b)

one is entitled, either alone or with any other body corporate in the same group, to exercise or control the exercise of a majority of the voting rights attributable to the share capital which are exercisable in all circumstances at any general meeting of the other body corporate or its holding company; and”.

Meaning of “the UK authority”

7.  In paragraph 1(b) of Schedule 4 to the Public Offers of Securities Regulations 1995 (mutual recognition of prospectuses and listing particulars), for “Part IV” substitute “Part 6”.

(1)

Paragraph (13) of regulation 7 was substituted by S.I. 2001/3649, article 504(11).