68.—(1) The financial promotion restriction does not apply to any communication—
(a)which is a non-real time communication or a solicited real time communication;
(b)which a relevant [F2UK market or relevant] EEA market requires to be communicated before an investment can be admitted to trading on that market;
(c)which, if it were included in a prospectus issued in accordance with [F3prospectus rules made under Part VI of the Act,] [F3regulated market admission rules,] would be required to be communicated by those rules; and
(d)which is not accompanied by any information other than information which is required or permitted to be published by the rules of that market.
(2) In this article “relevant EEA market” means any market on which investments can be traded or dealt in and which—
(a)meets the criteria specified in Part I of Schedule 3; F4...
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in art. 68 heading inserted (18.10.2021) by The Markets in Financial Instruments, Benchmarks and Financial Promotions (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1074), regs. 1(2), 2(6)(a)
F2Words in art. 68(1)(b) inserted (18.10.2021) by The Markets in Financial Instruments, Benchmarks and Financial Promotions (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1074), regs. 1(2), 2(6)(b)
F3Words in art. 68(1)(c) substituted (30.1.2024 for specified purposes) by The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 29 (with regs. 48-50)
F4Art. 68(2)(b) and preceding word omitted (1.4.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 (S.I. 2017/488), art. 1(2), Sch. para. 9(8)