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The Companies Act 2006 (Extension of Takeover Panel Provisions) (Isle of Man) Order 2008

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends the provisions of Chapter 1 of Part 28 of the Companies Act 2006 (c 46) to the Isle of Man with the modifications set out in the Schedule. Its purpose is to place on a statutory footing the role of the Panel on Takeovers and Mergers (“the Takeovers Panel”) in supervising relevant takeovers involving Isle of Man companies.

The modifications in the Schedule reflect differences in the legal system and governmental and regulatory structures of the Isle of Man, and make necessary consequential amendments to the Financial Services Act 2008 (an Act of Tynwald: c 8). Among other things, the modifications impose a duty on the Island’s Financial Supervision Commission to co-operate with the Takeover Panel.

The modifications also provide for the exchange of information about takeovers (subject to appropriate safeguards) between:

(i)the Takeover Panel and those with regulatory, registry, prosecution and disciplinary functions on the Isle of Man in relation to companies and their officers; and

(ii)those Manx authorities and corresponding bodies elsewhere.

The City Code on Takeovers and Mergers, which is referred to in the Order, can be found at http://www.thetakeoverpanel.org.uk/new/codesars/DATA/code.pdf.

The Order does not impose new costs on business, government or the voluntary sector.

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