Related provisions for FINMAR 2.1.1A
1 - 6 of 6 items.
1The FCA's power to conduct investigations to assist EEA regulators in respect of the short selling regulation is contained in section 131FA of the Act. The section provides that at the request of an EEA regulator or ESMA, the FCA may either use its power under section 131E to require the production of information, or appoint a person to investigate any matter.
The purpose of this chapter is
to provide guidance in
relation to the FCA's functions under the short selling regulation.2222Note: Other
parts of the Handbook that may
also be relevant to natural and legal persons to whom the short
selling regulation applies include:Chapter 2 of SUP (the Supervision
manual) and DEPP (the Decision Procedure and Penalties manual).The following
Regulatory Guides are also relevant:1. the Enforcement
Guide (EG)
1The FCA is required by article 23 of the short selling regulation to consider whether
to impose measures to prohibit or restrict short selling or otherwise limit
transactions in a financial instrument on
a trading venue where the price
of that financial instrument on
that trading venue has fallen
significantly during a single trading day in
relation to the closing price on that venue on the previous trading
day. In fulfilling this obligation, the FCA will assess:(1) whether the
Where the FCA imposes measures under article
23 of the short selling regulation it
will normally specify that the measures will not apply to natural or legal
persons who have satisfied the criteria to use the market
maker exemption or the authorised
primary dealer exemption and who are included on the list maintained
and published by ESMA pursuant
to article 17(13) of the short selling regulation.
(1) A firm must permit representatives of the FCA4 or persons appointed for the purpose by the FCA4 to have access, with or without notice, during reasonable business hours to any of its business premises in relation to the discharge of the FCA's4 functions under the Act or its obligations under the short selling regulation3.(2) A firm must take reasonable steps to ensure that its agents, suppliers under material outsourcing arrangements and appointed representatives permit
If P is not satisfied with the FCA's decision to prohibit P's use of
the market maker exemption or
the authorised primary dealer exemption,
P may seek a review of the decision. This will be conducted by a group of
at least three senior FCA staff. None of the group conducting
the review will have been connected with the earlier decision taken in respect
of P's use of the market maker exemption or
the authorised primary dealer exemption.
The review may take place after the expiry
3The FCA has the following powers to impose a financial penalty and to publish a public censure. (1) It may publish a statement: (a) against an approved person or conduct rules staff1 under section 66 of the Act;
(b) against an issuer under section 87M of the Act;
(c) against a sponsor under section 88A of the Act;
(ca) against a primary information provider under section 89Q of the Act;