Related provisions for FINMAR 2.1.1A

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The purpose of this chapter is to provide guidance in relation to the FSA'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 FSA 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 FSA will assess:(1) whether the
Where the FSA 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.
SUP 2.3.5RRP
(1) A firm must permit representatives of the FSA, or persons appointed for the purpose by the FSA, to have access, with or without notice, during reasonable business hours to any of its business premises in relation to the discharge of the FSA's 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 FSA'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 FSA 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