Related provisions for LR 5.6.24

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DTR 8.4.1RRP
A primary information provider must establish and maintain adequate arrangements with media operators in the United Kingdom and other EEA States for the dissemination of regulated information.
DTR 8.4.2GRP
The purpose of DTR 8.4.1 R is to ensure that a primary information provider can disseminate regulated information to as wide a public as possible, as close to simultaneously as possible, in the United Kingdom and other EEA States. In considering whether a primary information provider has satisfied the requirements in DTR 8.4.1 R, the FCA will consider the number and nature of arrangements that the primary information provider has with media operators.
DTR 8.4.3RRP
Unless the regulated information is embargoed by the person who submitted it or by the FCA, a primary information provider must disseminate all regulated information that it receives as soon as possible.
DTR 8.4.4GRP
In assessing compliance with DTR 8.4.3 R, the FCA will have regard to whether the primary information provider has disseminated at least 95% of all regulated information which did not require reformatting within 5 minutes of receipt.
DTR 8.4.5RRP
A primary information provider must prioritise the order of dissemination of pending regulated information according to the headline information, except that a primary information provider must prioritise the dissemination of regulated information that is submitted by the FCA if the FCA requests it.
DTR 8.4.6RRP
A primary information provider must set out clearly:(1) the services it provides in relation to the dissemination of regulated information; and(2) the fees it charges for the provision of those services.
DTR 8.4.7RRP
A primary information provider must not charge a regulatory body listed in DTR 8 Annex 1 for the dissemination of regulated information.
DTR 8.4.8RRP
A primary information provider must:(1) disseminate regulated information at least between the hours of 7:00 am and 6:30 pm on any business day;(2) be able to receive regulated information at all times; (3) provide service support at least between the hours of 7.00 am and 6.30 pm on any business day to:(a) any person who has requested the dissemination of regulated information; and(b) any media operator with whom the primary information provider has an arrangement for the dissemination
DTR 8.4.9RRP
A primary information provider must ensure that if circumstances arise which prevent it from disseminating and continuously receiving regulated information, it has adequate arrangements in place to ensure that it can continue to satisfy its obligations as a primary information provider with minimal disruption.
DTR 8.4.10GRP
In considering whether a primary information provider satisfies the requirements of DTR 8.4.9 R, the FCA will consider, among other things, whether the primary information provider has arrangements in place for an alternative primary information provider to receive and disseminate regulated information on its behalf.
DTR 8.4.11RRP
A primary information provider must:(1) ensure that regulated information is handled securely; and(2) provide persons wishing to disseminate regulated information with a secure means of communicating regulated information to the primary information provider.
DTR 8.4.13RRP
A primary information provider must not make substantive changes to the regulated information it receives, unless requested by the issuer or other organisation who submitted the regulated information for dissemination.
DTR 8.4.14GRP
In determining whether a primary information provider has satisfied the requirement in DTR 8.4.13 R, the FCA will consider whether the changes made by the primary information provider would be likely to affect the import of the regulated information.
DTR 8.4.15RRP
A primary information provider must record the following information for each announcement of regulated information it disseminates: (1) the name of any person who communicates regulated information on behalf of an issuer or other organisation to the primary information provider;(2) the name of the issuer or organisation on whose behalf the regulated information is communicated;(3) the security validation details of the issuer or organisation;(4) the date and time the regulated
DTR 8.4.20RRP
A primary information provider must ensure that there is no significant risk of corruption of regulated information during its submission, handling and dissemination.
DTR 8.4.21RRP
A primary information provider must disseminate regulated information that has been submitted by:(1) an issuer; or(2) any person acting as agent for an issuer; or(3) any regulatory body listed in DTR 8 Annex 1; or(4) any other person required to submit regulated information.
DTR 8.4.22RRP
A primary information provider must disseminate regulated information to any media operator with whom it has an arrangement in place for the dissemination of regulated information in:(1) unedited full text as submitted to the primary information provider; and(2) an industry standard format.
DTR 8.4.23RRP
Regulated information disseminated to a media operator by a primary information provider must contain the following: (1) identification of the information as regulated information which has been disseminated by a primary information provider;(2) the unique identification number for the item of regulated information;(3) the sequence number of the regulated information;(4) a clear indication of the start of the regulated information;(5) the name of the issuer or organisation concerned;(6)
DTR 8.4.24RRP
A primary information provider must add the appropriate headline information to regulated information it disseminates.
DTR 8.4.25RRP
DTR 8.4.24 R does not apply when a primary information provider disseminates information it has received from a recognised investment exchange.
DTR 8.4.26RRP
A primary information provider must ensure that all regulated information it receives is disseminated successfully to all media operators with whom it has arrangements for the dissemination of regulated information.
DTR 8.4.27RRP
If a primary information provider becomes aware that the dissemination of regulated information has failed, it must remedy the failure as soon as possible.
DTR 8.4.28RRP
If requested by the person who has submitted the regulated information for dissemination, a primary information provider must place an embargo on the regulated information for release at the date and time specified by the person who submitted the regulated information.
DTR 8.4.29RRP
If requested by the FCA, a primary information provider must:(1) place an embargo on regulated information; or(2) cancel any embargo placed on regulated information by the person that has submitted the regulated information and disseminate the regulated information; or(3) cancel any embargo placed on regulated information by the FCA and disseminate the regulated information.
DTR 8.4.30RRP
A primary information provider must supply free of charge all regulated information that it disseminates, exclusive of all other information, to the FCA or an agent appointed by the FCA to act on its behalf.
DTR 8.4.34RRP
A primary information provider must notify the FCA immediately if:(1) there is any change to the names and contact details of staff who are available to assist the FCA exercise its functions in relation to the dissemination of regulated information by the primary information provider; or(2) any contractual arrangement between the primary information provider and a media operator regarding the dissemination of regulated information is terminated; or(3) any changes are proposed
DTR 8.4.36RRP
A primary information provider must notify the FCA and its clients as soon as possible if its ability to disseminate or continuously receive regulated information is disrupted.
DTR 8.4.37RRP
If a primary information provider has its approval cancelled it must immediately notify its clients, regulatory bodies and any media operator with whom it has an arrangement for the dissemination of regulated information that it is no longer approved as a primary information provider.
DISP 1.1.3RRP
(1) Subject to DISP 1.1.5 R, this15 chapter applies to a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its appointed representative in the United Kingdom.15(2) For complaints relating to the MiFID business of a firm, the complaints handling rules and the complaints record rule:(a) apply to complaints from retail clients and do not apply to complaints from eligible complainants who are not retail
DISP 1.1.5ARRP
14The complaints reporting rules and the complaints data publication rules do not apply to a credit union.
DISP 1.1.10ARRP
8This chapter (except the complaints record rule,9 the complaints reporting rules and the complaints data publication rules9) applies to payment service providers in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.9
DISP 1.1.10CRRP
1332This chapter (except the complaints record rule, the complaints reporting rules, and the complaints data publication rules) applies to electronic money issuers in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.
DISP 1.1.10FRRP
For complaints related to collective portfolio management services of an EEA UCITS management company for a UCITS scheme, DISP 1.1.3R (1) applies, except where modified as follows:(1) where the services are provided from a branch in the United Kingdom, the consumer awareness rules, complaints handling rules and complaints record rule apply in respect of complaints from Unitholders rather than from eligible complainants; and(2) this chapter, except the consumer awareness rules,
DISP 1.1.11RRP
Where the subject matter of a complaint is subject to a review directly or indirectly under the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000, the complaints resolution rules, the complaints time limit rules, the complaints record rule,9 the complaints reporting rules and the complaints data publication rules9 will apply only if the complaint is about the outcome of the review.9
DISP 1.1.15RRP
This chapter (except the complaints record rule,9 the complaints reporting rules and the complaints data publication rules)9 applies to VJ participants for complaints from eligible complainants as part of the standard terms.9
DISP 1.10A.1RRP
(1) 1Unless (1A) applies to the firm, where,26 in accordance with DISP 1.10.1 R, a firm submits a report to the FCA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).26(1A) (a) This paragraph applies to a firm which:(i) has permission to carry on only credit-related regulated activities or to operate an electronic system in relation to lending3; and(ii) has revenue arising from those activities3
DISP 1.10A.2RRP
The complaints data summary required by DISP 1.10A.1 R must be published in the format set out in DISP 1 Annex 1B R.
DISP 1.10A.3RRP
(1) Where the firm's relevant reporting period (as defined in DISP 1.10.4 R or DISP 1.10.4A R as the case may be26) ends between 1 January and 30 June, the firm must publish the complaints data summary no later than 31 August of the same year.(2) Where the firm's relevant reporting period (as defined in DISP 1.10.4 R or DISP 1.10.4A R as the case may be26) ends between 1 July and 31 December, the firm must publish the complaints data summary no later than 28 February of the following
DISP 1.10A.4RRP
A firm must immediately confirm to the FCA , in an email submitted to complaintsdatasummary@fca.org.uk , that the complaints data summary or total number of complaints (as appropriate)26 accurately reflects the report submitted to the FCA , that the summary or total number of complaints (as appropriate)26 has been published and where it has been published.
DISP 1.10A.5ERP
A firm will be taken to have complied with DISP 1.10A.1R (1), DISP 1.10A.1R (1A)26(2) , DISP 1.10A.1R (3) or DISP 1.10A.1R (4)26 if within the relevant time limit set out in DISP 1.10A.3 R the firm:26(1) ensures that another person publishes the complaints data summary or total number of complaints (as appropriate)26 on its behalf; and(2) publishes details of where this summary or total number of complaints (as appropriate)26 is published.
DISP 1.10A.6RRP
Any firm covered by a joint report, other than the firm that submitted the joint report, must provide details of where the complaints data summary or total number of complaints (as appropriate)26 is published to any person who requests them.
DISP 1.10A.7GRP
Firms may choose how they publish the complaints data summary or total number of complaints (as appropriate)26. However, the summary or total number of complaints (as appropriate)26 should be readily available. For this reason, the FCA recommends that firms should publish the summary or total number of complaints (as appropriate)26 on their websites.
DISP 1.11.6ARRP
1Where, in accordance with DISP 1.11.6 R, the Society submits a report to the FCA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).
DISP 1.11.6BRRP
1The Society must publish the complaints data summary in the format set out in the complaints publication form in DISP 1 Annex 1B R omitting details as to the firms and brands/trading names covered by the summary.
DISP 1.11.6CRRP
1The deadlines for publication of the Society's complaints data summaries are:(1) 28 February for the summary of its report relating to the reporting period ending on 31 December of the previous year; and(2) 31 August for the summary of its report relating to the reporting period ending on 30 June of the same year.
DISP 1.11.6DRRP
1The Society must immediately confirm to the FCA, in an email submitted to complaintsdatasummary@fca.org.uk, that the complaints data summary accurately reflects the report submitted to the FCA, that the summary has been published and where it has been published.
DISP 1.11.6EGRP
1The Society may choose how it publishes the complaints data summary. However, the complaints data summary should be readily available. For this reason, the FCA recommends that the Society publishes the summary on its website. The Society may publish further information with the complaints data summary to aid understanding.
LR 5.6.11RRP
An announcement made for the purpose of LR 5.6.10G (2) must be published by means of an RIS.
LR 5.6.12GRP
The FCA will generally be satisfied that there is sufficient publicly available information in the market about the proposed transaction if the target has securities admitted to an investment exchange or trading platform that is not a regulated market and the issuer:(1) confirms, in a form acceptable to the FCA, that the disclosure requirements in relation to financial information and inside information of the investment exchange or trading platform on which the target'ssecurities
LR 5.6.14RRP
An announcement made for the purpose of LR 5.6.12G (2) must be published by means of an RIS.
LR 5.6.15GRP
Where the target in a reverse takeover is not subject to a public disclosure regime, or if the target has securities admitted on an investment exchange or trading platform that is not a regulated market but the issuer is not able to give the confirmation and make the announcement contemplated by LR 5.6.12 G, the FCA will generally be satisfied that there is sufficient publicly available information in the market about the proposed transaction such that a suspension is not required
LR 5.6.16RRP
An announcement made for the purpose of LR 5.6.15 G must be published by means of an RIS.
LR 5.6.25RRP
An eligibility letter prepared for the purposes of LR 5.6.23 G must be provided to the FCA not less than 20 business days prior to the announcement of the transaction referred to in LR 5.6.24 R.
RCB 3.5.11DRP
1The issuer must publish the asset notification form sent to the FCA under RCB 3.3.1 D.
RCB 3.5.12DRP
1The issuer must publish the information relating to the individual loan assets in the asset pool in the form set out in RCB 3 Annex 7A D (loan level disclosure) within one month of the end of each quarter following any issuance of regulated covered bonds after 1 January 2013.
RCB 3.5.13DRP
1The issuer must publish the transaction documents (excluding legal opinions) relating to the regulated covered bond or programme.
RCB 3.5.14GRP
1The publication of the information and documents required under RCB 3.5.11 D, RCB 3.5.12 D and RCB 3.5.13 D should be made on a subscription-only, secure, password-protected website. This website should also contain a link to the latest published prospectus relating to the relevant regulated covered bond or programme.
RCB 3.5.15GRP
(1) 1The transaction documents published under RCB 3.5.13 D should include the asset sale agreement, the servicing agreements, the administration and cash management agreements, the trust deed, the security deed, the agency agreements, the account bank agreement, the guaranteed investment contract, the master definitions agreement, intercompany loan agreements, the LLP deed, the asset monitor agreement, the swap documentation, the final terms of the regulated covered bonds or
RCB 3.5.16DRP
1If the issuer is in insolvency, the owner must publish the information set out at RCB 3.5.11 D and RCB 3.5.12 D in accordance with those directions.
DEPP 3.2.14AGRP
1If FCA staff consider that it is appropriate to publish information about the matter to which a warning notice falling within section 391(1ZB) of the Act relates, they will make a recommendation to the RDC that such information should be published.
DEPP 3.2.14BGRP
1The RDC will consider whether it is appropriate in all the circumstances to publish information about the matter to which a warning notice falling within section 391(1ZB) of the Act relates. The FCA's policy on publishing such information is set out in EG 6.
DEPP 3.2.14CGRP
1If the RDC proposes that the FCA should publish information about the matter to which a warning notice falling within section 391(1ZB) of the Act relates:(1) the RDC will settle the wording of the statement it proposes the FCA should publish (warning notice statement);(2) the RDC staff will make appropriate arrangements for the warning notice statement it proposes the FCA should publish to be given to the persons to whom the warning notice was given or copied;(3) the proposed
DEPP 3.2.14DGRP
1If no response to the proposed warning notice statement is received, the FCA will make appropriate arrangements to publish the warning notice statement.
DEPP 3.2.14EGRP
1However, if the RDC receives a response from the person to whom the proposed warning notice statement was given, the RDC will consider their response and decide whether it is appropriate in all the circumstances to publish information about the matter to which the warning notice relates.
DEPP 3.2.14FGRP
1If the RDC decides that the FCA should publish a warning notice statement:(1) the RDC will notify the relevant parties (including the relevant FCA staff) in writing of that decision;2(2) the RDC will settle the wording of the warning notice statement; and(3) the FCA will make appropriate arrangements for the warning notice statement to be published.
DEPP 3.2.14GGRP
1If the RDC decides that the FCA should not publish a warning notice statement the RDC staff will notify the relevant parties (including the relevant FCA staff) in writing of that decision.
LR 1.3.2RRP
(1) The FCA may, at any time, require an issuer to publish such information in such form and within such time limits as it considers appropriate to protect investors or to ensure the smooth operation of the market. [Note: Article 16.2 CARD](2) If an issuer fails to comply with a requirement under paragraph (1) the FCA may itself publish the information (after giving the issuer an opportunity to make representations as to why it should not be published). [Note: Article 16.2 CA
LR 1.3.3RRP
An issuer must take reasonable care to ensure that any information it notifies to a RIS or makes available through the FCA is not misleading, false or deceptive and does not omit anything likely to affect the import of the information.
LR 1.3.4RRP
If an issuer is required to notify information to a RIS at a time when a RIS is not open for business it must distribute the information as soon as possible to:(1) not less than two national newspapers in the United Kingdom;(2) two newswire services operating in the United Kingdom; and(3) a RIS for release as soon as it opens.
DEPP 1.2.1GRP
Section 395 of the Act (The FCA's and PRA's procedures) requires the FCA2 to publish a statement of its procedure for the giving of statutory notices. The procedure must be designed to secure, among other things, that the decision which gives rise to the obligation to give a statutory notice is taken by a person not directly involved in establishing the evidence on which that decision is based or by two or more persons who include a person not directly involved in establishing
DEPP 1.2.4GRP
The requirement in section 395 of the Act to publish a procedure for the giving of notices does not extend to the giving of a notice of discontinuance or a final notice. Neither of these notices is a statutory notice for the purposes of DEPP; nor is the decision to give such a notice a statutory notice associated decision.
DEPP 1.2.4AGRP
2Section 395 of the Act also requires the FCA to publish a statement of its procedure for decisions which gives rise to an obligation for the PRA to include a statement under section 387(1A) in a warning notice or a statement under section 388(1A) in a decision notice as follows:(1) Section 387(1A) provides that where the FCA proposes to refuse consent for the purposes of section 55F, 55I or 59 of the Act, or to give conditional consent as mentioned in section 55F(5) or 55I(8),
DEPP 1.2.6AGRP
1Statutory notice associated decisions do not include decisions relating to the publication of a statutory notice.
REC 4.2A.1GRP
1Under subsections 292A(1) and (2) of the Act, a UK RIE must as soon as practicable after a recognition order is made in respect of it publish such particulars of the ownership of the UK RIE, including the identity and scale of interests of the persons who are in a position to exercise significant influence over the management of the UK RIE2or (where the UK RIE is also an RAP) the RAP, whether directly or indirectly, as the FCA3 may reasonably require.3
REC 4.2A.2GRP
Under subsections 292A(3) and (4) of the Act, a UK RIE must as soon as practicable after becoming aware of a transfer of ownership of the UK RIE which gives rise to a change of persons who are in a position to exercise significant influence over the management of the UK RIE or (where the UK RIE is also an RAP) the RAP,2 whether directly or indirectly, publish such particulars of any such transfer as the FCA3 may reasonably require.3
REC 4.9.1GRP
(1) 1Under sections 312E and 312F of the Act, if the FCA considers that a recognised body has contravened a requirement imposed by the FCA under any provision of the Act that relates to a RIE, or under any provision of the Act whose contravention constitutes an offence the FCA has power to prosecute, or by a qualifying EU provision specified by the Treasury, it may: (a) publish a statement to that effect; or(b) impose on the body a financial penalty of such amount as it considers
REC 4.9.2GRP
(1) Under section 192K of the Act, if the FCA considers that a qualifying parent undertaking of a UK RIE has contravened a requirement of a direction given by the FCA under section 192C of the Act, or a provision of rules made by the FCA under section 192J of the Act, it may:(a) impose a penalty of such amount as it considers appropriate on the qualifying parent undertaking of the UK RIE, or any person who was knowingly concerned in the contravention; or(b) publish a statement
LR 1.4.6RRP
A document that is required under a listing rule to be filed, notified to a RIS, provided to the FCA or sent to security holders must be in English.
LR 1.4.11RRP
5Where a listing rule requires an issuer subject to DTR 6.3.1 R to use the services of an RIS, the issuer must comply with the provisions of DTR 6.3.
LR 1.4.12RRP
5Where a listing rule requires an issuer who is not subject to DTR 6.3.1 R to use the services of an RIS, the issuer must comply with the provisions of DTR 6.3, except in relation to information which is required to be disclosed under the Transparency Directive, Article 6 of the Market Abuse Directive or the DTR.
REC 2A.4.2GRP
Where the FCA2 is entitled to impose a penalty on an RAP, it may instead publish a statement censuring it.2
REC 2A.4.4GRP
The power in regulation 5A of the RAP Regulations to impose a civil penalty or publish a statement adds to the FCA's2 other supervisory powers in relation to RAPs (see REC 4) and its power to impose penalties on an RAP under the Money Laundering Regulations. The FCA2 will use this power under the RAP Regulations where it is appropriate to do so and with regard to the relevant factors listed in DEPP 6.2.1 G. In deciding between a civil penalty or a public statement, the FCA2 will
REC 2A.4.9GRP
Where the FCA2 is proposing or deciding to publish a statement censuring an RAP or impose a penalty on the RAP under regulation 5A of the RAP Regulations, the FCA's2 decision maker will be the RDC. This is to ensure that the FCA's2 power to censure or impose a penalty on an RAP has the same layer of separation in the decision making process, and is exercised consistently with, similar penalty and censure powers of the FCA2 under other legislation. The RDC will make its decisions
DEPP 1.1.1GRP
1This manual (DEPP) is relevant to firms, approved persons and other persons, whether or not they are regulated by the FCA.5 It sets out:5(1) the FCA's5 decision-making procedure for giving statutory notices. These are warning notices, decision notices and supervisory notices (DEPP 1.2 to DEPP 5);5(1A) the FCA's decision-making procedure in cases where the PRA is required to seek the FCA's consent before approving an application (a) for Part 4A permission; (b) for the variation
DEPP 1.1.2GRP
The purpose of DEPP is to satisfy the requirements of sections 63C(1),2 69(1), 88C(1), 89S(1),5 93(1), 124(1), 131FA,4 131J(1),2 169(9),3 192N(1), 210(1), 312J(1), 345D(1)5 and 395 of the Act that the FCA5 publish the statements of procedure or policy referred to in DEPP 1.1.1 G.5
PERG 9.8.5GRP
The use of an expectation test ensures that the definition of an open-ended investment company is not limited to a situation where a holder of shares in, or securities of, a body corporate has an entitlement or an option to realise his investment. It is enough if, on the facts of any particular case, the reasonable investor would expect that he would be able to realise the investment. The following are examples of circumstances in which the FCA considers that a reasonable investor
DTR 1A.3.1RRP
(1) The FCA may, at any time, require an issuer to publish such information in such form and within such time limits as it considers appropriate to protect investors or to ensure the smooth operation of the market.(2) If an issuer fails to comply with a requirement under paragraph (1) the FCA may itself publish the information (after giving the issuer an opportunity to make representations as to why it should not be published).
MAR 6.2.1GRP
The purpose of this chapter is to implement Article 27 of MiFID, which deals with the requirements on systematic internalisersfor pre-trade transparency in shares, the execution of orders on behalf of clients and standards and conditions for trading. It also provides a rule requiring investment firms to notify the FCA when they become, or cease to be, a systematic internaliser, and which gives effect to Article 21(4) of the MiFID Regulation. The chapter
DTR 1.5.3GRP
(1) If the FCA considers that an issuer, a person discharging managerial responsibilities or a connected person has breached any of the disclosure rules it may, subject to the provisions of the Act, impose on that person a financial penalty or publish a statement censuring that person.(2) If the FCA considers that a former director was knowingly concerned in a breach by an issuer it may, subject to the provisions of the Act, impose on that person a financial penalty.
DEPP 7.1.3GRP
The purpose of DEPP 7 is to set out the FCA's3 statement of policy on the conduct of interviews to which a direction under section 169(7) or section 131FA2 has been given or the FCA3 is considering giving. The FCA3 is required to prepare and publish this statement of policy by section 169(9) and (11) and section 131FA2 of the Act. As required by section 169(10) and section 131FA2 of the Act, the Treasury has approved the statement of policy.333