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Section 89H FCA's power to call for informationF1F2

(1)

The FCA may by notice in writing given to a person to whom this section applies require him—

(a)

to provide specified information or information of a specified description, or

(b)

to produce specified documents or documents of a specified description.

(2)

This section applies to—

(a)

an issuer in respect of whom transparency rules have effect;

(b)

a voteholder;

(c)

an auditor of—

(i)

an issuer to whom this section applies, or

(ii)

a voteholder;

(d)

a person who controls a voteholder;

(e)

a person controlled by a voteholder;

(f)

a director or other similar officer of an issuer to whom this section applies;

(g)

a director or other similar officer of a voteholder or, where the affairs of a voteholder are managed by its members, a member of the voteholder.

(3)

This section applies only to information and documents reasonably required in connection with the exercise by the FCA of functions conferred on it by or under sections 89A to 89G (transparency rules).

(4)

Information or documents required under this section must be provided or produced—

(a)

before the end of such reasonable period as may be specified, and

(b)

at such place as may be specified.

(5)

If a person claims a lien on a document, its production under this section does not affect the lien.

Annotations

Textual amendments

F1

Ss. 89H-89J and cross-heading inserted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1267, 1300(1)(a)

F2

Words in ss. 89A-97 substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 16(2)(3)(g), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

Notes on Part VI

Modifications

C1

Pt. 6 (ss. 72-103) applied (with modifications) (1.12.2001) by S.I. 1995/1537, Sch. 4 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 511)

C2

Pt. 6 modified (31.12.2020) by The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/707), regs. 1(2), 73 (as amended by S.I. 2019/1234, regs. 1(2), 23 and with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1234, regs. 1(3), 29(2)))); 2020 c. 1, Sch. 5 para. 1(1)