DTR 1.3 Information gathering and publication
Information gathering
An issuer, person discharging managerial responsibilities or connected person must provide to the FCA as soon as possible following a request:
- (1)
any information that the FCA considers appropriate to protect investors or ensure the smooth operation of the market; and
- (2)
any other information or explanation that the FCA may require to verify whether the disclosure rules are being and have been complied with.
In gathering information under DTR 1.3.1 R, the FCA may contact the issuer, person discharging managerial responsibilities, connected person or their adviser directly. Telephone calls to and from the FCA may be recorded for regulatory purposes. The FCA may also require the issuer, person discharging managerial responsibilities, connected person or their advisers to provide information in writing.
FCA may require the publication of information
- (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may itself publish the information (after giving the issuer an opportunity to make representations as to why it should not be published).
Misleading information not to be published
Notification when a RIS is not open for business
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.
The fact that a RIS is not open for business is not, in itself, sufficient grounds for delaying the disclosure or distribution of inside information.
English language
A notification to a RIS that is required under the disclosure rules must be in English.