EG 3.8 1Information requests and investigations to assist EEA regulators in relation to short selling

1The FCA may use its section 131E power to require information and documents from natural or legal persons to support both its monitoring and its enforcement functions.

1An officer with authorisation from the FCA may exercise the section 131E power to require information and documents from natural or legal persons. This includes an FCA employee or an agent of the FCA.

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.

1Section 131FA states that the FCA must, in deciding whether or not to exercise its investigative power, consider whether the exercise of that power is necessary to comply with an obligation under the short selling regulation.