Commentary

38.4 Misleading statements etc in relation to benchmarks

COMPANIES vol 11 acquisitions, mergers, demergers
| Commentary

38.4 Misleading statements etc in relation to benchmarks

| Commentary

38.4 Misleading statements etc in relation to benchmarks

A person commits an offence if he makes a false or misleading1 statement to another person and:

  1. 38.4.1

        he makes the statement in the course of arrangements for the setting of a relevant benchmark2;

  2. 38.4.2

        he intends that the statement should be used by that person for the purpose of the setting of a relevant benchmark; and

  3. 38.4.3

        he knows that the statement is false or misleading or is reckless as to whether it is3.

It is a defence to a prosecution under the above provision for the defendant to show that the

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