SCHEDULE 10 Compensation: Exemptions

SCHEDULE 10 Compensation: Exemptions

Section 90(2) and (5)

Statements believed to be true

1

(1)     In this paragraph “statement” means—

(a)     any untrue or misleading statement in listing particulars; or

(b)     the omission from listing particulars of any matter required to be included by section 80 or 81.

(2)     A person does not incur any liability under section 90(1) for loss caused by a statement if he satisfies the court that, at the time when the listing particulars were submitted to the [FCA], he reasonably believed (having made such enquiries, if any, as were reasonable) that—

(a)     the statement was true and not misleading, or

(b)     the matter whose omission caused the loss was properly omitted,

and that one or more of the conditions set out in sub-paragraph (3) are satisfied.

(3)     The conditions are that—

(a)     he continued in his belief until the time when the securities in question were acquired;

(b)     they were acquired before it was reasonably practicable to bring a correction to the attention of persons likely to acquire them;

(c)     before the securities were acquired, he had taken all such steps as it was reasonable for him to have taken to secure that a correction was brought to the attention of those persons;

(d)     he continued in his belief until after the commencement of dealings in the securities following their admission to the official list and they were acquired after such a laps

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