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Version status: In force | Document consolidation status: Assimilated law updated to reflect all known changes
Version date: 31 December 2020 - onwards
Version 2 of 2

Article 80 Circumstances constituting significant damage to investors' interests and the orderly functioning of the market

1. For the purpose of sections 313CA and 313CC of FSMA [2000 c.8. Sections 313CA to 313CC were inserted by S.I. 2017/701.], paragraph 7E of the Schedule to the Recognition Requirements Regulations [S.I.2001/995. Paragraph 7E was inserted by S.I. 2006/3386.] and rules 5.6.1 and 5A.9.1 of the Market Conduct sourcebook, a suspension or a removal from trading of a financial instrument shall be deemed likely to cause significant damage to investors' interests or the orderly functioning of the market at least in the following circumstances:

(a) where it would create a systemic risk undermining financial stability, such as where the need exists to unwind a dominant market position, or where settlement obligations would not be met in a significant volume;

(b) where the continuation of trading on the market is necessary to perform critical post-trade risk management functions when there is a need for the liquidation of financial instruments due to the default of a clearing member under the default procedures of a CCP and a CCP would be exposed to unacceptable risks as a result of an inability to calculate margin requirements;

(c) where the financial viability of the issuer would be threatened, such as where it is involved in a corporate transaction or capital raising.