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There are currently no known outstanding effects for the The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013, Section 15.
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15.—(1) A person who fails to comply with an obligation to notify the Bank under the Article 31 of the EMIR regulation is guilty of an offence.
(2) A person who gives an Article 31 notice to the Bank and makes the acquisition to which the notice relates before the expiry date of the assessment period is guilty of an offence unless the Bank has approved the acquisition.
(3) A person who makes an acquisition in contravention of the Bank’s decision under Article 31(5) of the EMIR regulation is guilty of an offence.
(4) A person who makes an acquisition after the Bank’s approval for the acquisition has ceased to be effective by virtue of the expiry of any period (including an extended period) fixed for concluding the acquisition under Article 31(7) is guilty of an offence.
(5) A person who provides information to the Bank which is false in a material particular is guilty of an offence.
(6) A person guilty of an offence under paragraph (1), (2), (4) or (5) is liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(7) A person guilty of an offence under paragraph (3) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(8) It is a defence for a person charged with an offence under paragraph (1) to show the person had, at the time of the alleged offence, no knowledge of the act or circumstances by virtue of which the duty to notify the Bank arose.
Commencement Information
I1Reg. 15 in force at 1.4.2013 in accordance with reg. 1(2)
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