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Markets in Financial
Instruments Directive (MiFID)
DIRECTIVE 2004/39/EC
Article 38
Requirements relating to persons exercising significant influence
over the management of the regulated market
1. Member States shall require the persons who are in a position
to exercise, directly or indirectly, significant influence over
the management of the regulated market to be suitable.
2. Member States shall require the operator of the regulated
market:
(a) to provide the competent authority with, and to make public,
information regarding the ownership of the regulated market and/or
the market operator, and in particular,
the identity and scale of interests of any parties in a position
to exercise significant influence over the management;
(b) to inform the competent authority of and to make public any
transfer of ownership which gives rise to a change in the identity
of the persons exercising significant influence over the operation
of the regulated market.
3. The competent authority shall refuse to approve proposed
changes to the controlling interests of the regulated market
and/or the market operator where there are objective
and demonstrable grounds for believing that they would pose a
threat to the sound and prudent management of the regulated
market.
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