Clause 77

This section applies where the Authority considers that —

it may be necessary to prohibit trading in securities or securities‑based derivatives contracts or units in a collective investment scheme under section 46;

it may be necessary to give a direction or take any action under section 46AA or 81S in relation to any capital markets products or financial instruments;

a person may have contravened any of the provisions of Part VII in relation to any capital markets products; or

a person may have contravened any of the provisions of Part XII in relation to any capital markets products or financial instruments.(2) The Authority may require an officer of an entity or trust, the securities, securities‑based derivatives contracts and units in a collective investment scheme of which are mentioned in subsection (1), to disclose to the Authority any information of which he is aware and which may have affected any dealing or trading that has taken place, or which may affect any dealing or trading that may take place, in the securities, securities‑based derivatives contracts and units in a collective investment scheme.(3) Where the Authority believes on reasonable grounds that a person is capable of giving information concerning any of the following matters:

any dealing in capital markets products mentioned in subsection (1);

any advice given, or any report or analysis issued or published concerning such capital markets products, by the holder of a capital markets services licence to deal in capital markets products, or a representative of such a holder;

the financial position of any business carried on by a person who is or has been (either alone or together with another person or other persons) the holder of a capital markets services licence to deal in capital markets products and who has dealt in or given advice or issued or published a report or an analysis concerning such capital markets products;

the financial position of any business carried on by a nominee controlled by a person mentioned in paragraph (c) or jointly controlled by 2 or more persons at least one of whom is a person mentioned in that paragraph; or

an audit of, or any report of an auditor concerning, any book of the holder of a capital markets services licence to deal in capital markets products, being a book relating to dealings in such capital markets products,the Authority may require the person to disclose to the Authority the information that the person has about that matter.Exercise of certain powers in relation to financial benchmarks144.—

This section applies where the Authority considers that —

it may be necessary to give a direction in relation to any designated benchmark under section 123ZZB; or

a person may have contravened any of the provisions of Part XII in relation to a financial benchmark.(2) Where the Authority believes on reasonable grounds that a person is capable of giving information concerning any of the following matters:

the activity of administering a financial benchmark;

the activity of providing information in relation to a financial benchmark;

the financial position of any authorised benchmark administrator, exempt benchmark administrator, authorised benchmark submitter, exempt benchmark submitter or designated benchmark submitter;

the financial position of any business carried on by a nominee controlled by a person mentioned in paragraph (c) or jointly controlled by 2 or more persons, at least one of whom is a person mentioned in that paragraph;

an audit of, or any report of an auditor concerning, any book of any authorised benchmark administrator, exempt benchmark administrator, authorised benchmark submitter, exempt benchmark submitter, or designated benchmark submitter, being a book relating to a designated benchmark,the Authority may require the person to disclose to the Authority the information that the person has about that matter.”.