Notice N60/99

LONDON STOCK EXCHANGE 29 September 1999 For the attention of the chairman/senior partner/compliance officer, all member firms N60/99 STOCK EXCHANGE NOTICE CONSULTATION ON PROPOSED RULE AMENDMENTS PTM LEVY Background 1. Stock Exchange rule 2.19 sets out the circumstances in which a member firm should collect PTM levy on contract notes. The current principles that determine whether the levy is charged are that the total consideration shown on the contract note exceeds £10,000 sterling and that the nominal value of the relevant security is expressed in sterling. 2. Recent events have led to the Exchange and the Panel on Takeovers and Mergers reviewing the rule, since the wording of the current rule excludes certain UK companies which should be included in the provisions. These events are; (a) the fact that a number of corporate restructurings have led to certain UK companies having ordinary shares denominated in non-sterling currencies; and (b) the introduction of the euro on 1 January 1999. Securities denominated in currencies other than sterling 3. In order to ensure that the levy is payable on relevant contract notes for securities denominated in currencies other than sterling, it is proposed that rule 2.19 (b) is deleted, so that the currency in which the nominal value of the security is expressed is no longer relevant in assessing whether PTM levy is payable. Contract notes issued in euro 4. In advance of the start of trading of UK securities in euro on the Exchange trading system, it is proposed that rule 2.19 should be amended to exempt from the PTM levy any euro contract notes where the total consideration shown is equal to or less than a euro amount specified within the rule. At the outset, this will apply to contract notes with a total consideration of 15,000 euros or less. This figure may be reviewed at a later date in the light of any substantial fluctuations in the sterling/euro exchange rate. Contracts issued in currencies other than sterling or euro 5. For a contract note in a relevant security, issued in a currency other than sterling or euro, it is proposed that member firms should calculate a value equivalent to £10,000 in that currency to establish whether or not the levy is payable. Rate and currency of PTM levy 6. Member firms are advised that the appropriate euro rate for the levy set by the Panel will be 0.40 euro (40 euro cents) per relevant contract note. The sterling rate of PTM levy will remain at 25p until further notice. 7. Payment of the levy will be accepted in euros. This will allow member firms to raise the levy in euros on contract notes. This is optional and member firms may raise the sterling equivalent of the euro amount payable if they wish to do so. Irish securities 8. Member firms are reminded that the London Stock Exchange requirements are not relevant to trades in securities issued by companies incorporated in the Republic of Ireland. Member firms should consult the Irish Takeover Panel in relation to those securities. UK securities held on overseas registers 9. There is no requirement to charge the levy on transactions in securities that are held on an overseas register of a UK company. Daily Official List 10. In cases of doubt as to whether PTM levy should be charged on a contract note relating to a particular security, member firms should refer to the Stock Exchange Daily Official List, which will continue to carry a marker against any security for which PTM levy is not payable. Consultation 11. The proposed rule amendments are set out in the attachment to this Notice and are subject to a consultation period ending on 27 October 1999. 12. Additions to existing wording are underlined and deletions struck through. A further Notice will be issued at the end of the consultation period to confirm the finalised rules. A E Scott-Bishop Head of Regulatory Development Any comments and consultation responses on this Notice should be addressed to Reg Dobson, Market Regulation department, London Stock Exchange, London EC2N 1HP. Email: rdobson@londonstockex.co.uk. Telephone 0171 797 3310 (STX 3310).
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