Additional Market Making Rules for Equity Securities
Shareholders' Approval and Share Repurchase
MIR-4.19.38
In addition to the aforementioned rules specified under Section MIR4.19, an
issuer ofequity security must seek prior approval ofshareholders at a general meeting before entering into amarket making agreement .Added: January 2019
MIR-4.19.39
An
issuer may repurchase its own shares for the purpose ofmarket making after obtainingshareholders' approval.Added: January 2019
MIR-4.19.40
The maximum number of
shares that an issuer can repurchase for the purpose ofmarket making must not exceed 3% of the total issuedshares .Added: January 2019
MIR-4.19.41
The repurchase limit of 3% referred to in Paragraph MAE-4.19.40 must be included as part of the overall repurchase limit of 10% set out under TMA-4.1.8.
Added: January 2019
MIR-4.19.42
Where an issuer undertakes
share repurchase for the purpose ofmarket making , theissuer must ensure that theshare repurchase plan complies with the requirements of Module TMA (see Section TMA - 4.1).Added: January 2019
Material Rights of Shares Deposited in the Securities Account
MIR-4.19.43
Apart from the right to allocation of new
shares free of charge, all other material rights of theshares deposited in thesecurities account must remain suspended.Added: January 2019
MIR-4.19.44
The
issuer and themarket maker must ensure that the suspension of material rights referred to in Paragraph-4.19.43 is complied with, particularly with regards to dividend payments.Added: January 2019
Prior acquisition of shares to deposit in securities account
MIR-4.19.45
Where the
issuer does not depositshares into thesecurities account or deposits a number ofshares that is insufficient to enablemarket making operation to commence under the agreement, there should be an initial period during which themarket maker may only buyshares of theissuer until it attains the volume that is predetermined in themarket making agreement . Such acquisition should be for the sole purpose of enabling themarket maker to commence operations under themarket making agreement and they should be performed in theissuer's best interest but without interfering or hampering normal market operations and without misleading other market participants.Added: January 2019
MIR-4.19.46
The
shares acquired in the initial period should be deposited in thesecurities account referred to in Paragraph MIR-4.19.16.Added: January 2019
MIR-4.19.47
The
market maker should not sell any of theissuer's shares deposited in thesecurities account until the initial period concludes or until it attains the limits established in terms of number ofshares or value ofshares for the purpose of undertakingmarket making .Added: January 2019
MIR-4.19.48
Where the initial period concludes and the minimum initial balance of
shares in thesecurities account referred to in Paragraph MIR-4.19.16 has not been attained, theissuer and themarket maker may:a) Extend the initial period by a length of time not greater than the initially established period.a) Terminate the agreementb) Establish a lower number of sharesAdded: January 2019