Client Newsletter Winter 2009 - Listings

In this issue:-

Admission Of Irish ETFs To Trading On The London Stock Exchange Changes To Irish Stock Exchange Continuing Obligation Requirements ADMISSION OF IRISH ETFs TO TRADING ON THE LONDON STOCK EXCHANGE

One of the main objectives in structuring Exchange Traded Funds (ETFs) is accessing large capital markets. Many ETFs consider a main market listing on the London Stock Exchange (LSE) as the best means of accessing liquidity and increasing their profile. However an LSE listing involves significant time and financial considerations.

There is now an alternative way to access the Main Market of the LSE, reducing costs and time significantly.

The introduction of EU Directives has resulted in a distinction between the concepts of being "listed" and "admitted to trading". A security that is "listed" on an exchange has been vetted by the relevant exchange and is compliant with the suitability standards and conditions for listing laid down by that exchange. A security that is "admitted to trading" has been approved by a competent authority in another EU jurisdiction and must be recognised by the "host" exchange, with the relevant securities being allowed to trade on the host exchange.

In a recent change, securities which have been "admitted to trading" by the LSE may be traded on their Main Market trading platform. Therefore it is now possible to access the LSE Main Market without an LSE listing. This eliminates the requirement to appoint UK listing advisors, reduces the approval timescale and involves significant cost efficiencies.

In order to have an ETF admitted to trading on the Main Market of the LSE the fund must be approved for listing on the Irish Stock Exchange (ISE). An ISE listing is a straightforward process for any Irish regulated fund, which can be undertaken by Dillon Eustace during the regulatory approval process, with no timing implications. The cost of an ISE listing is small. A further requirement of admission to trading is that the ETF complies with the provisions of UCITS III.

Admission to trading enables an ETF to have its securities traded on the Main Market of the LSE, without the additional requirements and costs associated with seeking a full LSE listing.

The application for admission to trading may be made by the ETF itself or by Dillon Eustace, without the need to appoint a separate UK listing sponsor.

The admission is contingent on the ETF registering for and obtaining recognition from the FSA for admission and...

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