10. Insider dealing. Flashcards
Insider dealing is governed by the …
Criminal Justice Act (1993)
Insider dealing is a (civil / criminal) offence.
criminal
‘Securities’ covered by insider dealing legislation: S*, DS (DS, LS, CB, CoD), W, DR, O, F, CfD.
shares
‘Securities’ covered by insider dealing legislation: S, DS* (DS, LS, CB, CoD), W, DR, O, F, CfD.
debt securities
‘Securities’ covered by insider dealing legislation: S, DS (DS*, LS, CB, CoD), W, DR, O, F, CfD.
debenture stock
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS*, CB, CoD), W, DR, O, F, CfD.
loan stock
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB*, CoD), W, DR, O, F, CfD.
corporate bonds
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD*), W, DR, O, F, CfD.
certificates of deposit
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W*, DR, O, F, CfD.
warrant
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR*, O, F, CfD.
depositary receipts
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR, O*, F, CfD.
options
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR, O, F*, CfD.
futures
‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR, O, F, CfD*.
contracts for differences
Insider dealing legislation (does / does not) cover unlisted securities.
does not
Insider dealing legislation (does / does not) cover face to face transactions.
does not
Insider dealing involves the A* or D of S on a RM or via a PI.
acquisition
Insider dealing involves the A or D* of S on a RM or via a PI.
disposal
Insider dealing involves the A or D of S* on a RM or via a PI.
securities
Insider dealing involves the A or D of S on a RM* or via a PI.
regulated market
Insider dealing involves the A or D of S on a RM or via a PI*.
professional intermediary
The acquisition or disposal of securities which are price-affected in relation to unpublicised information.
insider dealing
The offence of encouraging another person to engage in insider dealing (does / does not) require that person to actually deal.
does not
An ‘…’ is defined as: D, E, S, IoS; E, O, P
insider
An ‘insider’ is defined as: D*, E, S, IoS; E, O, P
director
An ‘insider’ is defined as: D, E*, S, IoS; E, O, P
employee
An ‘insider’ is defined as: D, E, S*, IoS; E, O, P
shareholder
An ‘insider’ is defined as: D, E, S, IoS*; E, O, P
issuer of securities
An ‘insider’ is defined as: D, E, S, IoS; E*, O, P
employment
An ‘insider’ is defined as: D, E, S, IoS; E, O*, P
office
An ‘insider’ is defined as: D, E, S, IoS; E, O, P*
profession
As a criminal offence, for insider dealing to be proven it must be shown that the perpertrator … that the information was ‘inside’ and therefore origniated from an ‘insider.’
knew
Characteristics of ‘… information’: P/S/P, U and having a SEoPoV if it were.
inside
Characteristics of ‘inside information’: P*/S/P, U and having a SEoPoV if it were.
particular
Characteristics of ‘inside information’: P/S*/P, U and having a SEoPoV if it were.
specific
Characteristics of ‘inside information’: P/S/P*, U and having a SEoPoV if it were.
precise
Characteristics of ‘inside information’: P/S/P, U* and having a SEoPoV if it were.
unpublished
Characteristics of ‘inside information’: P/S/P, U and having a SEoPoV* if it were.
significant effect on price or value
Offences under insider dealing legislation: D*, EATD, DoII
dealing
Offences under insider dealing legislation: D, EATD*, DoII
encouraging another to deal
Offences under insider dealing legislation: D, EATD, DoII*
disclosure of inside information
Defences to insider dealing: DnEaP*, WdA, BoRG that IaD or WBD
did not expect a profit
Defences to insider dealing: DnEaP, WdA*, BoRG that IaD or WBD
would have dealt anyway
Defences to insider dealing: DnEaP, WdA, BoRG* that IaD or WBD
believed on reasonable grounds
Defences to insider dealing: DnEaP, WdA, BoRG that IaD* or WBD
information already disclosed
Defences to insider dealing: DnEaP, WdA, BoRG that IaD or WBD*
would be disclosed
The maximum penalty for insider dealing is … imprisonment.
7 years
The territorial scope of insider dealing is …
within the UK.
Disclosure of information in the course of one’s employment or profession is not deemed to be …
insider dealing