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ICAEW Law 10: Criminal law. > 10. Insider dealing. > Flashcards

10. Insider dealing. Flashcards

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1
Q

Insider dealing is governed by the …

A

Criminal Justice Act (1993)

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2
Q

Insider dealing is a (civil / criminal) offence.

A

criminal

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3
Q

‘Securities’ covered by insider dealing legislation: S*, DS (DS, LS, CB, CoD), W, DR, O, F, CfD.

A

shares

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4
Q

‘Securities’ covered by insider dealing legislation: S, DS* (DS, LS, CB, CoD), W, DR, O, F, CfD.

A

debt securities

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5
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS*, LS, CB, CoD), W, DR, O, F, CfD.

A

debenture stock

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6
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS*, CB, CoD), W, DR, O, F, CfD.

A

loan stock

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7
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB*, CoD), W, DR, O, F, CfD.

A

corporate bonds

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8
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD*), W, DR, O, F, CfD.

A

certificates of deposit

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9
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W*, DR, O, F, CfD.

A

warrant

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10
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR*, O, F, CfD.

A

depositary receipts

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11
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR, O*, F, CfD.

A

options

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12
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR, O, F*, CfD.

A

futures

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13
Q

‘Securities’ covered by insider dealing legislation: S, DS (DS, LS, CB, CoD), W, DR, O, F, CfD*.

A

contracts for differences

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14
Q

Insider dealing legislation (does / does not) cover unlisted securities.

A

does not

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15
Q

Insider dealing legislation (does / does not) cover face to face transactions.

A

does not

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16
Q

Insider dealing involves the A* or D of S on a RM or via a PI.

A

acquisition

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17
Q

Insider dealing involves the A or D* of S on a RM or via a PI.

A

disposal

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18
Q

Insider dealing involves the A or D of S* on a RM or via a PI.

A

securities

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19
Q

Insider dealing involves the A or D of S on a RM* or via a PI.

A

regulated market

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20
Q

Insider dealing involves the A or D of S on a RM or via a PI*.

A

professional intermediary

21
Q

The acquisition or disposal of securities which are price-affected in relation to unpublicised information.

A

insider dealing

22
Q

The offence of encouraging another person to engage in insider dealing (does / does not) require that person to actually deal.

A

does not

23
Q

An ‘…’ is defined as: D, E, S, IoS; E, O, P

A

insider

24
Q

An ‘insider’ is defined as: D*, E, S, IoS; E, O, P

A

director

25
Q

An ‘insider’ is defined as: D, E*, S, IoS; E, O, P

A

employee

26
Q

An ‘insider’ is defined as: D, E, S*, IoS; E, O, P

A

shareholder

27
Q

An ‘insider’ is defined as: D, E, S, IoS*; E, O, P

A

issuer of securities

28
Q

An ‘insider’ is defined as: D, E, S, IoS; E*, O, P

A

employment

29
Q

An ‘insider’ is defined as: D, E, S, IoS; E, O*, P

A

office

30
Q

An ‘insider’ is defined as: D, E, S, IoS; E, O, P*

A

profession

31
Q

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.’

A

knew

32
Q

Characteristics of ‘… information’: P/S/P, U and having a SEoPoV if it were.

A

inside

33
Q

Characteristics of ‘inside information’: P*/S/P, U and having a SEoPoV if it were.

A

particular

34
Q

Characteristics of ‘inside information’: P/S*/P, U and having a SEoPoV if it were.

A

specific

35
Q

Characteristics of ‘inside information’: P/S/P*, U and having a SEoPoV if it were.

A

precise

36
Q

Characteristics of ‘inside information’: P/S/P, U* and having a SEoPoV if it were.

A

unpublished

37
Q

Characteristics of ‘inside information’: P/S/P, U and having a SEoPoV* if it were.

A

significant effect on price or value

38
Q

Offences under insider dealing legislation: D*, EATD, DoII

A

dealing

39
Q

Offences under insider dealing legislation: D, EATD*, DoII

A

encouraging another to deal

40
Q

Offences under insider dealing legislation: D, EATD, DoII*

A

disclosure of inside information

41
Q

Defences to insider dealing: DnEaP*, WdA, BoRG that IaD or WBD

A

did not expect a profit

42
Q

Defences to insider dealing: DnEaP, WdA*, BoRG that IaD or WBD

A

would have dealt anyway

43
Q

Defences to insider dealing: DnEaP, WdA, BoRG* that IaD or WBD

A

believed on reasonable grounds

44
Q

Defences to insider dealing: DnEaP, WdA, BoRG that IaD* or WBD

A

information already disclosed

45
Q

Defences to insider dealing: DnEaP, WdA, BoRG that IaD or WBD*

A

would be disclosed

46
Q

The maximum penalty for insider dealing is … imprisonment.

A

7 years

47
Q

The territorial scope of insider dealing is …

A

within the UK.

48
Q

Disclosure of information in the course of one’s employment or profession is not deemed to be …

A

insider dealing

ICAEW Law 10: Criminal law. (8 decks)

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