Chapter 8 Part 5 Flashcards
The Securities Exchange Act of 1934 defines an insider as
any officer, director, or owner of more than 10% or more of a company’s stock. An insider’s immediate family is also included
Anyone inappropriately using
material, nonpublic information may be charged with insider trading, where the penalties may include fines, imprisonment, and expulsion from the industry
The maximum civil penalty is
three times the profit gained or loss avoided (treble damages)
The maximum criminal penalty is a fine of
of $5 million for an individual and $25 million for a corporation or other entity. An individual may also be sentenced to prison for a period up to 20 years
By the nature of their position, certain people have access to nonpublic information, but may not take advantage ofil to earn a profit or to avoid a loss on a securities transaction. An insider is also not allowed to make a
short-swing profit (i.e., a profit earned on stock held less than six months) on the company’s stock. Any short-swing profit must be returned to the company. If not, the owner may be sued for disgorgement of all profits
Your exam may include an example of an individual who possesses insider information (the tipper} and provides the information to another individual (the tippee} who ultimately profits with the information. Both parties would be
in violation under the Act
The Municipal Securities Rulemaking Board was created by Congress in
1975 as part of an amendment to the Securities Exchange Act of 1934
As with FINRA, the MSrB is a
self-regulatory organization that is subject to oversight by the Securities and Exchange Commission. The purpose of the MSRB is to oversee practices within the municipal securities industry
The MSrB requires every broker or dealer of municipal secmities to comply with its rules. The MSRB is concerned mainly with the standards of
professional practice, including qualifications of brokerdealers, rules of fair practice, and record keeping
MSRB rules do not apply to
issuers of municipal securities
Municipal securities are exempt from the registration requirements of
the Securities Act of 1933, but issuers remain subject to the antifraud provisions set forth in the federal securities acts
