Regulation Chapter 3 Flashcards
Features of ‘inside information’
- unpublished
- price sensitive
- specific or precies (not rumor)
- relates to a particular security/issuer
Someone commits the offence of insider dealing if they….
- deal
- encourage someone else to deal
- disclose inside information
Which legislation would the regulator use to pursue someone for inside dealing?
CJA 1993
Where does the regulator get power from?
FSMA 2000
The instruments for insider dealing cover…
- shares
- bonds
- warrants
- depository receipts
- futures, options, CFDs (on securities)
The instruments NOT covered in insider dealing are…
- commodities/commodity derivatives (doesn’t help to know that e.g. one farmer is struggling..)
- currencies/currency derivatives (FX is driven by interest rates, so insider trading would come from central banks who know what the monetary policy will be. But, we assume that people from the central bank don’t share this info.)
- collective investment scheme (CIS) units/shares (you don’t choose the specifics, they do it)
General defenses for when you are accused of insider dealing and disclosing
Dealing:
- no advantage (profit) expected
- believed the informaiton had been widely disclosed
- would have dealt anyway
Disclosing:
- did not expect recipient to deal
Special defenses for when you are accused of insider dealing
- market makers
- market informaiton (e.g. pre-bid fascilitation)
- price stablilisation
These are stronger than the general defenses
Market manipulation general prohibition.
a person shall not engage or attempt to engage in….
- manipulating transactions
- dissemination (speading information to give false/misleading impression of investment)
- benchmark manipulation
Market manipulation is a ….. offence.
CRIMINAL!
What you need to know about managers’ transactions.
- anyone who has a managerial responsibility (and people close to them) must NOTIFY the issuer and the FCA (for shares, debt instruments, and related derivatives)
- CLOSED PERIODS. Cannot conduct transactions in their company’s shares/related instruments during the closed period. This is 30 DAYS before announcement of interim or financial reports.
Investment recommendations obligations
- need to maintain objectivity and disclose any confict of interest.
(There is conflict of interest if the organisation:
- has an existing position in the investment concerned
- trades contrary to their own recommendation
- in a corporate finance advisor to/has another relatiomnship with the company in question)
Money Laundering definition and steps
it is the turning of ‘dirty money’ into money which appears to be from legitimate origins.
steps:
- placement
- layering
- integration
Rules and regulations of money laundering
proceeds of crime act POCA 2002 (specifies criminal offences of money laundering)
serious organised crime and police act SOCPA 2005 (helps define ‘criminal conduct’. Secretary of State also reserves the right to prescribe certain offenses)
money laundering, terrorist financing and transfer of funds regulations MLR 2017 (administrative provisions that firms need to have to combat money laundering)
senior management arrangements, systems and controls SYSC (sourcebook) (rules and guidance on the way anti-money laundering provisions are implemented)
joing money laundering steering group JMLSG (guidance) (guidance on how firms should interpret and implement anti-money laundering provisions. NOT manditory. Shows best practice).
(thses are the legislations used to pusue)
Offences under the proceeds of crime act (POCA) 2002
(and defence agains 1-3)
- concealing
- arrangements (being concerned in an arrangement)
- acquisition, use and possession
- failure to discluse (e.g. if you suspect someone is laundering money)
- tipping-off
Defence against 1-3: make the required disclosure to the MLRO
Money Laundering Regulations have 3 main requirements
- Administrative (ID procedures (KYC), and internal reporting procedures for suspicious (MLRO))
- Training (at least every 24 months)
- Preventive (internal controls)
failure to comply –> Criminal offence!!
JMLSG’s Guidance on KYC
- IDENTIFY the customer
- VERIFY the information
- information about the intended NATURE OF BUSINESS RELATIONSHIP
When should evidence of identity be obtained?
as soon as reasonably practicable after first contact
If they cannot verify identity….
- do NOT proceed with business relationship
- consider report to the National Crime Agency (NCA)