Insider Trading in Developing Jurisdictions

Insider Trading in Developing Jurisdictions PDF

Author: Wunmi Bewaji

Publisher: Routledge

Published: 2012-06-14

Total Pages: 338

ISBN-13: 1136295380

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The book examines the regulation of insider dealing in the developed jurisdictions, using three of the G7 countries as guides with the aim of knowing how they have regulated insider trading and what lessons can be learnt from their failures and achievements. It looks at regulatory regimes in the US, the UK and Japan in order to consider whether these regimes can be successfully transplanted to developing countries. In order to explore insider dealing in the developing world the book focuses on Nigeria, Africa’s most populous nation and second largest economy. This book examines in theoretical and empirical terms the law on insider trading away from the dogmatic approach of Western literature by presenting the subject from the prism of a developing jurisdiction in post-colonial Africa with a divergent cultural, historical, social, political and economic background. The author analyses what shape insider dealing takes in Nigeria, a predominantly illiterate society, and considers the groups involved. The books also explores how the concept of insider dealing regulation is understood amongst parties integral to its administration and enforcement such as lawyers, judges, stockbrokers, and ordinary investors. The legislation governing insider dealing regulation in Nigeria is critically examined to expose its strengths and weaknesses, and to see how foreign provisions and legislation have been incorporated. The book uses Nigerian experiences to consider its implications for other developing nations, arguing that regulatory regimes need to take into account the specific social, political, historical and economic factors of a particular locale rather than importing regulations wholesale from developed jurisdictions.

Insider Trading

Insider Trading PDF

Author: Paul U. Ali

Publisher: CRC Press

Published: 2008-08-22

Total Pages: 452

ISBN-13: 1420074032

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Insider trading has long been considered an endemic feature of the world's financial markets. It is unsurprising that the recent growth in mergers and acquisitions worldwide has been accompanied by a growth in insider trading, on a scale not witnessed since the 1980's takeovers boom. Insider Trading: Global Developments and Analysis brings together the latest law and finance research on insider trading. It provides expert coverage on the established US, European, and Asia-Pacific securities markets, as well as the key emerging markets of Brazil and the greater China region. Providing high interest and up-to-date content, the book features several recent cases, including that of Martha Stewart.

International Insider Dealing

International Insider Dealing PDF

Author: Mark Stamp

Publisher:

Published: 1996

Total Pages: 534

ISBN-13:

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This text offers practical guidance on the regulation of insider dealing in major jurisdictions. It provides an analsis of, and offers guidance on, the relevant statutory requirements and also includes worked examples to give solutions in problem areas.

Insider Trading:The Laws of Europe, the United States and Japan

Insider Trading:The Laws of Europe, the United States and Japan PDF

Author: Emmanuel Gaillard

Publisher: Springer

Published: 1992-02-10

Total Pages: 494

ISBN-13:

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Regulation of insider trading has changed dramatically in the past few years. In reaction to highly publicized insider trading scandals and the internationalization of securities markets, all European countries have recently either strengthened their existing rules (France and the United Kingdom) or implemented new rules (Denmark, Greece, The Netherlands, Belgium, Ireland, Spain, Portugal, Luxembourg, and Italy). The United States continues to refine its insider trading regulations, and Japan has recently enacted legislation in this field. As a result of the increasingly international nature of insider trading, supervisory authorities throughout the world now closely coordinate their efforts. Drawing from the experience of law professors, governmental officials and practising lawyers, this book explores the regulations of eighteen countries in Europe, the United States and Japan, as well as the EC Directive Coordinating Regulations on Insider Dealing, and the Council of Europe's Convention on Insider Trading. This book is an indispensable tool for practising lawyers, legislators, academics, and international business and finance professionals. Combining legal doctrine and practical information, it analyzes, for each legal system, how insider trading is defined and controlled. Further, it addresses other stock-related infractions and international law issues such as jurisdiction and international cooperation.

A Comparative Study of Insider Trading Regulation Enforcement In the U.S. and China

A Comparative Study of Insider Trading Regulation Enforcement In the U.S. and China PDF

Author: Han Shen

Publisher:

Published: 2010

Total Pages: 0

ISBN-13:

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It is generally thought that protecting investors from act of expropriations by management, either in the form of looting or unfair self-dealing, or in the form of exploitation of management's inside information in trading securities, is a precondition to the optimal development of public securities markets. The regulation of insider trading, while controversial, is thus a subject of public imperatives. Following the regulation of insider trading in the U.S., the notion of insider trading has been widely introduced to many other jurisdictions, including China. Certainly, the mere existence of insider trading regulation is not sufficient to assure optimal securities market development; enforcement of insider trading regulation is the key. Recent scholarship concludes that the enforcement of insider trading laws has a strong impact on the cost of capital, whereas passing insider trading laws without enforcing them does not have this effect. This paper will principally address the issue of enforcement of insider trading regulation in the People's Republic of China. In doing so, the author frequently refers to the U.S. experience for two reasons: firstly, the U.S. was the first jurisdiction to enact insider trading regulation and today the U.S. continues to lead the world in the regulation and enforcement. The U.S. experience has been largely viewed as the "gold standard" for many emerging markets. Secondly, the U.S. insider trading regulation has served as a core influence on China's regulatory framework. When the stock markets were established in China in the early 1990s, the regulation primarily imitated the U.S. experience. Rather than developing a costly new regime, China may study how to enhance effective enforcement of existing regulations and may enjoy the learning advantage by adopting the best practices from the U.S. to avoid major pitfalls.

Insider Trading and Market Manipulation

Insider Trading and Market Manipulation PDF

Author: Janet Austin

Publisher: Edward Elgar Publishing

Published: 2017-12-29

Total Pages: 320

ISBN-13: 1786436426

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This book explores how the globalization of securities markets has affected market manipulation and insider trading. It delves into the responses of securities regulators, discussing new regulations designed to deter such misconduct, as well as they ways in which detection, investigation and prosecution techniques are adapting to tackle insider trading and market manipulation that crosses international boundaries.

Insider Trading

Insider Trading PDF

Author: William K. S. Wang

Publisher: Aspen Publishers

Published: 1996

Total Pages: 1128

ISBN-13:

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Here, at last, is a clear, practical guide on what's legal and what isn't in insider trading. It's the only book that gives you everything you need to: Identify every potential source of insider trading liability -- Deter inadvertent violations with an effective compliance program -- Raise powerful defenses to government and private actions, formations, and transactions. With comprehensive, up-to-date coverage and analysis of such significant aspects as government enforcement, which private plaintiffs can sue, and transnational transactions, you'll find more information -- and more readily usable strategy -- than in any other source on the subject. In one convenient volume, Insider Trading shows you all the ways to avoid liability exposure under all applicable law, including: The Supreme Court case, United States v. O'Hagan -- Federal mail and wire fraud statutes -- Section 10(b) and Section 16(b) -- Bilateral treaties and SEC memoranda with 21 foreign jurisdictions -- Transnational transactions -- State law pitfalls.

A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union

A Comparative Analysis of Insider Trading Regulation: New Zealand, Australia and the European Union PDF

Author: Elise Verdonck

Publisher: GRIN Verlag

Published: 2015-03-31

Total Pages: 60

ISBN-13: 3656933154

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Seminar paper from the year 2014 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: A-, University of Auckland, course: Corporate Governance, language: English, abstract: Since the financial crisis in 2008 there is no doubt about the fact that the evolving financial markets are essential for economic growth, employment and prosperity. Those markets serve as financing means for the business world and consumers benefit from the availability of a wide range of financial products and the additional advantages that those markets entail (higher pensions and lower mortgage costs). However, if those financial markets want to continue to contribute both to economy and society, the promotion of a good, integer and transparent functioning of those markets is essential. The proper functioning of the financial markets is largely dependent on the confidence of investors in those markets. The fact that investors ‘must be placed on an equal footing’ is the underlying principle on which this confidence is based. Market participants must be assured to always have access to a minimum set of information before making their investment decisions. In this context, transparency plays an important role. The price of a financial instrument is always the result of the available financial information. And to have proper price formation, it is essential that all the stakeholders have equal access to the relevant information as much as possible. A lot of regulations have already been introduced in this area. Yet, the effectiveness of those regulations can be questioned. For example, directors can make use of certain non-public information to trade in securities. They abuse their superior knowledge and consequently other investors regard this as unfair trading. Due to those unfair practices, other potential investors will turn their back to the financial markets. Insider trading is likely to undermine the investors’ confidence in the market and may jeopardise the proper functioning of the market. Therefore insider trading should be prohibited. But in most cases, law enforcement authorities face difficulties in proving the offenses. Hence, insider trading is a social evil and remains difficult to combat. This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU.This research essay will compare the current legislation on insider trading in New Zealand, Australia and the EU. In the end, it will be clear that the fundamental differences between the three jurisdictions remain off.