The Law And Finance Of Corporate Insider Trading Theory And Evidence
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The Law And Finance Of Corporate Insider Trading Theory And Evidence
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Author : Hamid Arshadi
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Law And Finance Of Corporate Insider Trading Theory And Evidence written by Hamid Arshadi and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Business & Economics categories.
A thorough analysis of insider trading requires the integration of law and finance, and this book presents a theoretical and empirical examination of insider trading by incorporating a synthesis of securities law with that of financial theory. The book begins with a conceptual framework that explores the theoretical roles of markets, firms and publicly held corporations, including a discussion of corporate governance to determine both who may have access to nonpublic information, and their legal rights and responsibilities. The book then examines different aspects of the securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, and a critique of the SEC disclosure rules and their ramifications for market efficiency. This is followed by a detailed chronology of insider trading regulations enacted in the U.S. since 1934 and an overview of the existing empirical literature on insider trading. Empirical evidence is presented on insider trading activities and the merit of anti-insider trading laws is evaluated on theoretical arguments and recent empirical developments. The authors conclude by arguing that insider trading laws and enforcement activities have failed and propose the decriminalization of insider trading.
Law And Corporate Finance
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Author : Frank B. Cross
language : en
Publisher: Edward Elgar Publishing
Release Date : 2007-01-01
Law And Corporate Finance written by Frank B. Cross and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Business & Economics categories.
The authors examine the role of the law in developing large financial markets necessary for national economic success. They discuss the basic foundational law of contracts, property and tort, corporate law, and securities law, providing both a broad theoretical and empirical case for its value in financial markets.
The Concepts Of Insider Dealing
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Author : Linda Vuskane
language : en
Publisher: GRIN Verlag
Release Date : 2010-08-02
The Concepts Of Insider Dealing written by Linda Vuskane and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-02 with Law categories.
Essay from the year 2010 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 67, , course: Company Law, language: English, abstract: The following paper investigates the concepts of insider dealing. While the first part offers an overview of the relevant legislation, the second part aims to answer the question as to whether insider trading should be prohibited by legislation. Insider dealing refers to the use of non-public and price-sensitive information for the purpose of gaining an unfair advantage and involves trading with company shares or other securities in a public financial market. Such conduct is both a criminal offence and a regulatory infringement under the civil code. There are various theories dealing with insider trading that offers arguments for and against the prohibition of insider trading. The misappropriation theory, the unfairness approach and the idea that insider dealing will negatively affect market confidence are all considered to be distinct reasons for regulating insider dealing. On the other hand, opponents argue that legalization of insider dealing would lead to increased market efficiency, fairer share pricing and fraud prevention. Despite the high costs required for prevention of insider dealing and the fact that very few if any companies have ever sued its officers for inside trading, it is widely regarded by the governments as being immoral and damaging for the markets and is therefore prohibited. The offences can be dealt with either civil or criminal regime, with the latter being far more difficult to apply in practice and thus less effective.
Corporate Liability For Insider Trading
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Author : Juliette Overland
language : en
Publisher: Routledge
Release Date : 2019-03-05
Corporate Liability For Insider Trading written by Juliette Overland and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-05 with Law categories.
Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation – security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest – are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime
Law And Economics Of Corporate Governance And Insider Trading
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Author : Georgios I. Zekos
language : en
Publisher: Nova Science Publishers
Release Date : 2016
Law And Economics Of Corporate Governance And Insider Trading written by Georgios I. Zekos and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Corporate governance categories.
The regulation of insider trading prohibits insiders from using inside information in securities transactions, and the central goal of the regulator is to preclude non-public information from circulating in the stock markets. The goal of legislation against insider trading is the same as that of legislation against market manipulation, making certain the integrity of EU financial markets and so boosting investor confidence in those markets. Market manipulation and insider trading are interrelated and based on circulation of information, and so cyberspace & e-logistics of information could be the key to neutralising people from taking advantage of their privilege to govern information within a company. Insider trading moves prices because outsiders decode information from the trade itself. Insider trading increases capital costs for the reason that insider trading raises the cost to market-makers in a companys securities relative to other companies, decreasing the anticipated return to uninformed shareholders. Corporate insiders are clearly informed about their own firms. The insiders outperformance derives from either their analytical skill or the handling of superior information about their companies when trading. Insiders benefit from unexpected losses on top of gains and so have a perverse incentive to trigger the company to under-perform if insider trading is permitted. Securities are vital, not only as investment vehicles, but also as devices for corporate control. A peaceful European Revolution should bring forward European nations and the USE/European Federation, which can deal with insider trading, criminal law, and other political/economical components in a harmonious way while avoiding any conflict among the various jurisdictions taking place in the present EU.
Insider Dealing
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Author : Gil Brazier
language : en
Publisher: Routledge
Release Date : 2012-09-10
Insider Dealing written by Gil Brazier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
This book concentrates on the restatement of the law contained in Part 5 of the Criminal Justice Act 1993. It sets out the law and practice governing the commission of the criminal offence of insider dealing (and of certain other securities market offences) in the United Kingdom. In doing so, it also places the relevant legislation into the context of securities law as a whole. The historical background is explained and there is discussion of the way in which securities business is effected in the City and how it is presently regulated. The book is practical in its approach and will therefore appeal to experienced practitioners and compliance officers.
Research Handbook On Insider Trading
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Author : Stephen M. Bainbridge
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Research Handbook On Insider Trading written by Stephen M. Bainbridge and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Business & Economics categories.
In most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics. The Handbook begins with a section devoted to legal issues surrounding the USÕs ban on insider trading, which is one of the oldest and most energetically enforced in the world. Using this section as a foundation, contributors go on to discuss several specific court cases as well as important developments in empirical research on the subject. The Handbook concludes with a section devoted to international perspectives, providing insight into insider trading laws in China, Japan, Australia, New Zealand, the United Kingdom and the European Union. This timely and comprehensive volume will appeal to students and professors of law and economics, as well as scholars, researchers and practitioners with an interest in insider trading.
Selling Hope Selling Risk
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Author : Donald C. Langevoort
language : en
Publisher: Oxford University Press
Release Date : 2016-05-06
Selling Hope Selling Risk written by Donald C. Langevoort and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Business & Economics categories.
In the midst of globalization, technological change, and economic anxiety, we have deep doubts about how well the task of investor protection is being performed. In the U.S., the focus is on the Securities & Exchange Commission. Part of the explanation is economic and political: the failure to know the right balance between investor protection and capital formation, and the resulting battle among interest groups over their preferred solutions. In Selling Hope, Selling Risk, author Donald C. Langevoort argues that regulation is also frustrated at nearly every turn by human nature, as exhibited both on the buy-side (investors) and sell-side (corporate executives, bankers, stockbrokers). There is plenty of savvy and guile, but also ample hope, fear, ego, overconfidence, social contagion and the like that persistently filter and distort the messages regulators try to send. This book is the first sustained effort to link the key initiatives of securities regulation with our burgeoning awareness in the social sciences of how people and organizations really behave in economic settings. It examines why corporate fraud occurs and how best to deter it and compensate its victims; the search for an edge via insider trading; the disclosure apparatus and its gatekeepers; sales efforts and manipulation in Ponzi schemes, internet scams, private offerings and crowdfunding; and how this all helps explain the recent global financial crisis. It ends by turning these insights back on the task of regulation itself, and the strategies (and frustrations) of making regulation work in a financial world that is at once increasingly sophisticated yet deeply human and incurably flawed.
The Law Of Insider Trading In Australia
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Author : Gregory Lyon
language : en
Publisher: Federation Press
Release Date : 2005
The Law Of Insider Trading In Australia written by Gregory Lyon and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Corporation law categories.
This book provides a detailed and practical analysis of Australian Insider Trading Laws. Written jointly by Gregory Lyon of the Melbourne Bar and Professor du Plessis of Deakin University, the work: Examines all fundamental concepts relating to insider trading such as 'who is an insider', 'what is inside information' and 'when is information generally available', together with commentaries on proposed changes to the laws and an examination of the impact of the most recent decisions, including Hannes, and Rivkin; Provides a very detailed examination of the defences and exceptions, with particular attention to the operation of Chinese Walls; Analyses fully and systematically the provisions on insider trading in the Corporations Act and the Criminal Code (Cth) within the context of decided cases and relevant secondary materials; Covers comprehensively the penalties and remedies for contravention of the insider trading regime. This includes the intricate civil compensation provisions, and an up-to-date analysis of the civil penalties regime in light of ASIC v Petsas; Discusses the operation and effectiveness of continuous disclosure as a means of preventing insider trading.
Market Abuse Regulation In South Africa The United States Of America And The United Kingdom
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Author : Howard Chitimira
language : en
Publisher: Vernon Press
Release Date : 2018-05-15
Market Abuse Regulation In South Africa The United States Of America And The United Kingdom written by Howard Chitimira and has been published by Vernon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Business & Economics categories.
This book provides a concise comparison of the regulation and enforcement of the anti-market abuse laws (insider trading and market manipulation) in South Africa, the United States of America (USA) and United Kingdom (UK). Bringing together a number of previously published articles, the book provides a novel discussion of the challenges associated with the enforcement of market abuse laws in both developing countries such as South Africa and developed ones such as the USA and the UK. This is primarily done to examine and expose the current strengths and weaknesses of market abuse laws in relation to certain aspects of the corporate, securities and financial markets environments in South Africa, the USA and the UK. Accordingly, chapters two to five of the book unpack the regulation and enforcement of market abuse laws in South Africa and the USA in a comparative perspective. Thereafter, chapters six to eight of the book discuss the regulation and enforcement of market abuse laws (Financial Markets Act 19 of 2012) and other related statutes in South Africa and the UK. The book proposes some measures that could be utilised to enhance the enforcement of anti-market laws in South Africa, USA and the UK. New market abuse-related challenges that occurred during the global financial crisis are also briefly discussed. The book further provides a relatively adequate overview of the comparative analysis of the regulation of market abuse in South Africa versus two key developed and respected jurisdictions, namely, the USA and the UK. Accordingly, it is hoped that the book can aid regulatory authorities, financial market participants, academics, students and other interested readers to understand market abuse offences and possible measures that could be employed to combat such offences.