Tag Archives: Insider Dealing
Corporate Crime update – December 2018
Welcome to the December 2018 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. This month, we would like to wish all of our regular readers a … Continue reading
Filed under Announcements, Asia, Australia, Bribery and Corruption, Corporate Crime, Dubai, Europe, European Guidance, Hong Kong, India, Investigations, Investment Funds, Malaysia, Middle East, Philippines, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, Thailand, UK Government
Hong Kong Court of Final Appeal clarifies “innocent purpose” defence to insider dealing
The Hong Kong Court of Final Appeal (CFA) has recently allowed the Securities and Futures Commission’s (SFC) appeal against the Market Misconduct Tribunal’s (MMT) findings that two former executives of a listed company (ATML), Mr Charles Yiu Hoi Ying and … Continue reading
Corporate Crime monthly update – November 2017
Welcome to the November 2017 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each … Continue reading
#MAR_bitesize
New Market Abuse powers for the FCA The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 On 29 June 2016, the Government adopted the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (the "regulations"). This left … Continue reading
Filed under Estonia, EU, Europe, European Regulation, FCA, France, Germany, Italy, Liechtenstein, UK Regulations, Uncategorized
#MAR_bitesize
Extra-territorial scope of MAR: impact on non-EU firms Article 2(4) of MAR applies the "prohibitions and requirements" within MAR to behaviour that occurs both within the EU and in a third county. In other words, MAR is intended to have … Continue reading
Filed under EU, Europe, European Regulation, France, Germany, Investment banking, Italy, Spain, Ukraine
#MAR_bitesize
Suspicious transaction and order reporting Under Article 16 of MAR, market operators and investment firms operating a trading venue1, and any person professionally arranging or executing transactions, should have in place arrangements, procedures and systems for the detection and reporting … Continue reading
AIFMs, UCITS managers and proprietary trading firms: EU MAR surveillance and STORs requirements apply
With just under 5 weeks to go before the Market Abuse Regulation comes into application across the EU, the European Securities and Markets Authority (ESMA) on Monday clarified that the obligations to detect and report market abuse under Article 16(2) … Continue reading
Filed under Asset management, Banking, EU, Funds, Insurance, Investment banking, Investment Funds, Uncategorized
Market abuse update – April 2016
This will be our last quarterly Market Abuse update before 3 July 2016, the date when both the new Market Abuse Regulation and the Criminal Sanctions (Market Abuse) Directive come into application across Europe. Some significant pieces of the regulatory … Continue reading
Filed under Americas, Asset management, Australia, Banking, Estonia, EU, Europe, European Regulation, France, Germany, Insurance, Investment banking, Investment Funds, Italy, Liechtenstein, Spain, Ukraine, Uncategorized, US
Market Abuse Update: January 2016
In September, the European Securities and Markets Authority (ESMA) published the final draft of its technical standards for the Market Abuse Regulation (EU MAR), which will replace the current civil regime on 3 July 2016. EU MAR and the associated … Continue reading