Please use this identifier to cite or link to this item: http://hdl.handle.net/1959.14/9717
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- Title
- There was movement at the station for the word had passed around : how does a company possess inside information under Australian insider trading laws?
- Related
- Macquarie journal of business law, Vol. 3, p.241-257
- Related
- http://www.law.mq.edu.au/html/MqJBL/vol3/11Overland.pdf
- Publisher
- School of Law, Macquarie University
- Date
- 2006
- FoR/RFCD Code(s)
-
180105 Commercial and Contract Law
- Author/Creator
- Overland, Juliette
- Description
- Australian insider trading laws prohibit a person from trading in securities whilst in possession of non-public, price-sensitive information. One of the essential elements of the insider trading offence is that the alleged insider must possess certain ‘inside information’. If the alleged insider trader is a company, how does that company ‘possess’ information? Must there be ‘knowledge’ or ‘awareness’ of the inside information, or is mere physical possession sufficient? The Corporations Act contains deeming provisions which impute certain knowledge of a company’s officers and directors to the company itself. General corporate law principles of agency may also apply to deem certain information to be within a company’s possession. How do these provisions and principles operate in the context of insider trading? Legal complexities associated with all of these issues will be examined in this article.
- Description
- 17 page(s)
- Subject Keyword
- 180105 Commercial and Contract Law
- Subject Keyword
- securities--Australia
- Subject Keyword
- insider trading in securities--law and legislation--Australia
- Subject Keyword
- corporation law--Australia
- Subject Keyword
- disclosure of information--law and legislation--Australia
- Subject Keyword
- securities fraud
- Subject Keyword
- Australian Corporations Act 2001
- Subject Keyword
- Australian Securities and Investments Commission
- Resource Type
- Macquarie Journal Of Business Law Collection
- Resource Type
- journal article
- Organisation
- Macquarie University. Dept. of Business Law
- Identifier
- http://hdl.handle.net/1959.14/9717
- Identifier
- ISSN:1449-0269
- Identifier
- mq-rm-2006000584
- Language
- eng
- Rights
- Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.
- Full Text
- Reviewed
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