MAR v2 Flashcards
(10 cards)
What are the 3 offences under MAR?
1) Insider Dealing
2) Unlawful disclosure of insider information
3) Market Manipulation
What is insider dealing
Dealing based upon non-public information
How is non-public information defined?
It must be:
1) Specific or precise
2) non-public
3) if made public would significantly influence price
What is dealing defined as?
1) Acquiring
2) Disposing
3) Modifying or cancelling an order
4) Encouraging another to deal
What punishments are there for insider dealing?
Prison Sentence + Fine
What assets are in scope for insider dealing, as defined in the CJA
stocks, bonds, certificates, warrants, options, futures and CFDs
What is market manipulation?
Using deceitful tactics to influence or anchor the price of a financial instrument
What four actions constitute market manipulation
1) Giving false or misleading signals about the supply, demand or price of an instrument
2) Using ficticious devices to alter the price of a security
3) Disseminating false information that in order to anchor the price of an instrument
4) Other actions such as colaborating to gain a dominant market position in order to influence the price of a security
What other instrument is in scope for market manipulation?
Benchmarks
What are the provisions for unlawful disclosure?
1) General disclosure agreement requires firms to release insider information to the public when it concerns them
2) Maintaining insider lists
3) Requiring directors and senior executives to disclose all relevant trades to the regulator (stocks, bonds etc)