Market Abuse

Market Abuse

Legislation

The Financial Services and Markets Act 2000 introduces the concept of market abuse. Under s118 (1) market abuse is defined as:

  • behaviour in relation to any qualifying investments;
  • likely to be regarded by regular users of the market as falling below the standard reasonably expected of a person in that position; and
  • that falls within at least one of three categories:

(1)Based on information not generally available to users of the market which, if available to a regular user, would be likely to be regarded by him as relevant in regard to the terms on which to deal in those investments.

(2)Is likely to give a regular user a false or misleading impression as to the market value of such investments.

(3)Is regarded by a regular user as likely to distort the market in such investments.

Qualifying investments are those which are traded on the UK's 'prescribed markets', as well as those traded on other European regulated markets.

The Financial Services Authority have also drawn up a Code of Market Conduct to detail the ways in which market abuse can occur.

Types of market abuse.

  • Insider dealing
  • Improper disclosure: where an insider improperly discloses inside information to another person and is also classified as insider dealing.
  • Misuse of information: any behaviour based on information that is not generally available but would affect an investor's decision about the terms on which to deal. This is also a type of insider dealing.
  • Manipulating transactions: trading, or placing orders to trade, that gives a false or misleading impression of the supply of, or demand for, one or more investments, raising the price of the investment to an abnormal or artificial level.
  • Manipulating devices: trading, or placing orders to trade, which employs fictitious devices or any other form of deception or contrivance.
  • Dissemination:  giving out information that conveys a false or misleading impression about an investment or the issuer of an investment where the person doing this knows the information to be false or misleading.
  • Distortion and misleading behaviour: behaviour that gives a false or misleading impression of either the supply of, or demand for, an investment: or behaviour that otherwise distorts the market in an investment.

Consequences

Market abuse as defined in the Code can result in an unlimited fine and a public reprimand by the Financial Services Authority under civil law.

Created at 8/21/2012 4:32 PM  by System Account  (GMT) Greenwich Mean Time : Dublin, Edinburgh, Lisbon, London
Last modified at 11/2/2016 11:36 AM  by System Account  (GMT) Greenwich Mean Time : Dublin, Edinburgh, Lisbon, London

Rating :

Ratings & Comments  (Click the stars to rate the page)

Tags:

Financial Services and Markets Act 2000

Recent Discussions

There are no items to show in this view.