Market abuse: Difference between revisions

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# Misleading dissemination.
# Misleading dissemination.


Legislation exists in most financial markets to specify the detail of what is prohibited as market abuse and within the EU this is covered by the Market Abuse Directive ([https://www.esma.europa.eu/system/files/Dir_03_6.pdf Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003]) and the revised Market Abuse Directive II and the Market Abuse Regulation which are due to be enacted in 2014.
For example trading in a company's shares whilst in the possession of inside information that a profits warning was about to be announced would be insider trading and therefore market abuse.
 
====Legislation====
 
Legislation exists in most financial markets to specify the detail of what is prohibited as market abuse and within the EU this was covered by the Market Abuse Directive (Directive 2003/6/EC).
 
The Market Abuse Directive (MAD) was revised and replaced by MAD II which widens its scope to include new markets and instruments.
 
The Market Abuse Regulation (MAR) and the Criminal Sanctions for Market Abuse (CSMAD) form the legislative proposals which make up MAD II.
 
MAD II came into force across the EU in 2014.
 


For example trading in a company's shares whilst in the possession of inside information that a profits warning was about to be announced would be insider trading and therefore market abuse.
MAD II is due to become law across the EU in July 2016.




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===Other links===
===Other links===
[https://www.esma.europa.eu/system/files/Dir_03_6.pdf Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003]
[http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R0596 MAR]
[http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0057 CSMAD]
[http://www.treasurers.org/node/3244 ACT briefing note: The New Market Abuse and Disclosure Regime in the UK - A Guide for Listed Companies; 2005]
[http://www.treasurers.org/node/3244 ACT briefing note: The New Market Abuse and Disclosure Regime in the UK - A Guide for Listed Companies; 2005]

Revision as of 14:26, 11 August 2015

Market abuse is the term used to describe any misuse of confidential or non public information so as to attempt to gain a trading advantage.

Market abuse also encompasses:

  1. Insider dealing.
  2. Improper disclosure.
  3. Manipulating transactions.
  4. Manipulating devices.
  5. Misleading dissemination.

For example trading in a company's shares whilst in the possession of inside information that a profits warning was about to be announced would be insider trading and therefore market abuse.

Legislation

Legislation exists in most financial markets to specify the detail of what is prohibited as market abuse and within the EU this was covered by the Market Abuse Directive (Directive 2003/6/EC).

The Market Abuse Directive (MAD) was revised and replaced by MAD II which widens its scope to include new markets and instruments.

The Market Abuse Regulation (MAR) and the Criminal Sanctions for Market Abuse (CSMAD) form the legislative proposals which make up MAD II.

MAD II came into force across the EU in 2014.


MAD II is due to become law across the EU in July 2016.


See also


Other links

Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003

MAR

CSMAD

ACT briefing note: The New Market Abuse and Disclosure Regime in the UK - A Guide for Listed Companies; 2005