The objective of these increased penalties is to act as an incentive for deterring future wrong doers. In this respect, the omission to correct information that gives a false or misleading impression, will also constitute market abuse.
Moreover, the regime only extended to members of the regulated community. The reciprocating categories, namely, abusive behaviour and distortion and misleading behaviour, reiterate the meanings of the requirements, so as to reflect the wider ambit of the market abuse regime in the UK, prior to the implementation of the Directive.
How have the courts dealt with market abuse cases within the context of the new regime? The Revised Code of Market Conduct works alongside the criminal law but applies to a wider range of activities. He was fined 15, Problems with the market abuse regime: The statutory framework for the market abuse regime was created by the FSMA in ,30 the primary objective of which was to fill a perceived gap in the protection of financial markets in the UK.
The Market Abuse Regime: Indeed, the FSA can seek to impose an unlimited fine, a public censure, or for authorised firms, the removal of their licence36 if they can prove that market abuse has occurred.
Various issues have been raised regarding the market abuse regime. Indeed, the offences have not been used since and the industry had a mixed understanding of the specific offences that are prohibited.
I market confidence; 6 ii public awareness; 7 iii the protection of consumers; 8 and iv the reduction of financial crime. The current market abuse regime is contained in the Revised Code of Market Conduct, which encapsulates the changes resulting from the Market Abuse Directive,12 describes seven different types of behaviour that amount to market abuse.
However, the practical benefits of the super equivalent regime cannot be clearly evidenced.
This should result in a higher detection of market abuse cases. This therefore raised the price of the investment to an artificial level.
All these cases illustrate how the FSA has recently pursued higher profile cases and imposed larger fines as a means of increasing the penalties for breaches of market abuse. Also, since the civil regime entails a lower standard of proof, the new regime ought to result in more punishments for the participants of market abuse.
Deutschebank were fined i?? The Directive requirements for market abuse includes: The case of Deutschebank23 demonstrates how the FSA has dealt with the behaviour of manipulating transactions. However, the possible penalties for market abuse that may be inflicted by the FSA remain the same.
The remaining two categories embrace: This could lead to people making the wrong investment decisions. The FSA fined 18, and 15, for the illegal trading of shares.
This gap was the result of the narrow focus of the criminal offences of insider dealing and market manipulation.Financial Services Authority. FINAL NOTICE. To: Ravi Shankar Sinha. FSA. Reference. Number: RSS the Financial Services and Markets Act (“the Act”), prohibiting Ravi Shankar Sinha (“Mr Sinha”) from performing any function in relation to any European arm of JCF’s business and he was the CEO of JCFUK.
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The Financial Services Authority Author: admin \ August 31, \ Business Papers \ 0 Comments Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim .Download