The FSA fined 18, and 15, for the illegal trading of shares. Various issues have been raised regarding the market abuse regime. This could lead to people making the wrong investment decisions. 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.
The case of Deutschebank23 demonstrates how the FSA has dealt with the behaviour of manipulating transactions.
Moreover, the regime only extended to members of the regulated community. This should result in a higher detection of market abuse cases.
Deutschebank were fined i?? How have the courts dealt with market abuse cases within the context of the new regime?
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 possible penalties for market abuse that may be inflicted by the FSA remain the same. I market confidence; 6 ii public awareness; 7 iii the protection of consumers; 8 and iv the reduction of financial crime.
Problems with the market abuse regime: 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.
The Directive requirements for market abuse includes: 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.
The Revised Code of Market Conduct works alongside the criminal law but applies to a wider range of activities. The Market Abuse Regime: The remaining two categories embrace: In this respect, the omission to correct information that gives a false or misleading impression, will also constitute market abuse.
This gap was the result of the narrow focus of the criminal offences of insider dealing and market manipulation.
He was fined 15, Indeed, the offences have not been used since and the industry had a mixed understanding of the specific offences that are prohibited. However, the practical benefits of the super equivalent regime cannot be clearly evidenced. The objective of these increased penalties is to act as an incentive for deterring future wrong doers.
This therefore raised the price of the investment to an artificial level. 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.
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 Financial Services Authority As An Embodiment Of Iosco Declaration No portion of the work referred in this research paper has been submitted in support of an application for another degree or qualification of this or any other university or other institution of.
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