17. Offences

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Market abuse is a statutory offence that covers insider dealing and...
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... financial market manipulation.
What stand for MAR?
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Market Abuse Regulation
came into effect in 2016,
What stand for MAD?
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EU Market Abuse Directive
Following Brexit the UK ‘onshored’ (also referred to as 'retained’ or ‘assimilated’ EU Law) the EU MAR into the...
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... UK Statute Book.
EU MAR. There is no obligation to share information with EU authorities without a guarantee of...
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a guarantee of reciprocity. The Financial Conduct
wzajemność
After Brexit MAR became UK MAR. FCA took over the regulatory responsibilities previously held by...
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... by ESMA.
European Securities and Markets Authority.
Improper disclosure is a market abuse. It's covered by Criminal Justice Act (CJA), and legislation relating to __ __.
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... misleading statements
and Financial Services Act 2012
Misleading statements types:| Making misleading statements, | Creating false or misleading impressions | or...
and Financial Services Act 2012
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... making misleading statements in relation to benchmarks.
Financial Services Act 2012. The penalty on Summary Conviction is a fine or jail sentence not exceeding...
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12 months
Financial Services Act 2012. The penalty on Conviction on Inducement is a jail sentence not exceeding...
korzyść majątkowa (w tym lapowka)
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10 years
MAR 1 is related to...
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market abuse
MAR 2 is related to...
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price stabilising rules
What is a public censure?
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public reprimand issued by a regulator. It is a reputational sanction rather than a financial penalty.
When deciding to take any action in regard to market abuse it may also consider additional factors, such as the impact that a financial penalty or public censure may have on the financial markets and...
(mitigating factor)
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degree of sophistication of the users of the market in question.
The FCA’s policy is not to have ‘two bites of the cherry', therefore,
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will not impose sanctions for MARKET ABUSE where a person is being prosecuted for MARKET MISCONDUCT (and other way round).
What does stand for RFQ?
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Requests For Quotes
UK MAR does not only apply to executed trades, it also applies to unexecuted orders and...
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Requests For Quotes (RFQ)
Market abuse prevention and detection. Documented information of respective systems and controls should be maintained for a period of...
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5 years
for the proper regulator, that is FCA
What does stand for STOR?
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Suspicious Transaction and Order Reporting
It covers also the attempts to commit offenses. | To notify the FCA
A subject of a STOR may constitute market manipulation or...
(_focus_)
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... insider trading.
To notify the FCA
Firms may submit a STOR, or they may submit a...?
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a market observation.
For activity which may not fall under STOR. | Market observations are, for example used when a firm or trading has observed a suspicious activity but is not involved in the activity itself and therefore does not have complete information.
What qualifies as inside information in relation to commodity derivatives?
(_narrative_)
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Precise, non-public information about commodity derivatives or the related spot commodity that would likely have a significant effect on prices.
UK MAR: When can client-conveyed information be inside information?
convey [order, message, news, regards, thanks, congratulations, condolences] - przekazywać
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When a client conveys precise, non-public, price-sensitive information about pending orders in financial instruments.
Example: auctioned products based on the emission allowances.
Inside source person examples:
informative
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director; external auditor, employee's spouse
What does stand for RIS?
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Regulatory Information Service
To utilize in case of Public Disclosure of Inside Information.
What is a Insider List?
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List of all persons who have access to inside information.
As separate insider lists are required for each transaction and one for permanent insiders.
Unlawful Disclosure by UK MAR
[informative ]
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The sharing of inside information with another person, unless the disclosure is part of the "normal exercise of an employment, a profession, or duties".
Permitted disclosure includes: | Normal duties, | Market soundings*, | Confidentiality**, | Professional advice and...
for example, to raise capital.
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Takeover bids
*Is made to facilitate for a takeover bid under the Takeover Code. | **Requirements to facilitate a transaction, seek advice, or fulfil a legal obligation.
Act which sets out legislation for Insider Dealing:
(Act)
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Criminal Justice Act 1993 (CJA)
Section 52 of the CJA outlines three ways of committing the insider trading: | Dealing in the security. | Encouraging another to do so and...
Criminal Justice Act 1993 (CJA)
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Disclosing inside information to another.
Inside information relates to securities traded on: Nasdaq, SIX Swiss Exchange and...
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New York Stock Exchange (NYSE)
Inside information relates to securities traded on: UK, EEA, or Gibraltar Regulated Market, MTF* or...
*Multilateral Trading Facility, eg. Turquoise (trading platform)
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Organised Trading Facility (OTF)
eg. Tradeweb (trading platform)
CJA covers tens of assets, eg.
[informative ]
Criminal Justice Act 1993
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Interest rates or yields, emission allowances, emission allowances, freight rates or inflation rates.
Asset which is NOT cover by Criminal Justice Act 1993?
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Wholesale energy products traded that must be physically settled.
Market Manipulation examples, providing false data affecting
3
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Benchmark, | Price, | Media news
BPM
Example of behaviour to be considered as market manipulation is conduct to...
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to secure a dominant position for a financial instrument.
also:
The buying or selling of financial instruments, at the opening or closing of the market. | Manipulation of electronic means (eg, be cancellation or high-frequency trading strategies)
What is a Market Sounding?
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It's where an adviser undertakes discussions with clients to determine their appetite for a new issuance, on behalf of an issuer.
To assess the expected return and potential size of the new issue.
Market Soundings. The disclosing firm has to comply with multiple obligations, for example...
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Obtain the consent of the person receiving the market sounding to receive inside information.
also:
Inform the person receiving the market sounding that they are prohibited from using that information information, by trading or cancelling orders for financial instruments.
Defences for the offence of insider dealing: | not expect to result in a profit, | believed that the information had been widely disclosed or...
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would have acted in the same way regardless of being in possession of the information.
A defence for the offence of disclosing only: the defendant did not expect any person to deal,
Price Stabilisation is an activity of...
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... supporting the price of a new issue of securities in order to minimise the volatility that can sometimes arise with new issues.
Market manipulation. Special Defences are designed for...
(stakeholder)
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... for market makers.
In relation to:
... to market information and to price stabilisation activities,
Market manipulation. Special Defences. An example is when the information was market information arising directly...
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... out of the negotiations.
in connection with an acquisition or disposal
The price stabilising rules allow stabilising managers to...
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... to support the price of new issues of securities by buying the securities in the secondary market for a limited time after their issue.
Insider dealing. Legitimate Behaviour example:
Certain behaviour that is considered legitimate, and as such will not constitute an offence.
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Acting as a market maker
also:
executing orders on behalf of third parties. |Internal arrangements referred as "information barriers".

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