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2. Comparative Analysis on the PRC and English Laws. Insider Trading . Insider. Inside Information. Insider Trading Liabilities. Market Manipulation. 3. Insider Trading - Definition. the action of any insider who has access to any insider information of securities trading or who has unlawfully obta
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1. 1 Insider Trading and Market ManipulationComparative Analysis on the PRC and English Laws Wang Zhenyu
2. 2 Comparative Analysis on the PRC and English Laws
3. 3 Insider Trading - Definition the action of any insider who has access to any insider information of securities trading or who has unlawfully obtained any insider information
take advantage of inside information
divulges inside information
advises any other person to purchase or sell such
Articles 73 and 76 of the PRC Securities Law
4. 4 Insider - Definition exhaustive list plus one catch-all category
directors, supervisors, and senior managers of an issuer
major shareholders
persons who may may have access to inside information
administrators of the securities regulatory body
the professional
catch-all category
5. 5 Insider - Comparative Analysis coverage almost identical
shareholders, directors, senior managers, other employees of an issuer, lawyers, investment bankers, other professional service providers and staff of the securities regulatory body
access to or possession of inside information is a necessary element
Chinese definition is non-exhaustive for the existence of a catch-all category
6. 6 Inside Information Definition and Comparative Analysis general definition plus a non-exhaustive list of specific examples
not publicly available
of a business or financial nature; or
may have a major effect on the market price of the securities
materiality test is used by both systems to determine what constitutes inside information
Chinese law -- influence on the market price
English law -- effects on investors
7. 7 Legal Liabilities - Comparative Analysis compensation to investors
fines
criminal penalty
profit confiscation
8. 8 Market Manipulation - Definition manipulating the trading price or trading quantity
by centralizing their advantages in funds
centralizing shareholding advantages
taking advantage of their information
conspiracy with any other on time, price and method of trading
trading securities between the accounts under his own control
9. 9 Thank you!