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Grounds to allege Insider Trading in Firms

A Ashok Kumar
A Ashok Kumar
  • Apr 13, 2023
  • 9 min to read
Grounds to allege Insider Trading in Firms Kumar

The term “insider trading” refers to the practice of buying or selling securities, such as stocks or bonds, based on information obtained from inside sources that are not publicly available. Insider trading is illegal in most countries, including the United States, because it gives the trader an unfair advantage. For example, if a company insider knows that the company is about to announce a major merger, they could buy or sell shares of the company’s stock before the announcement is made public, giving them an advantage over other investors. In the United States, the Securities and Exchange Commission (SEC) has rules and regulations that prohibit insider trading. Insider trading can be alleged in firms when there is a reason to believe that an insider has used their knowledge of the company’s operations to purchase or sell securities for their own profit. There are a number of grounds on which insider trading can be alleged, and each of these grounds must be considered in order to determine whether insider trading has actually occurred. The first ground on which insider trading can be alleged is the use of material, non-public information (MNPI). MNPI is information that has not been made available to the public, but which would have a significant impact on the stock price of a company if it were made public. If an insider uses MNPI to buy or sell securities, they are committing insider trading. The second ground on which insider trading can be alleged is the use of a 10b5-1 plan. A 10b5-1 plan is a contract that an insider may enter into with a broker to buy or sell securities on their behalf at a certain price. If the price of the securities changes after the plan is signed, the broker may execute the plan without the insider’s knowledge or consent, giving them an unfair advantage. The third ground on which insider trading can be alleged is the use of a restricted stock transaction. A restricted stock transaction is a transaction in which an insider is given the right to purchase or sell securities at a predetermined price. If the price of the securities changes after the transaction is made, the insider may benefit from the change in price. The fourth ground on which insider trading can be alleged is the use of a hedging strategy. A hedging strategy is a strategy used by insiders to reduce the risk of losses on their investments. If an insider uses this strategy to buy or sell securities, they may be engaging in insider trading. The fifth ground on which insider trading can be alleged is the use of a pre-arranged trading plan. A pre-arranged trading plan is an agreement between an insider and a broker to buy or sell securities at a predetermined price. If the price of the securities changes after the agreement is made, the insider may benefit from the change in price. Finally, the sixth ground on which insider trading can be alleged is the use of a wash sale. A wash sale is a transaction in which an insider sells a security at a loss in order to buy it back at a lower price. If the insider does this to take advantage of the price difference, they may be engaging in insider trading. Insider trading can be a serious offense, and it is important that firms take steps to ensure that their employees are not engaging in any activities that could be considered insider trading. If a firm suspects that one of its employees is engaging in insider trading, it is important that they investigate the matter and take the necessary steps to ensure that the employee is held accountable for their actions.

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A Ashok Kumar
A Ashok Kumar

I have been practicing for 8 years in Civil, Criminal & Family matters cases and handling the matters ethically and professionally. I also handle NI Act, Recover, Banking, Domestic Violence, Divorce, maintenance, Property, Documentation, and Cyber Crime matters and have achieved professional experience in providing legal services. Further, I can undertake the following activities with a professional approach. I have enrolled with the BAR Council of KAR/1388/2015.

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Blog Comment
Sophie Asveld

February 14, 2019

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Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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