Criminal insider dealing—the disclosing offence

Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Practice notes

Criminal insider dealing—the disclosing offence

Published by a ³ÉÈËÓ°Òô Corporate Crime expert

Practice notes
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This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993, that is encouraging another person to deal in such Securities (whether or not the other person knows they are 'price-affected'), knowing or having reasonable cause to believe that the dealing would take place.

For general information on criminal Insider dealing including who is an Insider and what constitutes Inside information and an inside source, see Practice Note: Insider dealing—the criminal offence.

How can a person commit the disclosing (inside) information offence?

The offence of disclosing information is where a person passes inside information to another person, other than in the proper performance of their employment or duties. It is only an offence when the person passing the information believes that the recipient is likely to deal on the strength of that information. A person must know that the information

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Jurisdiction(s):
United Kingdom
Key definition:
Insider definition
What does Insider mean?

In the context of the uk market abuse regulation (Retained Regulation (EU) No 596/2014), a person who possess inside information as a result of: (a) being a member of the administrative, management or supervisory bodies of the issuer; (b) having a holding in the capital of the issuer; (c) having access to the information through the exercise of an employment, profession or duties; or (d) being involved in criminal activities. A person is also an insider if the person possesses inside information under circumstances other than those referred to above, where that person knows or ought to know that it is inside information. See Article 8(4) of the UK Market Abuse Regulation. In the context of the criminal insider dealing regime under the Criminal Justice Act 1993, a person who has inside information which they know is inside information knowingly from an inside source. See section 57 of the Criminal Justice Act 1993.

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