Podcast
Questions and Answers
According to Section 188(1), what is the defining characteristic of an 'insider'?
According to Section 188(1), what is the defining characteristic of an 'insider'?
Section 188(2) prohibits insiders from buying or selling securities based on their non-public information, regardless of whether they act as a principal or an agent.
Section 188(2) prohibits insiders from buying or selling securities based on their non-public information, regardless of whether they act as a principal or an agent.
True (A)
What is the maximum term of imprisonment for someone convicted of violating Section 188(2) or (3)?
What is the maximum term of imprisonment for someone convicted of violating Section 188(2) or (3)?
Ten years
Section 188(3) prohibits insiders from communicating non-public information to another person if the insider knows or ought to know that the other person would likely ______ securities based on the information.
Section 188(3) prohibits insiders from communicating non-public information to another person if the insider knows or ought to know that the other person would likely ______ securities based on the information.
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Match the following actions with their corresponding penalty levels according to the provided content.
Match the following actions with their corresponding penalty levels according to the provided content.
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Which of the following activities is NOT considered a type of stock market manipulation?
Which of the following activities is NOT considered a type of stock market manipulation?
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Stock market manipulation is illegal in Malaysia.
Stock market manipulation is illegal in Malaysia.
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Explain how 'painting the tape' creates the illusion of heavy trading activity.
Explain how 'painting the tape' creates the illusion of heavy trading activity.
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A ___________ involves a group of investors agreeing to manipulate stock prices by buying or selling in bulk.
A ___________ involves a group of investors agreeing to manipulate stock prices by buying or selling in bulk.
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Match the stock market manipulation technique with its description.
Match the stock market manipulation technique with its description.
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What is the primary goal of 'stock bashing'?
What is the primary goal of 'stock bashing'?
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Churning is a practice where investors buy and sell securities to generate commissions for themselves.
Churning is a practice where investors buy and sell securities to generate commissions for themselves.
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What is a 'bear raid', and what is the intention of the attackers?
What is a 'bear raid', and what is the intention of the attackers?
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According to Section 178(1), which of the following actions are considered illegal when inducing someone to deal in securities?
According to Section 178(1), which of the following actions are considered illegal when inducing someone to deal in securities?
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Section 182 prescribes a penalty of ten years imprisonment and a fine of at least one million ringgit for any violation of sections 175, 176, 177, 178, 179, or 181.
Section 182 prescribes a penalty of ten years imprisonment and a fine of at least one million ringgit for any violation of sections 175, 176, 177, 178, 179, or 181.
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What is the legal term for the act of inducing someone to deal in securities through fraudulent means as outlined in Section 178?
What is the legal term for the act of inducing someone to deal in securities through fraudulent means as outlined in Section 178?
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In the context of insider trading, the term "information" encompasses matters relating to the ______________ of a corporation.
In the context of insider trading, the term "information" encompasses matters relating to the ______________ of a corporation.
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Match the following sections with their corresponding topics:
Match the following sections with their corresponding topics:
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According to Section 183, which of these can be considered 'information' for the purpose of insider trading?
According to Section 183, which of these can be considered 'information' for the purpose of insider trading?
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Officers of a company are prohibited from making misleading statements about their company prospectus under Section 178.
Officers of a company are prohibited from making misleading statements about their company prospectus under Section 178.
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What is the minimum fine imposed for a violation of any of the sections mentioned in Section 182?
What is the minimum fine imposed for a violation of any of the sections mentioned in Section 182?
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Which of the following is NOT a potential action for a breach of section 354(1)(a) of the Capital Markets and Services Act 2007?
Which of the following is NOT a potential action for a breach of section 354(1)(a) of the Capital Markets and Services Act 2007?
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A criminal prosecution for insider trading can result in imprisonment and fines.
A criminal prosecution for insider trading can result in imprisonment and fines.
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What are the two main types of actions that can be taken against individuals involved in false trading and market rigging transactions?
What are the two main types of actions that can be taken against individuals involved in false trading and market rigging transactions?
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A person who submits misleading information to the SC in connection with a proposal can face a ______ or a criminal prosecution.
A person who submits misleading information to the SC in connection with a proposal can face a ______ or a criminal prosecution.
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Match the following actions with their corresponding potential penalties:
Match the following actions with their corresponding potential penalties:
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Under which rule are offenses dealing with securities classified into major and minor offenses?
Under which rule are offenses dealing with securities classified into major and minor offenses?
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Bursa Malaysia has a zero-tolerance policy towards any activity that potentially undermines the integrity of the market.
Bursa Malaysia has a zero-tolerance policy towards any activity that potentially undermines the integrity of the market.
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What is the maximum fine that an offender can be subjected to for a continuing offense, as stated in Section 372(2)?
What is the maximum fine that an offender can be subjected to for a continuing offense, as stated in Section 372(2)?
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Which of the following actions, if taken with intent to deceive, would be considered a breach under Section 354(1)?
Which of the following actions, if taken with intent to deceive, would be considered a breach under Section 354(1)?
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Bursa Malaysia believes that the market should reflect genuine ______ and ______.
Bursa Malaysia believes that the market should reflect genuine ______ and ______.
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Match the following major offenses under Rule 510.2 with their descriptions:
Match the following major offenses under Rule 510.2 with their descriptions:
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A person who suffers loss due to another person's violation of Part VI of the Act can sue that person for damages, regardless of whether the violator was charged with an offense.
A person who suffers loss due to another person's violation of Part VI of the Act can sue that person for damages, regardless of whether the violator was charged with an offense.
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What is the maximum fine a person can face for contravening any requirement or provision of the Act, where no specific penalty is stipulated?
What is the maximum fine a person can face for contravening any requirement or provision of the Act, where no specific penalty is stipulated?
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The Commission may apply to the court for orders to remedy or mitigate the effect of a contravention, including making ______ to any aggrieved person.
The Commission may apply to the court for orders to remedy or mitigate the effect of a contravention, including making ______ to any aggrieved person.
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Match the following sections of the Act with their corresponding content:
Match the following sections of the Act with their corresponding content:
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Flashcards
Fraudulent Inducing
Fraudulent Inducing
Encouraging others to deal in securities through misleading actions.
Section 178(1) Actions
Section 178(1) Actions
Four actions that constitute fraudulent inducing: misleading statements, concealment of facts, reckless publishing, and false information storage.
Section 178(2) Defence
Section 178(2) Defence
A defense in prosecution for storing misleading information if there were no reasonable grounds for expecting availability.
Penalty for Offence
Penalty for Offence
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Insider Trading
Insider Trading
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Scope of Information (Section 183)
Scope of Information (Section 183)
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Material Facts
Material Facts
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Disallowed Information
Disallowed Information
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Reprimands
Reprimands
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Securities Fraud
Securities Fraud
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Restitution
Restitution
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Money Laundering
Money Laundering
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Insider
Insider
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Material effect
Material effect
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Penalty for insider trading
Penalty for insider trading
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Communication restriction
Communication restriction
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Subsection (1) information
Subsection (1) information
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Acquisition or disposal
Acquisition or disposal
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Reasonable person standard
Reasonable person standard
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Stock Market Manipulation
Stock Market Manipulation
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Pools
Pools
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Churning
Churning
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Stock Bashing
Stock Bashing
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Painting the Tape
Painting the Tape
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Bear Raid
Bear Raid
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Wash Sale
Wash Sale
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Corner
Corner
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Breach of Securities Laws
Breach of Securities Laws
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Civil Liability under Section 357
Civil Liability under Section 357
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Commission's Powers
Commission's Powers
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Court Orders under Section 360
Court Orders under Section 360
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General Penalty under Section 372
General Penalty under Section 372
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Relevant Requirement
Relevant Requirement
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False Statement
False Statement
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Remedy for Contravention
Remedy for Contravention
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Continuing Offence
Continuing Offence
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Penalty for Continuing Offence
Penalty for Continuing Offence
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Bursa Malaysia's Market Integrity
Bursa Malaysia's Market Integrity
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Zero-Tolerance Policy
Zero-Tolerance Policy
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Major Offences Classification
Major Offences Classification
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False Trading Reports
False Trading Reports
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Price Manipulation
Price Manipulation
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Client Order Execution Rule
Client Order Execution Rule
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Study Notes
Chapter 5: Compliance and Ethics in Securities
- This chapter focuses on compliance and ethics in the Malaysian securities industry.
- Learning objectives include discussing compliance and ethics, differentiating offenses under the CMSA 2007, explaining offenses under Bursa securities rules, and applying penalties for market misconduct.
Content
-
Offenses under CMSA 2007:
- Short selling
- False trading and market rigging transactions
- Stock market manipulations
- False or misleading statements
- Fraudulently inducing persons to deal in securities
- Insider trading
-
Offenses under Bursa Securities rules
- Penalties for market misconduct
- Action taken for market misconduct
Introduction
- Market misconduct or security offenses are serious white-collar crimes where individuals or companies misrepresent information to investors to make decisions.
- White-collar crime is a non-violent crime motivated by financial gain.
CMSA 2007
- Part III, Subdivision 2 - Securities Markets:
- Short selling (Section 98)
- Part V - Market Misconduct and Other Prohibited Conduct:
- False trading and market rigging transactions (Section 175)
- Stock market manipulations (Section 176)
- False or misleading statements (Section 177)
- Fraudulently inducing persons to deal in securities (Section 178)
- Insider Trading (Section 188)
Short Selling (Section 98)
- A person cannot sell securities unless they or their principal have a right to transfer the securities to the buyer.
- Penalty (Section 98(2)): A fine of up to 5 million ringgit or imprisonment for up to 10 years, or both.
False Trading and Market Rigging Transactions (Section 175)
- No person can create a false or misleading appearance of active trading in securities on a Malaysian stock market.
- This includes creating or causing a false impression of market volume or prices.
- Further detail in Section 175(2) and (3).
Stock Market Manipulation (Section 176)
- No person can manipulate stock prices, for example, by artificially raising, lowering, or stabilizing them.
- The aim is often to induce others to buy and sell securities.
False or Misleading Statements (Section 177)
- Individuals cannot make or disseminate false or misleading statements about securities likely to induce others to buy or sell.
- This includes cases where the speaker doesn't care about the truth or knows the information is false.
Fraudulent Inducing of Persons to Deal in Securities (Section 178)
- Prohibits inducing others to trade or attempting to induce this by misleading statements, concealing facts, or disseminating false information.
Insider Trading (Section 188)
- Defines "insider" and prohibits insider trading by an insider who possesses material non-public information about a company’s securities which a reasonable person would believe affects the price.
Insider Trading Examples
- A CEO sells company stock after learning of a bad contract for the company.
- An employee buys company stock after learning of a high-profit opportunity.
- Details regarding the process, penalties, and communication limitations are provided in Section 188.
Penalties for Offences under Subdivision 1, CMSA 2007
- Penalties include fines and imprisonment
Enforcement by SC (Securities Commission)
- Discusses different enforcement actions by the Securities Commission.
Powers of Commission to Take Action (Section 354)
- Explains the powers of the Commission to take action against those violating securities laws.
Civil Liability (Section 357)
- A person who suffers loss due to someone violating securities laws can pursue civil action to recover losses.
Power of the Court to Make Certain Orders (Section 360)
- Provides measures the court can take to prevent further violations.
General Penalty (Section 372)
- Outlines general penalties for violating securities requirements.
- Different penalties for continuing and single offences
Bursa Malaysia
- The roles and regulations for maintaining a fair and orderly market.
Rule 510.1
- All individuals trading on the exchange are forbidden from committing the listed offenses.
Rule 510.2 Major Offences
- Explains various major offenses in detail. Example include those of fraudulent activities and price manipulation.
Rule 510.3 Minor Offences
- Discusses offences that are not major violations but could still harm market integrity.
- An example is the circulation of rumors that undermine the credibility of a contract.
Rule 508: Action Against Participants
- Includes possible corrective measures for participant misconduct.
- Actions range from reprimands to the suspension of trading privileges.
Rule 508 Disciplinary Action
- Discusses penalties for detrimental participant conduct.
Tutorial
- Lists various terms of penalty relating to Malaysia's capital market.
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Description
Test your knowledge on insider trading laws and stock market manipulation practices. This quiz covers the key elements of Section 188, including definitions, penalties, and examples of illegal activities in the Malaysian stock market. Challenge yourself to distinguish between legitimate trading and manipulation tactics.