2003SSRN Electronic JournalOpen access

Part VIII Financial Services and Markets Act: Filling Insider Dealing’s Regulatory Gaps

Michael Filby

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Abstract

Discusses the gaps in the regulation of insider dealing left by the criminal law and self-regulatory organisations and mechanisms. Examines the criminal or civil status of the market abuse regime under the Financial Services and Markets Act 2000 Part VIII, focusing on its classification for the purposes of the European Convention on Human Rights Act 1950 and the domestic legal system, and the standard of proof required. Explores, by way of visual representation, the coverage of insider dealing regulations, the regulatory gaps that exist and whether they are filled by the market abuse regime, considering the seriousness of insider dealing, the severity of sanction and the standard of proof.

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What this paper is about

Discusses the gaps in the regulation of insider dealing left by the criminal law and self-regulatory organisations and mechanisms. Examines the criminal or civil status of the market abuse regime under the Financial Services and Markets Act 2000 Part VIII, focusing on its classification for the purposes of the European Convention on Human Rights Act 1950 and the domestic legal system, and the standard of proof required. Explores, by way of visual representation, the coverage of insider dealing regulations, the regulatory gaps that exist and whether they are filled by the market abuse regime, considering the seriousness of insider dealing, the severity of sanction and the standard of proof.

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Available abstract

Discusses the gaps in the regulation of insider dealing left by the criminal law and self-regulatory organisations and mechanisms. Examines the criminal or civil status of the market abuse regime under the Financial Services and Markets Act 2000 Part VIII, focusing on its classification for the purposes of the European Convention on Human Rights Act 1950 and the domestic legal system, and the standard of proof required. Explores, by way of visual representation, the coverage of insider dealing regulations, the regulatory gaps that exist and whether they are filled by the market abuse regime, considering the seriousness of insider dealing, the severity of sanction and the standard of proof.

Key concepts: Seriousness, Insider trading, Insider, Business, Financial market, Burden of proof, Enforcement, Convention

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