Bennfentes kereskedelem
The crucial requirement of the functioning of the fair market is the fact that the economic actors can decide upon equal information. It is very important on the capital market as well because the not published information of a company or of an economic event can truly influence the market and can s...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Kar
Szeged
2012
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
74 |
| Kulcsszavak: | Büntetőjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/29285 |
| Tartalmi kivonat: | The crucial requirement of the functioning of the fair market is the fact that the economic actors can decide upon equal information. It is very important on the capital market as well because the not published information of a company or of an economic event can truly influence the market and can secure significant advantage for the user of that information. Therefore the Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation obliges the Member States to sanction every form of insider trading. According to Art. 200 Section 2 of the Hungarian Civil Code (Ptk.) the contract is invalid if insider information was used to the contract. The ultima ratio against the unlawful act is the establishing of criminal responsibility for insider trading. The paper focuses on the analyses of Art. 299/A.§ of Hungarian Crimnal Code (Btk.) which contains the offence of insider trading. The elements of the offence has specific contents regulated by other laws outside of the Btk. Concerning this ruling the paper presents the relevant prescription of Act 120 from year 2001 (on the financial market) and of Act 128 from year 2007 (on the capital investment and the stock/produce exchange) because they influence the scope of the criminal responsibility for insider trading. |
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| Terjedelem/Fizikai jellemzők: | 499-509 |
| ISSN: | 0324-6523 |