1. BİLGİ SUİSTİMALİ YASAĞININ MUHATABI.
- Author
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ERGÜN, OKUYUCU
- Subjects
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CAPITAL market , *FINANCIAL markets , *JOB performance , *MARKET value , *MARKETING laws , *SECURITIES trading - Abstract
Information is the most critical factor affecting the market value of securities, and constitutes the basis of the capital market activities. Making right decisions in conducting such activities depends on the realisation of the public disclosure and transparency principles as well as the equal access to information. One of the reasons which prevent the functioning of the capital markets based on trust, honesty, transparency and equality, and cause unfair benefits for investors is the crime of information abuse. The crime of information abuse is regulated in Article 106 of the Capital Market Law. Information abuse is a term of art that refers to unlawful trading in securities by a person who possesses non-publicly available information about a company whose shares are traded or the market, which may affect the value of securities. The subject of the information abuse prohibition can be analysed under four categories, namely a) the managers of the issuers and their controlling parents and subsidiaries as well as the persons who possess information due to their shareholding in such companies; b) persons who possess information due to the performance of a job, profession or duty; c) persons who acquire information by committing a crime; d) persons who know (or must know, if proven) that the information in their possession is in the nature described in the relevant provision. The Capital Market Law's regulation on this matter, which is generally in line with the EU acquis, extended the categories of persons who can commit the crime of information abuse. [ABSTRACT FROM AUTHOR]
- Published
- 2021