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Not legal advice. IMNAL. The test for inside information is that it is "material, non-public information used to inform the trade decision." This is supposed
by harry8 7y ago
Not legal advice. IMNAL.
The test for inside information is that it is "material, non-public information used to inform the trade decision."
This is supposed to mean that the information is not available to normal market investors (nonpublic) and if it were published, eg via stock exchange announcement, it would move the market price more than "noise" (material) so you buy (inform a trade decision).
e.g. we just closed a billion dollar deal with recurring revenue that nobody trading our securities knows about increasing our expected after tax profit by 300%. You work as a lawyer on that deal and buy short dated out of the money call options you're doing an illegal thing.
Hiring is up by 5% this year, some of them were logistics experts. From this and other pieces of small knowledge none of which are by themselves marke moving you infer things are going well and buy. This is ok. The material information was inferred not provided. This is what good investors are supposed to do.
You probably need to be pretty careful trading the stock of a company you work for. Definitely get legal advice.
- postingFourFast 7y ago> The test for inside information is that it is "material, non-public information used to inform the trade decision." Not for much longer. ITPA replaces that with the simpler, squishier and more vague "obtained wrongfully". Wrongfully is not defined. It passed the House; if the Senate votes it in it'll be law: https://fortune.com/2019/12/10/what-is-insider-trading-prohibition-act-republicans/ https://fortune.com/2019/12/10/what-is-insider-trading-prohi...
- MandieD 7y agoMy employer sends out a notice about 35 days before quarterly results are expected to be out reminding us about Germany's Capital Markets Law, advising all of us against trading shares in our company within 30 days before the earnings are published just to make sure we don't get into trouble. I'm in Germany, so insider trading rules are different from the US.