ABSTRACT
This chapter focuses on the elements of insider trading are attributed to corporations. The relevant conduct for insider trading can be described as the trading, or procuring of trading, in relevant financial products. Despite the similarity underlying the rationale for continuous disclosure rules and insider trading laws – both existing to protect and maintain market integrity – the difference in significant aspects of the statutory requirements means that the continuous disclosure obligations are of little assistance in interpreting the insider trading laws. Information which is acquired in a private capacity is necessarily excluded from the operation of s 1042G(1) (a) of the Corporations Act, because it falls outside the performance of the officer’s duties. Section 1042G(1) (b) of the Corporations Act may be used as a mechanism for determining that certain information is possessed by a corporation.
