Tipper-Tippee Liability of Insider Trading
| Autor: | WANG, AN-CHIH, 王安之 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 According to the wordings of our country’s Securities and Exchange Act, whoever getting tipped and trading commits insider trading. However, the courts didn’t explain the complete tipper-tippee liability. As a result, our country’s regulation of tipper-tippee liability is relatively vague. Our country’s Securities and Exchange Act is based on U.S. Securities Act of 1933 and Securities Exchange Act of 1934. In U.S., theoretical basis of insider trading is known as fiduciary duty theory, and tipper-tippee liability is interpreted by the decision of U.S. Supreme Court case Dirks v. SEC: “1. A breach of the insider's fiduciary duty. 2. Tippee knows or has a reason to know that there has been a breach. 3. The insider obtains personal benefits.” In this paper, the problematic will be should our country use Dirks’ decision as the regulation of tippee’s liability? Whether tipper’s scienter must contain with a personal benefit? Is remote tippee has the insider trading liability as well? This paper will begin with the origin of insider trading, and then compare U.S. cases and our country’s cases, study with academic arguments afterwards. Eventually, this paper will provide a view of our country’s tipper-tippee liability. Key Words: Insider Trading, Tipper-Tippee Liability, Tipper, Tippee |
| Databáze: | Networked Digital Library of Theses & Dissertations |
| Externí odkaz: |
|