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CHAPTER II

PROHIBITION OF FRAUDULENT AND UNFAIR TRADE PRACTICES
RELATING TO SECURITIES MARKET

Prohibition of certain dealings in securities

    3. No person shall buy, sell or otherwise deal in securities in a fraudulent manner.

Prohibition against Market Manipulation

    4. No person shall -
      (a) effect, take part in, or enter into, either directly or indirectly, transactions in securities, with the intention of artificially raising or depressing the prices of securities and thereby inducing the sale or purchase of securities by any person;

      (b) indulge in any act, which is calculated to create a false or misleading appearance of trading on the securities market;

      (c) indulge in any act which results in reflection of prices of securities based on transactions that are not genuine trade transactions;

      (d) enter into a purchase or sale of any securities, not intended to effect transfer of beneficial ownership but intended to operate only as a device to inflate, depress, or cause fluctuations in the market price of securities;

      (e) pay, offer or agree to pay or offer, directly or indirectly, to any person any money or money's worth for inducing another person to purchase or sell any security with the sole object of inflating, depressing, or causing fluctuations in the market price of securities.

Prohibition of misleading statements to induce sale or purchase of securitie

    5. (1) No person shall make any statement, or disseminate any information which -

      (a) is misleading in a material particular; and

      (b) is likely to induce the sale or purchase of securities by any other person or is likely to have the effect of increasing or depressing the market price of securities, if when he makes the statement or disseminates the information-

        (i) he does not care whether the statement or information is true or false;
        or
        (ii) he knows, or ought reasonably to have known that the statement or information is misleading in any material particular.

      Nothing in this sub-regulation shall apply to any general comments
      made in good faith in regard to -

        (a) the economic policy of the Government,

        (b) the economic situation in the country,

        (c) trends in the securities markets,
        or
        (d) any other matter of a similar nature,

      whether such comments be made in public or in private.

Prohibition on unfair trade practice relating to securities

    6. No person shall -
      (a) in the course of his business, knowingly engage in any act, or practice which would operate as a fraud upon any person in connection with the purchase or sale of, or any other dealing in, any securities;

      (b) on his own behalf or on behalf of any person, knowingly buy, sell or otherwise deal in securities, pending the execution of any order of his client relating to the same security for purchase, sale or other dealings in respect of securities.

      Nothing contained in this clause shall apply where according to the clients instruction, the transaction for the client is to be effected only under specified conditions or in specified circumstances;

      (c) intentionally and in contravention of any law for the time being in force delays the transfer of securities in the name of the transferee or the despatch of securities or connected documents to any transferee;

      (d)indulge in falsification of the books, accounts and records (whether maintained manually or in computer or in any other form);

      (e) when acting as an agent, execute a transaction with a client at a price other than the price at which the transaction was executed by him, whether on a stock exchange or otherwise, or at a price other than the price at which it was offset against the transaction of another client.

 
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