Corporate liability for insider trading : how does a company have the necessary 'mens rea'?

Research output: Contribution to journalArticlepeer-review

Abstract

Corporations are legal persons caught by Australian insider trading laws. As a criminal offence, insider trading does not occur without a fault element or 'mens rea' on the part of the alleged offender. Where the alleged offender is a corporation, how is the fault element for insider trading to be proved? The insider trading offence requires specific knowledge "” knowledge that the inside information possessed is not generally available, and knowledge that the inside information is likely to be price-sensitive. How can a corporation been shown to have such knowledge? These issues have never been explicitly tested judicially, but will be considered in detail in this article.
Original languageEnglish
Pages (from-to)266-281
Number of pages16
JournalAustralian Journal of Corporate Law
Volume24
Issue number3
Publication statusPublished - Jul 2010
Externally publishedYes

Keywords

  • insider trading
  • corporate liability
  • mens rea
  • corporations law

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