Abstract
This is the second part of a two-part article focused on corporate criminal liability for insider trading. Part I set out the nature of the insider trading offence, discussed principles concerning the criminal liability of corporations, and identified the many difficulties and inconsistencies which exist when seeking to apply elements of the insider trading offence to corporations. This article analyses the Chinese wall defence to insider trading and identifies problems in its application to corporations. It concludes with a proposal for a new model of corporate criminal liability for insider trading, aimed at addressing the various problems identified in both Parts I and II of this article, based on the need for legislative certainty and the market integrity rationale which underpins Australia's insider trading laws.
| Original language | English |
|---|---|
| Pages (from-to) | 99-110 |
| Number of pages | 12 |
| Journal | Australian Journal of Corporate Law |
| Volume | 33 |
| Issue number | 1 |
| Publication status | Published - Jan 2018 |
| Externally published | Yes |
Keywords
- insider trading
- corporations law
- corporate criminal liability
- law reform
