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Individuals Charged in Relation to Insider Trading in Singapore

The Monetary Authority of Singapore (MAS) released a press release stating that three individuals were charged for illegally communicating non-public and material information and using such information to buy shares in a company. The investigation was jointly conducted by the Monetary Authority of Singapore and the Commercial Affairs Department of the Singapore Police Force.

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Proposed Rule 10b5-1 Changes Signal Increased MNPI Scrutiny

Firms should be prepared for increased regulatory scrutiny around material nonpublic information (MNPI) and insider trading under the administration of SEC Chair Gary Gensler. In a recent speech at the CFO Network Summit, Gensler noted that 10b5-1 trading plans have led to “real cracks” in the SEC’s insider trading regime. The SEC’s Annual Agenda for 2021 includes a proposed amendment to address concerns about the use of the affirmative defense provisions of Rule 10b5-1. 

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Key Factors Shaping Market Abuse Regulations

During 2020, many factors have shaped the regulations and enforcement actions to maintain market integrity and place the interests of clients ahead of firms and individuals. In addition to the challenges faced by compliance and risk departments, the number of people trading worldwide has risen, pressuring regulators and compliance departments to quickly act to monitor conflicts of interest and prevent individuals from taking market advantage.

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FCA publishes speech on MAR

In a virtual conference, Julia Hoggart, Director of Market Oversight at the FCA discusses the challenges posed by the pandemic and highlights that at this stage firms should have overcome these challenges, improved surveillance and risk assessments. The speech is an indication as to where the FCA may focus their attention during the rest of this year and into 2021.

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ESMA Publishes MAR Review Report

On September 23rd, the European Securities and Markets Authority (ESMA) published a set of outcomes and recommendations on the Market Abuse Regulation. The report has the objective to review the functionalities of MAR since its implementation in 2016 and draft suggestions to improve the regulation. The report is based on a 2019 consultation and covers buy-back programmes, the delayed disclosure of inside information, the usefulness of insider lists, managers’ transactions, the retention period of personal data among other topics.

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