Violations of Securities Laws - Assignment Example

Violations of Securities Laws Under Rule 10b-5 of the Securities Exchange Act that was implemented in 1934 makes it illegal for any person to make false statements of material fact or omit material facts that necessary in order to make the statement made, in light of the events under which they were made, not misleading or deceitful in connection to any purchase of any security (Wang32) . As a trader, the benefits of Rule 10b -5 inlcude, an affirmative defense to insider trading allegations for traders pursuant to the plan, potentially less negative publicity that is correlated with insider sales, potentially more opportunities for insiders to sell their shares, decreased burden on counsel or trading compliance officers who would have make subjective determinations on the availability of non- public information (Johnson 56).

The ramification of those who violate this rule are judicially constructed. In addition, the Congress passed the PSLARA that would encourage the voluntary disclosure of information by corporate issues, empower the investors so that they may exercise primary control over their private securities litigation and encourage plaintiff to pursue valid claims and fight abuse claims. Under Rule 16b of the Exchange Act , with respect to any company whose securities are registered on a NSE, enforces certain restrictions and obligations on the company’s directors and every beneficial owner of more that 10 percent of any call of equity security as those presumed to have access of inside information.

As a trader, this rule is beneficial as it helps to prevent the unfair use of information which may be gotten by the beneficial owner by reason of the relationship that is present with the issuer. The ramification for those who violate the rule allows allow a stakeholder to file a derivative suit that will help recover such profit (Federal Securities Law Reporter 66). If this is not implemented or they refuse to bring such suit within sixty days, there will be no requirement for the share holder to own any shares at the time of the insider trading.

Work CitedFederal Securities Law Reporter: Federal Regulation of Securities : Laws, Regulations, Forms, Rulings and Decisions, Currently Supplemented and Indexed. Chicago, Ill: Commerce Clearing House, 1964. Continually updated resource.Johnson, Philip M. B, Thomas L. Hazen, and Philip M. B. Johnson. Derivatives Regulation. New York: Aspen Publishers, 2004. Print.Wang, William K. S, and Marc I. Steinberg. Insider Trading. Oxford: Oxford University Press, 2010. Print.