An Insight into Insider Trading Reflection of Emerging Issues

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2013-06-10

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National Law School Of India University

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ABSTRACT This research paper is an attempt to ~nderstand the concept of insider trading and bring out the issues related to insider trading. The paper will first discuss the concept and terms of insider trading and then the basis of the idea behind prohibiting insider trading. Then the research will proceed with +f;k:;- c-­ the discussion of the provisions of insider trading regulations in India, US, and UK and comparison among them. This paper analyses the mens rea factor in deciding the liability for insider trading. It will also discuss the insider trading cases from the economic perspective. Furthermore, it will also discuss the role of corporate governance in insider trading cases. The paper will analyse the problem of locus standi, i.e. who is the real claimant in insider trading cases and the difference between claimant and complainant in such cases.

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