英文摘要 |
Is an insider’s knowing possession of material, nonpublic information at the time of the trade sufficient for insider trading liabilities? Or is a showing of trader’s actual use of the information in making his trading decision required? Legal commentators and court decisions are divided on this issue, with some advocating knowing possession standard, and others supporting use criterion. This article offers a comparative study of the issue, and discusses the “possession” versus “use” debate in the United States, the relevant provisions of the EU Market Abuse Regulation of 2014, the scienter element under Taiwan’s Securities Exchange Act (the “Act’) and the judicial decisions. The author concludes that knowing possession is an appropriate standard to determine insider trading liabilities under the Act. This standard best conforms to the text, the legislative history, and the purposes of the Act prohibiting insider trading. |