INVESTMENTS AND SECURITIES ACT
Section 112: Abuse of information obtained in official capacity.
(1) This section applies to any information which:
(a) is held by a public officer or former public officer by virtue of his position or former position as a public officer, or is knowingly obtained by a person (directly or indirectly) from a public officer or former public officer who he knows or has reasonable cause to believe held the information by virtue of any such position;
(b) it is reasonable to expect a person in the position of a public officer or former position of a public officer not to disclose except for the proper performance of the functions attaching to that position; and
(c) the person holding it knows it is unpublished price sensitive information in relation to securities of a particular company (hereinafter referred to as "relevant securities").
(2) This section applies to a public officer holding information to which this section applies and to a person who knowingly obtained any such information (directly or indirectly) from a public officer or former public officer who that person knows or has reasonable cause to believe held the information by virtue of his position or former position as a public officer.
(3) Subject to section 113 of this Act a person to whom this section applies shall not:
(a) deal in any relevant securities;
(b) counsel or procure any other person to deal in any such securities, knowingly or having reasonable cause to believe that other person, would deal in those securities; or
(c) communicate to any other person the information held or (as the case may be) obtained as mentioned in subsection (2) of this section if he knows or has reasonable cause to believe that he or some other person shall make use of the information for the purpose of dealing or of counselling or procuring any other person to deal on a securities exchange or capital trade point in any such securities.
(4) If it appears to the Commission that the members, officers or employees of or persons otherwise connected with any body by appearing to it to exercise public functions may have access to unpublished price sensitive information relating to securities, the Commission may declare that those persons are public officers for the purposes of this section.
Cite this section
Section 112, INVESTMENTS AND SECURITIES ACT (2007).
https://repo.podus.ai/laws/investments-and-securities-act/section/112/