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Securities Industry Act - The Bahamas Laws On-Line - The ...

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SECURITIES INDUSTRY [CH.363 – 53<br />

80. (1) Any person who commits an offence under<br />

section 69, 70, 71, 72 or 73 is liable —<br />

(a) on summary conviction to a fine of seventy-five<br />

thousand dollars, or to imprisonment for one<br />

year, or to both;<br />

(b) on conviction upon information to a fine of one<br />

hundred and fifty thousand dollars, or to<br />

imprisonment for two years or to both,<br />

and shall return any gains made from contravention of the<br />

sections, and if the court so directs, a penalty not to exceed<br />

twice the amount of such gains.<br />

(2) A person being an insider who, in connection<br />

with any transaction in a security of an issuer or any of its<br />

affiliates, makes use of any material confidential information<br />

for his own benefit or advantage is guilty of an offence<br />

and shall be liable on conviction on information to a fine<br />

of one hundred and fifty thousand dollars or to imprisonment<br />

for two years or to both, and if the court so directs, a<br />

penalty not to exceed twice the amount of the unlawful<br />

gains made by such insider:<br />

Provided that no information may be brought against<br />

a person if the transaction took place more than two years<br />

after he has ceased to be associated with the issuer or more<br />

than two years after the discovery of the facts which gave<br />

rise to the offence whichever is the later.<br />

PART IX<br />

INTEREST IN SECURITIES OF PUBLIC<br />

COMPANIES<br />

81. (1) Any person, group or entity upon becoming<br />

a direct or indirect substantial shareholder of a public<br />

company, shall within five days file with the Commission<br />

and with such company, on a prescribed form, a statement<br />

setting forth the identity and background of such person,<br />

group or entity, the number of securities owned, the source<br />

of its acquisition funds, its intentions with respect to the<br />

company, and any other relevant information.<br />

(2) Any person, group or entity classified as an<br />

“insider” of a public company pursuant to subsection (1)<br />

of section 74 shall, within five days of the occurrence of<br />

any event resulting in any change of his or its interest in<br />

such company file with the Commission and with such<br />

Offences under<br />

Part VIII.<br />

Notification of<br />

acquisition and<br />

change of<br />

interest.<br />

[Original Service 2001]<br />

STATUTE LAW OF THE BAHAMAS

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