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