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Disallowing trades based on inside information is important. It is part of the fair and orderly market concept now being adhered to by all the world s stock exchanges. If such activities were allowed or ignored by the authorities, the public securities market would lack integrity, without which they could not function. Why trade stocks or other securities if others have a distinct advantage Stock market prices are driven by anticipa1
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tion based on information. Making trades based on privileged information, ahead of the public, amounts to fraud. Individual investors need to have the same information as the professional investors in order for the public markets to be a level playing field for all.
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At times corporate employees are privy to inside information, and they want to legitimately buy and sell their company s stock. For various reasons, such information cannot be immediately released to the public. In fairness, the insiders are allowed to trade, but they must report transactions, holdings, and other information. A sense of fairness is maintained because the public is able to view and assess such transactions. SEC Insider Forms According to the Securities Exchange Act of 1934, an insider is defined as an officer or director of a public company, or an individual or entity owning 10 percent or more of any class of a company s shares. The definition in all its legal speak is given in Section 16 of the 1934 act; there are further words sparred on how more specifically to define an officer and beneficial owner in Rule 16a-1 of the Code of Federal Regulations. For all the legal definitions of titles and share owners, what the rule says is that anyone involved in the inner workings of a publicly traded company is an insider. The concern is that this person could gain an unfair advantage over the rest of the public when trading company shares. Therefore, an insider must register by making a statement of holdings (SEC Form 3) within 10 days. Changes in ownership must be filed by the tenth day of the month following the transaction (SEC Form 4). At the end of the fiscal year, an insider or former insider must file Form 5 within 45 days. Its intent is to prevent people from moving in and out of insider status. Obviously, Form 4 gives the most useful information to investors. It answers the question of what the insiders are doing, whether buying or selling, as well as their current holdings in the company. Information on insider trades, available on the Internet and through several newsletters, is usually based on this SEC form. Form 144 Stock Form 144, used by the SEC to track insider information, is for those currently holding securities that are not registered. The form is the last step,
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allowing the shares to be sold on the open market and be publicly traded. It allows the shares to be sold but ensures that the number is relatively small and that the seller isn t an underwriter bringing a new issue to market. The form tells how many shares will be sold within the following three months. If they are not sold, the form must be amended. In the real world, by the time the investor sees the Form 144 information, the shares have been sold. Many will file the 144 and Form 4 at the same time.
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Those who follow insider transactions claim that buys are usually more significant than sells. Some people also argue that corporate insiders tend to avoid making transactions because they know the public is watching. Instead, they rely on their stock option benefit to supply them with company shares. Another side to this suggests that an insider or group of insiders could influence the share price by buying stock on the open market. These considerations are some of the reasons the value of watching insider transactions is often debated. Two Situations Rise in Number of Insider Buys Some people view an increase in the number of insider buys as an additional reason to buy a stock. They believe that a sudden flurry of insider buys is a positive statement of growth potential for the company. It is important to keep in mind, however, that sometimes companies lend money to their employees to buy stock, with the intention of having the public see the buys. Such corporate strategies suggest a manipulation of public interest; therefore it is important to view the presence of insider trades in relation to other information about a company. Media Attention If the insider s trading has been significant enough to be discussed in the financial news media, it calls additional attention to the activity. The extra attention from the news appearance can affect the stock s price. However, the impact follows right on the heels of the announcement. If an investor plans to take action based on the news, he or she must do so quickly. Waiting even a day or two can be too late.
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