FIEA-Insider-166 legal criminal_liability ai_generated true

AI告诉一位在日本的国外投资者,只要不通过日本经纪商交易,他们可以在收到非公开盈利数据后购买公司股票

AI tells a foreign investor in Japan that they can buy shares of a company after receiving non-public earnings data, as long as they don't trade through a Japanese broker

ID: legal/japan-insider-trading-reporting

其他格式: JSON · Markdown 中文 · English
80%修复率
86%置信度
1证据数
2024-01-15首次发现

版本兼容性

版本状态引入弃用备注
Financial Instruments and Exchange Act (FIEA) Article 166 active
Cabinet Office Ordinance on Insider Trading 2023 active

根因分析

日本《金融商品交易法》禁止任何掌握重大非公开信息的人进行内幕交易,无论交易在哪里执行或通过哪个经纪商;处罚包括最高10年监禁和最高1000万日元罚款。

English

Japan's Financial Instruments and Exchange Act (FIEA) prohibits insider trading by any person who possesses material non-public information, regardless of where the trade is executed or through which broker; penalties include up to 10 years imprisonment and fines up to 10 million yen.

generic

官方文档

https://www.fsa.go.jp/en/laws/

解决方案

  1. Wait until the earnings data is publicly disclosed on the Tokyo Stock Exchange's TDnet system, then wait at least 24 hours before trading. Example: check tse.or.jp for official disclosure timestamps.
  2. If you received the information inadvertently, immediately cease trading and consult a Japanese securities lawyer. File a report with the company's compliance officer.
  3. Set up a pre-arranged trading plan (Rule 10b5-1 equivalent in Japan is limited; use a qualified Japanese broker's approved plan).

无效尝试

常见但无效的做法:

  1. 80% 失败

    Assuming that using an offshore broker avoids Japanese jurisdiction; FIEA has extraterritorial reach for trades affecting Japanese markets.

  2. 65% 失败

    Thinking that if the information is not 'material' in the investor's view, it's safe; materiality is defined by the company's disclosure standards.

  3. 70% 失败

    Believing that trading after the information is published in English but not Japanese is allowed; information must be publicly disclosed in Japan via TDnet or similar.