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Stand:updated on 15.05.2019 | Topic Market manipulation, Insider monitoring Market abuse

Market abuse

In­sid­er surveil­lance

Using inside information is prohibited and deemed a criminal offence. In order to detect insider trading, BaFin analyses data on all securities transactions that banks, for instance, have to report. It also analyses ad hoc notifications and follows up on information from third parties.

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Mar­ket ma­nip­u­la­tion

Market abuse harms the integrity of financial markets and public confidence in their functioning. Market manipulation is a form of market abuse. In order to protect the financial markets, market manipulation is therefore prohibited. It is one of BaFin's main functions to detect and investigate cases of market manipulation.

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In­vest­ment and in­vest­ment strat­e­gy rec­om­men­da­tions

Investment decisions are frequently based on investment and investment strategy recommendations. High standards are required in this area in order to uphold investor confidence. These standards concern the objectivity, care and identity of those preparing and disseminating investment and investment strategy recommendations.

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Publications on this topic

In­vest­ment rec­om­men­da­tions for shares in What­sApp groups – BaFin urges cau­tion

According to information available to the Federal Financial Supervisory Authority (BaFin), shares are currently being recommended for purchase in WhatsApp groups. Specifically, this includes shares in Canaan Inc. (ISIN: US1347481020).

BaFin may in­form the pub­lic based on in­di­ca­tions of pos­si­ble mar­ket ma­nip­u­la­tion

The courts confirm: if Germany’s financial supervisor has indications of possible market manipulation, it may inform the public about this and need not wait until proof of market manipulation has been established.

Mar­ket ma­nip­u­la­tion: Short at­tacks – how in­vestors and is­suers are tar­get­ed by ma­nip­u­la­tors

In recent months, a phenomenon described by the media as "short attacks" has repeatedly occurred. It refers to natural or legal persons entering into short positions in an issuer's shares, for example, before then spreading negative reports on the issuer. In many cases, such reports lead to great insecurity among investors. Shares of the affected issuers sometimes suffered price slumps of more …

Whistle­blow­ers: Cen­tral point for dis­clo­sures about vi­o­la­tions of su­per­vi­so­ry law es­tab­lished

As announced in the June edition of the BaFinJournal, BaFin opened its contact point for whistleblowers on 2 July. So-called whistleblowers – persons with a special knowledge of a company's internal affairs, for example because they are employed there or have some other contractual relationship or relationship of trust with the company – can use it to inform BaFin about actual or suspected …

Attachments

Ad hoc dis­clo­sure: Changes re­sult­ing due to the new Mar­ket Abuse Reg­u­la­tion

Since early July, a new legal regime has applied for issuers of financial instruments: the ad hoc disclosure obligation previously stipulated in section 15 of the German Securities Trading Act (WertpapierhandelsgesetzWpHG) is now regulated by Article 17 of the directly applicable European Market Abuse Regulation – MAR. This overview summarises the new rules.

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