Revised Laws of Saint Lucia (2021)

115.   Offence of insider dealing

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    (1)   A person who has information as an insider commits the offence of insider dealing if that person—

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      (a)     deals in securities that are price-affected in relation to that information;

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      (b)     encourages another person to deal in securities that are (whether or not that other person knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place; or

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      (c)     discloses the information, otherwise than in the proper performance of the functions of that individual's employment, office or profession, to another person.

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    (2)   A person who commits an offence under subsection (1) is liable on summary conviction—

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      (a)     to a fine of $500,000 or to imprisonment for 5 years or to both; and

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      (b)     the court may make an order imposing on the convicted person a penalty, payable to the Commission, of an amount not exceeding 3 times the amount of any profit gained or loss avoided by any person as a result of the insider dealing.

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    (3)   In addition to the penalty stated in subsection (2) a person who is convicted of an offence under this section is—

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      (a)     liable to compensate any person for any direct loss incurred by that person as a result of the insider dealing unless that other person was a party to the insider dealing;

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      (b)     accountable to the company for any direct benefit or advantage received or receivable as a result of the insider dealing.

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    (4)   A contract is not void or unenforceable by reason only of an offence under this section.