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  • MAM-2.7 MAM-2.7 Attribution of Knowledge within Companies

    • MAM-2.7.1

      For the purposes of this Module:

      (a) A company is taken to possess any information which an officer of the company possesses and which came into his possession in the course of the performance of duties as such an officer; and
      (b) If an officer of a company knows or ought reasonably to know any matter or thing because he is an officer of the company, it is to be presumed, until the contrary is proved, that the company knows or ought reasonably to know that matter or thing.
      November 2010

    • MAM-2.7.2

      A company does not contravene sections MAM-2.2 or MAM-2.3 by entering into a transaction or agreement at any time merely because of information in the possession of an officer of the company if:

      (a) The decision to enter into the transaction or agreement was taken on its behalf by a person other than that officer;
      (b) It had in operation at that time arrangements that could reasonably be expected to ensure that the information was not communicated to the person who made the decision and that no advice with respect to the transaction or agreement was given to that person by a person in possession of the information; and
      (c) The information was not communicated and no such advice was given.
      November 2010