Fraudulently Inducing Persons to Deal in Securities
MAM-3.3.1
Without prejudice to the provisions of rule MAM-3.1.2 (e), no person shall:
(a) By making or publishing, by any means, any statement, promise or forecast that he knows or ought reasonably to have known to be misleading, false or deceptive;(b) By any dishonest concealment of material facts;(c) By the reckless making or publishing of any statement, promise or forecast that is misleading, false or deceptive; or(d) By recording or storing in, or by means of, any mechanical, electronic or other device information that he knows to be false or misleading in a material particular;induce or attempt to induce another person to deal in securities.
November 2010MAM-3.3.2
In any proceeding against a person for a contravention of rule MAM-3.3.1 constituted by recording or storing information as mentioned in rule MAM-3.3.1 (d), it is a defence if it is established that, at the time when the defendant so recorded or stored the information, he had no reasonable grounds for expecting that the information would be available to another person.
November 2010MAM-3.3.3
In any proceedings against a person for a contravention of rule MAM-3.3.1, the opinion of any registered or public accountant as to the financial position of any company at any time or during any period in respect of which he has made an audit or examination of the affairs of the company according to recognised audit practice shall be admissible, for any party to the proceedings, as evidence of the financial position of the company at any time or during that period, notwithstanding that the opinion is based in whole or in part on book-entries, documents or vouchers or on written or verbal statements by other persons.
November 2010
