How does Section 16(b) of the Securities Exchange Act of 1934 protect the interests of a corporation? Explain with an example
What will be an ideal response?
Section 16(b) of the Securities Exchange Act of 1934 requires that any profits made by a statutory insider on transactions involving short-swing profits—that is, trades involving equity securities occurring within six months of each other—belong to the corporation. The corporation may bring a legal action to recover these profits. Involuntary transactions, such as forced redemption of securities by the corporation or an exchange of securities in a bankruptcy proceeding, are exempt. Section 16(b) is a strict liability provision. Generally, no defenses are recognized. Neither intent nor the possession of inside information need be shown.
Example—Rosanne is the president of a corporation and a statutory insider who does not possess any inside information. On February 1, she purchases one thousand shares of her employer's stock at $10 per share. On June 1, she sells the stock for $14 per share. The corporation can recover the $4,000 profit because the trades occurred within six months of each other.
You might also like to view...
What two things are common means of providing for verification that those who are accessing enterprise data are authorized to do so?
A) scanning and authorization B) repudiation and digital certificates C) authorization and backup certificates D) authentication and digital certificates
Schemas are resistant to change
Indicate whether the statement is true or false