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Insider Trading Act, 1998 (Act No. 135 of 1998)

3. Publication

 

 

1) For the purposes of this Act, information shall be regarded as having been made public in circumstances which include but are not limited to those when--
a) it is published in accordance with the rules of the relevant regulated market for the purpose of informing investors and their professional advisers; or
b) it is contained in records maintained by the relevant statutory regulator which by virtue of any enactment are open to inspection by the public; or
c) it can be readily acquired by those likely to deal in any securities or financial instruments--
i) to which the information relates; or
ii) of an issuer to which the information relates; or
d) it is derived from information which has been made public.

 

2) Inside information may be regarded as having been made public even though-
a) it can be acquired only by persons exercising diligence, or expertise or by observation;
b) it is communicated to a section of the public and not to the public at large;
c) it is communicated only on payment of a fee; or
d) it is only published outside the Republic.