Securities Services Act, 2004 (Act No. 36 of 2004)Chapter VIII : Market AbuseOffences74. Publication |
(1) | For the purposes of the definition of "inside information", information is regarded as having been made public in circumstances which include, but are not limited to, the following: |
(a) | When the information is published in accordance with the rules of the relevant regulated market for the purpose of informing clients and their professional advisers; |
(b) | when the information is contained in records which by virtue of any enactment are open to inspection by the public; or |
(c) | when the information can be readily acquired by those likely to deal in any listed securities — |
(i) | to which the information relates; or |
(ii) | of an issuer to which the information relates; or |
(d) | when the information is derived from information which has been made public. |
(2) | Inside information which would otherwise be regarded as having been made public must still be so regarded even though— |
(a) | it can be acquired only by persons exercising diligence or observation, or having expertise; |
(b) | it is communicated only on payment of a fee; |
(c) | or it is only published outside the Republic. |