ebrahim abdipour; Mohammad Sadeqi; Fereshteh Ghanbari
Abstract
Market manipulation is a deliberate attempt to interfere with the free and fair operation of the capital market and to create artificial, false or misleading appearances with respect to the price or market of security. Manipulation is an example of market abuse in which financial market investors have ...
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Market manipulation is a deliberate attempt to interfere with the free and fair operation of the capital market and to create artificial, false or misleading appearances with respect to the price or market of security. Manipulation is an example of market abuse in which financial market investors have been unreasonably disadvantaged, directly or indirectly, by others who have disseminated false or misleading information and have distorted the price-setting mechanism of financial instruments.
In deferent legal systems, manipulation is illegal and prohibited in most cases. One of its legal sanction is criminal sanction. But legal process about its civil sanction is not completed and somewhat not clear. The topic of this article is the legal status of transactions based on manipulation and remedies that the lost parties can resort to.
Theoretical framework
The main feature of financial markets is that the right information is complete and it is directly converted to price. This price determines the balance between supply and demand in the market, while manipulation disarranges this equilibrium. In fact, the main element of manipulation is the alteration of stock prices through disturbances in the normal functioning of the market. Consequently, market manipulation reduces the efficiency of a financial market, and many legal systems for protecting the health and competitiveness of the capital market and its activists can rely on the fair pricing method in securities market which have prohibited the price manipulation.
Methodology
The method for collecting the information is a library method. We studied statutes, regulations, cases as well as articles and books about this topic. In this comparative study, the method of thinking is the descriptive-analytical method.
Results & Discussion
In most legal systems, there is no clear concept of market manipulation. However, manipulation requires a special attention to influencing the price of securities, and this must be done with a deceptive method. There are deferent approaches about legal status of transactions based on the manipulation and the remedies available for lost person. It seems that the theory of invalidation of transactions based on manipulation is not defendable and the use of mechanism and adopting the approaches that guarantees the rights of investors is preferred. Therefore, to review the proceedings of the arbitral board of SEO (Securities & Exchange Organization) is necessary to achieving a fair legal procedure. It must be noted that just considering of criminal aspect of manipulation is disregarding the principles governing the capital market.
Conclusions & Suggestions
Market manipulation is an undesirable phenomenon that undermines the security of investment in the stock exchange. However, the most important sanction in dealing with this phenomenon is the criminal sanction, which is also foreseen in the Iranian Securities Market Act. In fact, the reality is that criminal prosecution is an inadequate, ineffective and socially costly way to solve the complex problems of capital market and remedies in civil law, and the mechanisms that the legislator has provided to stockholders can be much more effective, efficient, and less costly.
Mahmood Bagheri; Mohammad Sadeghi
Abstract
Hisba is a regulatory regime in Islamic law which could be a base for Islamic economic regulation but has been neglected for centuries. The protection of integrity of the market and competition is a prominent economic and legal objective in modern economies. However, the focus in the Islamic law has ...
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Hisba is a regulatory regime in Islamic law which could be a base for Islamic economic regulation but has been neglected for centuries. The protection of integrity of the market and competition is a prominent economic and legal objective in modern economies. However, the focus in the Islamic law has been on the bipolar relations among the individuals in the form of law of contract or law of tort. As such there has been little attention towards Hisba which is a nongovernmental public institution for regulation of market. The current paper is seeking to elaborate the role of this institutions in terms of maintaining competition in the market on the basis of Islamic law. This paper shall partly introduce the Hisba and its potentials as a regulatory institutions for regulating market in general and shall then examine the use of this institution to build up a legal regime based on Islamic law and principles for regulation both contestable markets (competition law) and regulating non contestable markets (sector regulation) in the Islamic countries.
