What Is Material Nonpublic Information?
Material nonpublic information is data relating to a company that has not been made public but could have an impact on its share price. It is against the law for holders of nonpublic material information to use the information to t♐heir advantage in trading stocks. It is also illegal to share this information with others who use it to profit i⛄n the market.
Key Takeaways
- Material nonpublic information refers to corporate news or information that has not yet been made public and which could also have an impact on its share price.
- It is illegal to use this kind of information for one's advantage in trading stocks or other securities.
- Legally, it does not matter how material nonpublic information is obtained, or whether the person who acts on it is employed by the company or not.
- Insider trading is illegal when it involves the use of nonpublic material information.
Understanding Material Nonpublic Information
It does not matter how the material nonpublic information was received or if the person is employed by the company. For example, suppose someone learns about nonpublic material information from a family member and shares it with a friend. If the friend uses this 澳洲幸运5开奖号码历史查询:insider information to profit in the stock market, then all three of the people involved could🦋 be prosecute🌼d.
Important
The best way to stay out of legal trouble is to avoid shar♛ing material nonpublic information.
Learning before the public that a company's expected earnings per share (EPS) for a gꦿiven quarter could be markedly weaker than expected would be material nonpublic information. Getting information about developments in an ongoing lawsuit involving a company is another example.
澳洲幸运5开奖号码历史查询:Materiality is also an essential part of the definition of material nonpublic information. The nonpublic information must ♛be significant enough to change the price of a company's stock. If a checkout clerk working for a large company learns that their hours are going to be reduced next month, that is nonpublic information; however, it is not material because it will not move the stock price.
Mꦍaterial Nonpublic In🍒formation vs. Insider Trading
Contrary to popular misconceptions, not all 澳洲幸运5开奖号码历史查询:insider trading is illegal. Insiders are legally permitted to buy and sell shares of their company's stock, provided the transactions are registered and filed with the 澳洲幸运5开奖号码历史查询:Securities and Exchange Commission (SEC).
The illegal type of insider trading takes place when material nonpublic information is used to obtain an unfair advantage. For example, say a director of marketing at an automotive company overhears a meeting between the 澳洲幸运5开奖号码历史查询:chief executive offer (CEO) and the 澳洲幸运5开奖号码历史查询:chief financial officer (CFO). Three days before the company releases its earnings, the CFO tells the C🐽EO that the company did not meet its expected revenꦍue forecasts and lost money over the past quarter.
The director with the nonpublic information knows that a cousin owns several shares in the company and advises this cousin to sell them right away. That is an example of material nonpublic i🌱nformation because the most recent financial results have not yet been released to the public.
Imagine that the cousin mentioned above then sells shares the next day before the earnings numbers are released. Taking action on this insider information could be considered illegal insider tradꦅing since it creates an unfair advantage 🌟over other investors.
If, on the other hand, the cousin waits to sell shares until after the numbers are re꧑leased to the public, the trade is more likely to be ꦗlegal. At that point, the data would be publicly available information instead of nonpublic material information.
Types of Material Nonpublic Information
There are many types of corporate information that can be considered nonpublic material information. Sometimes, this information comes from within the company affected. Alternatively, it can come from regulatory agencies, lawmakers, 澳洲幸运5开奖号码历史查询:credit agencies, or financial institutions.
Other examples of material nonpublic information include critical financial filings such as earnings reports. Upcoming corporate actions that can move the price of a stock are often considered as nonpublic material information, too. Examples include prior knowledge of 澳洲幸运5开奖号码历史查询:initial public offerings (IPOs), acquisitions, stock buybacks, or splits.
The outcomes of pending legal proceedings can also be considered material nonpublic information. Such outcomes include decisions in lawsuits and rulings by agencies like 澳洲幸运5开奖号码历史查询:the Food and Drug Administration (FDA) and the National Highway Traffic Safety Admi🐈nistration.
What Is Nonpublic Personal Information?
Nonpublic information typically rel𓆉ates to the personal information of an individual that is not and should not be available to the public. This includes Social Security Numbers, bank information, other personal identifiable financial informat🐭ion, and certain transactions with financial institutions.
Is Insider Trading Illegal?
Insider trading is illegal when it is done by using material nonpublic information. Having information that is not public and making investing decisions off of that, particularly if those decisions can impact the financial well-being of an entity, is considered🤡 illegal and is a civil and criminal offense that is punishable with prison time and fines.
When Can Material Nonpublic Information Be Disclosed?
Material nonpublic information can be disclosed at the discretion of a company in compliance with the law. When a company discloses material public information on a large scale, it is widely disseminated and can be used by all individuals, creating a fair playing field for investors.