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Insider trading proceedings filed against Provenco Group cont...

  • a possible privatisation;
  • a share buy back;
  • the expectation of certain commercial opportunities; and
  • the quantum of proposed director and staff share purchases.

The Commission claims that any or all of this inside information would, or would be likely to, have affected materially the price of Provenco shares if it, or they, had been publicly available at the time of the share trading.

The Commission's actions are against:

  • Jeda, Gordon (the Waimea Trust), and Bradley (the Bradley Family Trust) for trading with inside information during February and March 2003;
  • Wolfenden and Provenco for tipping during the February/March 2003 trading; and
  • Provenco for trading and tipping during the share buy back on 2 May 2003.

In each case the Commission seeks compensation and pecuniary penalties.

The action is being taken under section 18A of the Securities Markets Act 1988.

This enables the Commission to exercise a public issuer's right of action against an insider (in accordance with section 18B) if it considers that it is in the public interest to do so.

The Commission has decided that it is in the public interest to bring this action.

Fund managers pricing inquiry

The Commission has completed its inquiry into the pricing practices of fund managers. The Commission found that neither market timing nor late trading was commonly practised in New Zealand.

"Market timing" involves trading in units based on a price that is out of date. The practice of market timing refers to a situation where short-term investors use quick trades to exploit a stale fund price.

"Late trading" involves buying and selling of units after the close of trading but using a price that was current when the market closed.

The practice of late trading refers to allowing certain preferred investors to trade after the cut-off time for accepting buy or sell instructions.

The inquiry followed concerns raised last year in the United States and subsequently in Australia, about practices that may be detrimental to investors.

The Commission intends to release a statement of its findings shortly. The statement will include preventive measures that fund managers are encouraged to employ, to reduce the risk of market abuse. The statement will be available on www.seccom.govt.nz.

Staff appointment
Alastair Boult has joined the Commission as Head of Accounting. A chartered accountant with more than 20 years'
experience in public sector auditing and reporting, Alastair was previously Audit New Zealand's Technical Director. He is a member of a number of Institute of Chartered Accountants (ICANZ) working parties. Alastair is also a member of the Victoria University Advisory Board for the Centre for Accounting, Governance and Taxation Research.

 

 

 

 

 

Waikato student wins first Securities Commission prize

Daniel Miller from Westmount School in the Waikato was the top scoring candidate in the savings and investment question of Enterprise New Zealand Trust's financial literacy exam for 2004.

Daniel's full marks for the question earned him a cheque for $200 from the Commission.

The prize is part of the Commission's sponsorship of the savings and investment module of ENZT's Financial Literacy Certificate which is offered in many New Zealand secondary schools.


Transition to international financial reporting standards - practice notes

Historical information in offer documents

The Commission is seeking public comment on a draft practice note about the presentation of historical financial information in offer documents during the transition to international standards.

Certain New Zealand companies must adopt New Zealand equivalents to International Financial Reporting Standards (NZ IFRS) from January 2007. Some companies may choose to do so from January 2005.

Draft Practice Note No 3/2004 covers the situation where companies adopt NZ IFRS for the first time. This will affect the presentation and disclosure of summary historical financial information in prospectuses for offers of securities.

The draft practice note sets out the approach the Commission intends to take on these issues in offer documents during the transition period, so that an appropriate level of information is provided to investors.

The draft practice note is available from www.seccom.govt.nz, and comments should be sent to Lisa Economou (lisa.economou@seccom.govt.nz) by 16 February 2005.

Prospective information in offer documents

Practice Note No 2/2004 covers the presentation of prospective financial information in offer documents during the transition period. This note, which is also on the Commission's website, was issued in October 2004 following public consultation.


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THE BULLETIN January 2005

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