Key dates
- 30 January 2023
- - AMF Enforcement Committee decision date, imposing fines for insider dealing and insider list failures
Suggested considerations
- Review and strengthen insider list management: Issuers must ensure lists are complete, updated in real-time for changes in access to inside information, and accessible for AMF inspections; Terreïs's €350,000 fine underscores non-compliance risks.
- Enhance market abuse surveillance: Implement systems to flag atypical trading (e.g., urgency, timing, order methods) and investigate plausible information channels; train staff on MAR prohibitions against use, disclosure, or inducement.
- Conduct insider trading risk assessments: Map primary/secondary insiders, including family/partners, and enforce pre-approval for trades during closed periods; document justifications for all transactions to counter AMF indicators.
- Update compliance training and policies: Incorporate case-specific lessons, such as high-confidence bets on price movements, into annual programs for directors, employees, and advisors.
What changed
This enforcement decision does not introduce new regulatory changes or requirements; it applies existing obligations under French market abuse rules aligned with EU MAR (Regulation (EU) No 596/2014). Key reaffirmed requirements include: prohibiting the use, disclosure, or recommendation of inside information for trading; maintaining and regularly updating insider lists with details of persons having access to inside information; and ensuring issuers like Terreïs promptly detect and prevent breaches through robust surveillance.
Compliance impact
Urgency: Medium - This 2023 decision reinforces longstanding MAR rules without new mandates, but its detailed analysis of enforcement indicators demands immediate policy reviews to mitigate fines up to €1M+ per breach. It matters for firms handling listed securities, as AMF prioritizes educational enforcement via public decisions, increasing scrutiny on insider lists and trading surveillance amid ongoing cases (e.g., 2024-2025).