Financial Markets Act-specifically targeting market abuse

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Question

The Financial Markets Act (FMA) of 2012 in South Africa regulates financial markets and combats financial crimes, specifically targeting market abuse, insider trading, and fraudulent activities. Section 80 of the FMA requires the state to prove that the accused had knowledge of the crime and intended to commit it. This requirement serves both strengths and limitations. It protects innocent parties by ensuring they are not wrongfully punished, sets clear legal standards, and helps in consistent application of the law. However, it also poses limitations, such as the burden of proof and the complexity of investigations required for proving knowledge and intent. Despite these challenges, the FMA provides a robust framework for regulating financial markets and protecting against financial crimes, making it a delicate task to balance the protection of innocent parties with the effective prosecution of financial crimes.

Reference no: EM133808957

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