SESC Latest Topics No.89<March 2023>

Last Updated : March 27, 2023

What’s New on the SESC Website

This page contains the latest in events, developments, and updates to the SESC website.

Press Releases

(Following press release is available in Japanese)

 

Financial Instruments Businesses etc.

February 28, 2023:

Court issuance of prohibition and stay order against the president of Mt.light (MTL).open new window

<Summary>

In response to a petition filed on December 9, 2022, by the SESC with the Tokyo District Court for a prohibition and stay order against the president of Mt.light (MTL) for engaging in over-the-counter derivative transactions on a regular basis without statutory registration, a court order was issued as per the content of the petition.

Market Misconduct

February 28, 2023:

Recommendation for an administrative monetary penalty payment order against an offender who committed insider trading related to shares of N・FIELD Co., Ltd. using information provided from an employee of N・FIELD Co., Ltd. and against the employee for communicating insider information.open new window

<Summary>

The SESC recommended that the Prime Minister and the Commissioner of the FSA issue an administrative monetary penalty payment order to offender (1), who committed insider trading of shares of N・FIELD Co., Ltd. (hereinafter, “the Company”), using information provided from offender (2), and to offender (2), who is an employee of the Company.
 
Based on an inspection, the SESC determined that offender (2) had communicated the insider information to offender (1), and that offender (1) had committed insider trading by purchasing shares of the Company, using insider information in violation of the Financial Instruments and Exchange Act.
 
340,000 yen penalty against offender (1)
170,000 yen penalty against offender (2)

March 3, 2023:

Filing a criminal charge of committing insider trading of the shares of SOGO MEDICAL HOLDINGS CO., LTD. and SPACE VALUE HOLDINGS Co., Ltd.open new window

<Summary>

The SESC filed a criminal charge against a suspect with the Tokyo District Public Prosecutors Office for violation of the Financial Instruments and Exchange Act (hereinafter “FIEA”) (insider trading).
 
Suspect A was an employee of Polaris Capital Group Co., Ltd. (hereinafter “Polaris”).

  1. Suspect A, around early December 2019, came to know in the course of his/her duty a fact concerning the launch of a tender offer, to the effect that the executive decision-making body of Polaris had made a decision to conduct a tender offer for the shares of SOGO MEDICAL HOLDINGS CO., LTD. (hereinafter “SOGO MEDICAL”), which were listed on the securities market of the Tokyo Stock Exchange (hereinafter “TSE”). As a result, Suspect A purchased a total of 2,000 shares of SOGO MEDICAL for a total of approximately 4.2 million yen on the TSE under the name of Suspect A via a securities firm between around mid-January 2020 and around early February 2020, prior to the announcement of the fact concerning the launch of the tender offer, despite there being no applicable exemption clause under the FIEA.
  2. Suspect A, around late September 2021, came to know in the course of his/her duty a fact concerning the launch of a tender offer, to the effect that the executive decision-making body of Polaris had made a decision to conduct a tender offer for the shares of SPACE VALUE HOLDINGS Co., Ltd. (hereinafter “SPACE VALUE”), which were listed on the securities market of the TSE. As a result, Suspect A purchased a total of 27,000 shares of SPACE VALUE for a total of approximately 23.9 million yen on the TSE, etc. under the name of Suspect A via securities firms between around early November 2021 and around mid-November 2021, prior to the announcement of the fact concerning the launch of the tender offer, despite there being no applicable exemption clause under the FIEA.

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