90A. Recovery of loss or damages.

(7)

An amount recovered or obtained by the Commission in an action pursuant to subsection (5) or (6), respectively, shall be applied –

(a)

firstly, to reimburse the Commission for all costs of the investigation and proceedings in respect of the contravention or suspected contravention; and

(b)

secondly

(i) where it relates to subsection (5), to compensate the sellers who disposed of securities of the same class on the stock market of the stock exchange when information was not generally available between the time when the first contravention of subsection 89E(2) occurred and the time when information became generally available; and

(ii)where it relates to subsection (6), to compensate the buyers who acquired securities of the same class on the stock market of the stock exchange when the information was not generally available between the time when the first contravention of subsection 89E(2) occurred and the time when the information became generally available.


[Ins. Act A1017:s.28]