- Laws of Fiji

Last Updated: 24 June 2022

[COM 655] Misleading or deceptive conduct (civil liability only)655

655

(1) A person must not (whether in Fiji or elsewhere) engage in conduct, in relation to securities, that is misleading or deceptive or is likely to mislead or deceive.

(2) The reference in subsection (1) to engaging in conduct in relation to securities includes (but is not limited to) any of the following—

(a)dealing in securities;
(b)without limiting paragraph (a) —
- (i)issuing securities;
- (ii)publishing a notice in relation to securities;
- (iii)making, or making an evaluation of, an offer under a disclosure document or a recommendation relating to such an offer;
- (iv)carrying on negotiations, or making arrangements, or doing any other act, preparatory to, or in any way related to, an activity covered by this subsection.

(3) Conduct that contravenes Division 4 of Part 43 does not contravene subsection (1), and for this purpose, conduct contravenes the provision even if the conduct does not constitute an offence, or does not lead to any liability, because of the availability of a defence.