有價證券申告書 등의 不實記載로 인한 賠償責任에 관한 考察

• 영문명: A Study on the Civil Liabilities on Account of False Registration and Prospectus
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최정식(Jung-Sik Choi)
• 간행물 정보: 『비교사법』比較私法 제15권 제1호, 331~372쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

  The civil liabilities in securities actions under the Securities and Exchange Act, Article 14-16 deals with a material misstatement and an ommission in the registration statement and prospectus in the process of distribution. Especially a disclosure in the primary market is important because many companies try to exaggerate the future ability of the company and induce to sell the securities of the company. Therefore the strict regulation is essential in the primary market.
  In case of any part of the registration statement and the prospectus, when such part became effective, contained an untrue statement or an omitted to state a material fact, the person acquiring such security may sue potential defendants such as every person who signed the registration, every person who was a director, every underwriter, every writer or deliverer of the prospectus and so on.
  The defendant might establish that he had, after reasonable investigation, reasonable ground to believe and did believe, at the time such part of the registration became effective, that it was true and complete. In addition, damages are reduced to the extent that the defendant proves that the damages did not result from his misconduct. If the defendant proves that the plaintiff knew the fact that the registration statement contained the material misstatement or omission when he acquired the securities, he is free from civil liability.
  Now The Act of Capital Market and Financial Investment Business was enacted in lieu of the Securities and Exchange Act. I think there are lots of change. Therefore the new study is needed in the civil liability of misstatements or omission in registration statement and prospectus.

목차

Ⅰ. 머리말
Ⅱ. 손해배상책임의 當事者
Ⅲ. 重要한 事項의 不實記載
Ⅳ. 손해배상책임자의 抗辯
Ⅴ. 손해배상의 範圍
Ⅵ. 證券集團訴訟에 의한 배상청구
Ⅶ. 結論
【참고문헌】
[Abstract]

키워드

사업설명서 유가증권신고서 부실기재 상당한 주의 손해액 산정 Prospectus Registration Statement Misstatement Due Diligence Measure of Damages