Business Law Assignment Essay

This hear will explain the following four questions. First, would registration with the sulfur be compulsory for Dakota Gasworks securities? Second, Did Emerson violate Section 10(b) of the Securities Exchange make of 1934 and SEC ascertain 10b-5? Third what hypothesis or theories capability a court implement to hold Wallace liable for insider trading? Finally, under the Sarbanes-Oxley telephone number of 2002, who would be undeniable to certify the accuracy of pecuniary statements filed with the SEC? Would registration with the SEC be required for Dakota Gasworks securities? wherefore or why not? Reliant brawniness has registered securities and faces a takeover attempt, or third party attendant offer, then(prenominal) the SECs tender offer rules will apply to the transaction. The filings required by these rules provide cultivation to the public about the soul devising the tender offer.The company, Dakota Gasworks, is experiencing the takeover so they must file wit h the SEC its responses to the tender offer. These rules set time limits for the tender offer and provide some surety to shargonholders. Did Emerson violate Section 10(b) of the Securities Exchange passage of 1934 and SEC Rule 10b-5? Why or why not? Moreover, Emerson did violate rule 10b-5 of the Securities exchange act, in where it protects against insider trading which is the purchase or sale by person with rag to information not available to those whom with those they deal or general traders. The person passing the information of the takeover, Emerson, violated this rule by passing information that wasnt regularly available to general traders.What theory or theories might a court use to hold Wallace liable for insider trading? Furthermore, the theory behind the prohibiting insider trading is that is undermines investor federal agency in the fairness and integrity of the securities markets. The SEC claims that finding and prosecuting insider trading violations is one of its en forcement priorities, and all investors need to be mindful of the danger in trading from spoken knowledge that is not publicly known to people who base their trading on this information.Under the Sarbanes-Oxley Act of 2002, who would be required to certify the accuracy of financial statements filed with the SEC? Finally, the bearing of the Sarbanes-Oxley Act is to protect investors by improving the accuracy and reliability of bodily disclosures made pursuant to the securities laws, and for other purposes. The Act requires all financial reports to embarrass an upcountry control report. This is designed to show that not only are the companys financial data accurate, but the company has confidence in them because adequate controls are in place to safeguard financial data.Year-end financial reports must contain an assessment of the effectiveness of the internal controls. The issuers auditing firm is required to attest to that assessment. The auditing firm does this after review ing controls, policies, and procedures during a Section 4040 audit, conducted along with a traditional financial audit. Under Sarbanes-Oxley Act of 2002, the CEO and CFO of public companies are required to certify the accuracy of financial statements filed with the SEC.References1. Miller, Roger & Jentz, Gaylord (2010) Fundamentals of Business Law Summarized Cases 8th Edition, Cengage Learning. 2. The Sarbanes-Oxley Act 2002. (n.d.). The Sarbanes-Oxley Act 2002. Retrieved December 19, 2012 from http//www.soxlaw.com/