4DS 2.56% 7.6¢ 4ds memory limited

Question for the insider trading legal gurus :Back in 2020,...

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    Question for the insider trading legal gurus :


    Back in 2020, Guido allowed 36.5m options to expire. It was announced that if exercised, he would have had to immediately sell down the majority of shares to cover the exercise price & taxes. See extract from 29/6/2020 announcement.

    https://hotcopper.com.au/data/attachments/4361/4361413-16b060d189f8aedc99afa7f6e44a9247.jpg

    Guido has 14 million 4.2c options expiring in October. Based on current timelines this would be after the results of PL3 are finalized. He has forgone bonuses & taken a pay cut since 2020.

    Question: Assuming performance metrics are not released for commercial reasons, would Guido selling shares to fund exercising shares ($0.588m) & resulting tax liability (47%) risk being considered "insider trading"?
 
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