I think you are on the money there@Somme. Either that or Bryan is a fool. Could be he is a fool regardless.
Presuming he answered those questions Tran has posted, it would seem to be a clear breach of section 183 of the Corp Act and if Tran trades any HIO shares in the next month an issue of Insider trading.
Directors simply cannot provide selective or non publc info to their mates (or anyone) without it similarly being released to the market. Here follows a quote from legal advice to ozzie directors of companies.A Guide to Directors Duties in Australia: The 6 Duties You Need to Know (2022 Update) by Mai Sarkissian
The 6 duties all company directors must abide by are the duties to:
Act in good faith and for a proper pupose,Act with reasonable care and diligence,Prevent insolvent trading,Prevent an improper use of position,Avoid all misuse of information,Prevent conflicts of interest.Confidential information can either make or break your company, so directors are under strict duties not to misuse or inappropriately disclose it.
The duty to not misuse any confidential company information is provided for under section 183 of the Corporations Act.
According to this duty under section 183, directors mustn’t improperly use the information to:
- Take an advantage for themselves,
- Take an advantage for someone else or,
- Cause a detriment to the company.
Now, when we are talking about confidential information we’re referring to information that only you — as a director — know about. It could be your client databases, supplier databases, company finances, any trade secrets and so much more. Therefore, it’s information that is not accessible to the public, but accessible to you, through the privilege of being a company director.
Seems BG is in the soup if anyone notes this to ASIC because at the least, the Strat Plan is not public info. It should be but it is not.
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