N.M. Code R. § 12.11.15.12

Current through Register Vol. 35, No. 11, June 11, 2024

Section 12.11.15.12 - MARKET MANIPULATION

Without limiting the general applicability of Section 58-13C-501 of the New Mexico Uniform Securities Act, a person is deemed to employ a "device, scheme or artifice to defraud" within the meaning of Section 58-13C-501 A or "an act, practice or course of business that operates or would operate as a fraud or deceit upon another person" within the meaning of Section 58-13C-501 C if the person directly or indirectly:

A. quotes a fictitious price with respect to a security;

B. effects a transaction in a security which involves no change in the beneficial ownership of the security for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;

C. enters an order for the purchase of a security with the knowledge that an order of substantially the same size and at substantially the same time and price for the sale of the security has been or will be entered by or for the same or affiliated person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;

D. enters an order for the sale of a security with knowledge that an order of substantially the same size and at substantially the same time and price for the purchase of the security has been or will be entered by or for the same or affiliated person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;

E. effects, alone or with one or more other persons, a series of transactions in a security to:

(1) create active trading, actual or apparent, in that security; or

(2) raise or depress the price of the security, in each case for the purpose of inducing the purchase or sale of that security or of other securities of the same or another issuer by others; or

F. employs any other deceptive or fraudulent device, scheme or artifice to manipulate the market in a security.

N.M. Code R. § 12.11.15.12

12.11.15.12 NMAC - Rp, 12 NMAC 11.15.6, 1-1-2010