Question

A shareholder who was buying additional shares in Wayport, Inc., told the shareholder seller "he was not aware of any bluebirds of happiness in the corporation's world." However, at the time the buyer made the statement he was aware that the CEO had informed the board via e-mail of a patent sale by Wayport that meant that the corporation would receive net proceeds of $7.6 million and would increase its year-end cash position by 22%. Which of the following statements is correct? a. The buyer has done nothing wrong unless he was the CEO or a member of the board. b. The statement was too general to constitute a basis for a 10(b) claim. c. The seller has a 10(b) claim against the buyer. d. The statement would need to contain numbers to be a material misrepresentation.

Answer 1

Answer: C. The seller has a 10(b) claim against the buyer.

Step-by-step explanation:

10(b) is a section within the Securities and Exchange Commission and are a common source of liability for public companies.

It makes it unlawful to use or employ in relation to the trading of shares or securities.

Over here the buyer made the statement that he was aware that the CEO informed the board via email of a patent sale by Wayport that meant that the corporation would receive net proceeds.

The buyer has unlawful means of source and therefore is thinking of buying additional shares. Buyer is violating the 10(b) section of the securities and exchange commission act.