Define: Short-Swing Profits

Short-Swing Profits
Short-Swing Profits
Quick Summary of Short-Swing Profits

If a person who is employed by a company buys and sells company stock within a six-month timeframe, the resulting profits are known as short-swing profits. In such cases, it may be necessary to return these profits to the company.

Full Definition Of Short-Swing Profits

Short-swing profits are profits earned by a corporate insider through buying and selling or selling and buying company stock within a six-month period. These profits may need to be returned to the company. For example, if a CEO buys 1,000 shares of company stock in January and sells them in March for a profit, they must return that profit to the company. Similarly, if an executive sells 500 shares of company stock in May and then buys them back in August for a profit, they would also be required to return that profit to the company. These examples demonstrate how short-swing profits function. The Securities and Exchange Commission (SEC) established this rule to prevent insiders from exploiting their position and making quick profits at the company and its shareholders’ expense. Requiring insiders to return these profits helps ensure that they act in the best interest of the company and its shareholders.

Short-Swing Profits FAQ'S

Short-swing profits refer to gains made by corporate insiders, such as officers, directors, or beneficial owners, from buying and selling company securities within a six-month period.

Short-swing profits are legal, but they are subject to specific regulations and restrictions under the Securities Exchange Act of 1934 to prevent insider trading and unfair advantage.

Regulating short-swing profits aims to prevent corporate insiders from taking advantage of non-public information and profiting at the expense of other shareholders.

The holding period for short-swing profits is six months, meaning insiders must hold the securities for at least six months before selling them to avoid triggering the regulations.

If an insider sells securities within the six-month holding period, they may be required to disgorge any profits made from those transactions to the company.

Yes, there are certain exceptions to the short-swing profit regulations, such as transactions made through employee benefit plans or in cases of involuntary sales, mergers, or acquisitions.

Short-swing profits are calculated by comparing the purchase and sale prices of the securities within the six-month period to determine any gains made by the insider.

No, short-swing profit regulations apply to any securities of the company, including common stock, preferred stock, options, or other derivative securities.

Violating short-swing profit regulations can result in legal consequences, including disgorgement of profits, fines, and potential civil lawsuits by shareholders seeking recovery.

Companies can implement internal controls, educate insiders about the regulations, and monitor trading activities to prevent inadvertent or intentional violations of short-swing profit rules.

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/short-swing-profits/
  • Modern Language Association (MLA):Short-Swing Profits. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/short-swing-profits/.
  • Chicago Manual of Style (CMS):Short-Swing Profits. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/short-swing-profits/ (accessed: May 09 2024).
  • American Psychological Association (APA):Short-Swing Profits. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/short-swing-profits/
Avatar of DLS Solicitors
DLS Solicitors : Divorce Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts