For years, a director and significant shareholder of a British Columbia mining firm bought and sold shares in five public companies he helped run — and Canadian investors watching those stocks had no way of knowing.
A recent investigation by the BC Securities Commission (BCSC) shows that Christopher R. Anderson, an officer, director or significant shareholder of five publicly-traded firms listed on the TSX Venture Exchange, failed to disclose 172 trades worth more than $2 million in a three-year period.
While Anderson was ordered to pay $50,000 to settle the case, the investigation highlights the risks everyday Canadians face when choosing to buy small-cap stocks. Despite laws and tools meant to protect investors, this case highlights how insider filings are only useful if someone checks them.
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What Anderson didn’t disclose
When a person holds an executive position at a firm or is privy to information that isn’t public knowledge, they are required to file documentation regarding any change in share ownership. That means any purchase or sale of shares by an ‘insider’ must be reported on the System for Electronic Disclosure by Insiders (SEDI) within five days of the trade.
In the investigation into Anderson, it was found that he missed this deadline 172 times over three years, on trades worth $2,097,332.
As a significant shareholder of three of the issuers, he also failed to file 28 required reports and news releases tied to reportable transactions.
Anderson had no prior disciplinary history and cooperated fully once the BCSC caught the gap, correcting his filings and paying $10,300 in late fees on top of the $50,000 settlement.
There’s no suggestion he broke insider trading rules by profiting on non-public information — only that he failed to report trades the public is entitled to see.
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Why insider filings matter to investors
What does this case illustrate? It shows the importance of stakeholder actions and how this can impact investor decisions.
Perhaps the most obvious example is Warren Buffet when he held the chief executive officer position at Berkshire Hathaway. Each year, the market would scrutinize Buffett’s trading decisions — trying to glean guidance on where the market was heading and how it should influence individual investor decisions.
In Canada, SEDI provides a window for all retail investors (aka: everyday Canadians who want to invest). SEDI filings allow investors to see what the people running a company are doing with their own shares — buying can signal confidence, selling can signal the opposite.
But when SEDI filings are incomplete, late or don’t exist, that signal disappears exactly when smaller investors need it most.
In junior mining and other TSX Venture-listed stocks, where insiders often hold an outsized share of the company and information is otherwise thin, these SEDI filings are considered critical.
What to do before you trust a stock
Before buying into a thinly traded stock, search the company on SEDI to see whether insiders have been buying or selling — and note how current those filings actually are, in relation to your current opportunity. This doesn’t mean you should avoid investing in small-cap stocks; it means treating a company’s insider filings as standard checks before executing a trade — because the gap between what regulators eventually catch and what investors see in real time can run into the millions.
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Romana King, Senior Editor at Money.ca, also writes for various North American publications and the RKHomeowner blog. Her book, House Poor No More, is an Amazon bestseller and five-time award winner, including the 2022 New York CPA Society's Excellence in Financial Journalism (EFJ) Book Award.
