The legal and evidential questions
Securities-Market and Investment Offences. The first task is to map statutory role, authority and actual control. The statutory starting point shown on this page is Article 213 (Breach of securities-market rules). Potential application depends on the regulated act, market records, authority and any statutory consequence or threshold.
Preserve offering and disclosure materials, orders, trading and account data, client instructions, approvals, valuations, communications and records identifying each regulated role.
Business failure is not automatically criminal
Financial distress, a failed investment or an unpaid debt requires separation from alleged concealment, falsification or deceit. Actual control, duty, intent, records and use of funds must be established.
Questions to answer first
Map statutory role, authority and actual control
Preserve accounting, creditor and payment records
Distinguish business failure from intentional concealment or deceit
Separate company, director, adviser and third-party interests
Evidence that may matter
- Accounting and insolvency files
- Loan applications and use-of-funds records
- Card, payment and authentication data
- Securities, investor and disclosure documents
- Banking, valuation and forensic accounting material
Criminal Code articles to check
Breach of securities-market rules
Potential application depends on the regulated act, market records, authority and any statutory consequence or threshold.
Read full Article 213 text on this pageRead the relevant Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
Article 213Breach of the securities market rules+
1. Intentional public offer of securities without due authorisation, without the issue prospectus or with suspended issue prospectus, which has resulted in considerable damage, –
shall be punished by a fine or corrective labour for up to two years, or by imprisonment for a term of one to three years.
2. Intentional omission of a substantial fact or event in the issue prospectus, which has resulted in considerable damage, –
shall be punished by a fine or imprisonment for a term of two to four years.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Official consolidated Criminal Code — current text & PDF↗︎Constitution of Georgia↗︎