Regulations and Law

Stockbroker Transfers – More Evidence of Unreasonable Delays

Back in November I wrote about the delays that can occur in switching a portfolio of shares from one stockbroker to another. I now have a file of 7 examples contributed by different people where such transfers took several months. This is surely totally unreasonable and unnecessary. On behalf of ShareSoc and our members I have written to the Financial Conduct Authority (FCA) complaining about this problem and have received a response which provides some more information at least. The FCA does have ...

The Audit of HBOS

One of the mysteries not adequately researched in the recently report into the demise of HBOS was the failure to examine the audits of the company that took place. The Financial Reporting Council (FRC) decided two years ago not to look into the audits of the bank by KPMG prior to its collapse and acquisition by Lloyds in 2008. But the Parliamentary Treasury Select Committee has now been looking into this further. Andrew Tyrie, the Committee Chairman, has already suggested the FRC ...

New VCT Rules and Knowledge Intensive Businesses

I attended the Annual General Meeting of Northern Venture Trust (NVT) yesterday - one of the more successful VCTs. Management representative Tim Levett gave us a briefing on the impact of the new "draconian rules" (as he called them) for VCTs arising from EU regulations. His criticism also arose from the fact that the legislation is effectively retrospective as it impacts both "old money" from past fund raisings and new money. One particular oddity is that the amount of money than can ...

When Brokers Go Bust

"When Brokers Go Bust" was the title of a fascinating article in Investors Chronicle on 11/12/2015. It covered the impact on investors when their stockbroker goes out of business. That's pretty uncommon you might think. But it revealed the surprising fact that in the last five years alone more than 400 investment firms have gone belly up, based on data from the Financial Services Compensation Scheme (FSCS). It spelled out two particular problems: 1) the difficulty in untangling pooled nominee accounts (which ...

A Warning – 1875 Finance

Several ShareSoc directors have been called recently by someone claiming to represent "1875 Finance". To prove their bona-fides they even quote your own log-in information for a well known financial web site - yes they will even tell you the password which to any sensible person should immediately arise suspicion. 1875 Finance is an financial organisation based in Geneva, Switzerland. But they are not registered with the FCA to do business in the UK and have no connection with the aforementioned financial ...

EU Commission Proposes Overhaul of Prospectus Rules

The EU Commission has published proposals to overhaul the rules on prospectuses, where companies are raising equity or debt in public markets. But prospectuses are costly to produce, especially for smaller companies.  As Ian Sayers of the AIC said after the above announcement: "One of the main problems with a prospectus is that the regime effectively compels issuers to include any information that an investor might conceivably want. Given the legal implications, the result is a huge amount of boilerplate of ...

LAPFF Write to FTSE-350 Companies on their Duties

The Local Authority Pension Fund Forum (LAPFF) have issued a press release stating that they have sent a letter to the Chairmen of all FTSE-350 companies. The letters sent warn the Chairmen that they might be breaching UK Company Law by publishing accounts based on guidance from the Financial Report Council (FRC). This is a long running argument that arose during the financial crisis in 2008 when it was alleged that one of the problems was that the accounts of financial institutions ...

The HBOS Report – It’s Finally Here

The Prudential Regulatory Authority and the Bank of England today published the report of the inquiry into the failure of HBOS Plc. Those who were investors in the company at the time, or who suffered as a consequence of the bail-out of the company via a merger with LloydsTSB, will not need to be told what happened and why. This report does not add a lot to the story as the defects in the management of the HBOS are now well ...

Stockbroker Transfers – Why So Long?

  Why, oh why, do transfers between stockbrokers take so long? Having just suffered the second delay of three months or more to simply switch from using one stockbroker (or "investment platform" as some now prefer to call themselves) to another, I am now writing to the Financial Conduct Authority (FCA) to demand some action on behalf of investors. Other ShareSoc Members have reported similar delays on a regular basis and I am building up a portfolio of cases to support our submission ...

Better Finance Press Release on Shareholder Rights Directive

The following press release has just been issued by Better Finance - an organisation that represents private investor associations: PRESS RELEASE A CAPITAL MARKETS UNION WITHOUT A SINGLE MARKET FOR EU-WIDE SHAREHOLDER ENGAGEMENT Brussels, 9 November 2015 – The Commission’s proposal for the review of the Shareholder Rights Directive (SRD), aimed at countering wide-spread short-termism in favour of a long-term perspective in the governance of listed companies by stimulating stronger shareholder engagement, was presented to the European Parliament (EP) and Council. Whereas the EP ...

Tweeting False Information is a Crime

Yes tweeting false information is a crime, at least in the USA. Scottish trader James Craig has been charged by US prosecutors with fraud after he set up two twitter accounts and distributed false information on US firms Audience and Sarepta. This caused the share prices of those companies to fall by 28% and 16% and caused investors to lose over £1 million. Mr Craig has now disappeared. Mr Craig used Twitter account names that were similar to those of Muddy Waters ...

Globo – the Last Straw

Subsequent to my last blog post which covered the attack by Quintessential Capital Management (QCM) on Globo, this morning the company has made three further announcements: After an emergency board meeting, the CEO (Costis Papadimitrakopoulos), and the CFO (Dimitris Gryparis) have resigned and the COO has been suspended. A committee of non-executive directors has taken over after "certain matters regarding the falsification of data and the misrepresentations of the Company's financial position" were brought to their attention. The joint corporate broker, ...