Regulations and Law

Quindell judgement

Yesterday (9/9/2014), Quindell announced that the company had won a judgement for libel against Gotham City Research LLP in the London High Court. Gotham simply failed to defend the action or even acknowledge the claim. Gotham had published a 74 page document earlier this year effectively claiming the company was fraudulent but Quindell immediately issued an announcement rejecting the allegations as being “highly defamatory” and “deliberately misrepresentative”.  Gotham also made it clear that they had a short financial interest in Quindell ...

Outrage in the Cayman Islands

There is reportedly outrage in the Cayman Islands after they were included in a list of "high risk jurisdictions" by the Financial Conduct Authority (FCA). The Islands Government has expressed "great consternation" at its inclusion in the list, which only became public after a Freedom of Information Act request for the list. But anyone familiar with publicly listed companies that were or are registered in the Cayman Islands might not be that surprised. The Cayman Islands was a favourite location for companies ...

AIM and other regulatory changes

Effective from the 11th August, there are additional requirements under AIM Rule 26. Rule 26 covers what information is required to be published on a company's web site - for example the listing prospectus and last Annual Report. In future a company must disclose what corporate governance code the company is using, or not as the case may be. Currently AIM companies often refer to the Quoted Companies Alliance (QCA) Corporate Governance Code for Small and Mid-Size Quoted Companies, some use ...

Best Execution is Not Always the Best

The Financial Conduct Authority (FCA) have undertaken a review of "best execution". This is a simple principle enforced as part of the FCA's Rule Book that requires your stockbroker to always obtain the best execution if you give them an order. That primarily means obtaining the best price where there are multiple markets on which the trade can be dealt but speed of execution, settlement terms and certainty of execution can also be taken into account. A stockbroker should be acting ...

Controlling bankers – public consultation in motion

Controlling bankers is a key theme of a public consultation issued jointly by the Bank of England Prudential Regulatory Authority (PRA) and the Financial Conduct Authority (FCA). The proposals...

Delays in SIPP and ISA transfers

I commented on the delays in transferring a SIPP from Hargreaves Lansdown to another provider in the May ShareSoc Newsletter, and we published some letters from other members on similar problems in the June Newsletter. I thought readers might like to know that the original SIPP transfer has now finally completed. It actually took over 5 calendar months to get all the portfolio holdings to transfer (this being an "in-specie" transfer as it is called). This is clearly a quite ridiculous period ...

Alkane Placing – What a Wheeze!

Today (17/7/2014) Alkane Energy announced a placing to raise £8m to fund the acquisition of three power response companies. The placing was at 36p, when the closing price the previous day was 39.5p indicating a discount of 9%. But as with all such placings, the news had got around the market beforehand, so it's more like a 15% discount to the share price before the news spread. So what you may ask? It's just another placing that prejudices private shareholders who were ...

Shareholder Class Actions

The topic of shareholder class actions is a controversial one. Before ShareSoc participates in any such actions, on behalf of its members, we therefore wish to obtain the views of our membership on this subject. We will shortly poll all our members, including associates, to ask your views. If you would like to cast a vote, and receive the other benefits that ShareSoc offers, but are not already a member, you can join us here: www.sharesoc.org/membership/ The poll will be e-mailed ...

Long standing directors and investment trusts

The UK Corporate Governance Code has a clear rule about non-executive directors who have served for more than nine years (Code B.1.1.) which states "The board should state its reasons if it determines that a director is independent notwithstanding the existence of relationships or circumstances which may appear relevant to its determination, including if the director: has served on the board for more than nine years from the date of their first election". This rule was not introduced to ensure that ...

Short selling petition

The recent shorting attacks on companies such as Quindell, Blinkx and Globo have dismayed many new investors in UK stock markets. Indeed this is what one of our correspondents had to say: "As someone who has recently taken the advice of many, including government, to invest in the stock market, I thought you might be interested to know that I have quickly realised that the whole thing is a manipulated scam and that I will be having nothing to do with ...

West Bromwich Building Society in profit

The West Bromwich Building Society recently issued their accounts for their financial year ending in March 2014. They actually managed to make a small profit after years of losses. Does that mean that the PIBS holders will start to receive their dividends again? In essence no. According to Peter Morgan who led a campaign on the issue, it might yet be another 5 years before these bondholders receive any interest whatsoever. To remind readers about this problem, in 2009, the Society ran ...

Giving Personal Shareowners a Voice

"Giving Personal Shareowners a Voice" was the title of a meeting yesterday (3/7/2014) organised by Gavin Oldham of The Share Centre. It was organised to discuss a number of concerns about shareholder engagement with companies and the rights of individual shareholders. It was attended by a number of "stakeholders" interested in this area including representatives from the BIS, FRC, WMA, Wider Share Ownership Council, ShareAction, UKSA, ICSA, a number of journalists and myself representing ShareSoc. The first topic covered was the failure ...