The Irish Independent reports that one of the country's most iconic department stores could be sold for as
little as €1 as part of efforts to restructure its crippling debts, the
Irish Independent has learned.
Anglo Irish Bank and Ulster Bank -- Arnotts' effective new owners,
who are owed €300m by the retailer -- agreed earlier this year they
could buy out all the shares in the landmark store for a nominal sum,
believed to be as little as €1. This would wipe out the shareholding of senior counsel Richard
Nesbitt and his family, as well as funding partner Boundary Capital --
led by financier Niall McFadden. The shareholding remains intact for now, sources close to Arnotts
said last night.
However, this could all change next month pending EU approval for the
lenders to take "joint control" of Arnotts. Once the nominal payment is made, the banks are then free to rebuild
the company with a view to selling it on to recoup their debts.
Arnotts, badly hit by the recession, owes nationalised Anglo Irish
Bank over €150m, while Ulster Bank, which is not covered by the 2008
banking guarantee, holds the remainder of the company's debt.
Arnotts attempted to assure its almost 1,000 workers yesterday their
jobs are "secure".
As first reported in yesterday's Irish Independent, the two banks
have notified the EU they plan to take control of Arnotts.
Arnotts executive and board members yesterday discussed the troubled
store's future in a series of high-level meetings. Many of them may not
survive a series of changes planned by the banks and their advisers.
Radical changes to the board and management of Arnotts are imminent
as the shop is told by the banks to simply concentrate on retailing, not
property development.
As part of the corporate review, Arnotts has been told that its
ambitious plans for a €750m 'Northern Quarter' may now have to be
abandoned, even though officially it is due to go ahead in 2011.
The long-term plan of the two banks is to rebuild the retailer and
restore its profits and ultimately sell it off to an international trade
buyer.
The banks have installed American private equity firm Paladin
Capital, who are now calling the shots at the company, leading to
tensions among executives and board members.
Arnotts last night refused to comment on the banks' options. However,
sources said the shareholding could change immediately pending EU
approval.
Anglo has sought permission from the EU to advance the move under
European rules. A deadline of August 9 has been set for any objections
to the takeover.
If approved by the EU, state-owned Anglo -- which failed in its bid
to inject up to €750m of capital into the beleaguered Quinn Group --
would consolidate more than 50pc of Arnotts' mammoth debts on to its
loan book.
RESTRUCTURE
Arnotts Holdings Ltd yesterday confirmed it is working with Anglo and
Ulster Bank as part of the ongoing process to restructure the group's
financing.
"Arnotts strongly emphasises that trading continues as normal," said
a spokesperson for the group.
"Arnotts is performing very strongly, with trading for the first half
of the year ahead of the market. Jobs within Arnotts remain secure and
Arnotts continues to invest in the future of the store. We would like to
reassure our customers that it is business as usual at Arnotts."
Arnotts employs more than 900 staff at its landmark store on Henry
Street in Dublin and under 100 between its subsidiary, Boyers and Co, on
Talbot Street, and another outlet in Stillorgan.
Labour TD for Dublin Central Joe Costello called for a business plan
to secure the future of the store, its workers and nearby businesses.
"Anglo, which is now owned by the State, must resist the temptation
to offload Arnotts at a fire-sale price just to make some short-term
gain," he said.
"Arnotts has been an integral part of the retail landscape in the
capital since 1843 and it would be unthinkable if this development led
to a situation where the future of the store itself was in question."
The Irish Independent also reports that One51 chief executive Philip Lynch appears to have seen off an attempt
by rebel investors to secure seats on the company's board at the
company's annual general meeting.
But Mr Lynch, who hinted he would be prepared to step back from his
role once part of the group is floated in 2012, was forced to admit that
he received a bonus last year as part of his overall €1.4m pay packet.
One51 posted a loss of €11m last year after racking up €28.5m in
exceptional charges related to a major non-cash writedown in its stake
in ferry operator Irish Continental.
The revelation angered shareholders, who have seen the value of their
investment plummet in recent years. Mr Lynch said his remuneration is under review.
Dissident shareholders, led by Gerry Killen, tabled a range of
questions in advance of yesterday's packed AGM, querying the group's
investment strategy, financial structures used to make tax-free payments
to executives and demanding to know how much Mr Lynch was paid.
Mr Killen denied after the AGM that his revolt had been misjudged and
ill-timed. "We're not unhappy. But we still want answers to some
questions."
Amid a mire of legal argument, shareholders were not permitted to
vote directly on the proposed election of Mr Killen and two other rebel
nominees to the board, Alf Smiddy and Peter Brennan.
Speaking after the marathon three-hour AGM in the Shelbourne Hotel in
Dublin yesterday, Mr Killen said that he would engage with his
solicitors to see if legal action should be taken in light of the manner
in which the vote to elect directors took place. He also said he had not
yet decided whether to call an extraordinary general meeting of One51 in
an attempt to seek further clarification on a number of matters.
"We will have to look at our options," he said.
The Irish Times reports that the extent of the Financial Regulator’s involvement in Seán
Quinn’s purchase of almost 15 per cent of Anglo Irish Bank has
emerged in a confidential letter seen by the newspaper.
The prudential director at the regulator, Con Horan, signed off
on a €169 million loan from Anglo to the Quinn Group to fund the
purchase of the bank’s shares in July 2008.
It was unclear until now if the regulator or who within the
regulator’s office had approved the bank’s loans to Quinn to buy
shares in the bank.
Under company law, a business is prohibited from lending to
an individual to buy shares in that company, but certain
exceptions are permitted.
Mr Horan stepped down as prudential director at the regulator
as part of the restructuring of the Central Bank in the
aftermath of the banking crisis. He took over as special adviser
to the new head of regulation, Matthew Elderfield, moving to the
role created at the reformed Central Bank in December 2009.
The letter shows how Mr Horan told Anglo that the bank should
adjust its capital levels to take account of the €169 million
loan.
Mr Horan, who at the time of the share purchase reported
directly to former head of regulation Pat Neary, forced Anglo to
deduct the same sum from its capital reserves in an attempt to
encourage the bank to refinance the debt with another lender.
The €169 million loan remains part of the €2.8 billion debt
still owing by the Quinn family to the now State-owned bank.
Anglo’s loan was provided to the group founded by Mr Quinn as
part of the unwinding of his family’s indirect investment in
Anglo, which rose to 28 per cent at its peak, into a direct
shareholding of almost 15 per cent in the bank.
Mr Horan wrote to Anglo’s then chief financial officer Matt
Moran on July 25th, 2008, saying that the regulator felt the
bank should take a deduction from the bank’s “total own funds” –
shareholders’ funds held to maintain a bank’s solvency – for the
full €169 million loan.
“I refer to our recent telephone conversations and ongoing
communication in relation to the exposure of the Quinn Group
(Quinn),” wrote Mr Horan in the letter marked “strictly private
and confidential”. “Specifically, I refer to the recent loan by
Anglo to Quinn for an amount of €169 million to finance his
holding in Anglo shares.”
He told Mr Moran that, as discussed, the regulator “considers
it appropriate that Anglo take a deduction from Total Own Funds
for the full amount of €169 million for solvency purposes until
such time as this facility is refinanced”.
“It is noted that it is expected to take between two to three
weeks before the requisite structures are in place to facilitate
the refinancing of this amount,” Mr Horan wrote.
Last night a spokeswoman for the Financial Regulator said she
could not comment as the matter was the subject of a criminal
investigation.
The Quinn Group also declined to comment.
The Quinn family lost €3 billion primarily on its investment
in Anglo but also on other shares.
The bank took security over the family’s shares in the Quinn
Group in return for loans to buy stock.
The family bought the 15 per cent stake after unwinding their
interest in Anglo through contracts for difference (CFDs), a
high-risk investment that allows individuals take an interest in
a firm through borrowings and without declaring it publicly.
The purchase of the stake was announced in mid-July 2008 and
completed the following month.
Some 10 per cent of the family’s remaining indirect interest
was sold to 10 Anglo customers in a deal managed by Anglo and
financed by the bank to support the Anglo share price at a time
of market volatility.
This “share support scheme”
is being investigated by the
Garda Bureau of Fraud Investigation and the Director of
Corporate Enforcement Paul Appleby.
Anglo had put pressure on Mr Quinn to unwind his indirect
interest as institutions providing the CFDs had loaned the
underlying shares to short-sellers – investors who profit from
falling share prices – who were betting against the bank.
The Irish Times also reports that the splinter groups of One51 shareholders took it in turns to
applaud their guy.
Later in the investment group’s three-hour
agm in the Shelbourne Hotel, there would be dark mutterings
about investigations and blackmail and “the long grass”.
But for starters, One51 founder Philip Lynch opted for the
more standard Powerpoint defence.
Displaying a chart showing what rebel shareholder Gerry
Killen calls “a ragbag of disparate businesses”, Lynch professed
himself satisfied with his own performance, “bearing in mind
that 2009 wasn’t a good year for anyone, as you very well know”.
The problem is, Lynch isn’t just anyone, and as a result of
his pulling power, not just anyone was nursing losses from
One51.
“The executives of One51 believe they are in some way
protected from the financial crisis,” said Michael Soden, former
Bank of Ireland chief executive, who very calmly addressed
“Philip” in the manner of a teacher who’s not angry, just
disappointed.
“Some shareholders might rightfully feel they are funding a
lifestyle that is inconsistent with the performance of the
company,” Soden noted.
Broadcaster Ivan Yates, an independent director of One51,
assured shareholders that while recent reports had troubled him,
as far as its investments were concerned, One51 was “no better
or no worse than anyone else”.
There was more damning with faint praise from financier
Paschal Taggart, who was incredulous that the directors would
not reveal the nine executives who shared in the disputed €2
million patent payout.
“By the way,” he clarified: “I don’t blame Philip for losing
my money. I’ve lost more money with the banks.”
By the time the now malfunctioning Shelbourne mics got to the
pinstriped rebel Gerry Killen, he was clearly in the mood for
the odd joke.
He’d played golf with Lynch in the past and
“I hope we’ll
play again”. Lynch shook his head, as the laughter rippled.
“When I wake up in the morning and look in the mirror, I want
to see George Clooney, but that’s not who’s looking back at me,”
Killen continued. “There are people on this board who still
think they’re George Clooney.”
Lynch returned to the podium with an identity quibble of his
own.
“His motives I wonder about, because it’s not the Gerry
Killen I knew,” he said enigmatically, before thanking Killen
“for getting us into the Sunday Business Post”.
Killen “wanted to be an heir apparent to Philip Lynch”,
claimed Lynch, before digressing into how he had only had
one-and-a-half days’ holidays all year. (They were in Spain.)
If shareholders wanted to vote Killen and his associates onto
the board, they could “go right ahead”, declared Lynch. The
“make my day” was silent.
There was no vote, of course: a bank of proxy votes and some
legal stonewalling prevented that, and the queue for the soup
began.
The Irish Examiner reports that the Director of Corporate Enforcement has referred at
least 15 cases to the Garda fraud squad as part of its investigation of
the banking crisis.
Enterprise Minister Batt O’Keeffe revealed the figure as he rejected
claims by Fine Gael finance spokesman Michael Noonan of political
foot-dragging in the probe into Anglo Irish Bank.
But Mr O’Keeffe said it is "absolutely outrageous" that Mr Noonan would
ask the Government to interfere with the judiciary in relation to the
Garda probe into Anglo. "The judiciary is independent of all of the
state institutions. It has to have regard for all of the rights of the
individual under the constitution and surely Michael Noonan is not
asking our Government to interfere with the judiciary. If he is, it is
an outrageous call and a call that we reject out of hand."
He said the Government wants to ensure people who have "fractured the
law or broken the law be held responsible and accountable".
"Look, it would suit us as a Government if the action was taken tomorrow
morning — we would love that.
"But you have to stand back and realise that gardaí have a job to do —
that is to ensure they can put forward a case that will be taken up by
the Director of Public Prosecutions and, until such a time as the
gardaí, in terms of the fraud they are investigating, are clear-cut
about what they can bring to a court of law, we must have patience and
let them get on with their job.
"We, as a Government want to ensure that anybody, who breaks the law is
subject to that law and is penalised by that law.
"But we, as a Government, also understand that there are processes to
which people have to follow. One is that a person is innocent until
proven guilty. The state will not take action against a person unless
there is a clear-cut case and it can be proved in a court of law."
The minister revealed that he has met Paul Appleby, the Director of
Corporate Enforcement, to discuss the progress of the Anglo probe and he
indicated that the Government wants to make the probe as efficient and
effective as possible.
"During the course of that meeting, it was indicated to me that there
were a number of cases that he [Paul Appleby] felt could not be pursued
by himself… He has now referred at least 15 cases to the fraud squad for
them to investigate."
Mr O’Keeffe said not all the cases related to Anglo but to the wider
investigation into the banking crisis.
A spokesperson for the Office of the Director of Corporate Enforcement
declined to comment. However, the Garda investigation into the €7
billion transactions between Anglo and Irish Life & Permanent is now
believed to be at an advanced stage.
The second stage of the Commission of Investigation banking inquiry is
under way and a separate independent review of the Department of
Finance’s role in the crisis is due to be completed this year.
The minister also revealed details of a "plain-talking" meeting he,
Finance Minister Brian Lenihan and Communications Minister Eamon Ryan
had with AIB officials on Monday to discuss lending to SMEs. He said the
bank has committed to make €6bn available over the next two years,
particularly in Cork, where the bank has its strongest base.

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per month demanded; Bangladesh’s 2m garment workers – the lowest paid in the
world, with minimum salaries of just $23 per month – will see their minimum pay
rise to $43 per month. Officials said that would also include their medical and
housing allowances.
Research says climate change undeniable - - NOAA and Met Office find ‘human
fingerprints’ on environment; Pat Michaels, a prominent climate sceptic,
ex-professor of environmental sciences and fellow of the Cato Institute in the
US, said the NOAA study and other evidence suggested that the computerised
climate models had overestimated the sensitivity of the earth’s temperature to
carbon dioxide. This would mean that the earth could warm a little under the
influence of greenhouse gases, but not by as much as the IPCC and others have
predicted.
Day of the Jackal:
John Gapper on
Andrew Wylie 'Kindling' antagonism - - On the financial side, publishers have a
pressing need to stop wasting money.
When the industry was better off than
now, and Mr Wylie was first striding the
landscape on behalf of his authors, it
made some sense to pay a lot upfront to
secure writers. Not all bets paid off –
in fact, most did not – but publishers
were venture capitalists; one hit made
up for many misses. Those economics no
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Russia confirms $29bn asset sales - - Three-year programme biggest round of
sell-offs since 1990s.
India warns on slowdown in capital flows - - Comments highlight emerging
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Bank of India, told the Financial Times that the expectations of the world’s
senior economic policymakers about the volume of capital inflows in emerging
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Banks plan for loss of eurozone member - - Early-stage planning to deal
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likelihood of such an event occurring”, but that the organisation had decided to
establish a group to “explore the different scenarios in which a country may
leave the eurozone and consider what legal and documentation issues could arise
in each for the (over-the-counter) derivatives markets and what steps would be
necessary in order to address them”.
Beige Book survey reports signs of slowdown - - US economic activity has
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US
borrowers pay down mortgages - - More homeowners are paying down their
principal balances when they refinance their mortgages, reversing a trend that
became popular during the housing bubble, when rising prices allowed borrowers
to “cash out” by taking on more debt, Freddie Mac, the government-sponsored
mortgage finance company, said.
Opinion: Bernanke must end the era of ultra-low rates -
- The market now thinks that whenever the financial sector’s actions
result in unemployment, the Fed will respond with ultra-low rates and easy
liquidity, writes Raghuram Rajan.
Cameron warns Pakistan over terror -
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Catalonia votes to ban bullfighting -
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out a human skull and mandible, turning them over in his hands and examining
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former computer technician who had been
unemployed for two years before he was hired in
May by Gallery Guichard, a private gallery in
Chicago. Mr. Edwards now earns $10 an hour,
financed by the government, through the
Put Illinois to Work program, to maintain
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He has also become the gallery’s star
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