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The Irish Independent reports that State-owned Anglo Irish Bank is to take control of Arnotts, the historic
Dublin department store struggling to pay huge debts of €260m.
In a
surprising twist to the banking saga, Anglo, which was bailed out by
taxpayers, is now set to control the iconic department store, which
opened in 1843. Anglo, which is receiving €22bn of taxpayers' money, has informed the
EU Commission it intends to have "joint control" over Arnotts, along
with fellow lender Ulster Bank. From this morning, the banks will take effective control of the shop.
But the store will open for business as usual. It is understood that
none of the company's 950 jobs is under threat.
Radical: The two banks have lent the department store €260m and a radical deal
to restructure these debts is now on the cards as the bank tries to claw
back as much cash as possible, sources confirmed last night.
The two banks are not expected to run the store on a day-to-day
basis, but will have a major influence over its future plans. Because
Anglo Irish Bank is state-owned, the EU Commission has to approve the
deal and any objections have to be submitted by August 9.
Anglo Irish declined to comment last night on its plans, citing
"client confidentiality". The bank is seeking to recover as much value
as possible for the taxpayer from borrowers who have found it difficult
to meet their loan repayments, among them Arnotts Holdings, the firm
that runs the store.
Earlier this year, Arnotts reached a deal on its debts that saw
Ulster Bank and Anglo injecting more money into the company. The debts
were run up by Arnotts on its Northern Quarter development in Dublin's
city centre.
The company had proposed a huge €750m redevelopment of a 5.5-acre
block bordered by Henry Street, Middle Abbey Street, Liffey Street and
O'Connell Street, into a new shopping, entertainment and residential
quarter.
The quarter was to have 47 shops and 14 cafes, restaurants and bars,
around 175 apartments and a four-star hotel.
Arnotts also went ahead with a trendy new store in the Jervis Centre.
That closed this year.
Deal: Sources said while this debt deal remained in place, a wider
restructuring deal is on the cards between Arnotts and its lenders. The
department store could not make anyone available last night to discuss
its future relationship with Anglo.
The company is 55pc owned by barrister Richard Nesbitt and his
family, with the remainder of the shares held by Anglo Irish and
Boundary Capital. Earlier this year, Boundary said it was facing a
virtual wipe-out on its stake. Contacted last night by the Irish
Independent, Mr Nesbitt declined to comment.
Earlier this year, Arnotts' marketing director Jayne O'Keeffe said:
"It is standard practice for the banks to support the future direction
of the business." At that stage the banks had opted not to convert their
debts into shares in the company, but this may now change.
The Irish Independent also reports that Ryanair boss Michael O'Leary sold nearly €20m of shares in
the airline yesterday.
The carrier's shares have soared in recent weeks amid
confirmation of a €500m dividend that will be paid to
shareholders in the autumn and a robust financial
performance.
Mr O'Leary, who before yesterday owned more than 60
million shares, or 4.04pc of Ryanair, is understood to have
offloaded five million shares at €3.90 each. That resulted
in a gain of €19.5m, which is then subject to capital gains
tax of 20pc, making for a €3.9m windfall for the exchequer
and leaving Mr O'Leary with €15.6m.
But the sale by Mr O'Leary will mean he'll miss out on a
€1.7m payment from the dividend fund when it's distributed
to shareholders in October.
A person must be in possession of Ryanair shares at the
cut-off date of September 15 if they are to receive a share
of the dividend spoils when cheques are sent to investors on
October 1. The dividend payment has to be approved by
shareholders at the airline's annual general meeting on
September 22, but that's certain to be a mere formality.
Following yesterday's sale, Mr O'Leary is left with just
over 55 million shares that are currently worth €211m based
on yesterday's closing price of €3.83. That will still mean
he'll be in line for a dividend payment of €18.5m come
October.
Last year, Mr O'Leary also sold 5 million shares at €3.75
each, resulting in proceeds of €18.7m.
Shares in Ryanair closed down 2.9pc, or 11 cent in Dublin
yesterday, when it emerged that Mr O'Leary had sold stock.
The airline never comments on share sales by executives.
Ryanair confirmed recently that it would make the €500m
dividend -- its first ever -- payment this autumn after
talks with US aircraft manufacturer Boeing to place a
massive order for new aircraft broke down before Christmas.
"Frankly, we don't have any other use for the money," Mr
O'Leary said recently.
The airline is also preparing to pay a further €500m
dividend to shareholders, probably in 2013.
Mr O'Leary was paid €595,000 for his role as chief
executive at Ryanair in the year to the end of March, after
he took a voluntary 10pc pay cut. His bonus for the period
was almost cut in half, to €241,000.
Last week, Ryanair reported a pre-tax profit of €105m for
the three months to the end of June after it shouldered a
€50m charge related to the volcanic ash fallout.
The Irish Times reports that dissident shareholders of investment group One51 have raised
further question about controversial tax-free royalty payments
to executives.
Shareholders are due to hear an explanation for
the payments from the company when they gather for its annual
general meeting in Dublin today.
Last night the dissidents claimed to have uncovered that the
€4.96 million tax-free payment was made on foot of a patent that
had not yet been granted.
Patent lawyers hired by the shareholders had established that
the first patent – for a type of paint tin lid – was granted on
August 6th, 2008.
This was some six weeks after the related payment was made to
a series of companies before being paid out to unidentified
executives.
Former One51 executive Gerry Killen, who is the unofficial
leader of the “campaign for change at One51”, claimed the
decision to make the payment before the patent was received was
unusual, given the scale of the payment and the quality of the
patent and raised questions about its true purpose.
“It is highly questionable as to how this valuation was
arrived at, where there was no demonstrable revenue stream for
the patented product,” Mr Killen said.
“Given the scope of the patent was very limited, with
hundreds of similar competing patented technologies in Europe,
and the fact that it related to a simple mechanical technology,
we have been advised by a patent and trademark attorney, that
typical royalties for patents of this kind would be in the
region of 1-2 per cent.
“It appears incredible that the company could claim that this
value would have been paid at arm’s length by an unrelated
party, as required under the relevant legislation.”
Mr Killen said there appeared to be “no commercial motive for
this value, other than the ulterior motive to allow a small
number of executives to benefit from what is effectively the
maximum threshold allowable under the tax-free patent income
scheme (namely €5 million)”.
He said the group awaited the company’s explanation as to how
the value was arrived at.
A One51 spokesman said the companies advisers KPMG and LK
Shields had reviewed the transaction.
He said that the key issue was that the filing date of the
patent was December 20th, 2007, and that patent, once granted,
was in force for 10 years from that date.
The latest allegations came on the eve of what is expected to
be a difficult meeting for chief executive Philip Lynch, who
will be under pressure to explain the purpose of the scheme
which was not disclosed to shareholders.
The dissident shareholders are seeking the election of three
directors to the board of the company, which they claim has lost
its way under Mr Lynch.
They are seeking the election of Mr Killen along with former
Beamish Crawford chief Alf Smiddy and ex-Ibec director of
European affairs Peter Brennan.
The shareholders have submitted a series of question to the
board about the payments which relate to a patent held by a
subsidiary called Protech Performance Ltd.
The payments were routed through a series of companies and 40
per cent of the €4.96 million was paid to up to nine individuals
in the company.
The shareholders group wants the company to disclose the
identity of the recipients.
It is also seeking an explanation for the use of an elaborate
chain of companies and the whereabouts of the remainder of the
€4.96 million.
The Irish Times also reports that a receiver has secured a High Court injunction restraining a
businessman from preventing him taking possession of a hotel,
pub and nightclub employing more than 100 people in Tallaght.
The injunction continues pending the outcome of a full action
over the receiver’s appointment.
Declan Taite, a receiver
appointed by Irish Nationwide Building Society (INBS), secured
the order against Laurence O’Mahony, Shrewsbury Road,
Ballsbridge, Dublin, and three of his companies after alleging
he was being prevented from securing the property.
Mr O’Mahony and another businessman, Thomas McFeely,
Ailesbury Road, Ballsbridge, allegedly owe €59 million to INBS
arising from various loans and guarantees.
Mr Justice Brian McGovern granted Mr Taite and INBS an
injunction restraining Mr O’Mahony, the Tallaght Plaza Hotel
Ltd, Codex Taverns Ltd and Oakleaf Construction Ltd preventing
or obstructing the receiver getting into and securing the Plaza
Hotel Complex, Belgard Road, Tallaght.
The judge said he was satisfied to grant the injunction
because the receiver did not have control of the property and
could not carry out his tasks.
Mr Justice McGovern also made orders preventing the
defendants from entering upon the property and requiring them to
deliver up the keys, alarm codes, locks and all other security
and access devices.
Lyndon MacCann SC, for Mr Taite, said the INBS appointed his
client as receiver last June. The appointment arose out of a €51
million loan given by INBS to Mr O’Mahony and Mr McFeely, in
December 2005, to refinance borrowings on a mixed development in
Tallaght.
Mr MacCann said the total amount outstanding was some €59
million with daily interest of €11,500 accruing. Repayments on
the loans had been sporadic since April 2007 and none had been
made since November last.
While there had been no issue between Mr McFeely and the
receiver, Mr O’Mahony had resisted the appointment, claiming he
had agreements with the defendant companies in relation to the
property, Mr MacCann said.
Mr Taite had concerns for the business because he was not in
control of the day-to-day running of the business, he added. Mr
Taite was informed, as a result of management agreements signed
in 2009, that Tallaght Plaza Hotel Ltd was the operator of the
122- bedroom hotel while Codex Taverns Ltd operated the
adjoining licensed premises.
Oakleaf Construction Ltd also claimed it had a licence in
respect of car-parking spaces on the property.
Mr MacCann said the management agreements did not prevent Mr
Taite taking possession of the property.
Opposing the application, Alistair Rutherdale, for the
defendants, said Mr O’Mahony had no difficulty having a receiver
appointed over his and Mr McFeely’s interest in the property,
but the receiver was not entitled to remove the two management
companies in occupation of the hotel and the adjoining bar.
The orders being sought against his clients were mandatory in
nature and should not be granted, Mr Rutherdale argued.
Mr Justice McGovern said both sides agreed there was a fair
issue to be tried related to the appointment of a receiver in
circumstances where management agreements exist. He was also
satisfied damages would not be an adequate remedy as he “could
not overlook” the “very substantial debt of almost €60 million
involved”.
He was satisfied the balance of convenience lay in granting
the injunction at this stage as, on the evidence, Mr Taite could
not carry out his task as receiver “adequately or properly.”
While he was expressing no view on the agreement between the
management companies and Mr O’Mahony in relation to the
property, such arrangements could not impede the court from
granting the orders sought, the judge ruled.
The Irish Examiner reports that up to 50% of businesses have experienced instances of
serious fraud in the last two years — well above the global average —
according to a survey.
The 11th edition of the Global Fraud Survey from professional
services firm Ernst & Young includes Ireland for the first time. As
such, there is no clear picture of how the situation has changed in the
country over recent years. However, the global average, according to the
survey, is 16%, with approximately 21% of companies in Western Europe
experiencing fraud activity in the same timeframe.
According to Ernst & Young’s Julie Fenton: "These figures are perhaps
unsurprising given the credit crunch and ensuing recession. There has
been increased pressure on businesses and board members to maintain
financial results in difficult conditions, which has encouraged new
frauds."
However, Ireland fares better than most countries when it comes to
actually doing something to combat fraud. According to the findings, 70%
of Irish companies have a clear process for reporting incidents to their
board, compared to 50% of companies on a worldwide scale, and 50% of
Irish companies have a response plan compared to 39% of global firms.
However, on a whole, Irish companies are still more vulnerable to fraud
than the international average.
Some 40% of Irish companies have never assessed the risk of fraud to
their business. The global average is 14%.
"Ireland is well-prepared in some areas of fraud management, but it is
still seriously exposed in other key areas," said Ms Fenton.
"The fact so many businesses in Ireland have no formal policy towards
handling fraud risk is truly alarming considering Ireland is
experiencing greater incidence of fraud attacks than many other
countries," she added.
Ms Fenton said: "Despite the pressure on corporate resources, prioritising anti-fraud and anti-corruption efforts is essential."
Although this marks Ireland’s debut inclusion in the global survey, it
was featured in Ernst & Young’s European fraud survey last year.
When asked in that survey if they expected to see an increase in fraud
over the following 12 months, 59% of Irish respondents answered yes. The
European average is 55%.
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Editor's
Picks:
Threat to outsourced workers’ benefits - - UK code on transferring public
sector jobs could be scrapped; Under European legislation, workers transferred
to the private sector have much of their employment terms and conditions
protected. But under a voluntary two-tier workforce code agreed between the
unions, employers and the Labour government in 2003, new recruits are offered
terms that overall are “no less favourable” than those of transferred employees.
Dudley vows new BP safety culture - - Effort to rebuild image after oil
spill and $17bn loss; Hayward will remain on BP’s board until November 30 and
will be nominated as a director of TNK-BP, the company’s Russian joint venture.
Mr Hayward will be able to take his pension when he is 55, in two years, and is
taking a year’s salary of £1.045m ($1.6m). His pension pot was worth £10.8m at
the end of last year.
Luke Johnson: BBC does business a
dramatic disservice - - Dragon’s Den is a cartoon masquerading
as factual television. It has more in common with broadcast wrestling than the
real world of investing. The very idea that genuine venture capital takes place
in such a ludicrous way is a farce. It is obvious that many misguided projects
are encouraged to present because they provide a few cheap laughs. Does it serve
the cause of enterprise to have multimillionaires humiliate inventors, and
cackle like schoolboys while treading on people’s dreams? But the BBC – despite
being a public service broadcaster – doesn’t care. It all feeds the ratings
monster, even if it does a disservice to innovation and the private sector.
Wolf
Exchange: The genius of
supply-side economics - -
(blog post) To understand modern Republican
thinking on fiscal policy, we need to go back to perhaps the most politically
brilliant (albeit economically unconvincing) idea in the history of fiscal
policy: “supply-side economics”. Supply-side economics liberated conservatives
from any need to insist on fiscal rectitude and balanced budgets. Supply-side
economics said that one could cut taxes and balance budgets, because incentive
effects would generate new activity and so higher revenue.
World economy: Vulnerable to vertigo
-- Four main risks that there will be a double-dip recession; Of course, Mr
Trichet knows the future no better than Mr Bernanke, Mr Roubini or Mr Buiter.
And apart from in the very short term, economic forecasts impart little valuable
information. Using past forecast errors as a guide, the new UK Office for Budget
Responsibility sees an 80 per cent chance that the British economy will grow
between a negative 0.4 per cent and a positive 4.7 per cent in 2011, a range so
wide it encompasses both boom and bust. Not much more helpful in divining the
future is its calculation that there is a 50:50 chance that 2011 growth will
either be below 1.2 per cent or above 3.9 per cent.
Surge in eurozone mortgage lending - -
Data suggest market may be on way back; Julian Callow, European economist at
Barclays Capital, said the housing pick-up had been helped by the exceptional
measures taken to counter the economic crisis. “The
action of the ECB is really helping to keep down mortgage rates. It ought to be
followed by an improvement in corporate lending activity.”
Japan dividend yields in line to outshine US - - Tokyo’s days as the dud of global equity markets could be
numbered; For the first time since at least 1980, yields on Japanese dividends
are starting to look a more attractive prospect than those on US pay-outs,
according to analysts. For income investors, this could be a significant shift.
If sustained, it could move the unwanted kid in the playground up the pecking
order.
Access to the New York Times is currently free. If you are not registered, click
here.
Editor's
Picks:
On
the Surface, Gulf Oil Spill Is Vanishing Fast; Concerns Stay
- - The oil is clearing much faster than expected, but concern remains over the
unseen effects; Reporters flying over the area Sunday spotted only a few patches
of sheen and an occasional streak of thicker oil, and radar images taken since
then suggest that these few remaining patches are quickly breaking down in the
warm surface waters of the gulf.
Passenger Plane Crashes Near Pakistani Capital
- - Officials said Wednesday that a passenger plane carrying at least 152 people
had crashed into the hills near Islamabad amid thick fog and heavy rainfall.
House Approves Money for Wars, but Rift Deepens
- - The House approved a war funding bill, but Democrats splintered after a leak
of documents showing the Afghanistan war was not going as well as portrayed.
The Case for $320,000 Kindergarten Teachers
- - A new study found students with better teachers learned more in kindergarten
— and earned more as young adults; Just as in other studies, the Tennessee
experiment found that some teachers were able to help students learn vastly more
than other teachers. And just as in other studies, the effect largely
disappeared by junior high, based on test scores. Yet when Mr. Chetty and his
colleagues took another look at the students in adulthood, they discovered that
the legacy of kindergarten had re-emerged.
Texas Battles Health Law Even as It Follows It
- - An awkward dichotomy exists in many of the 21 states that are challenging
the health care act, but are nonetheless required to follow it while their cases
move through the courts; There are more uninsured residents of Texas — 6.1
million and counting — than there are people in 33 states. The state’s elected
officials might be expected, therefore, to cheer a federal health care law that
is likely to deliver billions of dollars from Washington to Austin and cover
millions of low-income Texans.
Want the Good News First? - -
The Gulf Coast doesn’t look so bad on the surface. But it’s the unknowns that
nobody is talking about. Thomas Friedman says: It is pretty much a tossup
for me: Who poses a greater long-term threat to America’s Gulf Coast ecosystem:
the U.S. Senate or BP? Right now, from what I’ve seen flying over the Louisiana
coast at the mouth of the Mississippi, my vote is the U.S. Senate. BP at least
seems to have finally gotten its act together and is cleaning up the oil spill.
The Senate, in failing to pass even the most modest bill to diminish our
addiction to oil and begin to mitigate climate change, has not even begun to do
its job.
Ex-Regulators Get Set to Lobby on New Financial Rules
- -Corporations are recruiting former regulators to help negotiate an avalanche
of anticipated federal rules; Nearly 150 lobbyists registered since last year
used to work in the executive branch at financial agencies, from lawyers for the
Securities and Exchange Commission to Federal Reserve bankers, according to data
analyzed for The New York Times by the Center for Responsive Politics, a
nonpartisan research group.
Wind Drives Growing Use of Batteries -
- Utilities are developing storage batteries to smooth the flow of intermittent
sources of power, like wind farms;
BP’s Blueprint for Emerging From Crisis
- - The company’s latest moves show how it hopes to continue to compete on an
equal footing with the world’s top producers.