Archive for December 15th, 2011

15 December 2011

Private debt placements and crowdfunding: Government sets up taskforce on diversifying business finance

Latest BIS growth agenda initiative will examine structural and behavioural barriers to raising non-bank finance

UPDATE 16 March 2012: The Taskforce has now published its report, which we discuss in this post.

The Department of Business, Innovation and Skills yesterday announced the formation of an “industry-led Taskforce…that will examine the challenges facing business in diversifying their finance”. The context of this exercise is the difficulties that small and medium-sized businesses report in obtain bank lending, and its implicit aim is to promote different methods of non-bank lending. BIS’s press release states that the Taskforce’s focus will be:

“on debt and credit products, looking at a range of finance choices, old and new, from corporate bonds to ‘crowd-funding’”.

The reference to corporate bonds is to the recent increase in:

  • private placements of debt by unlisted companies in the UK, often offered to their own customers (see this recent effort by Caxton FX); and
  • the ORB debt market operated by the London Stock Exchange, which we discuss in this post.

“Crowdfunding” is a generic term applied to lending aggregated from a group of individuals or non-bank corporate lenders to private companies (disintermediating the banking sector in the process), of which the leading example in the UK is Funding Circle.

15 December 2011

Former board member of Siemens charged with bribery under US Foreign Corrupt Practices Act

Indictment of six former Siemens executives originated with an internal FCPA investigation by Siemens that also resulted in Siemens paying fines of $448 million

Uriel Sharef has become the first former board member of a Fortune Global 50 company to be charged under the US Foreign Corrupt Practices Act. Mr Sharef and five other former Siemens executives, and two of their agents, have been charged by the US Department of Justice for “allegedly engaging in a decade-long scheme to bribe senior Argentine government officials to secure, implement and enforce a $1 billion contract with the Argentine government”.  The details of the indictment and of the $100 million that was allegedly committed to be paid in bribes (including by physically carrying $10 million into a Swiss bank) are set out in this DoJ press release.

The most interesting aspect of this case from a compliance and governance perspective is that the indictments are the ultimate result of an investigation by Siemens itself which has resulted in a “complete restructuring” of Siemens, as described in the DoJ press release:

Follow

Get every new post delivered to your Inbox.

Join 41 other followers