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Minter Ellison Rudd Watts News

Feltex: Corporate governance and compensation

3 August 2010

 

Today, senior Minter Ellison Rudd Watts partner and corporate law specialist, Lloyd Kavanagh spoke to RadioLive Business Editor and ‘World at Noon’ program host Andrew Patterson about corporate governance and compensation, after the directors of Feltex were this week cleared of Financial Reporting Act breaches and all criminal charges brought against them over the collapse of the company.

 

Feltex was listed on the stock exchange in 2004 and in receivership two years later, with the five directors then charged with failing to disclose the company was in breach of its bank loan.  The directors will now reportedly pursue compensation for the past four years.

 

During the interview, Kavanagh and Patterson discuss what New Zealand precedents exist around this area that could be used as the basis for determining a compensation claim and what might they be able to claim for.  They also discuss the potential future impact of this decision, when the Companies Office (or in the future the Financial Markets Authority (FMA)) is deciding on which prosecutions to undertake, and the importance of this decision for directors of public companies generally.
 
The establishment of a new, integrated, market conduct regulator, the FMA, was announced by Commerce Minister Simon Power in May 2010 and will be an independent Crown entity which will consolidate the powers and functions of the Securities Commission, some of the functions of the Registrar of Companies and the Government Actuary, and some of the regulatory roles of NZX. The FMA intends to begin its work early in 2011.
 
We invite you to click here to listen to an audio transcript of the RadioLive interview, or to contact Lloyd Kavanagh for more information.




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