A news report about the curious connection between Lehman and the Austrian BAWAG bank makes reference to the fact that Cerberus, the 'Private' Equity firm that took over the bank, has brought this investment into the Dutch Promontoria Sacher Holding. The report states 'that there the traces of this investment get lost. It is not known which other large investors besides Cerberus have stakes in the Dutch Holding and are therefore investors in BAWAG.'
While not asking for an outright ban on buy-outs we are for a long time calling for regulations that would force 'Private' Equity firms and their investors to disclose more information about their business. In this case it is not possible for depositors in the bank to make an informed judgement about the ultimate guardians of the institution. The ultimate stakeholders in the unnamed investors (likely to be pensioners and other public savers) are also kept in the dark about the activities of their trustees (management of their funds) as well as the terms and conditions of their investment.
One has to wonder about the tax status of this construction and where taxes are ultimately to be paid.
I shared some D&O questionnaire considerations on The Proxy Season Blog in
early December that I thought would be worth distributing more widely here
since...
1 day ago
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