Beruflich Dokumente
Kultur Dokumente
(in special
administration)
Meeting of creditors and clients
12 March 2015
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
Disclaimer
This presentation has been prepared by Richard Heis, Samantha Rae Bewick and Mark Granville Firmin, the
Joint Special Administrators of Alpari (UK) Limited (in special administration) (the Company) solely to comply
with their statutory duty under Rule 59 of the Investment Bank Special Administration (England and Wales)
Rules 2011 setting out the objectives of the special administration and for no other purpose. This presentation
is not suitable to be relied upon by any person, or for any other purpose, or in any other context
This presentation has not been prepared in contemplation of it being used, and is not suitable to be used, to
inform any investment decision in relation to the debt of or any financial interest in Alpari (UK) Limited
(in special administration)
Any estimated outcomes for creditors included in this presentation are illustrative only and cannot be relied
upon as guidance as to the actual outcomes for clients, creditors or other stakeholders. Any person that
chooses to rely on this statement of proposals for any purpose, or in any context, other than under Rule 59
of the Investment Bank Special Administration (England and Wales) Rules 2011 does so at their own risk
To the fullest extent permitted by law, the Joint Special Administrators do not assume any responsibility and
will not accept any liability in respect of this statement of proposals
Richard Heis, Samantha Rae Bewick and Mark Granville Firmin are authorised to act as insolvency
practitioners by the Institute of Chartered Accountants in England and Wales. The Joint Special Administrators
act as agents for the Company and contract without personal liability. The appointments of the Joint Special
Administrators are personal to them and, to the fullest extent permitted by law, KPMG LLP does not assume
any responsibility and will not accept any liability to any person in respect of the presentation or the conduct of
the special administration of the Company
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
Chairmans introduction
Richard Heis Joint Special Administrator; chairman of meeting
Samantha Bewick Joint Special Administrator
Lynn Dunne Insolvency lawyer, Ashurst LLP
Drew Sainsbury Insolvency lawyer, Ashurst LLP
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
Client demographic
Client claims by value*
7%
24%
48%
0%
58%
44%
18%
Client demographic
Client claims by volume
0%
4%
0%
1%
0%
8%
5%
21%
51%
9%
13%
88%
$0 - $99 (91,242)
$1,000 - $9,999 (4,215)
$20,000 - $49,999 (276)
$0 - $99 ($0.7m)
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
10
The contractual
position between
the company and
clients is
governed by the
Client Agreement.
Account statements
and client balances
issued
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
11
CHF
Non - CHF
Thursday 15
January 2015
Under review
Market
Friday 16
January 2015
Market
Market
12
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
13
Clients
Creditors
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
14
Where do I rank?
The assets realised fall into two categories: client money and non-client assets. The funds
realised, after costs, will be distributed to clients and creditors, as set out below
Client money realisations
Preferential creditors
(will be paid in full)
Clients
To the extent that the Client Money Pool is insufficient to repay Clients in full, any unpaid
amount will rank equally with the unsecured creditors against the non-client asset realisations
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
15
Claims Portal
Developed to agree Client claims
Cost effective and efficient method to
agree high number of Client balances
Released to majority of Clients by 3
March 2015
Envisaged available to the majority of
remaining Clients by end of March
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
16
View account
balance(s)
Dispute one or
more balance
Zero balance
No claim
Positive balance
Assign claim to
the FSCS
Claim in special
administration
Payment by the
FSCS
Distribution
from special
administration
Send explanation
and evidence
Await contact
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
No claim
17
1%
2500
44%
55%
Number of Clients
2000
1500
1000
2203
500
609
59
318
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
18
Introducing
brokers
Volume: 3,189
Value: 1.1
million
Prime brokers
Volume: 2
Value: 7.4
million
Unsecured /
trade
creditors /
employees
Volume: 380
Value: 4.8
million
Statement of Claim
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
Client money
shortfall (if
any)
No action
required
19
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
20
If you choose to accept FSCS compensation, all of your rights to claim in the administration
are legally transferred to the FSCS.
The FSCS will take assignment of the claim in the special administration for the whole of the
Clients loss (even over 50,000).
When the FSCS receives dividends, it will pay the Client any amounts that they would
otherwise have received if the Client had accepted dividends before claiming from the FSCS.
The FSCS will not make a profit on any assigned claim.
The FSCS rules require that a Client is no worse off whether you claim from the FSCS first or
whether from the Joint Special Administrators first.
Representatives from FSCS are present at the meeting and available to answer any general
questions after the meeting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
21
Example 1:
Client account balance = 80,000
FSCS initial compensation = 50,000
Initial dividend announcement of 50p/ results in a payment from the Joint Special
Administrators to the FSCS of 40,000
FSCS pays further compensation of 30,000 to claimant so he is fully compensated (total
80,000), and retains 10,000 recovery for itself
TOTAL RETURN TO CLIENT = 80,000
Please note that this is an illustrative example, as we are not in a position to
estimate the dividend amount at present.
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
22
Example 2:
Client account balance = 100,000
FSCS initial compensation = 50,000
Initial dividend announcement of 50p/ results in a payment from the Joint Special
Administrators to the FSCS of 50,000
FSCS pays further compensation of 50,000 to claimant (total 100,000), and retains
nothing for itself
TOTAL RETURN TO CLIENT = 100,000
Please note that this is an illustrative example, as we are not in a position to
estimate the dividend amount at present.
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
23
24
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
25
Employees
On appointment there were 166 employees
Employee representatives were appointed and consultation took place
All employees were retained and paid until 31 January 2015
On 30 January 2015, 104 employees were made redundant and 10 employees resigned
Those employees that were retained were split into specific workstreams including Claims
Portal development, valuation of trades and assisting the Joint Special Administrators with
their duties
At present 31 employees continue to be employed
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
26
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
27
Debtors
Once final statements are issued, those that owe money to the Company will be contacted for
payment and settlement details
Overseas affiliates
We have sought a sale for the Japanese subsidiary but as yet no offers have been made
Sale of business
As previously reported the Companys trademarks, domain names and licences were sold in
February 2015 for USD 6.0 million
We are progressing negotiations with a preferred bidder based on a transfer of part of the
Companys business
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
28
Other activities
IT and systems
The Company was heavily reliant on a substantial IT infrastructure which has had to be
secured and adapted to ensure it could support the reporting and processing requirements of
the special administration.
Property and other assets
The lease for the offices is paid up until 24 March 2015. Owing to the cost of remaining in the
current offices, the Company and its remaining employees are moving to a Regus office at
substantially lower cost.
Tax
The Company remains liable for corporation tax while in special administration.
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
29
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
30
Summary proposals
Proposals were provided on arrival
Please indicate if you require a copy
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
31
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
32
Creditors committee
Clients and creditors may establish a creditors committee
Between three and five persons may be elected
The balance of the committee between clients and creditors is set to ensure that it reflects all
interested parties
Composition is
Up to three clients (which can include the FSCS)
Up to two unsecured creditors
If more persons than indicated wish to serve in each category, members will be determined by
vote
If fewer than three persons step forward there will be no committee
All members will be required to sign a confidentiality agreement
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
33
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
34
Creditor
Astrocyte Capital Limited (represented by Mr Piero Carbone)
Go Markets Pty (represented by Mr Robert Berkeley)
If there is anyone else that would like to nominate themselves for the committee please see
Helen Mansfield and Helen Seaman at the front of the stage
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
35
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
36
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
37
Break
15 minutes
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
38
Agenda
Chairmans introduction
Key actions since appointment
Key continuing workstreams
Summary proposals
Creditors committee
Nominations currently received for
committee
Q&A in relation to proposals and conduct
Voting
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
39
Voting
Votes are calculated on the amount of a client or creditors debt
There are two classes
Clients who have claims into the Client Money Pool
Creditors
Each class votes separately
Each resolution is only approved if both classes approve it
Wholly secured creditors may attend but not vote (none identified to date)
Partly secured creditors must deduct the value of their security and may vote for the
unsecured balance
Client votes admitted based on Company records (Chairs decision)
A resolution is passed if a majority in value, of those present and voting (in person or by
proxy) vote in favour; unless
A resolution is invalid if more than half of the clients/creditors by value, who are not connected
to the Company, vote against
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
40
Resolution 2:
Resolution 3:
2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG
International Cooperative, a Swiss entity. All rights reserved.
41
Thank you