Traduction de «Compte débiteur des prêts aux actionnaires » (Français → Anglais) :

With a view to the above-mentioned legislative proposal(s), the Commission should examine ways of addressing the issues arising when banks lend huge amounts of money to acquirers, including private equity, and then disclaim any responsibility whatsoever as to the purpose for which that money is used or the provenance of the money used to repay the loan, bearing in mind that these points ultimately remain the responsibility of the debtor and that capital requirements for comparable risks must be the same across the entire financial sys ...[+++]tem.

With a view to the above-mentioned legislative proposal(s), the Commission should examine ways of addressing the issues arising when banks lend huge amounts of money to acquirers, including private equity, and then disclaim any responsibility whatsoever as to the purpose for which that money is used or the provenance of the money used to repay the loan, bearing in mind that these points ultimately remain the responsibility of the debtor and that capital requirements for comparable risks must be the same across the entire financial sys ...[+++]tem.

43. Believes that hedge funds could help strengthening corporate governance practices by increasing the number of investors that make active and informed use of their shareholder rights; is concerned, however, that some hedge funds might boost their voting power at low costs through a variety of different mechanisms such as stock lending and borrowing; recognises that the latter is not only undertaken by hedge funds; suggests that the Commission should examine the feasibility and practicability of a provision that stipulates that where stock is held for the account of investors, a stock lending agreement must contain the right for the ...[+++] lender promptly to recall his shares and that if no recall takes place, the borrower should be allowed only to exercise the voting rights in accordance with instructions from the lender;

43. Believes that hedge funds could help strengthening corporate governance practices by increasing the number of investors that make active and informed use of their shareholder rights; is concerned, however, that some hedge funds might boost their voting power at low costs through a variety of different mechanisms such as stock lending and borrowing; recognises that the latter is not only undertaken by hedge funds; suggests that the Commission should examine the feasibility and practicability of a provision that stipulates that where stock is held for the account of investors, a stock lending agreement must contain the right for the ...[+++] lender promptly to recall his shares and that if no recall takes place, the borrower should be allowed only to exercise the voting rights in accordance with instructions from the lender;

43. Believes that hedge funds could help strengthening corporate governance practices by increasing the number of investors that make active and informed use of their shareholder rights; is, however, concerned that some hedge funds might boost their voting power at low costs through a variety of different mechanisms such as stock lending and borrowing; recognises that the latter is not only undertaken by hedge funds; suggests that the Commission should examine the feasibility and practicability of a provision that stipulates that where stock is held for the account of investors, a stock lending agreement must contain the right for the ...[+++] lender to promptly recall his shares; if no re-call takes place, the borrower should only be allowed to exercise the voting rights in accordance with instructions from the lender;

This also applies to cases of non-compliance by a counterparty with the rules for the use of underlying assets (if a counterparty is using assets which are or which have become ineligible, e.g. due to close links between, or identity of issuer and counterparty), and to non-compliance with the rules for end-of-day procedures and access conditions to the marginal lending facility (if a counterparty which has a negative balance on the settlement account at the end of the day does not fulfil the access conditions for the marginal lending facility).