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Decision of the FSMA Sanctions Commission in the Nyrstar case challenged before the Market Court
The Market Court recently received a petition for the annulment and reform of the decision of the Sanctions Commission of financial watchdog FSMA in the Nyrstar case. The commission had found Nyrstar NV guilty of market manipulation. The company was fined €80,000, but its board members were acquitted. The commission ruled that there had been insufficient investigation into their individual roles in the manipulation. That ruling is now being challenged. The ball is therefore i
Nov 52 min read


Belgian regulator says Nyrstar misled market over liquidity before restructuring.
The FSMA Sanctions Commission did find misleading practices at Nyrstar and convicted it of market manipulation related to its liquidity position prior to the restructuring. The other allegations, despite having been thoroughly analyzed for four years by the FSMA Auditor, were dismissed two years later, after six years of proceedings, including five days of closed-door hearings, without even consulting the minority shareholders' union that had been working on the case for more
Oct 162 min read


Complex Governance Reduces Belgium’s Market Watchdog to a Wagging Puppy
“Together, we can make our societies open for business but closed for crime.” The words of Belgian Prime Minister Bart De Wever at the United Nations still resonate as I work my way through the 146-page decision of the FSMA Sanctions Committee on market manipulation at Nyrstar NV. The Committee’s mandate was clear: to determine the sanctions for four violations identified by the FSMA’s auditor after years of investigation. His exhaustive reports left little doubt that Nyrstar
Oct 145 min read


Good corporate governance is not a checkbox exercise.
In this short video, Bart De Smet, Chairman of the Corporate Governance Committee, reflects on the independence of board members and the...
Sep 162 min read


Nyrstar Deserves Resolve, Not Defeatism
Is Nyrstar’s board of directors truly caught between a rock and a hard place? That metaphor positions the board as a victim. In reality,...
Aug 13 min read


Independent director or loyal spokesperson?
The financial newspaper De Tijd published an opinion by Kris Vansanten in which he argues that Nyrstar should finally act in line with...
Jul 312 min read


Board of Directors under fire at General Assembly Nyrstar NV : €5 million per year for an empty shell
Minority shareholders sound the alarm about poor governance, conflicts of interest, mismanagement, and excessive spending. Nyrstar NV, a...
Jun 255 min read


Nyrstar's board of directors is sinking further into its self-created quagmire.
Another unexpected twist in the Nyrstar case: Kris Peeters withdraws as candidate director. What could be going on? Kris Peeters - ©...
Jun 192 min read


A Sector Ban to Restore Trust in Corporate Governance
The integrity of corporate governance is under increasing scrutiny — and rightfully so. Belgium’s recent history has shown how vulnerable...
Jun 152 min read


The Nyrstar Case: A Textbook Principal-Agent Problem
The classic 'principal-agent problem' played a central role in the Nyrstar case. Kris Vansanten describes how board members and legal...
Apr 52 min read


Reflections around the hearing to strengthen Belgium's capital market
"The protection of minority shareholders and the strengthening of the Belgian capital market require well-founded analysis and policy....
Jan 281 min read


When Loyalty Clashes with Duty: Legal Battle Brews at Nyrstar
It appears that, as part of the restructuring of Nyrstar, the listed residual company Nyrstar NV was transformed into a shell company...
Aug 31, 20242 min read


Keep (or not) quiet, little one
When the grown-ups talk, the little ones must be silent. This was a familiar scene at many family tables for a long time. In the business...
Jul 22, 20245 min read


Politicians, it is now your turn to act!
After more than five years of struggle by a group of minority shareholders against Trafigura's takeover of Nyrstar, and with the facts...
Mar 28, 20241 min read


Ladies and gentlemen, politicians, the floor is now yours.
Following more than five years of minority shareholders fighting against the alleged fraudulent takeover of Nyrstar by Trafigura, and...
Mar 28, 20241 min read


Luc Tack must regain the trust of Tessenderlo investor
'The market seems to have completely lost confidence in Tack,' says Naard Broeckaert, a renowned asset manager. Why is that? Tessenderlo...
Mar 25, 20242 min read


Auditor Deloitte hedges its bets on conviction in Nyrstar case
Following a period of over four years during which we have been urging the former and current commissioners of Nyrstar to take...
Feb 13, 20242 min read


Two cases against Trafigura on suspicious payments
This year, Saint Nicholas once again generously distributed gifts to all the well-behaved children. The minority shareholders of Nyrstar,...
Dec 6, 20232 min read


Accounting firms accused of ‘operating with impunity’ as regulator flags growing number of flawed audits
Investigative journalism by the International Consortium of Investigative Journalists (ICIJ) shows that (i) US regulators are...
Jul 31, 20231 min read


Audit firms fight to block expansion of fraud detection role
The US is preparing new rules to increase the responsibility of audit firms with respect to corporate fraud. These new rules would widen...
Jul 30, 20232 min read
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