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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


Delayed criminal investigation undermines investor confidence
Minority shareholders who suffer huge losses are left waiting for years, while courts, despite their best efforts, lack the resources to...
Sep 232 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


The stock market regulator speaks of market manipulation: “This report will strengthen the legal case against Nyrstar and its directors.”
The Nyrstar saga continues to make headlines. La Libre follows up on articles published by L'Echo and De Tijd and highlights a striking...
Sep 152 min read


FSMA auditor: Nyrstar and directors concealed €719 million in debt
Our years of appealing for transparency in the sour Nyrstar file finally seems to have been heard. In this article by Bert Broens in De...
Sep 92 min read


FSMA considers direct summons
The imminent introduction of multiple voting rights is currently sparking controversy in the media over whether sufficient consideration...
Sep 52 min read


Protect minority shareholders when introducing multiple voting rights
Listed companies will soon be able to introduce multiple voting rights in addition to double voting rights. Without robust checks and...
Sep 43 min read


Strong enforcement builds trust—and trust is the foundation of well-functioning markets.
The enforcement committee of the FSMA is expected to rule on the Nyrstar case shortly. It is high time, as it has been more than six...
Sep 32 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


A fierce communications battle lies behind the legal aspect of the Nyrstar affair.
The truncated communication from Nyrstar clearly does not please the Financial Services and Markets Authority ( FSMA ) and the Antwerp...
Apr 101 min read
How do you commit a hold-up on a Belgian listed company?
How do you commit a hold-up on a publicly traded company in Belgium? By applying a cuckoo strategy, as this video explains in less than...
Mar 141 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


The stock market regulator FSMA recently reprimanded the listed company Nyrstar in a letter.
Pleadings were held yesterday before the Turnhout District Court for the appointment of a provisional administrator at Nyrstar NV. The...
Jan 102 min read


Reality Check: Is Nyrstar’s $300 Million Loss a Real Crisis or Just Creative Accounting?
Is Nyrstar really suffering a $300 million loss due to historically low zinc processing wages, as a recent article in De Tijd seems to...
Jan 102 min read


Court adjourns decision on appointment of administrator for Nyrstar
The court in Turnhout has postponed the appointment of a provisional administrator for Nyrstar pending the results of the investigations...
Jan 91 min read


Mithra, Biocartis, Nyrstar: are small shareholders being abandoned?
This is a great victory in our fight for better protection of minority shareholders in Belgium! Today marks an important milestone in our...
Nov 26, 20242 min read


Parliament to consider better protection for small shareholders
A major victory in our fight for better protection for minority shareholders! Today marks an important milestone in our ongoing fight for...
Nov 26, 20241 min read
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