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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


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


The EU dreams of autonomy, but is selling its future to the highest bidder.
“You're losing.” With these harsh words, Jamie Dimon, CEO of the world's largest bank, addressed Europe today in the Financial Times....
Jul 102 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


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


Brussels court of appeal lashes out at federal government over investigator shortage
In a ruling in the Nyrstar case, the chamber of indictments at the Brussels court of appeal lashes out at the federal government for its...
Mar 212 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


Acquisition of Belgian flagship Nyrstar: hidden reports that embarrass Trafigura
'The biggest robbery in Belgian industrial history' is how Le Vif magazine describes Trafigura's role in the takeover of Nyrstar's...
Mar 72 min read


“The biggest hold-up in Belgian industrial history”
“The greatest hold-up in Belgian industrial history” — that is how the magazine Le Vif describes Trafigura’s role in the acquisition of...
Mar 71 min read


A Battle for Accountability
A true David versus Goliath story. The small shareholder against one of the most powerful companies in the world, Trafigura, which turns...
Feb 51 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


Do we only miss the stock market when it is dying?
An article that speaks volumes! The Brussels stock exchange is dying a slow death", writes Peter De Groote in De Tijd. Is that...
Jan 232 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
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