Other Citywire websites

Citywire printed articles sponsored by:


View the article online at http://citywire.co.uk/new-model-adviser/article/a552650

RBS: Goodwin could face charges under Companies Act

by Michelle McGagh on Dec 14, 2011 at 07:54

RBS: Goodwin could face charges under Companies Act

Former RBS boss Fred Goodwin could be brought to trial over the collapse of the bank, despite a regulator’s report stating there was not ‘sufficient evidence’ to punish the directors for the failure.

In the Financial Services Authority’s RBS report published on Monday, chairman Adair Turner said no individual could be punished under its rules but Goodwin (pictured) could face charges under The Companies Act, according to The Telegraph.

The Companies Act section 386, which is policed by the Department of Business, states directors  must be able to ‘disclose [the company’s] financial position with reasonable accuracy at any time’ and must ensure ‘an adequate record is made and retained…of any expected loss, liability or contingency material to the assessment of the current position’.

Monday’s report suggests RBS directors breached The Companies Act rules as ‘RBS appeared uncertain of its capital position at critical times. This included after March 2008’.

The report continued: ‘So at best, compliance was only established on a retrospective basis. This undermined the ability of the firm to demonstrate compliance with regulatory requirements. This was an especially serious failing for a firm which had chosen to operate with limited capital headroom, giving it a very low margin for error.’

A source told The Telegraph: ‘It is clear from the report that RBS neither had accurate nor timely information. Some critical [data] was six months out of date, and it is clear losses were missing and asset valuations were overly optimistic.’

Non-compliance with The Companies Act section 386 is punishable by up to two years in prison and an unlimited fine. The Department of Business said it most often prosecutes cases of malpractice by company directors in relation to the keeping of accounting records.

14 comments so far. Why not have your say?

Nick

Dec 14, 2011 at 08:11

Goodwin could face charges under Companies Act

GOOD!!!

report this

Stratfield

Dec 14, 2011 at 08:34

That's a start...now try and find something to charge the FSA with. Being bloody stupid isn't a crime unfortunately so we'll have to think of something else.

report this

Tony Dunn

Dec 14, 2011 at 08:40

About time. The guy was reckless in the extreme and an egomaniac. He risked shareholder's money as if it were his own - no, he would surely have taken more care if it were his own.

report this

david via mobile

Dec 14, 2011 at 08:58

That's great news, however they were in a race that BarclYs started, if there share price would have not gone down in the first place at the same time they were trying to use the equity for leverging more loans against it would have. even barclays in this mess instead! they are all as bad as each other, throw away the key I would say, as for the fsa the people running this as mostly ex financial services, all revolving doors!

report this

ian southgate

Dec 14, 2011 at 09:40

And onto Lehman Brothers please !!

report this

PD Off

Dec 14, 2011 at 09:40

This is the guy who took out an super-injunction banning newspapers from calling him a "banker"

Shame he cant spell.

report this

James

Dec 14, 2011 at 09:45

Did I hear on the radio this morning that there was also criticism of Hector and other staff at the FSA for taking bonusses whilst the banks tumbled around them?

Maybe Citywire would like to investigate that, and get their colleagues in the nations to make a bigger song and dance about that.

report this

James

Dec 14, 2011 at 09:45

BTW - Fred should be hung, drawn and quartered, and have his wealth handed back to the shareholders.

report this

Banged to Rights

Dec 14, 2011 at 10:07

Sir (sic) F Goodwin (not a banker) could be charged ?

If Dr V Cable MP is driving it then don't hold your breath.

@ James I have written to TSC (the instigator of this report) pointing out the reckless actions of the FSA concerning the regulation of the RBS Bank and have asked them to consider if the FSA actions could be deemed negligent.

See city report and table (no mention of staff holiday cover, sickness or importantly any continuity of management).

http://www.citywire.co.uk/new-model-adviser/fsa-we-spent-too-much-time-on-rdr-instead-of-rbs/a551883?ref=new-model-adviser-latest-news-list

report this

Julian Stevens

Dec 14, 2011 at 10:25

"not sufficient evidence to punish the RBS directors under the FSA’s rules", eh?

You can bet your boots that, under FSA rules, there'd be sufficient evidence if Mr Goodwin had held a similar position with an IFA firm.

And yes, how can the FSA possibly have justified its £20m+ bonus pot at a time when a number of banks were going down as a result of an almost total lack of regulatory oversight? Oh, I forgot ~ it doesn't have to, does it?

report this

Twickers

Dec 14, 2011 at 13:32

the "bonus" regime is a fraud/ particularly when applied by non profit organisations/ they are paid an agreed salary (at commercial or higher rates ?) why should they be paid for doing it efficiently/ I would have thought

that would be expected of anyone who took a job./ our civil service has become unaffordable due to their demands for commercial rate wages /salaries while still retaining the generous benifit arrangemenst while alledgedly low paid./ I would rate "bonus" alongside the bankers "wraps" as contributing to our present national financial state.

report this

Julian Stevens

Dec 14, 2011 at 13:50

Of course ~ so why isn't the NAO at the very least questioning the FSA's bonus culture, not least because the bonuses get paid (using our money) no matter how disastrously the FSA fails to perform its statutory responsibilities? The involvement of the NAO, as far as the FSA is concerned, is nothing but yet another hollow sham of accountability.

Perhaps a FOI request ought to be submitted asking just what, if any, changes have ben implemented since the FSA waas made subject to annual audit. Were there any whatsoever, one assumes they would have been reported on CityWire and elsewhere.

report this

Twickers

Dec 14, 2011 at 14:30

Goodwin will never be charged/ if he was the whole board of directors would have to be included/ at the level he operated there are no consequences for failure of duty/ just look up the present position of others involved/ they are back in jobs high status in the city/ check out US Enron directors/ see where they are/

and the freewheeling Polly Peck/ currently in court/ high level incompetence/commercial or political (the EURO) is generally risk free/ unlike the recent sad case of police inspector mis-use of system.

report this

Twickers

Dec 14, 2011 at 14:38

I forgot to add Network rail ex directors (corbet el) have a look at his present status/ no real consequence to him for the disaster he ruled over.

report this

leave a comment

Please sign in here or register here to comment. It is free to register and only takes a minute or two.

Sorry, this link is not
quite ready yet