Since the previous update, my primary focus has continued to be
on trying to take control of and safeguard the assets of the
company. I have also been involved in a number of discussions with
parties who have expressed an interest in parts of the
business.
Communication
The telephone system at the bank has been up and running since
Monday 13 October and a team of bank staff are answering calls
between 9am and 5pm. If you are unable to get through, please bear
with us and try again later. Staff are also continuing to work
through the backlog of emails, faxes and letters which have been
received by the bank, PwC and the FSC. I apologise to those of you
who have sent me emails directly and not yet had a response, but
due to the volume it is taking time to work through them.
Going forward, the best way to make contact is to write to the
bank or to email branch@singers.co.im. If you need to
telephone the bank, please use the main switchboard number +44 1624
699222.
Assets
On Friday 17 October 2008, I went to London and held meetings
with:
• The team in PwC London who
are working for me
• The UK lawyers I have
appointed to act on my behalf to protect the company's assets
• Ernst & Young, the
Administrators of KSF in the UK
The meeting with the Administrators was very useful as we
now have an agreed point of contact with them. They agreed to help
us to reconcile the asset positions which we believe are held with
them and to help determine the contractual arrangements. However,
it was very clear that their sole priority, as per the Court Order
appointing them, is the transfer of the UK bank's retail deposits
to ING, and anything else is currently of secondary importance. I
will post a copy of their Court Order on the website when I receive
a certified copy. Meanwhile, it is interesting to note that the
Court papers relating to their appointment are sealed, which means
we cannot examine them to determine the reasons for their
appointment or any other related matters.
Potential purchasers of assets
I have continued to receive enquiries from parties interested in
parts of the business, and have met with some of them. Finding a
buyer for the company's assets is a priority and a lot of time has
been spent in the last few days examining the company's records and
preparing analyses for potential purchasers. This will continue to
be a key focus over the next week.
Transfers in transit
The matter of transfers in transit was also discussed with Ernst
& Young on Friday. It now appears that banks were told to cease
processing transactions for Icelandic owned banks on 6 October, but
did not tell KSF that this was happening. We do not know why this
happened, but it would be consistent with the anti tipping-off
provisions which are contained in anti terrorist legislation. Ernst
& Young have agreed to assist us in identifying and locating
transfers in transit.
I have had contact from a number of you who are concerned about
my motives for trying to unfreeze the clearing system to enable
these transfers to move. Firstly, let me make it clear that I have
absolutely no interest in trying to claw back transfers which
should legally continue to their intended destinations. If I did, I
am sure that the Court would not permit me to do so. However if,
for whatever reason, any transfers did not successfully leave the
control of KSF IOM, then I would be legally obliged to seek to
recover them. This is not a straightforward area of the law, and I
am taking legal advice to make sure that transfers are treated
appropriately. Some of you have forwarded copies of relevant legal
cases which I have made my lawyers aware of.
Court Hearing
The winding up petition is due to be considered in Court on
Friday 24 October. If this goes ahead and the petition is approved
by the Deemster, a winding up order will be issued appointing me as
Provisional Liquidator and Deemed Official Receiver. Directions
will also be made, either at that hearing or shortly thereafter,
regarding the timing of the creditors meeting. Following this,
notices will be issued as required to depositors and other
creditors and proof of debt forms will also be issued.
A significant number of depositors have emailed me in the last
few days suggesting that the issuance of the winding up order
should be delayed in the hope that the high level political
negotiations which are taking place may, along with international
financial aid for Iceland, result in the parental guarantee being
fully honoured with the financial support of the Icelandic
Government.
Whilst I also very much hope that the current negotiations lead
to a speedy resolution of the company's financial problems and full
backing for your deposits, I must point out that the winding up
petition and order are matters for the Isle of Man High Court, and
as I am not a petitioner, I have no influence over the outcome of
the Court Hearing. Those of you who have views regarding the timing
of the winding up order should contact the Isle of Man Financial
Supervision Commission, who are a petitioner and may therefore be
in a position to influence the timing.
Finally, I want to mention that, once the winding up order is
issued, I will be applying to Court for the appointment of a Joint
Liquidator. The speed with which the winding up petition was
required meant that there was not enough time to identify a
candidate at that stage. However it will be beneficial to have a
joint liquidator who will be well placed to recover assets in the
UK.
Mike Simpson
Liquidator Provisionally