TUESDAY, JANUARY 3, 2017
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Broker admits ‘improper use’ of $4m client monies By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Christina Rolle
A Bahamian broker/ dealer has admitted to using almost $4 million in client monies without permission to fund its own operating costs and business development initiatives, with regulators now moving to finally shut it down. The Securities Commission, in legal papers obtained by Tribune Business, is alleging that apart from “the improper use of its clients’ funds”, Tillerman Securities has also been un-
BOB unveils $30m New Year ‘bail out’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Bank of the Bahamas has unveiled the second phase of its recapitalisation plan by launching a $30 million convertible bond issue, producing more scepticism from its weary minority shareholders. The BISX-listed institution, in newspaper advertisements placed late last week, said it would be selling the Convertible Capital Bonds in three $10 million tranches, with the first placed on New Year’s Eve. Capital markets sources, speaking on condition of anonymity, told Tribune Business that the bonds’ pricing, issue timing and lack of timely disclosure by the Bank of the Bahamas all suggested that the Government was likely to take up the entire $30 million. The bonds carry a 3.125 per cent interest coupon, which is a full percentage point below the new 4.25 per cent Bahamian Prime rate. The low yield/return on the bonds fails to sufficiently compensate investors for the risk they are taking in investing in Bank of the Bahamas debt securities, given that the institution has racked up almost $120 million in total losses over the past three years. The 3.125 per cent rate is fixed, and the bonds “perpetual”, meaning that the investor compensation will not change over the lifetime of the bonds, although they could be converted to equity in Bank of the Bahamas at some stage.
Market feels bonds set for 100% Govt subscription Questions where Govt will find financing Complaints over lack of timely disclosure ‘mockery’ Capital market analysts, meanwhile, were also surprised that the first $10 million tranche was to be placed on New Year’s Eve, which was a Saturday - and not on a weekday, which is the norm for most issues. The Bank of the Bahamas bonds are also being issued through private placement to “accredited investors only”, although their identity is not defined in the scant information made available to the market. The private placement document, containing all necessary financial information for investors to make a decision, “will be distributed by invitation only” - adding to the secrecy surrounding the issue. The timing of the last two tranches’ placement, on January 30 and February 28, 2017, respectively, only adds to the impression that the Government will pick up the entire $30 million issue. The month-end placements appear timed to coincide with when it has gained its monthly Value-Added Tax (VAT) revenues, which See pg b5
able to meet the minimum $300,000 regulatory capital requirement for two years. Detailing numerous serious breaches by the Bahamian-owned broker/dealer, the Securities Commission added that Tillerman was also “insolvent”, with assets exceeding liabilities following several years of sustained losses. Christina Rolle, the Commission’s executive director, in a November 7, 2016, affidavit filed with the Supreme Court, set out an 18-month saga that concluded with Tillerman’s alleged failure See pg b6
Tillerman used funds to pay bills, develop new model And for $30k unsecured loan to director Craig Butler In breach of regulatory capital for 2 years Regulator: Firm ‘insolvent’ after consistent losses’
Bahamas urged: ‘Stay the course’ on fiscal consolidation targets By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Bahamas must decide whether it believes in the Government’s fiscal consolidation plan and “stay the course”, the Chamber’s chairman warning against the ‘junk’ downgrade becoming a “political football”. Comparing the country’s fiscal position to that of a cruise liner attempting to go in reverse for the first time in almost 50 years, Gowon Bowe told politicians from all parties: “This is no time for idle talk”. He urged them not to use Standard & Poor’s (S&P) recent action to “sell pipe dreams” to the Bahamian people, instead calling on all parties to put forward specific policy recommendations for changing the country’s economic and fiscal course during the upcoming election campaigns. And rather than blame See pg b4
Nation like cruise ship trying to turn after 50 years Chamber chief: Give S&P cause to raise rating Politicians warned: ‘No time for idle talk’
Gowon Bowe
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Broker’s ‘honest belief’ no consent needed from clients By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A Bahamian-owned broker/dealer’s directors “held the honest belief” that it was permitted to borrow almost $4 million in client assets without permission, then use them as it saw fit. Tillerman Securities is alleging that its ‘standard client agreement’ with customers enabled it to do this, and that its principals’ use of client monies without consent was “not the actions of thieves or embezzlers”. The broker/dealer, based on One George Street in the heart of downtown Nassau, acknowledged that the decisions of its directors, chiefly Hans Christian Saunders, the managing director, Anthony Dupuch and attorney Craig F. Butler, may have been “unwise” but did not
Tillerman directors ‘unwise, but not criminals’ $1m in client funds used to develop online trader Claim regulator ‘snuffing out’ business too early amount to criminal conduct. The assertions are contained in Tillerman Securities’ submissions to the Supreme Court, as the broker/dealer attempts to fight-off efforts by the Securities Commission to wind-up its business via the appointment of a provisional See pg b5
Chamber chief urges ‘thorough analysis’ on $1m residency change By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Government “must make sure it’s done a comprehensive analysis” of all potential repercussions from doubling the ‘fast track’ permanent residency threshold to $1 million, the Chamber of Commerce’s chairman has urged. Gowon Bowe told Tribune Business that the private sector needed to know, and understand, how the Christie administration had “come to the conclusion” that it needed to double the existing $500,000 real estate investment threshold. Pointing out that numerous factors, not just tax earnings on the initial property purchase, needed
Govt must show ‘how it’s come to this conclusion’ Bowe acknowledges ‘major concern’ for realtors to be considered, Mr Bowe acknowledged the potentially negative ramifications for realtors, developers, contractors and the wider economy from the Government’s proposed policy change. “The aspect we’re principally concerned with is what analysis has been done to get to that conclusion,” See pg b4
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