スペインのPontevedraの裁判官は、破産(倒産)宣言した海産物冷凍食品会社のPescanovaの社長のManuel Fernandez de Sousaを退け、国立証券市場委員会に託す
El juez aparta a Sousa de Pescanova y pone al frente de la empresa a la CNMV
Declarado el un juzgado de Pontevedra el concurso de acreedores de la compañía pesquera
El magistrado decide quitar al presidente su poder tras las numerosas irregularidades
El administrador concursal, que será uno solo, será elegido por el regulador bursátil
DESCARGABLE La declaración de concurso de Pescanova
Comunicado de Pescanova a la CNMV sobre el concurso
Manuel Fernández de Sousa, el pez grande que se salió de la pecera
Elisa Lois Pontevedra 25 ABR 2013 - 20:30 CET
Judge Sousa Pescanova away and takes charge of the company to the CNMV
Declared a court of Pontevedra the bankruptcy of the fishery
The judge decides to remove the president his power after the numerous irregularities
The trustee, who shall be one, shall be chosen by the Securities and Exchange
The declaration of insolvency DOWNLOADABLE Pescanova
Pescanova Press the CNMV on the competition
Manuel Fernández de Sousa, the big fish that got out of the fishbowl
Lois Elisa Pontevedra 25 ABR 2013 - 20:30 CET
Manuel Fernández de Sousa, president of Pescanova, it looks like a legit person given the events of the past two months. Judge Roberto de la Cruz Alvarez, who signed the order Thursday declaring the bankruptcy of fishing does not say in so many words, but the court document distills the idea. The magistrate reviewed in the car how the company has not provided data, Fernandez Sousa hid it had sold half of the shares and the Board of Directors is divided. Then concludes that "without fear of equivocation" hold "full powers of the debtor can lead to a difficult situation governance" Pescanova, and therefore departs its president from office and leave the management in the hands of a single trustee who shall be elected by the National Securities Market.
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The bankruptcy has been declared by the Commercial Court No. 1 of Pontevedra. Although it is a voluntary process, the judge has decided exceptionally suspend the powers of the current administration of the company and Fernández de Sousa. Typically, the suspension of the powers occurs in contests required, ie filed by creditors. When is the company itself that request, the debtor is usually able to continue running the company.
The decision may seem very unusual. If it were not in Pescanova, the unusual is becoming the most common pattern. The judge has seen extraordinary circumstances in this case (including the change in the participation of Sousa, which secretly sold 1.9 million of its shares or debt issued) and has decided to suspend the dome. For the magistrate, is the best way the bankruptcy process to come to fruition and to be protected "as far as possible the activity and employment."
In the background of the car is recorded also requested by Pescanova intent to "delay the legal obligation" to make statements. This means that the company, which on February 28 gave the first surprise stating that it would offer its balance of 2012 in the time prescribed by law, returns to ask for more margin to clarify their numbers. For now, the company has not requested the liquidation or submission contest advance proposal yet. Nor intended to specify how long you intend to delay the filing of accounts, despite a statement sent to the CNMV, which simply summarized the judge's order.
The CNMV now has five days to appoint its representative and once formed the bankruptcy administration, bankruptcy report must be submitted within two months.
The CNMV has five days to appoint its representative and within a month must have an administrator report
The judge also pointed out in the car to the office of President, of five years' duration has expired (his term, according to documents published in the CNMV, expired on April 23) and that the decision to submit the contest was taken by "majority" but not unanimously, which the judge considers that "it is legitimate, but realizes the existence of discrepancies in a decision of such importance."
The creditor banks took days requesting Fernández Sousa output of the company, unable to get reliable information from the top of the company. Sabadell, the main creditor of Pescanova (has over 200 million liability, after taking over Banca Civica) considered "very unusual" situation of the multinational. The CEO, Jaume Guardiola admitted in the presentation of results of the bank were "concerned", as they have not yet managed to "have a clear picture of what is happening" within the firm, reports Dani Lamb.
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