AMVESCAP PLC Announces Agreements With SEC, New York, Colorado, Georgia
September 07 2004 - 4:11PM
PR Newswire (US)
AMVESCAP PLC Announces Agreements With SEC, New York, Colorado,
Georgia Settlement Resolves Market Timing Issues for INVESCO and
AIM Broad Range of New Controls Implemented to Protect Clients
LONDON, Sept. 7 /PRNewswire-FirstCall/ -- AMVESCAP PLC today
announced its subsidiary INVESCO Funds Group Inc. (IFG) has reached
agreements in principle with the Attorneys General of Colorado and
New York and the staff of the U.S. Securities and Exchange
Commission (SEC) to resolve civil enforcement actions and
investigations related to market timing. Its AIM Advisors, Inc.
subsidiary (AIM) has reached agreements in principle with the
Attorney General of New York and with the staff of the SEC to
resolve market-timing investigations. All of the agreements are
subject to preparation and signing of final settlement documents.
The SEC agreements also are subject to approval by the full
Commission. Additionally, the Secretary of State of Georgia is
agreeable to the resolutions with other regulators. Under terms of
the agreements, IFG will pay a total of $325 million, of which $110
million is civil penalties. AIM will pay a total of $50 million, of
which $30 million is civil penalties. The agreements also will
commit the companies to a range of corporate governance reforms.
Under the agreements with New York and Colorado, management fees on
the AIM/INVESCO funds will be reduced by $15 million per year for
the next five years. IFG will make other settlement-related
payments required by the State of Colorado. "We deeply regret the
harm done to fund investors and have taken strong measures to
prevent any recurrence," said Charles W. Brady, Executive Chairman
of AMVESCAP. "Our firm was founded on principles of integrity and
care for our clients. Our fundamental commitment has been -- and
must continue to be -- to uphold our clients' trust by putting
their interests first. It has been painful for AMVESCAP employees
at all levels to learn that these core values were not always
upheld, impacting our customers and damaging the reputation of our
company. With these agreements, we rededicate our firm to
maintaining the highest ethical standards as we focus on delivering
strong investment performance to our clients around the world." In
addition to the corporate governance changes to be adopted as part
of today's regulatory agreement, AMVESCAP has initiated changes
across operations to help ensure we put clients' interests first in
all activities. This year, AMVESCAP initiated a program to
significantly increase its legal, compliance, and internal audit
capabilities. AMVESCAP also created a company-wide compliance
reporting line that provides employees and others with a
confidential way to voice concerns about potentially improper
activity. In addition, AIM Advisors implemented a number of
measures to strengthen controls and ensure compliance with policies
designed to protect the interest of fund shareholders. They
include: * Strengthened daily monitoring of trading activities *
The imposition of a 2% redemption fee on additional funds believed
to be most vulnerable to harmful short-term trading * The
implementation of an enhanced exchange policy designed to limit
exchanges between funds * An enhanced fair value pricing policy Mr.
Brady said: "Our goal is not just to meet prevailing standards of
governance and compliance but to exceed them. To that end, we
continue to reach out to clients, shareholders, employees, and our
regulators around the world in a dialogue designed to make sure we
are taking all necessary steps to earn their confidence and trust
in our firm. Based on those conversations, we will continue to take
steps to strengthen the company in the months ahead." An
independent consultant will be retained to oversee the distribution
of the restoration fund amounts to mutual fund shareholders. As
previously noted in January, AMVESCAP intends to pursue legal
action against third parties who facilitated late trading or any
other illegal activity. AMVESCAP is a leading independent global
investment manager, dedicated to helping people worldwide build
their financial security. Operating under the AIM, INVESCO, and
Atlantic Trust brands, AMVESCAP strives to deliver outstanding
investment performance and service through a comprehensive array of
retail and institutional products for clients around the world. The
Company is listed on the London, New York, Paris, and Toronto stock
exchanges with the symbol "AVZ." This release may include
statements that constitute "forward-looking statements" under the
United States securities laws. Forward-looking statements include
information concerning possible or assumed future results of our
operations, earnings, liquidity, cash flow and capital
expenditures, industry or market conditions, assets under
management, acquisition activities and the effect of completed
acquisitions, debt levels and the ability to obtain additional
financing or make payments on our debt, regulatory developments,
demand for and pricing of our products and other aspects of our
business or general economic conditions. In addition, when used in
this report, words such as "believes," "expects," "anticipates,"
"intends," "plans," "estimates," "projects," and future or
conditional verbs such as "will," "may," "could," "should," and
"would," or any other statement that necessarily depends on future
events, are intended to identify forward-looking statements.
Forward-looking statements are not guarantees of performance. They
involve risks, uncertainties and assumptions. Although we make such
statements based on assumptions that we believe to be reasonable,
there can be no assurance that actual results will not differ
materially from our expectations. We caution investors not to rely
unduly on any forward-looking statements. In connection with any
forward-looking statements, you should carefully consider the areas
of risk described in our most recent Annual Report on Form 20-F, as
filed with the United States Securities and Exchange Commission
(SEC). You may obtain these reports from the SEC's website at
http://www.sec.gov/ . DATASOURCE: AMVESCAP PLC CONTACT: Doug Kidd
of AMVESCAP PLC, +1-404-479-2922 (U.S.); or Angus Maitland of
Maitland Consultancy, +44-207-379-5151 (U.K.) Web site:
http://www.sec.gov/
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