Van der Moolen Announces Settlement with the New York Stock Exchange (''NYSE'')
January 17 2007 - 1:01AM
Business Wire
Van der Moolen Holding N.V. announced today that Van der Moolen
Specialists USA, LLC (�VDMS�), a 75% owned subsidiary of Van der
Moolen Holding N.V., has entered into a settlement with the New
York Stock Exchange (�NYSE�) resulting from the NYSE�s
investigations into non-compliance by the seven NYSE specialist
firms of certain NYSE rules. As a result of that settlement, the
NYSE released today a Hearing Board decision which finds that VDMS
and the other firms violated NYSE rules relating to �firm quote�
and �limit order display�, the execution of ITS commitments and
short sales, and the establishment of firm quote written
supervisory procedures. The settlement agreement specifically
states that VDMS did not undertake to reconstruct the facts
necessary to establish whether any of the exceptions to the
relevant rules applied to the transactions cited in the agreement.
The agreement also specifically acknowledges that with the
increased automation after the NYSE�s implementation of the Hybrid
Market, the specialist�s firm quote exposure will be significantly
limited. Moreover, the agreement specifically acknowledges that the
NYSE Enforcement Division took into consideration the fact VDMS
assisted the NYSE by proposing enhancements and protective measures
to the NYSE�s systems and technology, which the NYSE implemented or
intends to implement. With regard to supervision, the agreement
also notes that VDMS used new surveillance technology as it became
available. Finally, the agreement specifically states that the NYSE
Enforcement Division considered that the relevant activity did not
appear to have been undertaken with the intent to benefit VDM. VDMS
consented to the imposition of a penalty of censure and a fine of
$400,000. The net impact of the settlement was already recognized
in the consolidated profit and loss account for the nine months
ended September 30, 2006. For more information about Van der
Moolen, please visit www.vandermoolen.com or contact Investor
Relations/Corporate Communications, telephone +31 (0)20 535 6789.
Van der Moolen trades on the leading US and European equity, option
and fixed income exchanges. The group trades in open outcry and
electronic markets in several time zones. On the NYSE, Van der
Moolen currently has a market share of nearly 11% of transaction
volume for which it acts as specialist. Van der Moolen's traders
worldwide execute an average of 100,000 trades a day. Turnover and
price volatility are the most important factors influencing its
results. Van der Moolen's shares are listed on Euronext Amsterdam
(VDMN.AS). American Depositary Receipts (ADRs) representing Van der
Moolen shares are listed on the NYSE (VDM). Disclaimer: This press
release contains forward-looking statements within the meaning of,
and which have been made pursuant to, the Private Securities
Litigation Reform Act of 1995. All statements regarding our future
financial condition, results of operations and business strategy,
plans and objectives are forward-looking. Statements containing the
words �anticipate,� �believe,� �intend,� �estimate,� �expect,�
�hope,� and words of similar meaning are forward-looking. In
particular, the following are forward-looking in nature: statements
with regard to strategy and management objectives; pending or
potential acquisitions; pending or potential litigation and
government investigations, including litigation and investigations
concerning specialist trading in the U.S.; future revenue sources;
the effects of changes or prospective changes in the regulation or
structure of the securities exchanges on which our subsidiaries
operate; and trends in results, performance, achievements or
conditions in the markets in which we operate. These
forward-looking statements involve risks, uncertainties and other
factors, some of which are beyond our control, which may cause our
results, performance, achievements or conditions in the markets in
which we operate to differ, possibly materially, from those
expressed or implied in these forward-looking statements. We
describe certain important factors to consider in connection with
these forward-looking statements under �Key Information � Risk
Factors� and elsewhere in our annual filing with the U.S.
Securities and Exchange Commission on Form 20-F. We caution you not
to place undue reliance on these forward-looking statements, which
reflect our management�s view only as of the date of this Report.
We have no obligation to update these forward-looking statements.
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