Fenech accuses Muscat of interference over Bank of Valletta property fund saga

Finance minister conjures up National Bank nationalisation after Labour leader demands political responsibility over third BOV breach of investment rules.

Tonio Fenech has rebutted Muscat's calls for political responsibility over the BOV property fund saga.
Tonio Fenech has rebutted Muscat's calls for political responsibility over the BOV property fund saga.

Finance Minister Tonio Fenech has accused Opposition leader Joseph Muscat of attempting to crowbar into the regulation of the banking sector, after comments made Thursday morning on the Bank of Valletta chairman.

Speaking on the recent decision by the Malta Financial Services Authority to fine BOV for the breach of regulations on the sale of the La Valette property fund, Muscat said politicians would have to be held accountable for the decisions taken by the government-appointed chairman of the bank, Roderick Chalmers.

"The chairman of the bank is appointed by the government and it is not enough to say he was a good person. Somebody has to assume responsibility. If nobody assumes responsibility it will be the politicians who made the appointments who will be held accountable," Muscat said at rally in Rabat marking the Sette Giugno commemoration.

In a statement, finance minister Tonio Fenech accused Muscat of not respecting the rule of law, and of threatening to take the law in his hands by bypassing the financial regulator's powers.

"Muscat shows he cannot distinguish between shareholders and directors, or the responsibilities of managers. The decision as to who takes responsibility lies with the board of directors and shareholders during an annual general meeting, and not with the government," Fenech said.

The government owns a substantial share in Bank of Valletta.

"The MFSA has safeguarded consumers' interest and Muscat should know the bank's management is accountable to shareholders. No politician can take the powers of shareholders."

Fenech also accused Muscat of betraying his financial policies, and of endangering investment in the financial services sector by threatening the independence of the financial regulator.

"Labour's policies are the same as they ever were, when the rule of law was not respected. These same people are on Muscat's frontbench today. In the light of Labour's past when it came to banking, namely the National Bank saga, Muscat's declarations today are of great concern."

The National Bank was the precursor of the Bank of Valletta, shortly before its nationalisation in 1973, when the National and Tagliaferro Banks (Temporary Provision) bill was passed through all stages by both sides of the House.

The Malta Financial and Services Authority fined BOV the maximum fine available under the applicable legislation of €203,150 for breaching license conditions when selling units in the fund to its clients.

The authority also issued a directive which requires the bank to cooperate with a review by an independent professional services firm, engaged by the MFSA at the expense of the bank, that will prepare a list of ineligible investors to whom the bank should offer the further compensation.

BOV will have to notify investors of their compensatory payment to them, which must also include investors who had already accepted the bank's conditional compensation, and which the MFSA said will amount to €1 per unit.

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Dear Tonio, I suggest that you ask your lawyers colleagues to explain to you what is vicarious liability.
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Ahjat kieku Tonio Fenech imur ghal kwiet forsi terga' tkellmu l-Madonna (bhalma kienet ghamlet ftit aktar minn sena ilu). Hallina Toninu!
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Tant din il-gzira hi immexxija min 'perfezzjonisti' li f'25 sena ta PN ma sarx zball wiehed: u hadd ma irrezenja! X'ewropej,ewropej; ahna minn Capo Passero! Gharukaza u misthija ta nies; jintilfu miljuni kbar-daqs kemm ghandna?- u hadd m'huwa accountable. Nahseb li din se tkun t-testament tal-PN;arroganza, medjokrita u korruzzjoni galore; qeghdin wara il-Botswana fil-Corruption index!
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Joseph MELI
It si the tax payers-as the largest shareholders-who should be point the finger of accusation-at the Ministry of Finance for not getting involved in this debacle and demanding that their appointee-the Chairman of BoV-faces the music for this fiasco which occurred on his watch and under his so-called leadership.
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Ian George Walker
The following is an extract from the Articles of Association (Statute) of the Bank of Valletta: --- 60.3 The Chairman of the Board of Directors shall be appointed from amongst the Directors appointed pursuant to the proviso of Article 60.1.1 and shall be so designated by the Member appointing him as Director. PROVIDED that in the event that there is no one Member holding in aggregate more than fifty per cent (50%) of the issued share capital of the Company having voting rights, then the Chairman shall be appointed by the Member holding in aggregate the highest number of shares not being less than twenty five per cent (25%) of the issued share capital having voting rights in the Company. (http://www.bov.com/filebank/documents/Memorandum%20&%20Articles.pdf) --- As can be clearly seen the Government retained the right to appoint the Chairman when it retained 25% of the shares. This means it still controls the bank. And with control comes responsibility.
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Dan hu il-curriculum vitae tas-sur Chalmers: "Mr. Chalmers ... was chairman, Asia-Pacific, of PricewaterhouseCoopers LLP and a member of PwC’s Global Management Board from 1998 until his retirement in July 2000. He is a 30-year veteran with PwC’s merger partner Coopers & Lybrand with specialist experience in the securities industry. He has at various times been a non-executive director of the Hong Kong SAR Securities and Futures Commission, a member of the Takeovers and Mergers Panel, and chairman of the Working Group on Financial Disclosure." --- DAN KOLLU JURI LI HU RAGEL SERJU, SMART U INTELLIGENTI LI WASAL FEJN WASAL BARRA MINN MALTA GHAX HU KAPACI. U ghalhekk haga wahda nixtieq naf - f'dawn il-postijiet kollha li hu kien jahdem barra minn Malta, min ikun responsabbli minn bank li jaqla' dawk is-sanzjonijiet kollha mir-regolatur finanzjarju u dawk il-multi kollha u jgib ghawg kbir fuq mijiet ta' penzjonanti, x'ikun mistenni li jaghmel? Tezisti kultura ta' rizenja f'dawn il-pajjizi jew le? Ikun interessanti jekk is-sur Chalmers jew il-BOV jew l-abbati ta' birkirkara jirrispondu dwar dan - imma lest naghmel ghonqi taht mannara li kulhadd se jibqa' b'halqu maghluq ghax dak l-ahjar mod li tghatti xi zball goff bhal dan daqs li kieku qatt ma sar xejn !!!!
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Ministru, Haga wahda qeghedha iddejjaqni...Dik li qeghed jew tghaddi iz zmien bin nies jew tahsibna stupidi. Mhux ghanke tifel li ghadu jibda l-iskola jghejdlek li jekk issir xi haga hazina, xi hadd irid jerfa ir resposabbilta ? Issa jekk kien hemm xi hadd li apposta, mhux apposta, b`negligenza, b`abbuz,b`malinn... ghamel uzu hazin min flus il poplu,ghandu xi hadd jerfa fuq spaltu...Issa jekk int qeghed thoss li lil min fdajt int mexa sew, allura erfa ir responsabbilta int, ghax int ghamiltu.
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Nisperaw li jekk Joe Muscat jitla' fil-Gvern ma jergax ikollna xi run iehor fuq il-BOV. Ftakru li 60 tal-ishma tal-BOV huma tal-poplu, Laburisti u Nazzjonalisti.
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Min ikun qed jghereq, ma kull tibna jaqbad !!
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minister fenech seems to go by the dictum that the best defence is to go into an attack mode. but he is so crude in his arguments that he is bringing up something that isnt related to the case at all. yes mister minister since the chairman was appointed by government, who appointed him should also shoulder the responsibility.
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Tkellem hej l-abbati ta' birkirkara!!!! Imma jekk la gonzipn ma jafx xi tfisser l-accountability, tistenna li l-klikka tieghu u ta' madwaru jkunu jafu? Jekk ministru miskin "jiddobba" safra b'xejn mat-tifel sa Londra biex jara l-Arsenal - jekk ministru miskin jara kif jaghmel biex jirrangawlu d-dar, jekk ministru miskin jkollu lil xi hadd madwaru jara kif jaghmel biex jakkwistalu xi haga fis-sassla biex ikun jista' jorganizza xi pizza night fil-barrakka ta' fuq ..... u ma jara xejn hazin f'dan kollu, kif ghandek tippretendi li chairman ta' bank li jkun kisser mijiet ta' pensjonanti u li jehel ma nafx kemm-il multa mill-MFSA jirrizenja meta l-ministru li jaqa' tahtu ghadu jsaffar minn maison demandols f'south street qisu qatt ma gara xejn? Tirrizenja x'jigifieri? Kun af li din il-kelma ma tezistix fil-vokabularju ta' gonzipn!!!
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Ara jrid ikollok wiccek veru tost biex tattakka lil Dr Muscat ghax qed jitlob li min kien risponsabbli ghal dal-hnizrijiet jaghti kont ta' ghemilu.
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We all know now that Finance Minister Tonio Fenech like to keep it in the family!! At least P L and A D they are on our side.
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Frankly, Joseph Muscat is doing what the Minsiter of Finance should e doing himself - protecting the interests of the thousands of Maltese investors which have lost so much in this mismsnagement by BOV. But of course, Tonio Fenech is hardly interested in how the rest of the country is living once he gets his free flights, his house re-furbished for free, and the promise that once the PN is elected again he will also get his E500 per week increase back!