Pescanova

Last updated
Pescanova, S.A.
Type Sociedad Anónima
BMAD:  PVA
FWB:  PNV
Industry Fishing
Founded Pontevedra, Spain (June 1, 1960 (1960-06-01))
FounderJosé Fernández López
Headquarters,
ProductsFresh Fish, Frozen Fish, Value-added Fish products, Fish meals, Frozen food
RevenueDecrease2.svg 1.49 billion (2009)
Decrease2.svg 88 million (2009)
Total assets Decrease2.svg 964 million (2009)
Number of employees
7,700 (3,399 in Spain)
Subsidiaries Fishco, Acuinova, Aliholding
Website www.pescanova.com

Pescanova, S.A. was the main company of a fishing group of companies based in Redondela, Galicia. The Pescanova group operated in 24 countries with approximately 12,400 employees.

Contents

In April 2013, the company filed for bankruptcy due to liquidity problems. [1]

History

Pescanova was founded in 1960 by José Fernández López, who established the company in Vigo. From its beginnings Pescanova introduced new technology for the complete activity of fish processing, best defined by the factory ship which was not common in Spain at the time. The business model worked and allowed a continued growth making it one of the biggest firms in the fishing industry.

In 1980 Manuel Fernández de Sousa-Faro, the son of the founder, took over the presidency and, after a period of restructuring, Pescanova became a multinational empire. In 1985 it joined Madrid Stock Exchange.

Pescanova has more than 120 fishing boats and sells 150,000 tons of fish products into the global market every year. Besides the Spanish facilities, the company has production plants in 21 countries, [2] amongst which are Portugal, Nicaragua, Namibia and Honduras. It had in 2013 approximately 3,400 employees. [2]

On 15 April 2013, Pescanova filed in Spanish court for bankruptcy protection. The insolvency filing mentions debts of 1.5bn euros, but financial sources who have had dealings with the company say total debt is probably more than double that amount, potentially making it the country's third-largest bankruptcy. The court accepted the filing and said it would name independent administrators to replace the board. Pescanova revealed only on the day of the insolvency filing that Fernandez Sousa had sold half his 14.4 percent stake in the company in the months leading up to the filing without telling regulators, as required by law. [1]

The multinational empire had by January 2014 an accumulated debt of $5.8bn euros, according to Spain's National Securities Market Commission (CNMV). [2] In January 2014, three multinational investment funds were interested to refloat the bankrupt company with approximately 300m euros. The company operated under court protection while arrangements were made. The interested investors are consortia of [3]

  1. Damm, Luxempart, KKR and Ergon Capital Partners;
  2. Centerbridge and Bluecrest vulture funds,
  3. the major domestic creditor banks - Banco Sabadell, Banco Popular, NCG Banco, Bankia, CaixaBank, Santander and BBVA

The current board and management were opposed by minority shareholders. [2] A director of Pescanova, Luis Angel Sanchez Merlo, resigned on 14 January 2014. [4]

Simultaneously, negotiations were under way to separate Pesca Chile from the others through an offer by Cooke Aquaculture of Canada and Econsult of Philadelphia. [2]

On 17 February 2014, Pescanova disclosed a new set of over 2bn euros outstanding loans to its restructuring committee. The loans are trading at about 12 cents on the euro while 160mn euros of its convertible bonds are quoted at about 14 cents. Lenders were willing to accept losses of 60 percent on the debt in exchange for a 90 percent stake in the Pontevedra, Spain-based business. [5]

On 2 May 2014, the major domestic creditor banks agreed to lift the bankruptcy, and the company remained as one of the Galician multinationals. Damm and Luxempart were sidelined, and as a result, Jose Carceller of Damm and Francois Tesch of Luxempart resigned from the board of directors. [6] [7]

On 23 May 2014, Pescanova exited bankruptcy proceedings after 403 days. The restructuring plan had received support from 65% of its major domestic creditor banks. The company was to continue under administration by Deloitte, until the subsequent shareholders’ meeting. On 22 May 22, Deloitte reported to the Spanish financial regulator CNMV the resignation of Juan Manuel Urgoiti, who had been chairman of the Spanish multinational since September 2013. [8]

On 8 January 2015, Manuel Fernandez Sousa-Faro was chastised because of his failure to report a number of properties to the Court, which had fined him for his role in the collapse of Pescanova. In January 2014, Fernandez had been condemned, along with colleagues Carlos Turci, Alfonso Garcia and Angel Gonzales, Alfonso Paz-Andrade, Fernando Fernandez, Robert Albert Williams, Antonio Taboas, Joaquin Vina, Alfredo Lopez and ICS Holding Limited, for their contributions to the collapse of the firm. [9]

On 2 February 2015, the company reported profits of 1.6bn euros, which contrasted with losses one year earlier that totalled 718mn euros. [10] By 6 February 2015, New York-based hedge fund Broadbill Investment Partners had acquired 3.69% of Pescanova, according to records of the Spanish financial regulator CNMV. The financial regulator showed Pescanova's former chairman Manuel Fernandez de Sousa as the company's largest shareholder with 7.5% of shares, followed by the Spanish heiress Carolina Herrero Masaveu, with 7.1% and Spanish brewery Damm, which lost its bid to control the fishing giant the previous year, with 6.2%. [11]

After the bankruptcy proceedings, the creditors took the control of all the assets of the Group through a new mother Company known as Nueva Pescanova, S.L. Pescanova S.A. is the only asset as of today (December 2021) is a minimum share in the equity of Nueva Pescanova (0.34%).

Under its new name, Nueva Pescanova, S.L., the company announced it will begin marketing farmed octopus in 2022, to sell in 2023. The announcement drew international condemnation, described by members of the scientific community as "ethically and ecologically unjustified". [12]

See also

Related Research Articles

Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

Chapter 11 of the United States Bankruptcy Code permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals.

<span class="mw-page-title-main">Default (finance)</span> Financial failure to meet legal conditions of a loan

In finance, default is failure to meet the legal obligations of a loan, for example when a home buyer fails to make a mortgage payment, or when a corporation or government fails to pay a bond which has reached maturity. A national or sovereign default is the failure or refusal of a government to repay its national debt.

<span class="mw-page-title-main">Creative accounting</span> Euphemism referring to unethical accounting practices

Creative accounting is a euphemism referring to accounting practices that may follow the letter of the rules of standard accounting practices, but deviate from the spirit of those rules with questionable accounting ethics—specifically distorting results in favor of the "preparers", or the firm that hired the accountant. They are characterized by excessive complication and the use of novel ways of characterizing income, assets, or liabilities, and the intent to influence readers towards the interpretations desired by the authors. The terms "innovative" or "aggressive" are also sometimes used. Another common synonym is "cooking the books". Creative accounting is oftentimes used in tandem with outright financial fraud, and lines between the two are blurred. Creative accounting practices are known since ancient times and appear world-wide in various forms.

Debt restructuring is a process that allows a private or public company or a sovereign entity facing cash flow problems and financial distress to reduce and renegotiate its delinquent debts to improve or restore liquidity so that it can continue its operations.

<span class="mw-page-title-main">Insolvency</span> State of being unable to pay ones debts

In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

<span class="mw-page-title-main">Argentine debt restructuring</span> Process following Argentinas Great Depression

The Argentine debt restructuring is a process of debt restructuring by Argentina that began on January 14, 2005, and allowed it to resume payment on 76% of the US$82 billion in sovereign bonds that defaulted in 2001 at the depth of the worst economic crisis in the nation's history. A second debt restructuring in 2010 brought the percentage of bonds under some form of repayment to 93%, though ongoing disputes with holdouts remained. Bondholders who participated in the restructuring settled for repayments of around 30% of face value and deferred payment terms, and began to be paid punctually; the value of their nearly worthless bonds also began to rise. The remaining 7% of bondholders were later repaid in full, after centre-right and US-aligned leader Mauricio Macri came to power in 2015.

Restructuring is the corporate management term for the act of reorganizing the legal, ownership, operational, or other structures of a company for the purpose of making it more profitable, or better organized for its present needs. Other reasons for restructuring include a change of ownership or ownership structure, demerger, or a response to a crisis or major change in the business such as bankruptcy, repositioning, or buyout. Restructuring may also be described as corporate restructuring, debt restructuring and financial restructuring.

<span class="mw-page-title-main">Banesto</span> Spanish financial services corporation

Banco Español de Crédito, S.A., “Spanish Credit Bank”) better known as Banesto, was a Spanish multinational financial services company. Prior to the Spanish Government's historical intervention in 1993, the very first in the history of banking, Banesto was the third-largest financial group in Spain, operating around 1,770 branches, as well as the fifth-largest company of the IBEX 35. The ambitious capital increase planned in 1993 by its Executive Chairman Mario Conde together with J.P. Morgan's vice-president Roberto Mendoza became the biggest restructuring plan in the history of Europe, involving asset sales and a rights issue of US$1.2 billion, after which Banesto was expected to become the largest financial firm in Europe. Although initially accepted by the Bank of Spain, it was later frustrated following intervention on the basis of financial transparency.

David Martínez Guzmán is a Mexican investor who is the founder and managing partner of Fintech Advisory, a firm that specializes in corporate and sovereign debt. Fintech has offices in London and New York City, and he currently divides his time between those two cities.

The Espírito Santo Financial Group (ESFG) is a Portuguese holding company with headquarters in Luxembourg, founded in 1984. The group represents the interests of the Portuguese Espirito Santo Group, which has major investments in Portugal and Europe, Americas, Africa and Asia.

<span class="mw-page-title-main">Bankruptcy of Lehman Brothers</span> 2008 bankruptcy of American investment bank

The bankruptcy of Lehman Brothers on September 15, 2008 was the climax of the subprime mortgage crisis. After the financial services firm was notified of a pending credit downgrade due to its heavy position in subprime mortgages, the Federal Reserve summoned several banks to negotiate financing for its reorganization. These discussions failed, and Lehman filed a Chapter 11 petition that remains the largest bankruptcy filing in U.S. history, involving more than US$600 billion in assets.

A bad bank is a corporate structure which isolates illiquid and high risk assets held by a bank or a financial organisation, or perhaps a group of banks or financial organisations. A bank may accumulate a large portfolio of debts or other financial instruments which unexpectedly become at risk of partial or full default. A large volume of non-performing assets usually make it difficult for the bank to raise capital, for example through sales of bonds. In these circumstances, the bank may wish to segregate its good assets from its bad assets through the creation of a bad bank. The goal of the segregation is to allow investors to assess the bank's financial health with greater certainty. A bad bank might be established by one bank or financial institution as part of a strategy to deal with a difficult financial situation, or by a government or some other official institution as part of an official response to financial problems across a number of institutions in the financial sector.

<span class="mw-page-title-main">Comisión Nacional del Mercado de Valores</span>

The National Securities Market Commission is the Spanish government agency responsible for the financial regulation of the securities markets in Spain. It is an independent agency that falls under the Ministry of Economy.

<span class="mw-page-title-main">European Financial Stability Facility</span>

The European Financial Stability Facility (EFSF) is a special purpose vehicle financed by members of the eurozone to address the European sovereign-debt crisis. It was agreed by the Council of the European Union on 9 May 2010, with the objective of preserving financial stability in Europe by providing financial assistance to eurozone states in economic difficulty. The Facility's headquarters are in Luxembourg City, as are those of the European Stability Mechanism. Treasury management services and administrative support are provided to the Facility by the European Investment Bank through a service level contract. Since the establishment of the European Stability Mechanism, the activities of the EFSF are carried out by the ESM.

<span class="mw-page-title-main">European Financial Stabilisation Mechanism</span>

The European Financial Stabilisation Mechanism (EFSM) is an emergency funding programme reliant upon funds raised on the financial markets and guaranteed by the European Commission using the budget of the European Union as collateral. It runs under the supervision of the Commission and aims at preserving financial stability in Europe by providing financial assistance to member states of the European Union in economic difficulty.

novobanco is a Portuguese bank introduced on 4 August 2014 by the Bank of Portugal to rescue assets and liabilities of Banco Espírito Santo (BES). BES was the second largest private financial institution in Portugal in terms of net assets, as well as one of the oldest and most reputed Portuguese banks.

<span class="mw-page-title-main">Greylock Capital Management</span>

Greylock Capital Management, LLC is a U.S. Securities and Exchange Commission registered alternative investment adviser that invests in undervalued, distressed, and high yield assets worldwide, particularly in emerging and frontier markets. As is the case with comparable funds, the firm's investor base consists largely of institutional investors and a limited number of high net worth individuals. As a group, institutional investors may include banks, credit unions, insurance companies, pension funds, hedge funds, REITs, endowments and mutual funds. As is common with many asset management firms, Greylock Capital is organized across a series of onshore and offshore limited partnerships.

<span class="mw-page-title-main">PROMESA</span> United States law and oversight board on Puerto Ricos debt crisis

The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) is a U.S. federal law enacted in 2016 that established a financial oversight board, a process for restructuring debt, and expedited procedures for approving critical infrastructure projects in order to combat the Puerto Rican government-debt crisis. Through PROMESA, the US Congress established an appointed Fiscal Control Board (FCB), known colloquially in Puerto Rico as "la junta," to oversee the debt restructuring. With this protection the then-governor of Puerto Rico, Alejandro García Padilla, suspended payments due on July 1, 2016. The FCB's approved fiscal austerity plan for 2017-2026 cut deeply into Puerto Rico's public service budget, including cuts to health care, pensions, and education, in order to repay creditors. By May 2017, with $123 billion in debt owed by the Puerto Rican government and its corporations, the FCB requested the "immediate" appointment of a federal judge to resolve the "largest bankruptcy case in the history of the American public bond market."

<span class="mw-page-title-main">Fortenova Group</span> Conglomerate company

Fortenova Group is a food producer and retailer based in Zagreb. It has been operating since 1 April 2019. The company was established through the implementation of the Settlement Plan closed between the creditors of Agrokor which had, due to illiquidity and over-indebtedness, ended up in pre-bankruptcy, managed through the Extraordinary Administration Procedure pursuant to the Act on Extraordinary Administration Procedures in Companies of Systemic Importance for the Republic of Croatia.

References

  1. 1 2 reuters.com: "Insight: Failure of Spain's Pescanova lifts lid on culture of secrecy", 26 Apr 2013
  2. 1 2 3 4 5 upi.com: "Canada eyes Chilean arm of troubled Spanish fishery firm" 13 Jan 2014
  3. mercopress: "Three investment funds interested in recapitalization of bankrupt Pescanova" 14 Jan 2014
  4. fis.com: Pescanova SA, company news, "Pescanova adviser resigns" 14 Jan 2014
  5. bloomberg.com: "Pescanova Hidden Debt Lenders Face 90% Losses: Corporate Finance", 17 Feb 2014
  6. undercurrentnews.com: "Pescanova restructuring plan officially approved with 63% creditor support", 2 May 2014
  7. bloomberg.com: "Pescanova Seen Winning Creditor Vote for Debt Restructuring", 1 May 2014
  8. undercurrentnews.com: "Pescanova officially out of bankruptcy, after 403 days", 23 May 2014
  9. undercurrentnews.com: "Former Pescanova chairman omitted patrimony ‘unwittingly’ to pay imposed fines", 8 Jan 2015
  10. undercurrentnews.com: "Pescanova reverses losses, ups operating profit", 2 Feb 2015
  11. undercurrentnews.com: "US investment fund buys stake in Pescanova", 6 Feb 2015
  12. Marshall, Claire. "The world's first octopus farm - should it go ahead?". BBC. Retrieved 23 December 2021. The Spanish multinational, Nueva Pescanova (NP) appears to have beaten companies in Mexico, Japan and Australia, to win the race. It has announced that it will start marketing farmed octopus next summer, to sell it in 2023 ... The plans have been denounced by an international group of researchers as "ethically and ecologically unjustified". The campaign group Compassion in World Farming (CIWF) has written to the governments of several countries - including Spain - urging them to ban it.
Financial