Tag Archive: DBS High Notes

Nov
03
2011

DBS High Notes Investors Loses Appeal

Almost one year after the initial suit filed by DBS High Notes investors was dismissed/a> by the High Court, an appeal filed by investors against the initial decision has failed as well.

213 investors had invested about S$18 million into DBS High Notes and lost everything when Lehman Brothers collapsed.

The investors have fought their case based on inconsistencies in the pricing formula, which they argued should make the contract void.

The appeal was dismissed with cost, which would be a hefty affair as DBS was represented by Davinder Singh and Una Khng from Drew & Napier LLC.

The judges added:

A person who signs a contract which is set in a language he is not familiar with or whose terms he may not understand is nonetheless bound by the terms of that contract. The principle of caveat emptor applies equally to literates and illiterates.

Be careful of what you sign in the future!

In a separate piece of news released yesterday, DBS announced a 6% increase in their 3Q profits to S$762 million.

Permanent link to this article: http://www.martinlee.sg/dbs-high-notes-investors-loses-appeal/

Mar
29
2011

Lehman Hong Kong Minibond Holders to Get Significant Payout

Lehman Brothers Minibond holders in Hong Kong have plenty to cheer about.

They (whether young or old, educated or uneducated) have been offered better compensation terms of at least 70% to 93% of their money back, receiver PricewaterhouseCoopers LLP said. After adding in an additional ex gratia payment from banks, the total payout will range from 85% to 96.5% for investors.

An earlier offer made in July 2009 was only for a 60% payout.

A group of Hong Kong investors have rejected the offer, saying they want 100% compensation.

In Singapore, investors who did not get any form of resolution with FIDReC had to settle for the residue value of the underlying Minibonds. This ranged from 21.5% to 70%, depending on the series of the Minibond note.

Taking into account those who did complain to FIDReC, about 12% of Minibond holders would have received back their full principal, 68% received partial settlement (of 50% or more), and the other 20% receiving less than 50% of their principal.

For the other structured products like DBS High Notes 5, Merrill Lynch Jubilee and a number of the Pinnacle notes, the people who did not managed to get any resolution via FIDRec (majority of them) would get back nothing (or next to nothing) as the residue value of the underlying notes was almost worthless.

Lehman Minibond Investors Offered Higher Payout After Hong Kong Protests (Bloomberg)

More Lehman Minibond Money on the Table (South China Morning Post)

Permanent link to this article: http://www.martinlee.sg/lehman-hong-kong-minibond-holders-to-get-significant-payout/

Dec
14
2010

DBS High Notes Suit Dismissed

215 investors of DBS High Notes 5 who lost their money in the complex instrument had their suit against DBS dismissed by High Court Judge Lee Seiu Kin.

The investors had argued that there were inconsistencies in the product’s base prospectus and pricing statement.

Justice Lee agreed with DBS that three of the formulas used by them were completely consistent. While there was a mistake in the fourth, he accepted DBS’s explanation that it was due to an obvious clerical error.

If “clerical mistake” can be used as a defence to wrong information printed on a prospectus, will we ever believe in whatever documents we are given anymore?

Permanent link to this article: http://www.martinlee.sg/dbs-high-notes-suit-dismissed/

Sep
20
2010

MAS Prohibition Orders

On the website of MAS, they have a page for reporting their enforcement actions.

There’s a long list of enforcement actions reported on 24th August 2010.

Five were against financial adviser’s representatives of DBS for giving inappropriate advice with regards to the selling of the DBS High Notes.

MAS had deemed four of their performance to be “unsatisfactory” and would have issued orders to prohibit them from providing financial advisory services for six months to a year had they continued to be in the industry. No such orders were required as they had already left the industry.

However, one former financial adviser’s representative of DBS was given the prohibition order.

Another two representatives, one from Phillip Securities and another from Kim Eng Securities, were given specific prohibition orders from dealing with structured notes for a year. One of them had prepared and emailed inaccurate and misleading writeups on Lehman Brothers related structured notes to all of the company’s representatives.

These prohibition orders would be of little comfort to those investors who had lost money from buying the structured notes under wrong advice.

MAS Quote:

Licensees and representatives must pay substantive and proper consideration to the complexity of investment products and their clients’ background and needs when providing financial advisory service. Without clear evidence that clients understand an investment product, licensees and representatives should not recommend the product, particularly if it is of relatively higher complexity. Licensees and representatives should also not recommend investment products when it is apparent from a client’s circumstances that the client would not understand such products.

Permanent link to this article: http://www.martinlee.sg/mas-prohibition-orders/

Jul
16
2010

DBS HK Compensates HK$651m to Clients Who Bought Lehman-linked Notes

Hong Kong authorities have come to an agreement with DBS HK on the amount of compensation to customers who bought Lehman-Link notes structured by DBS. $651 million Hong Kong dollars or about S$115 million will be paid out to some clients who bought these products.

The 2160 low risk customers who accept the resolution scheme will receive their full investment back together with interest. The rest who have a higher risk profile will have their cases reviewed on a case by case basis.

In Singapore, some DBS customers were sold a product High Notes 5 that lost all its value when Lehman Brothers went under. According to a July 2009 MAS report, a total of $103.7 million worth of HN5 were sold to 1,083 retail clients between 30 March and 30 April 2007.

These investors were not so lucky as their Hong Kong counterparts when it comes to compensation. Even though all of them had their cases reviewed individually, the amount of compensation DBS paid out to them amounts to only S$7.8 million out of their original investment of S$84.1 million.

DBS HK unit agrees to pay HK$651m to clients who bought Lehman-linked notes (Channel News Asia)

Permanent link to this article: http://www.martinlee.sg/dbs-hk-compensates-hk651m-to-clients-who-bought-lehman-linked-notes/

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