WSJ : Maersk Plans to Put Carbon-Neutral Container Ship In Operation in Two Year

Maersk Plans to Put Carbon-Neutral Container Ship In Operation in Two Years
The shipping line is advancing its green-ship timetable with a ‘feeder’ vessel that will operate on biofuel

Shipping giant A.P. Moller Maersk A/S is fast-tracking efforts to transition to carbon-neutral ship operations with plans to add in two years what would be the first container ship running on biofuel.

The Danish company’s Maersk Line is the world’s biggest container line by capacity, according to maritime data provider Alphaliner, and the switch could accelerate efforts by energy providers to come up with substantial volumes of nonfossil fuels capable of powering oceangoing vessels.

The Maersk ship will be a small vessel known as a feeder that can move up to 2,000 boxes and will be added to its network in 2023, seven years ahead of an earlier announced timeline, the company said Wednesday. The ship also will be able to burn conventional bunker fuel, and Maersk said this dual-propulsion capability will be a feature in all of its future ship orders.

Maersk is working with maritime engine makers to develop the dual-propulsion system. The ability to handle different forms of propulsion already is being applied to many new vessels being launched by other companies, mostly with new ships that can run on conventional bunker fuel as well as natural gas.

Maersk’s new ship will run on biomethanol, which can be sourced from paper-mill waste and other byproducts, or by mixing hydrogen with carbon dioxide trapped from industrial exhaust systems.

“We have not decided on which route it will sail in. It will depend on where we can get the fuel,” said Morten Bo Christiansen, Maersk’s head of decarbonization.

Maersk chose biomethanol because it is available for use now, but the company is studying other fuels such as ammonia for the future.

Several big shipping players have been experimenting with biofuels.

Singapore-based, Japanese-owned Ocean Network Express Pte. Ltd. sent a boxship across the Atlantic earlier this month that used a mixture of cooking oil and banker fuel. Norwegian operators have been using small ferries and cargo vessels powered by batteries for short sailings.

Oceangoing vessels collectively contribute around 2.5% of the world’s greenhouse-gas emissions, according to the International Maritime Organization, the United Nations body regulating maritime affairs. The amount is comparable to the emissions of some of the largest European Union countries.

IMO member-nations have agreed on a plan to boost the fuel efficiency of some 60,000 oceangoing vessels by 40% over the next decade and cut overall greenhouse-gas emissions from ship exhausts by half in 2050, compared with 2008 levels. Some of the world’s biggest ship financiers have pledged to extend loans for ships built with lower emissions systems.

Maersk says its goal is to have an entirely carbon-neutral fleet by 2050.

A major concern for shipping companies is to find enough fuel capable of powering today’s ultra-large cargo ships, with a capacity for more than 20,000 containers across thousands of miles.

“We are working to build bigger engines that can move bigger vessels. We are going to replenish our fleet going forward and we need engineering solutions for larger vessels,” Mr. Christiansen said.

FT : Danone shake-up demanded by big shareholder

Danone shake-up demanded by big shareholder
Artisan Partners and adviser Jan Bennink meet board to present ‘wish list’ of changes

A large shareholder in French consumer goods group Danone has urged its directors to oust chairman and chief executive Emmanuel Faber, halt a planned group reorganisation that he has championed, and sell underperforming brands that account for 15 per cent of revenue.

Artisan Partners, a US-based investment fund that says it is the third-biggest shareholder of Danone with a roughly 3 per cent stake, presented its plan to turn round the company in a meeting with the board on Tuesday. Faber, who has led the group that makes Activia yoghurt and Evian bottled water since 2014, did not attend.

Artisan’s plan was designed by Jan Bennink, an experienced consumer industry executive who earlier worked in Danone’s dairy and medical nutrition businesses.

Bennink has been working with Artisan since October to analyse what has gone wrong with the business and what remedies are needed. He took on a similar advisory role for US activist fund Third Point in a campaign at Nestlé that began in 2017.

“We gave the board our analysis since we want them to know what the business really looks like, as well as our wish list for changes that need to be made,” said Bennink in an interview.

“Danone used to be an innovator that was early to new food trends, but they have lost that culture and are losing market share as a result,” he said. “There has also been an enormous decline in advertising spending, which means they are not investing enough in their brands.”

Asked whether Artisan would seek to replace the board at Danone’s annual meeting in April if it did not agree to its demands, Bennink declined to say. “We’ve made our ideas clear, and hope that the board is in good listening mode,” he said.

Artisan’s campaign for change is likely to turn up the heat on Danone’s board and on Faber. A growing number of investors have gone public in recent weeks with criticism of what they see as the poor financial performance of the group.

Danone’s share price has trailed its larger rivals since Faber took over, rising about 3 per cent since October 2014, while Nestlé, Unilever and Procter & Gamble have risen between 43 and 54 per cent.

The activist fund Bluebell Capital in January called for a governance overhaul at Danone to split the roles of chief executive and chairman. Another US-based fund, Causeway Capital Management, last week echoed that position in an interview with Bloomberg, adding that “people have to take accountability” for missed targets.

Danone’s sales have been hit harder during the Covid-19 pandemic than at competitors, such as Nestlé and P&G, in part because of its categories such as bottled water that usually rely on consumers being outside the home in restaurants or bars. It is not present in the cleaning products business, which has boomed during the pandemic.

In response to the Covid-19 shock, Faber in October announced a major reorganisation of the company along more geographic lines that will lead to as many as 2,000 job cuts. He has also pledged to sell assets and prune the product portfolio.

But Bennink said the company’s problems stretched back far longer than the pandemic and fixing them would require not only a new chief executive, but also a refreshed board with more consumer goods industry expertise. To avoid further disruption, the proposed reorganisation should also be stopped.

“In the last seven years, you have had five organisational changes, which is disruptive and bad for business,” he said, adding that there had also been too-frequent turnover in the management of Danone’s three units.

“The company needs new leadership as CEO, and we also want the chairman to be replaced with an outsider with consumer goods experience,” said Bennink.

Asked if he would want either job, Bennink said it would be up to the board to decide what was best for the company. “I do not want to be CEO, but I’d like to help as much as I can, so if they were to ask me to be chairman, I would be open to it.”

Another element of Artisan’s plan would be to sell slower-growing and less-profitable brands in bottled water, such as Mizone in China, and focus on the premium ones like Evian, Volvic, and Badoit.

In dairy, Danone should exit commodity products such as traditional milk and butter, said Bennink. “Products accounting for about 15 per cent of sales can be sold off, so as to focus on high-margin and high-growth products,” he said.

Danone declined to comment on Artisan’s proposals, but earlier said that it “welcomed all investments and value constructive views on how we deliver long-term sustainable value”.

>>> What to look at today - 17th of February 2021

Treasury yields held near their highest in a year and global stocks edged back from a record Wednesday as investors assessed the impact of a bond selloff on other assets. The dollar strengthened.
The yield on benchmark 10-year Treasuries dipped to around 1.30% after touching the highest since February 2020. Bonds in Australia and New Zealand tumbled. Asian equities were mixed, though South Korea underperformed. S&P 500 futures were flat after the gauge closed slightly lower on Tuesday. European contracts edged lower.
Elsewhere, oil fluctuated around $60 a barrel in New York amid a deepening energy crisis in the U.S. that has crippled the petroleum industry. China remains shut for a week-long holiday and will reopen Thursday. Bitcoin climbed back above the $50,000 level.
U SAfter Hours CSOD +17.6%, DIOD +3.6%, SEDG +3.3% higher on earnings; KAR -17.4%, LZB -5.2% fall on earnings

Nikkei -0.58% Hang Seng +1.28% CSI +2.14% Shanghai +1.43% Shenzen +1.75%

Eur$ 1.2077 CNH 6.4441 CNY 6.4528 JPY 106 GBP 1.3885 CHF 0.8938 RUB 76.6816 TRY 7.0332 WTI$ 60.25 +0.33%
Gold $1793.11 -0.03% BTC $ 50,533

S&P +0.05% Nasdaq +0.02% EuroStoxx -0.03% FTSE +0.26% Dax +0.04% SMI -0.05%

Macro :
- EU’s Michel Barnier Launches Political Faction: Reuters
- Hedge Fund Autonomy Is Betting Big on the Switch to Green Power
- Citi Strategist Says 10% U.S. Equity Correction ‘Very Plausible’

Keep an eye on :
- AI FP : Air Liquide Sells Greece Ops to SOL Group, No Terms
- AKER NO : Aker 4Q Net Assets NOK53.4B Vs. NOK31B Q/q
- AKZA NA : Akzonobel Announces EU1b Buyback, to Be Completed in 1Q 2022
- ALFEN NA : Alfen 2021 Revenue Forecast Misses Estimates
- ASHM LN : Ashmore CEO Mark Coombs Sells 8.5m Shares at GBP4.74/Share
- BEI GY : Beiersdorf Forecasts 2021 Sales Growth With Steady Ebit Margin
- BB FP : BIC FY Normalized EPS Misses Estimates
- CNP FP : CNP Assurances Says Dedeyan to Take Over From Lissowski as CEO
- CNP FP : CNP Assurances FY Net Income Meets Estimates
- DAI GY : Daimler’s $49 Billion Issue: Settling Mercedes-Benz Brand Rights
- ELG GY : Elmos Semiconductor FY Ebit Misses Estimates
- ERA FP : Eramet SA FY Sales Beat Estimates
- HLAG GY : Hapag-Lloyd Shares Soar After Strong 1Q Earnings Prediction
- HEX NO : Hexagon Composites 4Q Ebitda NOK69M
- IBU GY : Ibu-Tec Advanced Materials Offers Up to 750,000 Shares#
- KER FP : Kering 4Q Comp Sales Miss Estimates, Gucci 4Q Comp Sales -10.3%
- KER FP : Gucci Sales Slide for Another Quarter, Ending Years of Expansion
- KLOVB SS : Klovern FY Property Mgmt Income SEK1.27B Vs. SEK1.46B Y/y
- MMT FP : M6 FY Revenue Meets Estimates
- NESN SW : Nestle to Sell Waters North America Brands for $4.3b
- NEX FP : Nexans Sees 2021 Ebitda EU410M to EU450M, Est. EU429.1M
- NEXI IM : Nexi Seeks EU1b from Sale of Convertible Bonds Due 2028: Terms
- PHA FP : Pharmagest Interactive Chairman to Sell 772,200 Shares: Terms
- PST IM : Poste Italiane 4Q Revenue Beats Estimates
- RDSA NA : Shell Norco Complex Reports Elevated Flaring Amid Cold Weather
- SCHP SW : Schindler Sees 2021 Revenue 0% to +5%
- SHOT SS : Scandic 4Q Adjusted Ebitda Loss SEK282M
- SINCH SS : Sinch Buys U.S.-Based Inteliquent for $1,140 Million
- TNV GY : TeamViewer Holder Permira to Sell 12m Shares: Terms
- TIETO FH : TietoEVRY FY Dividend Per Share Beats Estimates
- URW NA :
- VPK NA : Vopak FY Revenue Meets Estimates
- ZAL GY : Kinnevik Proposes Distribution of Zalando Holding to Holders

>>> Europe : Brokers Upgrades & Downgrades - 17th of February 2021

>>> Up
* Capital & Counties Raised to Buy at Jefferies; PT 210 pence
* Intertrust Raised to Overweight at JPMorgan; PT 16 euros
* Johnson Matthey Raised to Reduce at AlphaValue
* Learning Tech Raised to Neutral at Goldman; PT 168 pence
* Rexel Raised to Add at AlphaValue
* Shaftesbury Raised to Buy at Jefferies; PT 660 pence
* Straumann Raised to Neutral at JPMorgan; PT 953 Swiss francs
* Workspace Raised to Buy at Jefferies; PT 930 pence

>>> Down
* Accor Cut to Neutral at JPMorgan; PT 34 euros
* Commerzbank Cut to Equal-Weight at Morgan Stanley; PT 6 euros
* Deutsche Boerse Cut to Neutral at UBS
* Enagas PT Cut to 14 euros from 17.20 euros at Citi
* Entra Cut to Hold at SEB Equities; PT 200 kroner
* EssilorLuxottica Cut to Hold at Stifel; PT 142 euros
* Fortnox Cut to Hold at SEB Equities; PT 501 kronor
* Wihlborgs Cut to Sell at SEB Equities; PT 160 kronor
* Wihlborgs Cut to Sell at Handelsbanken; PT 160 kronor

>>> Initiation
* Ferrexpo Rated New Buy at Peel Hunt; PT 395 pence
* Funding Circle Reinstated Outperform at KBW; PT 165 pence

>>> Call
* CapCo, Shaftesbury Upgraded on Pent-Up Demand Outlook: Jefferies
* Ferrexpo Undervalued, Set For Further Cash Returns: Peel Hunt

>>> US CLose Dow +0.20% S&P -0.06% Nasdaq -0.34% Russell -0.72%

Closing Stock Market Summary

The Dow Jones Industrial Average (+0.2%) eked out a closing record high on Tuesday amid strength in financial and energy stocks. The S&P 500 (-0.1%) and Nasdaq Composite (-0.3%) ended with modest losses after setting all-time highs in early action, while the Russell 2000 (-0.7%) underperformed. 

Investors remained optimistic on the economy, evident by the continued selling interest in longer-dated Treasuries, which drove yields noticeably higher. The growth-sensitive 10-yr yield rose ten basis points to 1.30%, while the Fed-sensitive 2-yr yield increased two basis points to 0.12%. The U.S. Dollar Index increased 0.1% to 90.54. 

This curve-steepening activity was a boon for the bank stocks within the S&P financials sector (+1.8%). The energy sector advanced the most, though, with a 2.3% gain amid higher oil ($60.09/bbl, +0.62, +1.0%) and gas ($3.13/MMBtu, +0.22, +7.2%) prices after a winter storm left millions of people without power in the U.S.

The communication services sector (+0.4%) also outperformed, as investors continued to bid up shares of companies with digital advertising exposure. Conversely, the utilities (-1.1%), real estate (-1.1%), and health care (-1.0%) sectors declined at least 1.0%. 

On the earnings front, shares of CVS Health (CVS 70.53, -3.68, -4.0%), Zoetis (ZTS 166.47, -0.24, -0.1%), and Allegion (ALLE 109.81, -8.45, -7.2%) closed lower despite the companies reporting better-than-expected quarterly results. 

In other developments, Democratic senators reportedly hope to bring the fiscal stimulus bill up for a floor vote next week, Reuters reported that OPEC+ will likely ease supply curbs after April of this year amid increase in prices, and Conagra (CAG 33.90, -0.65, -1.9%)/Kraft Heinz (KHC 35.36, -0.03, -0.1%) products may become more expensive as a result of higher raw material costs. 

The CBOE Volatility Index increased 7.5% to 21.46 amid an uptick in hedging interest. 

Tuesday's economic data was limited to the Empire State Manufacturing Survey, which increased to 12.1 in February (consensus 9.0) from 3.5 in January.

Looking ahead to Wednesday, investors will receive Retail Sales for January, the Producer Price Index for January, Industrial Production and Capacity Utilization for January, the FOMC Minutes, the NAHB Housing Index for February, Business Inventories for December, and the weekly MBA Mortgage Applications Index. 

  • Russell 2000 +15.1% YTD
  • Nasdaq Composite +9.0% YTD
  • S&P 500 +4.7% YTD
  • Dow Jones Industrial Average +3.0% YTD

>>> After Hours Summary: CSOD +17.6%, DIOD +3.6%, SEDG +3.3% higher on earnings;

After Hours Summary: CSOD +17.6%, DIOD +3.6%, SEDG +3.3% higher on earnings; KAR -17.4%, LZB -5.2% fall on earnings

After Hours Gainers:

Companies trading higher in after hours in reaction to earnings/guidance: CSOD +17.6%, ANDE +5.8%, QS +5.6%, DIOD +3.6%, SEDG +3.3%, IOSP +3.2%, VNO +1.7%, A +1% (also authorizes $2 bln repurchase program), GNW +0.9%, QTS +0.5%, CRK +0.4%, NMIH +0.2%, ES +0.1%, RPAI +0.1%

Companies trading higher in after hours in reaction to news: EPIX +0.8% (stock offering), GPI +0.5% (increases dividend), NETI +0.4% (to sell the SBI Chronos and SBI Achilles), JBLU +0.3% (pilots reject tentative agreement, according to Reuters), GNMK +0.2% (announces publication of study highlighting potential of ePlex Blood Culture ID Panels), ALSN +0.1% (announces partnership with American Rheinmetall Vehicles to provide propulsion system for the Lynx vehicle), RBBN +0.1% (to sell Qualitech testing and standardization business), ADI +0.1% (increases dividend)

After Hours Losers:

Companies trading lower in after hours in reaction to earnings/guidance: KAR -17.4%, MERC -7.9%, ACCO -5.2%, LZB -5.2% (also CEO to retire), EXAS -4.6% (also to acquire Ashion Analytics), CMP -4.4%, RNG -3.7%, LSCC -2.5%, BYD -2.1%, DVN -1.9%, CAR -1.8%, DENN -1.6%, AIG -1.2%, CRSP -0.8%, CLR -0.7%, WLL -0.7%, MCY -0.1%, FE -0.1% (also Board taking actions to improve co)

Companies trading lower in after hours in reaction to news: MVIS -9.4% (enters into $50 mln at-the-market equity offering agreement; also files for mixed securities shelf offering; also guides FY20 revs in-line), AEZS -7.7% (announces bought deal public offering of 6,896,552 shares, priced at $1.45/sh), SNDL -5.9% (files for $1 bln mixed securities shelf offering), CHGG -3.6% (stock offering), HQY -3% (stock offering), SITM -2.3% (stock offering; also files for mixed securities shelf offering), FROG -1.3% (announces final lock-up release), YMAB -1.2% (stock offering), GPRE -1% (files for mixed securities shelf offering), GIX -0.1% (stock offering), WRE -0.1% (files for mixed securities shelf offering)

Robin Hood - The Long View on Short Selling

In the wake of recent stock market volatility, the phrase “short-squeeze” has become front-page news and the topic of “short selling” is now kitchen table conversation.
For many, one question continues to stand out: how could market participants short sell over 100% of the outstanding shares of a company? That leads to a familiar debate — should short selling even be allowed?
It’s a complicated and nuanced topic, but one worth discussing as we continue our educational series about topics that have been in the news. Before we get into the weeds, we should first start with explaining what it means to “short a stock.”
What is Shorting?
Short selling is the practice of selling shares that you do not own. Under Securities and Exchange Commission rules, short sellers need to borrow shares from their broker before they sell short. Once the short seller is “short,” they hope that the price of the stock falls, and then they attempt to buy the shares back later at a lower price, for a profit. When the short position is closed the borrowed shares are returned to the broker. In actuality, short selling is a bit more complicated than this example, but this is the gist of the strategy.
For many, short selling is one of those strategies that, when explained, can lead to blank stares, raised eyebrows, and the typical question… “How can I sell shares of something I don’t actually own?” Most investors know the traditional mantra of “buy low, sell high.” The idea is straightforward — buy a stock to open a position, hope it climbs in price, and sell it for a profit, closing your position. Short selling is the same idea, but in reverse.
Is Short Selling Bad?
This is a topic that’s continually debated. Short sellers are scorned by many for attempting to profit from the demise of a company. Others argue that short sellers play a vital role in our markets by providing liquidity to buyers, hedging risk, and shining a light on potential corporate malfeasance. In reality, short sellers come in all shapes and sizes, each with different motivations.
Some short sellers are day traders looking to short stocks that have risen quickly intraday, hoping the stock will quickly revert to some lower short-term price average. It’s a quick trade and barely puts a dent in the long-term trajectory of a stock.
Another type of short seller is one looking to employ a “long/short” portfolio strategy. This is a more advanced approach to investing, with the idea being that some stocks go up, while others go down. The goal is to buy stocks that are seemingly “undervalued” and short stocks that are seemingly “overpriced” simultaneously. Then, the investor continually adjusts the “long” and “short” exposure of their portfolio based on market conditions.
And then, there are the big short sellers — the whales. These traders are few and far between, but gain notoriety because they make bold claims and big bets that a company is inherently rotten, and the price is set to fall, hopefully to $0. These short sellers seek to identify stocks that are overpriced, overvalued, and sometimes in the process expose fraudulent companies. Remember companies like WorldCom, Valeant Pharmaceuticals, and Enron? These companies became targets of short sellers for suspected fraud, and in these cases, the short sellers were right.
But short sellers can sometimes overplay their hand and get it wrong. Enter the “short squeeze.”
The Short Squeeze
Savvy traders keep an eye on the percentage of shares of a company being shorted, which is called the “short interest.” Short interest is a simple calculation: take the total number of shorted shares and divide them by the total shares outstanding. For example, a stock that has 10 million shares outstanding and 1 million shares shorted would have a short interest of 10%.
For some stocks, short interest can be quite low–in the single digits. In others, it can rise well above 100%, meaning more shares are being shorted than the outstanding shares available. (More on how this happens below). And when this happens traders take notice, and some attempt what is known as a “short squeeze.”
Essentially, the goal of a short squeeze is to drive the price of the stock up as high as possible, forcing short sellers to buy their stock back at a higher price than what they sold it for. If this is successful, the price of the stock can skyrocket in a short amount of time, causing a lot of pain for short sellers.
Why does this hurt short sellers? Because the price can theoretically go up forever. Remember the mantra, buy low, sell high, but in reverse? Well, selling low then buying higher is bad, sometimes, really bad.
Short Selling and the Impact of the T+2 Settlement Period
So, back to our original question–how could market participants short sell over 100% of the outstanding shares of a company? The answer is a bit technical, but one way has to do with a combination of how short sales are arranged combined with how stock trades are processed, or “settled.” Let’s walk through it step by step, starting with an investor that owns the underlying stock in question.
To get a higher rate of return on their investment, sometimes an owner of a stock lets their broker lend out their shares at interest–a process called stock lending. (Robinhood lends out customer marginable securities, which is a standard industry practice.) Meanwhile, a short seller, through their broker, must first borrow a stock or determine that it can be borrowed before selling shares short. However, there are certain exceptions to that rule.
Some stocks are on an “Easy to Borrow” list; meaning investors can execute a short sale and their broker does not specifically have to locate or contact the source of the shares that are being shorted, because the assumption is that the stock will be located. And there are also “Hard to Borrow” stocks. These stocks are difficult, or unavailable, to borrow, which means brokers have to take additional steps to ensure that the stock is available before a short seller can execute their trade.
Once a short sale is arranged and executed, borrowers are subject to the standard stock settlement period, or “T+2.” (More on the risks involved with the T+2 settlement period are discussed here). This means their broker has two days to deliver the shares to the buyer. If, for whatever reason, the shares are not delivered within the two-day settlement window, this is called a “fail to deliver.” The “fail to deliver” leaves the short seller “naked,” or unable to deliver the shares to the buyer. If the shares cannot be delivered after a certain period of time, the broker must buy the shares back.
And because of T+2, shares can sometimes be sold short continually, resulting in more shares being shorted than are technically available. See, once the shares are sold, someone on the other side of that transaction has bought them. And in turn, if they allow their broker, the same shares can be lent out to another short seller, and on, and on (and on). Although the SEC has banned outright naked short selling, it is this two-day latency for delivering shares (which, in turn can be lent out) that can play a large role in short interest percentage being higher than 100% of shares outstanding.
Final Thoughts
Even though the brokerage industry continues to evolve, there are still existing processes and legacy technology that can contribute to a scenario like we’ve explained. Real-time stock settlement could help in a number of ways, including to curb naked short selling by keeping an air-tight account on who owns what, when, and where.
The market mechanisms behind short selling, securities lending, and clearing are complex. This complexity can lead to the perception that the game is rigged to benefit certain market participants at the expense of others. Although this isn’t necessarily the case, abuses do happen and at a minimum perception can become reality for some.
In closing, we believe education is paramount and that it’s our responsibility to continually shine light on and demystify the complicated nuances of the financial industry — that’s one of the reasons Robinhood was founded. We also believe that moving the industry towards a real-time stock settlement can help play a role in curbing excess short selling, while bringing more transparency and stability to the markets.
Michael Obucina is Options Analyst and Education Lead at Robinhood Financial.

>>> Tiger Global discloses updated portfolio positions in 13F filing: New YSG ON

Tiger Global discloses updated portfolio positions in 13F filing: New YSG ONEM ASO AI COUP ABNB positions, Increases UBER EGHT MSFT DOCU positions
Highlights from 2020 Q4 filing as compared to Q3 2020:
  • New positions in: YSG (~5.71 mln shares), ONEM (~3.93 mln), ASO (~1.75 mln), DASH (~1.6 mln), MSP (~1.5 mln), AI (~1 mln), OZON (~0.75 mln), COUP (~0.67 mln), ABNB (~0.65 mln), YQ (~0.48 mln), SQ (~0.41 mln), INTU (~0.22 mln)
  • Increased positions in: UBER (to ~27.68 mln shares from ~15.54 mln shares), EGHT (to ~9 mln from ~4.95 mln), API (to ~1.73 mln from ~0.07 mln), ASAN (to ~2.42 mln from ~0.93 mln), DOCU (to ~1.77 mln from ~0.3 mln) SE (to ~9.23 mln from ~8.36 mln), GDRX (to ~2.15 mln from ~1.4 mln) SNOW (to ~1.75 mln from ~1.25 mln), MSFT (to ~11.89 mln from ~11.41 mln),
  • Maintained positions in: JD (~51.65 mln shares), APO (~33.91 mln shares), PDD (~14.05 mln shares), PTON (~7.86 mln shares), CRWD (~7.54 mln shares), CVNA (~6.01 mln shares), TAL (~5.76 mln shares), DDOG (~4.76 mln shares), BABA (~4.48 mln shares),
  • Closed positions in: TME (from ~2.7 mln shares), FTCH (from ~0.5 mln), CDAY (from ~0.17 mln), TENB (from ~0.15 mln), CDLX (from ~0.12 mln), BILI (from ~0.1 mln)
  • Decreased positions in: PLAN (to ~1.28 mln shares from ~6.8 mln shares), SMAR (to ~0.36 mln from ~4.15 mln), FB (to ~6.33 mln from ~8.75 mln), MDB (to ~0.08 mln from ~1.91 mln), TWLO (to ~0.07 mln from ~1.89 mln), GDS (to ~4.36 mln from ~5.73 mln), PYPL (to ~0.9 mln from ~2.15 mln), FLT (to ~0.65 mln from ~1.3 mln), NFLX (to ~1.06 mln from ~1.55 mln)

FT :Citigroup loses bid to recover $500m sent to funds by mistake

Citigroup loses bid to recover $500m sent to funds by mistake
US judge rules recipients can keep the money in case involving loan made to Revlon

A US judge has dealt a blow to Citigroup’s efforts to recover hundreds of millions of dollars mistakenly sent to a group of asset managers, ruling the recipients are allowed to keep the erroneous payments.

The decision stems from a dispute between Citigroup and funds that were creditors of one of its clients, the cosmetics company Revlon. In August, Citi intended to send the funds interest payments of less than $8m on a loan made in 2016 to finance Revlon’s acquisition of rival Elizabeth Arden. 

Instead, it ended up sending the Revlon lenders $900m — the entire principal and all outstanding interest — in what the bank described as an “operational error”.

The bank quickly moved to retrieve the funds, but most of the funds refused to co-operate, leading to a legal battle over some $500m of the payments that were not returned. The bank has recovered the remaining $400m.

Despite finding that the money Citi sent was “indisputably transferred by mistake”, Jesse Furman, a US district judge in Manhattan, wrote that he was bound by precedent to rule in favour of the funds.

“Were the court writing on a blank slate,” the judge wrote, he might have ruled in favour of Citi, given that the bank “realised its error and notified the lenders within one day”.

But New York law is explicit, he found: a recipient may keep funds transferred by mistake if they pay off a debt, the recipient did not know of the mistake and the recipient did not trick the sender into making the payment.

Judge Furman said the recipients had good reason to believe the payments were intentional. “To believe that Citibank, one of the most sophisticated financial institutions in the world, had made a mistake that had never happened before, to the tune of nearly $1bn — would have been borderline irrational,” he wrote.

In a statement, Citi said it “strongly” disagreed with the decision and that it intended to appeal. “We believe we are entitled to the funds and will continue to pursue a complete recovery of them.”

A US judge has dealt a blow to Citigroup’s efforts to recover hundreds of millions of dollars mistakenly sent to a group of asset managers, ruling the recipients are allowed to keep the erroneous payments.

The decision stems from a dispute between Citigroup and funds that were creditors of one of its clients, the cosmetics company Revlon. In August, Citi intended to send the funds interest payments of less than $8m on a loan made in 2016 to finance Revlon’s acquisition of rival Elizabeth Arden. 

Instead, it ended up sending the Revlon lenders $900m — the entire principal and all outstanding interest — in what the bank described as an “operational error”.

The bank quickly moved to retrieve the funds, but most of the funds refused to co-operate, leading to a legal battle over some $500m of the payments that were not returned. The bank has recovered the remaining $400m.

Despite finding that the money Citi sent was “indisputably transferred by mistake”, Jesse Furman, a US district judge in Manhattan, wrote that he was bound by precedent to rule in favour of the funds.

“Were the court writing on a blank slate,” the judge wrote, he might have ruled in favour of Citi, given that the bank “realised its error and notified the lenders within one day”.

But New York law is explicit, he found: a recipient may keep funds transferred by mistake if they pay off a debt, the recipient did not know of the mistake and the recipient did not trick the sender into making the payment.

Judge Furman said the recipients had good reason to believe the payments were intentional. “To believe that Citibank, one of the most sophisticated financial institutions in the world, had made a mistake that had never happened before, to the tune of nearly $1bn — would have been borderline irrational,” he wrote.

In a statement, Citi said it “strongly” disagreed with the decision and that it intended to appeal. “We believe we are entitled to the funds and will continue to pursue a complete recovery of them.”