The CSSF may confirm that on 18 November 2009, at its request, the 1st vice-president of the Luxembourg district court, sitting in commercial matters, appointed, in accordance with article 25(2) of the Luxembourg securitisation law of 22 March 2004, KPMG ADVISORY s.à r.l., represented by Mr. Eric COLLARD, as provisional administrator (administrateur provisoire) of the société anonyme LIFEMARK S.A. (“Lifemark”), with registered office at 46A, avenue John F. Kennedy, Luxembourg, for a period of three months from the delivery of this order, with a mission of auditing, initiative and investigation.
The nomination of KPMG as administrateur provisoire within this limited scope does not deprive, except for possible emergency measures, the board of directors of Lifemark from its statutory powers. The board of directors must however inform KPMG of all future decisions before they can validly be taken by the board. The provisional administrator has been appointed to develop, together with Lifemark’s board of directors, a long-lasting solution to the company’s current problems. It is important to understand, and the court has expressly confirmed in its decision of 18 November 2009, that “this measure shall not qualify as an insolvency procedure such as bankruptcy (faillite), controlled management (gestion contrôlée), a procedure of suspension of payments (sursis de paiement) or judicial liquidation (liquidation judiciaire).”
Lifemark issued a series of bonds which were used to underpin a number of retail investment products provided and administered by a UK company, Keydata Investment Services Limited (“Keydata”), to UK consumers. Keydata was placed into administration by the UK Regulator, the Financial Services Authority (the “FSA”), on 8 June 2009 due to substantial tax liabilities arising from irregularities with its products. The investors in these Keydata products are the ultimate beneficial owners of the majority of the bonds issued by Lifemark.
The CSSF and the FSA are working together in close cooperation in this matter.