Announcement no. 27 - NewCap holding a/s has received claims for repayment and compensation from Finansieringsselskabet af 11/2 2010 A/S


A Bankruptcy petition was filed against Capinordic Bank A/S (“the Bank”) on 11
February 2010. The same day the Financial Stability Company, Finansiel
Stabilitet A/S, and the liquidator of the bankruptcy estate concluded an
agreement on the transfer of all assets in the Bank to Finansieringsselskabet
af 11/2 2010 A/S (“the Financing Company”), a subsidiary of Finansiel
Stabilitet A/S. 

The Financing Company had been ordered by its board of directors to carry out a
legal investigation of certain specified matters of the Bank. The result was a
report published on 3 August 2010, which comprised a statement prepared by
Carsten Fode, attorney. 

In this report, Mr Fode concluded that he had identified intra-Group
transactions between both the Bank and its parent company, Capinordic A/S (now
NewCap holding a/s) ("the Company"), and the Bank and its subsidiaries, which
transactions were deemed by Mr Fode to be in violation of the Danish Financial
Business Act. 

On behalf of the Financing Company, Mr Fode has today in addition forwarded a
more specific statement of its opinion on the intra-Group transactions between
the Bank and the Company or other Group enterprises. 

The Financing Company has reviewed the following transactions: 

The Bank's acquisition of Dansk O.T.C. Fondsmæglerselskab A/S in 2009: The
Financing Company has claimed repayment of DKK 28m. 

The Bank's acquisition and subsequent divestment of Aktie & Valutainvest Nordic
ApS in 2008-2009: The Financing Company has claimed compensation in the amount
of DKK 4m. 

The Bank's purchase of shares in Mercon A/S in 2009: The Financing Company has
claimed rescission of the transfer agreement and repayment of DKK 30m. 

The Bank's intra-Group transactions in shares with Aktie & Valutainvest ApS in
2008: The Financing Company has claimed cancellation of the intra-Group share
transactions and repayment of DKK 61m. 

The Bank's management agreement with NewCap holding a/s (formerly Capinordic
A/S) in 2007: the Financing Company has reserved the right to make subsequent
claims. 

The Bank's lease with I/S Strandvejen 56-58 in 2006: the Financing Company has
reserved the right to make subsequent claims. 


Based on the investigations of the Financing Company, claims have been made
against the Company in respect of the first four transactions of a total amount
of DKK 123m. 

On the present basis, the Company contests the legitimacy of the claims made
and has asked its lawyer to assess the claims, including to what extent the
claims will affect the results and balance sheet of the Company. When we have
received the conclusion from our lawyer, we will make an announcement.
Consequently, the publication of the interim financial report for the six-month
period ended 30 June 2010 will be postponed from 17 August to 27 August 2010. 


Yours sincerely

Henrik Vad
Group CEO


For further information, please contact:
Henrik Vad, CEO
+45 8816 3000
+45 8816 3213
info@capinordic.com

Attachments

company announcement no  27.pdf