jhnvtjll
16 years ago
This could be the reason for today's surge:
Treasury, SEC, CFTC To Unveil OTC Derivatives Regulatory Plan
By Sarah N. Lynch, Of DOW JONES NEWSWIRES
WASHINGTON -(Dow Jones)- The Treasury Department will unveil its plan for regulatory reform of over-the-counter derivatives late Wednesday afternoon, Michael Dunn, the acting chairman of the Commodity Futures Trading Commission, said Wednesday.
Speaking at an advisory committee meeting at the CFTC's offices, Dunn said he will appear alongside Treasury Secretary Timothy Geithner and Securities and Exchange Commission Chairman Mary Schapiro at 4 p.m. EDT to discuss the details.
He declined to elaborate until the plan is announced.
Over-the-counter derivatives such as credit-default swaps have been the target of much criticism since the financial crisis began. The trading of credit- default-swap contracts led to the near downfall and government bailout of American International Group (AIG). While the SEC has antifraud authority over swaps, neither the CFTC nor the SEC is allowed by law to regulate them.
TheBullTwit
16 years ago
*
Estimated Market Cap
$56,858,528 as of Mar 20, 2009
*
Outstanding Shares
28,009,127 as of Jul 10, 2008
*
Number of Share Holders of Record
8,800 as of Nov 29, 2007
TheBullTwit
16 years ago
9-Mar-2009
Change in Directors or Principal Officers, Financial Statements and Exhibits
Item 5.02 Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
Retirement of Steve Gutierrez
On March 19, 2009, FCStone Group, Inc. ("FCStone") and Steve Gutierrez executed a Separation Agreement and General Release (the "Separation Agreement") providing for his retirement as Chief Operations Officer from FCStone effective March 13, 2009 (the "Effective Date"). The Separation Agreement provides certain compensation and benefits in connection with his retirement and supersedes Mr. Gutierrez's existing employment agreement with FCStone.
The terms of the Separation Agreement provide that Mr. Gutierrez will be entitled to receive: (i) payment for any unreimbursed reasonable and necessary business expenses he incurred on or before the Effective Date,
(ii) reimbursement for any of Mr. Gutierrez's out-of-pocket expenses related to his 2009 physical examination, (iii) a lump-sum severance payment of $528,000, less applicable withholdings and deductions, (iv) payment of his previously-earned and disclosed 2008 Long Term Incentive Plan award in the gross amount of $943,605, less applicable withholdings and deductions, and (v) a payment of $7,260 owed under the Second Amended and Restated Mutual Commitment Plan.
The Separation Agreement also provides that any stock options previously awarded to Mr. Gutierrez will vest as of the Effective Date and that Mr. Gutierrez will have until the sooner of March 12, 2012 or the exercise expiration date on the underlying options to exercise such options.
In exchange for the benefits offered, Mr. Gutierrez provided FCStone with general releases with respect to claims arising out of his employment or separation from employment and agreed to the survival of Paragraphs 12-16 of his employment agreement with FCStone. These provisions cover, among other things, disclosure of confidential information and prohibitions on competition and solicitation.
In addition, under the Separation Agreement, FCStone agrees to release Mr. Gutierrez from any claims arising out of his Mr. Gutierrez's employment with FCStone, excluding any claims FCStone may have against Mr. Gutierrez based on illegal conduct, fraud or unethical conduct, or claims that are unknown to FCStone as of the Effective Date, or that may arise in the future. Under the Separation Agreement, FCStone agrees to indemnify and provide a legal defense to Mr. Gutierrez to the fullest extent allowed by FCStone's Bylaws.
A copy of Mr. Gutierrez's employment agreement is filed as Exhibit 10.1 to the FCStone's Current Report on Form 8-K on November 12, 2008. The Separation Agreement is filed with this report as Exhibit 10.1.
Item 9.01 Financial Statements and Exhibits.
Number Description
10.1 Separation Agreement and General Release between FCStone Group, Inc. and
Steve Gutierrez.
TheBullTwit
16 years ago
FCStone Group, Inc. (FCSX)
FCStone Group, Inc., through its subsidiaries, operates as an integrated commodity risk management company primarily in the United States. The company provides risk management consulting and transaction execution services to commercial commodity intermediaries, end-users, and producers. It assists primarily middle market customers in optimizing their profit margins and mitigating their exposure to commodity price risk. The company operates through three segments: Commodity and Risk Management Services, Clearing and Execution Services, and Financial Services. The Commodity and Risk Management Services segment offers commodity services to its customers with an emphasis on risk management using futures, options, and other derivative instruments. The Clearing and Execution Services segment provides clearing and direct execution services to commodities firms, fund operators, commodities traders, and others. The Financial Services segment serves as a grain financing and facilitation business, and lends to commercial grain-related companies against physical grain inventories. It operates as a financing vehicle for various commodities, including grain, energy products, and renewable fuels. The company also markets carbon and other emission credits generated by third parties. FCStone Group was founded in 1968 and is headquartered in Kansas City, Missouri.