Replacement Annual Financial Report -18-
01 May 2010 - 1:47AM
UK Regulatory
in the fair value.
The results and financial position of any subsidiary whose functional currency
is not the same functional currency of the Company are translated into the
Company's presentation currency using the following procedures:
(a) assets and liabilities are translated at the closing rate at the date of the
statement of financial position;
(b) income and expenses are translated at average exchange rates during the
period; and
(c) all resulting exchange differences are taken directly to a separate
component of net assets attributed to participating shareholders. On disposal of
the foreign subsidiary, the deferred cumulative amount is recognised in the
statement of comprehensive income.
NOTES TO THE FINANCIAL STATEMENTS (continued)
For the year ended 31 December 2009
2. SIGNIFICANT ACCOUNTING POLICIES (continued)
2n. Taxation
Under current law and Irish practice the Company qualifies as an investment
undertaking under Section 739B of the Taxes Consolidation Act 1997 and is not
therefore chargeable to Irish tax on its relevant income or relevant gains. No
stamp, transfer or registration tax is payable in Ireland on the issue,
redemption or transfer of shares in the Company. Distributions and interest on
securities issued in countries other than Ireland may be subject to taxes
including withholding taxes imposed by such countries. The Company may not be
able to benefit from a reduction in the rate of withholding tax by virtue of the
double taxation agreement in operation between Ireland and the other countries.
The Company may not therefore be able to reclaim withholding tax suffered by it
in particular countries.
To the extent that a chargeable event arises in respect of a shareholder, the
Company may be required to deduct tax in connection with that chargeable event
and pay the tax to the Irish Revenue Commissioners. A chargeable event can
include payments to shareholders, appropriation, cancellation, redemption,
repurchase or transfer of shares, or a deemed disposal of shares every 8 years
beginning from the date of acquisition of those shares. Certain exemptions can
apply. To the extent that Shareholders have appropriate tax declarations in
place with the Company there may be no requirement to deduct tax.
The Group's subsidiary, Gale Force 4 is a Cayman Island CLO. Under existing
Cayman Island law the payments of principal and distributions will not be
subject to taxation in the Cayman Islands and no withholding tax will be
required on such payments to any noteholder and gains derived from the sale of
notes will not be subject to Cayman Islands income or corporation tax. It is
exempt from all forms of taxation in the Cayman Islands, including income,
capital gains and withholding taxes.
2o. Distributions
Distributions to holders of redeemable participating shares are recorded in the
statement of comprehensive income when they are declared to the members.
Distributions are based on net income received during the period less expenses
and do not include realised and unrealised capital gains and losses on
investments. Distributions are recognised in the statement of comprehensive
income as finance costs.
2p. Loans and Receivables
Loans and receivables are non-derivative financial assets with fixed or
determinable payments that are not quoted in an active market. The Company
includes in this category amounts relating to cash collateral on securities
borrowed and other short-term receivables.
2q. Significant accounting judgments and estimates
(i) Fair value of financial instruments
The Company's CDO assets are not actively traded and given the illiquidity in
current market conditions, market quotations may not be available or may not
necessarily represent the realisation value of at the statement of financial
position date.
When the fair value of financial assets and financial liabilities recorded in
the statement of financial position cannot be derived from active market
quotations, they are determined using valuation techniques including the use of
discounted cash flow models. The inputs to these models are taken from
observable markets where possible but where this in not feasible, a degree of
judgment is required in establishing fair values. The judgments include
considerations of liquidity and model inputs such as credit risk, correlation
and volatility. Changes in assumptions relating to these factors could affect
the reported fair value of financial instruments. The models are calibrated
regularly and tested for validity using prices from any observable current
market transactions in the same instrument or based on observable market data.
The key assumptions applied are base discount rate 36.69% (31 December 2008:
36.69%), default rate (long term annual rate of 2% (31 December 2008: 2%) and
severity loss 30% (31 December 2008: 30%). The most significant of these is the
base discount rate which is adjusted to reflect the credit risk of the
respective financial instruments. Adjustments are made, among others, in respect
of the overcollaterisation cushion, the weighted average rating factor and
weighted average spread.
NOTES TO THE FINANCIAL STATEMENTS (continued)
For the year ended 31 December 2009
3. FINANCIAL INSTRUMENTS AT FAIR VALUE THROUGH PROFIT OR LOSS
As described in the accounting policies note, the Group and Company have
financial assets and financial liabilities designated at fair value through
profit or loss and derivative financial instruments held for trading. The
following table shows financial instruments recognised at fair value, analysed
between those whose fair value is based on:
o quoted prices (unadjusted) in active markets for identical assets or
liabilities (Level 1);
o inputs other that quoted prices included in Level 1 that are observable for
the asset or liability, either directly (as prices) or indirectly (derived from
prices) (Level 2);
o inputs for the asset or liability that are not based on observable market data
(unobservable inputs) (Level 3).
Company
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| | | 31 December 2009 |
+----------------------------+----------+-------------------------------------------------------------------+
| | | Level | Level | Level | Total |
| | | 1 | 2 | 3 | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Financial assets at fair | | | | | |
| value through profit or | | | | | |
| loss | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Financial assets held for | | | | | |
| trading | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Derivative financial | | | | | |
| assets | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Forward currency contracts | | 399,699 | | | 399,699 |
| | | | - | - | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Financial assets | | | | | |
| designated at fair value | | | | | |
| through profit or loss | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| | | | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Collateralised debt | | | 9,253,585 | 31,155,053 | 40,408,638 |
| obligations | | - | | | |
+----------------------------+----------+--------------+-------------+------------------+-------------------+
| Equities | | | | 271,140 | 271,140 |
| | | - | - | | |
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