(2) pursuant to the answer of 28 January 2009, Official Report, columns 587-8W, on Government shareholding, when copies of the placing and open offer agreements were placed in the Library;
(3) pursuant to the answer of 28 January 2009, Official Report, columns 587-8W, on Government shareholding, where in the documents referred to in the answer information is provided on whether the non-payment of preference dividends by the board of directors would be treated as an act of default entitling the Government to initiate proceedings for the winding-up of the company;
(4) pursuant to the answer of 28 January 2009, Official Report, columns 587-8W, on Government shareholding, for what reasons he did not bring forward proposals to (a) make the preference shares cumulative and (b) adjust the coupon on the shares to a lower rate; and if he will make a statement;
(5) pursuant to the answer of 28 January 2009, Official Report, columns 587-8W, on Government shareholding, where in the documents referred to in the answer information is given on (a) what happens if the board of directors decides to pass the preference dividends and (b) whether the lost dividend will be recoverable for the public purse.
On 1 December 2008, the Government purchased both 22.8 billion RBS ordinary shares at 65.5p and five million RBS preference shares at £1,000 each. On 19 January 2009, the Government, in consultation with UKFI, agreed to convert the RBS preference shares, plus accrued coupon and underwriting fees, into ordinary shares. The Government will acquire those that are not bought by existing shareholders in the placing and open offer process. The placing price is 31.75p.
As of 15 January 2009, immediately prior to the merger between Lloyds TSB and HBOS, the Government purchased 2.6 billion Lloyds TSB ordinary shares at £1.733 each and one million Lloyds TSB preference snares at £1,000 each, as well as 7.5 billion HBOS ordinary shares at £1.136 each and three million HBOS preference shares at £1,000 each.
The final placing and open offer agreements have been in the Libraries of both Houses of Parliament since 18 November 2008.
Schedule 1 of the preference share agreements makes clear that if a dividend is not paid the preference share holders ‘shall have no claim in respect of such non-payment’. It also makes clear that the shares are non-cumulative, and therefore lost dividend is not recoverable.
The preference share dividend was required to be non-cumulative and discretionary to enable the investment to score as the best type of capital (tier one) and thereby to maximise the impact on financial stability.