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Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

China's largest dealer body pushes back against foreign automakers over huge inventories

Do not think for a second that automakers forcing inventory on dealers in order to pad the numbers is a ruse known only in the US. Stories of individual brands have hinted at the trouble Chinese dealerships are having trying to move units as the country's economic growth remains hot but comes off the boil, like the one revealing that 95 percent of Toyota-FAW showrooms are losing money. Yet Toyota isn't the only culprit, and the issue has become so dire that the China Automobile Dealers Association (CADA), the largest dealer body in the country, has written to the government to complain. Chinese car sales are expected to close out the year with an annualized growth of six-percent, down from last year's 14 percent when targets were set, while in the background the pace of overall economic expansion is the slowest its been since the early nineties. Automakers, shipping cars on schedule to make their earlier targets, have blown up inventories such that they are an average of 1.8 times monthly sales, when the preferred multiplier is from 0.9 to 1.2. According to the CADA, the price wars and necessary incentives mean that only 30 percent of dealers are operating in the black. That number is down a whopping forty percent since 2010. In response, Toyota has already said it will not make its 2014 target of 1.1 million cars sold. We're a long way from 2012, when Toyota planned on selling 1.8 million cars in China in 2015, a target that's now as realistic as a manticore. BMW, Honda and Nissan have erased numbers on their spreadsheets, too; BMW growth dropped from 20 percent to 8 percent midyear after it began "reducing wholesale supplies," and Honda has been reworking its plans as sales have decreased each of the past six months. It's a big deal for Chinese dealers to begin protesting publicly, the CADA saying, "In the past, dealers were angry, but dared not speak out. But now, they have to shout because the situation is getting so unbearable." With six-percent growth forecast for next year and dealers unwilling to remain underwater, The Year of the Sheep coming in 2015 could portend meaning beyond the zodiac. News Source: ReutersImage Credit: AP Photo/Andy Wong BMW Honda Nissan Toyota Car Buying Car Dealers

Recharge Wrap-up: Nissan UK battery plant, Hyundai EV/FCEV station

Hyundai has opened a joint hydrogen fueling/EV charging station in South Korea. Called a "Fusion" station, it allows customers to take advantage of both types of alternative energy Hyundai uses for its vehicles. The station in Gwangju began as a hydrogen station, and EV charging capability was added recently. While users will have in common the use of green energy to power their vehicles, it will be interesting to see if spontaneous debates erupt between drivers over the merits of the two alternative powertrains. Hyundai will now use the hydrogen fueling part of the station to study fuel usage. Read more at Inside EVs. EV charging company EverCharge is teaming up with Schneider Electric to provide charging infrastructure to multi-tenant buildings. Because of the limited electricity for buildings like apartments, condominiums and offices – as well as the fact that multiple occupants often share power – installing charging at such locations has been challenging. EverCharge's SmartPower technology senses excess or limited power supply, and uses it to charge multiple vehicles accordingly. The groups will use this technology along with Schneider Electric's EVlink Home EV Charger to provide charging services at these otherwise difficult locations. Read more at Green Car Congress, or at the EverCharge blog. Nissan will build fourth-generation lithium-ion batteries for the Leaf at its plant in Sunderland, England. The announcement comes amidst rumors of the automaker outsourcing battery production. The decision means that Nissan's $37.5 million investment will preserve 300 jobs at the plant. The factory currently manufactures second-generation, 24-kW Leaf and e-NV200 batteries, and imports the third-generation, 30-kW Leaf battery from Nissan's plant in Smyrna, Tennessee. "Today's announcement reflects Nissan's intention to remain EV leaders for many years to come, with our European operations at the heart of our future innovations," says Nissan Europe Chairman Paul Willcox. Read more at Automotive News Europe, and in the press release below.