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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.

Recharge Wrap-up: Renault-Nissan at COP21, fast charging viability

Nissan and Renault's combined fleet of 200 EVs drove over 175,000 kilometers (about 108,700 miles) during the COP21 environmental summit in Paris. The largest fleet of EVs for any international conference served as shuttles for attendees, saving almost 182 barrels of oil and 18 tons of CO2 emissions. In addition to providing the Nissan Leaf, Nissan e-NV200, and Renault Zoe EV shuttles, the Renault-Nissan Alliance also set up a network of 90 chargers to support the fleet. 13 of the 27 quick and semi-quick chargers will remain in place for public use. Read more in the press release below.Siemens names Ann Arbor, Michigan for its first Center of Excellence for Intelligent Traffic Technology. The company will implement new and upgrade existing traffic technologies in the city, including cloud-based traffic management software, local controller software and an adaptive traffic control system designed to improve traffic flow and safety. In a college town with highly varying numbers of students and visitors throughout the year, "the need to move traffic in and out of the city efficiently is crucial not only for economic and environmental impacts, but for quality of life for Ann Arbor residents," says Marcus Welz, president of Siemens Intelligent Traffic Systems. Many Ann Arborites (your author included) would surely agree. Read more at Green Car Congress, or in the release from Siemens.A study in Ireland found that public fast charging could soon become commercially viable. The researchers found parking spots to be the most popular public charging locations, and that fast chargers saw the most frequent use, suggesting commercial viability for the infrastructure in the short- to medium-term. The study also found that most drivers prefer to charge at home, and do so during peak hours. Incentivization could be necessary to break people from this habit. Read more at Green Car Congress.

France could reduce its Renault stake to solidify partnership with Nissan

French Finance Minister Bruno Le Maire said France is ready to cut its stake in Renault in order to consolidate Renault's partnership with Nissan, Agence France Press (AFP) reports. Le Maire said Paris, which has a 15% stake in Renault, might consider reducing its stake, if it led to a "more solid" alliance between the Japanese and French firms, the French news agency reported, citing an interview with the minister. "We can reduce the state's stake in Renault's capital. This is not a problem as long as, at the end of the process, we have a more solid auto sector and a more solid alliance between the two great car manufacturers Nissan and Renault," he told AFP. Le Maire had earlier said the French government was open to tie-ups involving Renault as long as French industrial interests were protected, and would consider any Renault deal with Fiat Chrysler that respected the French firm's alliance with its Japanese partner Nissan. Fiat on Thursday abandoned its $35 billion merger offer for Renault, blaming French politics for scuttling what would have been a landmark deal to create the world's third-biggest automaker behind Japan's Toyota and Germany's Volkswagen. The French government had welcomed the merger plan, but overplayed its hand by pushing for a series of guarantees and concessions that eventually exhausted the patience of FCA, sources told Reuters. Renault and Nissan were not immediately available to respond to a request seeking comment. (Reporting by Mekhla Raina in Bengaluru; editing by Richard Pullin and Elaine Hardcastle)