GulfBase Live Support
27/08/2012 13:16 AST
A Kuwaiti investment company wants a US court to allow it to pursue legal action against Carlyle Group in the Arabian Gulf state.
National Industries Group (NIG), owned by one of Kuwait's biggest merchant families, is taking legal action to recover a US$25 million (Dh91.8m) investment wiped out by the financial crisis, alleging a unit of the US private equity giant was not legally allowed to sell it securities.
"NIG argues that the investment contract is void because Carlyle, despite doing business for years in the Middle East, has never had a securities licence in Kuwait," the firm said.
Carlyle, based in the US, filed a court action that was due to be heard in Delaware but NIG has argued the dispute should be heard in Kuwait, where it alleges Carlyle lacked the licence to pitch the deal.
NIG made the investment in Carlyle Capital Corporation, an investment fund based in Guernsey, in 2006. The fund, which collapsed two years later, was one of the most high-profile victims of the global financial crisis - despite being designed by Carlyle Group to invest only in safe assets.
"Not only did Carlyle salespeople repeatedly misrepresent the safety of the underlying investments and the conservative parameters for managing the fund, but they failed to disclose that Carlyle, which bills itself as a Middle East expert, lacked the necessary licence to even legally offer the investments in Kuwait," NIG claimed.
Court filings provided by NIG argue selling securities without a licence nullified the transaction, which it argues would allow NIG to recover the entirety of its $25m investment under Kuwaiti law.
NIG has asked a Delaware court hearing the case to dismiss it and for the case to be heard in Kuwait instead.
Carlyle Capital Corp defaulted in March 2008 and collapsed later that month after the implosion of the US property market caused the value of the assets backing the transaction to plunge.
The fixed-income fund, which according to its financial statements held $22.3 billion in investment assets in September 2007, was designed to invest in safe assets but its high level of leverage became an Achilles' heel as a result of the property downturn.
"It appears unlikely that there will be any distribution paid to shareholders in respect of their investment and that the shares are therefore unlikely to have any value," the fund's liquidators said in a message to investors in 2009. NIG launched fraud claims in Kuwait later that year.
For more on this Click Here
The National
06/04/2014
Kuwait's National Industries Group has signed a memorandum of understanding to sell a 29.9 percent stake in Noor Financial Investment Co to an unidentified buyer for 28 million dinars ($99.43 million
Reuters
18/08/2012
Capital Intelligence (CI), the international credit rating agency, announced that it has reaffirmed the rating of NIG Sukuk Company's $475m Mudaraba Sukuk at 'BBB-'. The Outlook for the rating is 'St
AME Info
15/08/2012
Kuwait's National Industries Group Holding (NIG) will repay its 475 million US dollars Islamic bond, or Sukuk, when it matures on August 16, it said on Tuesday, dropping earlier plans to get a four-y
Reuters
13/01/2025
Aldar Properties, Abu Dhabi's biggest listed developer, has raised Dh9 billion ($2.45 billion) in a sustainability-linked revolving credit facility from a syndicate of 15 UAE-based and international
The National
12/01/2025
Ooredoo announced on Sunday the appointment of Sheikh Nasser bin Hamad al-Thani as the new chairman of Ooredoo Kuwait.
Most recently, Sheikh Nasser was appointed as Group Regional CEO for th
11/01/2025
One of the fastest-growing logistics businesses in Mena region, GWC has marked "20 years of excellence and innovation", achieved significant milestones and won prestigious awards, solidifying its pos
Gulf Times
11/01/2025
Almarai, the world's largest vertically integrated dairy company and the world's fourth most valuable dairy brand in 2024, has successfully implemented RISE with SAP on Google Cloud. This milestone m
Saudi Gazette
05/01/2025
Elm, a pioneer in digital solutions, enhanced its brand identity, reflecting the company's ambitious and prominent objective. Leveraging comprehensive knowledge, a forward-thinking mindset, and a pro