Peter Barker-Homek in $460m legal claim against Taqa



Taqa, the Abu Dhabi National Energy Company, is facing a US$460 million (Dh1.69 billion) legal battle with its former chief executive, Peter Barker-Homek. In a complaint filed in the US federal court in Michigan, Mr Barker-Homek alleges breach of contract by Taqa. He says that last October 16 he signed a severance agreement "under severe duress", immediately ending his employment without further compensation.

The former Taqa boss alleges he was threatened with arrest and imprisonment if he did not sign. The suit filed last Friday by his attorney Miller Barondess states that Mr Barker-Homek signed a new employment agreement with Taqa in 2008 under which he was to receive up to $3.2m in annual compensation, including $800,000 a year in salary, until his 60th birthday. The suit states that Mr Barker-Homek received the maximum possible bonus of $2.4m a year for the first two years of the new contract, which effectively quadrupled his previous annual compensation. The suit claims $30m for lost compensation resulting from alleged wrongful termination of employment.

The complaint further alleges that Mr Barker-Homek was fired for speaking out against "fraudulent and unethical practices" at Taqa, after he was "hired to make Taqa a meritocracy with transparent policies and practices that would be acceptable in business and financial markets around the world". In a statement yesterday, Taqa said it had been informed of its former chief executive's complaint and demand for a jury trial in the US.

"The company takes any challenge to its reputation extremely seriously and will vigorously defend itself and the individuals named against the spurious allegations made in the filing," it said. "Taqa will respond to the filing in due course through the appropriate legal channels." Mr Barker-Homek is also seeking damages for "humiliation, anxiety, severe emotional distress" and injury to his reputation.

The claim seeks $310m in compensatory damages and a further $150m in exemplary damages, plus legal costs. Taqa is 75 per cent held by the state-owned Abu Dhabi Water and Electricity Authority. Its remaining share capital is listed on the Abu Dhabi Securities Exchange. During his tenure as Taqa's chief executive from April 2006 to October last year, Mr Barker-Homek built up a portfolio of international oil, gas and electricity assets valued at more than $24.5bn and spread across four continents. Most of the acquisitions were debt-financed. The company's long-term debt approached $17bn last year.

tcarlisle@thenational.ae

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Name: Colm McLoughlin

Country: Galway, Ireland

Job: Executive vice chairman and chief executive of Dubai Duty Free

Favourite golf course: Dubai Creek Golf and Yacht Club

Favourite part of Dubai: Palm Jumeirah

 

SPEC%20SHEET%3A%20NOTHING%20PHONE%20(2a)
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Born: Mukalla, Yemen, 1979

Education: UAE University, Al Ain

Family: Married with two daughters: Asayel, 7, and Sara, 6

Favourite piece of music: Horse Dance by Naseer Shamma

Favourite book: Science and geology

Favourite place to travel to: Washington DC

Best advice you’ve ever been given: If you have a dream, you have to believe it, then you will see it.

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Stars: Cate Blanchett, Kevin Kline, Lesley Manville 

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Credit Score explained

What is a credit score?

In the UAE your credit score is a number generated by the Al Etihad Credit Bureau (AECB), which represents your credit worthiness – in other words, your risk of defaulting on any debt repayments. In this country, the number is between 300 and 900. A low score indicates a higher risk of default, while a high score indicates you are a lower risk.

Why is it important?

Financial institutions will use it to decide whether or not you are a credit risk. Those with better scores may also receive preferential interest rates or terms on products such as loans, credit cards and mortgages.

How is it calculated?

The AECB collects information on your payment behaviour from banks as well as utilitiy and telecoms providers.

How can I improve my score?

By paying your bills on time and not missing any repayments, particularly your loan, credit card and mortgage payments. It is also wise to limit the number of credit card and loan applications you make and to reduce your outstanding balances.

How do I know if my score is low or high?

By checking it. Visit one of AECB’s Customer Happiness Centres with an original and valid Emirates ID, passport copy and valid email address. Liv. customers can also access the score directly from the banking app.

How much does it cost?

A credit report costs Dh100 while a report with the score included costs Dh150. Those only wanting the credit score pay Dh60. VAT is payable on top.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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Stars: Nadine Labaki, Ziad Bakri, Zain Al Rafeea, Riman Al Rafeea

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Kanguva
Director: Siva
Stars: Suriya, Bobby Deol, Disha Patani, Yogi Babu, Redin Kingsley
Rating: 2/5
 
How to protect yourself when air quality drops

Install an air filter in your home.

Close your windows and turn on the AC.

Shower or bath after being outside.

Wear a face mask.

Stay indoors when conditions are particularly poor.

If driving, turn your engine off when stationary.

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Business Insights
  • As per the document, there are six filing options, including choosing to report on a realisation basis and transitional rules for pre-tax period gains or losses. 
  • SMEs with revenue below Dh3 million per annum can opt for transitional relief until 2026, treating them as having no taxable income. 
  • Larger entities have specific provisions for asset and liability movements, business restructuring, and handling foreign permanent establishments.
Company%20Profile
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