EiDF ensures that KPMG has not detected simulated legal transactions

2023-09-04 16:56:25

The photovoltaic self-consumption company EiDF has published a preview of the legal opinion that it has commissioned from KPMG on the ‘forensic’ report issued by Deloitte and says that “sufficient elements have not been detected to fit any current criminal type in the behaviors that it describes ” the same.

According to that Deloitte report, whose conclusions were released on August 24, after the company was suspended from listing on the BME Growth (BME SME market) for more than four months for publishing only a summary of the document. , “evidence of the possible falsification of documents” had been detected. The Deloitte report spoke of “evidence of possible falsification of contracts and documents prepared by those responsible for the company”, as well as “numerous incidents related (…) to invoices and payments for services that could not have been provided or not be justified.”

However, in a communication this Monday to BME Growth, EiDF has indicated that in the first advance of the legal opinion that it commissioned from KPMG it is said that “there would not be sufficient elements to fit any criminal type in force in any of the conducts described in Deloitte’s report, either due to the lack of objective element of the type, due to the total absence of simulation or non-existence of violation of the protected legal right”. It adds that, in the opinion of KPMG Abogados, from the contractual and commercial point of view, and in view of the description of the facts in the Deloitte report, “there would be no indications that lead to the conclusion of the existence of simulated legal transactions, nor of otherwise anomalous (fraudulent, fiduciary or indirect)”.

corporate governance

In addition, Deloitte stated in its report that EiDF should implement an action plan to strengthen corporate governance and internal control procedures. In this sense, in the communication of EiDF this Monday to BME Growth, the company says that the progress of the legal opinion shows that the aforementioned Deloitte report “expresses that the corporate structure of EiDF is in constant evolution and adaptation to the regulations current”. He adds that proof of this “are, for example, the additions to the board of directors, whose approval has been proposed for the next shareholders’ meeting.” The agenda for the meeting, which seeks to increase the number of members of the board of directors from nine to eleven, proposes the incorporation of Laura Bravo and Tiago Moreira da Silva as independent directors, and Guillermo Poch and Laura Zendera as proprietary directors .

Guillermo Poch represents 27 of the company’s initial investors and Laura Zendrera the company’s second shareholder, Mass Investments Ark (a company owned by Alejandro Alorda), which has requested to be on the board and which has 7.61%. The other shareholders with more than 5% are Prosol Energía (managed by Fernando Romero, president of EiDF), which owns 72.16%, and Memento Gestión (a company owned by Julio Sergio Palmero), with 6.63%.

Likewise, the relevant information published this Monday by EiDF in BME Growth indicates that the progress report on the legal opinion of KPMG Abogados indicates that Deloitte’s forensic “contains a series of statements that refer to certain findings that are the result of full collaboration and absolute of how many in the EiDF environment were questioned or requested information”.