Ghosn, Kelly and Nissan Motor Corp. Indicted for Violating The Japan Financial Instruments and Exchange Act

AutoInformed on Japanese corporte governance and Nissan

Nissan Motor Co. 119th Ordinary General Meeting of Shareholders June 2018.

Today, Nissan Motor Company’s former Representative Director and Chairman Carlos Ghosn, former Representative Director Greg Kelly and Nissan Motor Corporation were indicted for violating the Japan Financial Instruments and Exchange Act, specifically for making false disclosures in annual securities reports. Ghosn was also re-arrested  because he allegedly did not report deferred compensation for the three years ending March 2018. Prosecutors have 24 days to indict or go to trial. Ghosn will be spending Christmas in an 80-square foot cell in Tokyo.

The latest twist from the financial fates prompted a terse “Nissan takes this situation extremely seriously. Making false disclosures in annual securities reports greatly harms the integrity of Nissan’s public disclosures in the securities markets, and the company expresses its deepest regret.”

Thus – as predicted – this case, besides from revealing the rift between Nissan and its European partner Renault that saved it from bankruptcy, has cast a cold beam of light on Japanese corporate governance – or is that non-governance? – practices.

As AutoInformed previously noted, “After reviewing an internal investigation, the circumstances under which it was established, and its contents remain secret in the murky and oft-criticized world of Japanese corporate management, the Nissan board voted unanimously:

  • To discharge Carlos Ghosn as Chairman of the Board
  • To discharge Carlos Ghosn as Representative Director
  • To discharge Greg Kelly as Representative Director
  • To “study the creation of a special committee to appropriately take advice from an independent third party regarding the governance management system and better governance of director compensation. The three independent directors – Masakazu Toyoda, Keiko Ihara and Jean-Baptiste Duzan – will lead the study, well, of a possible study.”

Renault-Nissan-Mitsubishi is today the world’s largest automotive partnership, with combined sales of more than 10.6 million vehicles in calendar year 2017. Nissan’s share at 5.7 million is a little more than half of the total. The companies need each other.

Not surprisingly Nissan said, “it will continue its efforts to strengthen its governance and compliance, including making accurate disclosures of corporate information.”

 

About Ken Zino

Ken Zino, editor and publisher of AutoInformed, is a versatile auto industry participant with global experience spanning decades in print and broadcast journalism, as well as social media. He has automobile testing, marketing, public relations and communications experience. He is past president of The International Motor Press Assn, the Detroit Press Club, founding member and first President of the Automotive Press Assn. He is a member of APA, IMPA and the Midwest Automotive Press Assn. He also brings an historical perspective while citing their contemporary relevance of the work of legendary auto writers such as Ken Purdy, Jim Dunne or Jerry Flint, or writers such as Red Smith, Mark Twain, Thomas Jefferson – all to bring perspective to a chaotic automotive universe. Above all, decades after he first drove a car, Zino still revels in the sound of the exhaust as the throttle is blipped during a downshift and the driver’s rush that occurs when the entry, apex and exit points of a turn are smoothly and swiftly crossed. It’s the beginning of a perfect lap. AutoInformed has an editorial philosophy that loves transportation machines of all kinds while promoting critical thinking about the future use of cars and trucks. Zino builds AutoInformed from his background in automotive journalism starting at Hearst Publishing in New York City on Motor and MotorTech Magazines and car testing where he reviewed hundreds of vehicles in his decade-long stint as the Detroit Bureau Chief of Road & Track magazine. Zino has also worked in Europe, and Asia – now the largest automotive market in the world with China at its center.
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One Response to Ghosn, Kelly and Nissan Motor Corp. Indicted for Violating The Japan Financial Instruments and Exchange Act

  1. Pingback: Nissan Scandal – a Gift That Keeps on Giving – Executive Officer and Vice COO Jun Seki Unexpectedly Resigns | AutoInformed

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