Assets under management Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Private Funds
Private funds reported by Elliott Investment Management L.P.
Employee Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Historical AUM and employee figures reflect available SEC Form ADV filings under this CRD. Filing gaps may reflect registration status changes, dormant periods, state registration periods, firm restructuring, or other reporting changes. Rialytix does not interpolate missing periods.
Ownership
Reported direct and indirect ownership ranges
Reported ownership ranges
Highlighted bands show the percentage range reported in Form ADV.
Bars represent the reported range at that individual ownership step, not an estimated percentage of the advisory firm. Indirect relationships may refer to intermediate entities rather than directly to Elliott Investment Management L.P..
Reported ownership and control details
Form ADV · Filing date 2026-07-24 · Schedules A and B
| # | Owner / person & role | Interest in entity | Reported interest | Control person | Title / status acquired | Source |
|---|---|---|---|---|---|---|
| 1 | ELLIOTT CAPITAL ADVISORS, L.P.LIMITED PARTNERDomestic entity | ELLIOTT INVESTMENT MANAGEMENT L.P. | 25% to less than 50%Code C | No | LIMITED PARTNER09/2019 | Schedule APDF page 175 |
| 2 | ELLIOTT INTERNATIONAL ADVISORS GP LLCLIMITED PARTNERDomestic entity | ELLIOTT INVESTMENT MANAGEMENT L.P. | 50% to less than 75%Code D | No | LIMITED PARTNER09/2019 | Schedule APDF page 175 |
| 3 | ELLIOTT INVESTMENT MANAGEMENT GP LLCGENERAL PARTNERDomestic entity | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | GENERAL PARTNER09/2019 | Schedule APDF page 175 |
| 4 | ELLIOT GREENBERGVICE PRESIDENTIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | No | VICE PRESIDENT09/2019 | Schedule APDF page 175 |
| 5 | PAUL ELLIOTT SINGERCO-CHIEF EXECUTIVE OFFICER, CO- CHIEF INVESTMENT OFFICER, PRESIDENTIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | CO-CHIEF EXECUTIVE OFFICER, CO- CHIEF INVESTMENT OFFICER, PRESIDENT09/2019 | Schedule APDF page 175 |
| 6 | EDWARD THOMAS JOELCHIEF COMPLIANCE OFFICERIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | CHIEF COMPLIANCE OFFICER09/2019 | Schedule APDF page 175 |
| 7 | JONATHAN D POLLOCKCO-CHIEF EXECUTIVE OFFICER, CO- CHIEF INVESTMENT OFFICER, CHIEF TRADING OFFICERIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | CO-CHIEF EXECUTIVE OFFICER, CO- CHIEF INVESTMENT OFFICER, CHIEF TRADING OFFICER09/2019 | Schedule APDF page 175 |
| 8 | ZION MOSHE SHOHETCHIEF OPERATING OFFICER, VICE PRESIDENTIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | CHIEF OPERATING OFFICER, VICE PRESIDENT09/2019 | Schedule APDF page 175 |
| 9 | RICHARD BENJAMIN ZABELCHIEF LEGAL OFFICER, GENERAL COUNSEL, VICE PRESIDENTIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | CHIEF LEGAL OFFICER, GENERAL COUNSEL, VICE PRESIDENT09/2019 | Schedule APDF page 175 |
| 10 | JEAN-YVES MAGNANCHIEF FINANCIAL OFFICER, VICE PRESIDENTIndividual | ELLIOTT INVESTMENT MANAGEMENT L.P. | Less than 5%Code NA | Yes | CHIEF FINANCIAL OFFICER, VICE PRESIDENT09/2019 | Schedule APDF page 175 |
| 11 | BRAXTON ASSOCIATES, INC.GENERAL PARTNERDomestic entity | ELLIOTT CAPITAL ADVISORS, L.P. | Percentage not specifiedCode F | Yes | GENERAL PARTNER09/1986 | Schedule BPDF page 176 |
| 12 | ELLIOTT ADVISORS GP LLCGENERAL PARTNERDomestic entity | ELLIOTT CAPITAL ADVISORS, L.P. | Percentage not specifiedCode F | Yes | GENERAL PARTNER12/2018 | Schedule BPDF page 176 |
| 13 | ELLIOTT ASSET MANAGEMENT LLCGENERAL PARTNERDomestic entity | ELLIOTT CAPITAL ADVISORS, L.P. | Percentage not specifiedCode F | Yes | GENERAL PARTNER02/2003 | Schedule BPDF page 176 |
| 14 | PAUL E. SINGER FAMILY TRUST IIHMANAGING MEMBERDomestic entity | PESFT IIH EA LLC | 75% or moreCode E | Yes | MANAGING MEMBER06/2023 | Schedule BPDF page 176 |
| 15 | PAUL ELLIOTT SINGERMANAGING MEMBER, PRESIDENTIndividual | ELLIOTT INVESTMENT MANAGEMENT GP LLC | 75% or moreCode E | Yes | MANAGING MEMBER, PRESIDENT09/2019 | Schedule BPDF page 176 |
| 16 | PAUL ELLIOTT SINGERMANAGING MEMBER, PRESIDENTIndividual | ELLIOTT INTERNATIONAL ADVISORS GP LLC | Percentage not specifiedCode F | Yes | MANAGING MEMBER, PRESIDENT12/2018 | Schedule BPDF page 176 |
| 17 | PAUL ELLIOTT SINGERMANAGING MEMBER, PRESIDENTIndividual | ELLIOTT ASSET MANAGEMENT LLC | 75% or moreCode E | Yes | MANAGING MEMBER, PRESIDENT02/2003 | Schedule BPDF page 176 |
| 18 | PAUL ELLIOTT SINGERPRESIDENT, DIRECTOR, SHAREHOLDERIndividual | BRAXTON ASSOCIATES, INC. | 75% or moreCode E | Yes | PRESIDENT, DIRECTOR, SHAREHOLDER04/1997 | Schedule BPDF page 176 |
| 19 | PAUL ELLIOTT SINGERMANAGING MEMBER, PRESIDENTIndividual | ELLIOTT ADVISORS GP LLC | 75% or moreCode E | Yes | MANAGING MEMBER, PRESIDENT03/2017 | Schedule BPDF page 176 |
| 20 | PESFT IIH EA LLCLIMITED PARTNERDomestic entity | ELLIOTT CAPITAL ADVISORS, L.P. | 25% to less than 50%Code C | No | LIMITED PARTNER06/2023 | Schedule BPDF page 176 |
| 21 | PESFT IIH EI LLCMEMBERDomestic entity | ELLIOTT INTERNATIONAL ADVISORS GP LLC | 25% to less than 50%Code C | No | MEMBER06/2023 | Schedule BPDF page 176 |
| 22 | PESFT2 IIH EI LLCMEMBERDomestic entity | ELLIOTT INTERNATIONAL ADVISORS GP LLC | 25% to less than 50%Code C | No | MEMBER06/2023 | Schedule BPDF page 176 |
| 23 | PAUL E. SINGER FAMILY TRUST IIHMANAGING MEMBERDomestic entity | PESFT IIH EI LLC | 75% or moreCode E | Yes | MANAGING MEMBER06/2023 | Schedule BPDF page 176 |
| 24 | PAUL E. SINGER FAMILY TRUST IIHMANAGING MEMBERDomestic entity | PESFT2 IIH EI LLC | 75% or moreCode E | Yes | MANAGING MEMBER06/2023 | Schedule BPDF page 176 |
Less than 5% may include zero. Code F identifies a role without specifying a percentage. Reported interests may overlap and may not include every owner. Total indirect ownership is not calculated.
Compliance & Disclosures
Filing dated 7/24/2026 5:24:22 PM
Responses were selected by the RIA in its filing. Questions are shortened for readability; “you” refers to the reporting firm, and some questions also cover advisory affiliates.
AFelonies2 No
In the past ten years, have you or any advisory affiliate:
- A1Been convicted of or pleaded guilty or no contest to a felony?No
- A2Been charged with a felony?No
BMisdemeanors2 No
In the past ten years, have you or any advisory affiliate:
- B1Been convicted of or pleaded guilty or no contest to a misdemeanor involving investments, an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion?No
- B2Been charged with a misdemeanor of the kind listed above?No
CSEC or CFTC actions5 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?No
- C2Found you or an advisory affiliate violated SEC or CFTC regulations or statutes?No
- C3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- C4Entered an order against you or an advisory affiliate in connection with investment-related activity?No
- C5Imposed a civil money penalty on you or an advisory affiliate, or ordered you or an advisory affiliate to cease and desist from any activity?No
DOther regulatory actions2 Yes3 No
Has any other federal regulatory agency, state regulatory agency, or foreign financial regulatory authority ever:
- D1Found you or an advisory affiliate made a false statement or omission, or was dishonest, unfair, or unethical?No
- D2Found you or an advisory affiliate violated investment-related regulations or statutes?Yes
- D3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- D4In the past ten years, entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- D5Denied, suspended, or revoked your or an advisory affiliate’s registration or license, or otherwise prevented association with an investment-related business or restricted activities?No
ESelf-regulatory organization actions4 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?No
- E2Found you or an advisory affiliate violated its rules, other than a violation designated as a minor rule violation under an SEC-approved plan?No
- E3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- E4Disciplined you or an advisory affiliate by expulsion, suspension, barring association with other members, or otherwise restricting activities?No
FProfessional authorizations1 No
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?No
GPending regulatory proceedings1 Yes
- GAre you or any advisory affiliate now the subject of a regulatory proceeding that could result in a “Yes” answer to any part of C, D, or E?Yes
HCivil judicial actions and proceedings1 Yes3 No
(1) Court actions
Has a domestic or foreign court:
- H(1)(a)In the past ten years, enjoined you or an advisory affiliate in connection with investment-related activity?Yes
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?No
- H(1)(c)Dismissed, pursuant to a settlement agreement, an investment-related civil action brought against you or an advisory affiliate by a state or foreign financial regulatory authority?No
(2) Pending civil proceedings
- H(2)Are you or any advisory affiliate now the subject of a civil proceeding that could result in a “Yes” answer to any part of H(1)?No
Additional DRP filings 5 source blocks
Verbatim excerpts from supporting DRP filings, which may concern the firm or advisory affiliates. Amounts retain their filed labels; no total or attribution is inferred.
regulatory · block 1PDF pages 236–239
- Regulator name — filed text
- SECURITIES AND EXCHANGE BOARD OF INDIA
- How was matter resolved — filed text
- Order
Action status / disposition — filed text
ON JUNE 5, 2020, ELLIOTT AND AZ SWEDEN RECEIVED A WRITTEN ORDER IN AN ADMINISTRATIVE PROCEEDING CONDUCTED UNDER SECTIONS 11(1), 11(4) AND 11(B) OF THE SEBI ACT 1992 BY SEBI. THE ORDER RELATES TO ALLEGATIONS BY SEBI THAT ELLIOTT AND AZ SWEDEN EMPLOYED MANIPULATIVE AND DECEPTIVE DEVICES BY CONDUCTING FRAUDULENT NEGOTIATIONS TO INFLUENCE THE DELISTING PRICE OF SHARES IN AZ INDIA. THE DELISTING OF AZ INDIA WAS PROPOSED BY AZ SWEDEN IN EARLY 2014 BUT DID NOT TAKE PLACE. AS NOTED ABOVE, THE SEBI ORDER CAN BE INTERPRETED AS SAYING THAT ELLIOTT AND AZ SWEDEN DID NOT COMPLY WITH REQUIREMENTS UNDER THE SEBI (PROHIBITION OF FRAUDULENT AND UNFAIR PRACTICE RELATING TO SECURITIES MARKET) REGULATIONS, 2003. ELLIOTT AND AZ SWEDEN WERE CENSURED AND DIRECTED TO REFRAIN FROM SIMILAR ACTIONS IN THE FUTURE. NO MONETARY PENALTY WAS IMPOSED. ELLIOTT STRONGLY DISAGREES WITH THE ORDER AND THE FINDINGS, CONSIDERS THEM TO BE WHOLLY WITHOUT FACTUAL AND LEGAL FOUNDATION, AND IT REMAINS ELLIOTT'S POSITION THAT THE ACTIVITIES OF ELLIOTT WERE LAWFUL AT ALL TIMES.
Other filed details
Description of allegations — filed text
ON DECEMBER 9, 2016, THE SECURITIES AND EXCHANGE BOARD OF INDIA ("SEBI") ISSUED A "SHOW CAUSE NOTICE" (THE "NOTICE") UNDER SECTIONS 11, 11B AND 11(4) OF THE SEBI ACT, 1992, AND REGULATIONS 3(B), (C), (D) AND 4(1) OF THE SEBI (PROHIBITION OF FRAUDULENT AND UNFAIR PRACTICE RELATING TO SECURITIES MARKET) REGULATIONS, 2003, ADDRESSED TO ELLIOTT ADVISORS (HK) LIMITED ("EAHK"), ELLIOTT MANAGEMENT CORPORATION, ELLIOTT ASSOCIATES, L.P., ELLIOTT INTERNATIONAL, L.P., THE LIVERPOOL LIMITED PARTNERSHIP, MANSFIELD (MAURITIUS) LIMITED, SUFFOLK (MAURITIUS) LIMITED (TOGETHER "ELLIOTT") AND ASTRAZENECA PHARMACEUTICALS AB SWEDEN ("AZ SWEDEN"). THE NOTICE WAS ISSUED PURSUANT TO SEBI'S INVESTIGATION INTO MATTERS CONCERNING A SALE BY AZ SWEDEN OF SHARES IN ASTRAZENECA PHARMA INDIA LIMITED ("AZ INDIA") IN A PUBLIC OFFER FOR SALE PROCESS (THE "OFS") CONDUCTED IN MAY 2013, AND PERCEIVED CONNECTIONS WITH THE SUBSEQUENT INTENDED PRIVATIZATION AND DELISTING OF AZ INDIA THAT WAS ANNOUNCED ON MARCH 3, 2014 BUT WAS NOT EXECUTED. THE NOTICE SET FORTH CERTAIN ALLEGATIONS, INCLUDING THAT (I) ELLIOTT AND AZ SWEDEN EMPLOYED MANIPULATIVE AND DECEPTIVE DEVICES BY CONDUCTING FRAUDULENT NEGOTIATIONS TO INFLUENCE THE DELISTING PRICE OF AZ INDIA; AND (II) MATERIAL INFORMATION CONCERNING SUCH NEGOTIATIONS, THE SIZE OF ELLIOTT'S OVERALL EXPOSURE TO AZ INDIA, AND ITS ABILITY TO INFLUENCE THE INTENDED DELISTING PROCESS WAS CONCEALED FROM RETAIL INVESTORS.
Sanction detail — filed text
SEE ITEM 13 BELOW.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT INTERNATIONAL, L.P.
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
MANSFIELD (MAURITIUS)
LIMITED
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE LIVERPOOL LIMITED
PARTNERSHIP
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
SUFFOLK (MAURITIUS) LIMITED
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT ASSOCIATES, L.P.
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE BOARD OF INDIA
2.
Principal Sanction:
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/09/2016
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
WTM/SM/IVD/ID1/7863/2020-21
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON DECEMBER 9, 2016, THE SECURITIES AND EXCHANGE BOARD OF INDIA ("SEBI") ISSUED A "SHOW CAUSE NOTICE" (THE "NOTICE") UNDER
SECTIONS 11, 11B AND 11(4) OF THE SEBI ACT, 1992, AND REGULATIONS 3(B), (C), (D) AND 4(1) OF THE SEBI (PROHIBITION OF FRAUDULENT AND
UNFAIR PRACTICE RELATING TO SECURITIES MARKET) REGULATIONS, 2003, ADDRESSED TO ELLIOTT ADVISORS (HK) LIMITED ("EAHK"), ELLIOTT
MANAGEMENT CORPORATION, ELLIOTT ASSOCIATES, L.P., ELLIOTT INTERNATIONAL, L.P., THE LIVERPOOL LIMITED PARTNERSHIP, MANSFIELD
(MAURITIUS) LIMITED, SUFFOLK (MAURITIUS) LIMITED (TOGETHER "ELLIOTT") AND ASTRAZENECA PHARMACEUTICALS AB SWEDEN ("AZ SWEDEN"). THE
NOTICE WAS ISSUED PURSUANT TO SEBI'S INVESTIGATION INTO MATTERS CONCERNING A SALE BY AZ SWEDEN OF SHARES IN ASTRAZENECA PHARMA
INDIA LIMITED ("AZ INDIA") IN A PUBLIC OFFER FOR SALE PROCESS (THE "OFS") CONDUCTED IN MAY 2013, AND PERCEIVED CONNECTIONS WITH THE
SUBSEQUENT INTENDED PRIVATIZATION AND DELISTING OF AZ INDIA THAT WAS ANNOUNCED ON MARCH 3, 2014 BUT WAS NOT EXECUTED. THE
NOTICE SET FORTH CERTAIN ALLEGATIONS, INCLUDING THAT (I) ELLIOTT AND AZ SWEDEN EMPLOYED MANIPULATIVE AND DECEPTIVE DEVICES BY
CONDUCTING FRAUDULENT NEGOTIATIONS TO INFLUENCE THE DELISTING PRICE OF AZ INDIA; AND (II) MATERIAL INFORMATION CONCERNING SUCH
NEGOTIATIONS, THE SIZE OF ELLIOTT'S OVERALL EXPOSURE TO AZ INDIA, AND ITS ABILITY TO INFLUENCE THE INTENDED DELISTING PROCESS WAS
CONCEALED FROM RETAIL INVESTORS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Order
11. Resolution Date (MM/DD/YYYY):
06/05/2020
Exact
Explanation
If not exact, provide explanation:
DATE ORDER RECEIVED BY ELLIOTT.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
SEE ITEM 13 BELOW.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON JUNE 5, 2020, ELLIOTT AND AZ SWEDEN RECEIVED A WRITTEN ORDER IN AN ADMINISTRATIVE PROCEEDING CONDUCTED UNDER SECTIONS 11(1),
11(4) AND 11(B) OF THE SEBI ACT 1992 BY SEBI. THE ORDER RELATES TO ALLEGATIONS BY SEBI THAT ELLIOTT AND AZ SWEDEN EMPLOYED
MANIPULATIVE AND DECEPTIVE DEVICES BY CONDUCTING FRAUDULENT NEGOTIATIONS TO INFLUENCE THE DELISTING PRICE OF SHARES IN AZ INDIA.
THE DELISTING OF AZ INDIA WAS PROPOSED BY AZ SWEDEN IN EARLY 2014 BUT DID NOT TAKE PLACE. AS NOTED ABOVE, THE SEBI ORDER CAN BE
INTERPRETED AS SAYING THAT ELLIOTT AND AZ SWEDEN DID NOT COMPLY WITH REQUIREMENTS UNDER THE SEBI (PROHIBITION OF FRAUDULENT AND
UNFAIR PRACTICE RELATING TO SECURITIES MARKET) REGULATIONS, 2003. ELLIOTT AND AZ SWEDEN WERE CENSURED AND DIRECTED TO REFRAIN
FROM SIMILAR ACTIONS IN THE FUTURE. NO MONETARY PENALTY WAS IMPOSED. ELLIOTT STRONGLY DISAGREES WITH THE ORDER AND THE FINDINGS,
CONSIDERS THEM TO BE WHOLLY WITHOUT FACTUAL AND LEGAL FOUNDATION, AND IT REMAINS ELLIOTT'S POSITION THAT THE ACTIVITIES OF
ELLIOTT WERE LAWFUL AT ALL TIMES.regulatory · block 2PDF pages 239–241
- Regulator name — filed text
- AUTORITÉ DES MARCHÉS FINANCIERS
- Monetary/Fine Amount — filed text
- $ 20,345,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ON APRIL 22, 2020, ELLIOTT RECEIVED A WRITTEN DECISION IN AN ADMINISTRATIVE PROCEEDING FROM THE SANCTIONS COMMISSION OF THE AMF IN FRANCE RELATING TO ELLIOTT'S ACTIVITY CONCERNING A TENDER OFFER CONDUCTED BY XPO FOR THE SHARES OF NDSA IN 2015. IN THE WRITTEN DECISION THE AMF FOUND (I) THAT ELLIOTT INACCURATELY DESCRIBED THEIR DERIVATIVE HOLDINGS AS "CONTRACTS FOR DIFFERENCE" RATHER THAN AS "EQUITY SWAPS" IN THEIR PUBLIC DISCLOSURE OF THEIR POSITION IN NDSA; (II) THAT ELLIOTT DID NOT DECLARE THEIR INTENTION TO NOT TENDER THEIR HOLDINGS IN NDSA INTO XPO'S TENDER OFFER IN A TIMELY MANNER; AND (III) THAT EAUK IMPEDED THE AMF'S INVESTIGATION BY MAKING A DELAYED PRODUCTION OF DOCUMENTS THAT ELLIOTT, IN THE AMF'S VIEW, SHOULD HAVE UNDERSTOOD WERE BEING SOUGHT BY THE AMF. ALTHOUGH THE SANCTIONS COMMISSION ACCEPTED THAT ELLIOTT'S DECLARATIONS RELATING TO XPO'S TENDER OFFER DID NOT IN FACT MISLEAD OR CAUSE MARKET PARTICIPANTS TO MODIFY THEIR STRATEGIES CONCERNING THE TENDER OFFER, AND FOUND NO INTENT BY EAUK TO IMPEDE THE AMF'S INVESTIGATION THROUGH THE DELAYED PRODUCTION OF MATERIALS, IT NEVERTHELESS IMPOSED A FINE OF EUR 15 MILLION AGAINST EAUK AND A FINE OF EUR 5 MILLION AGAINST ECALP. ELLIOTT STRONGLY DISAGREES WITH THE FINDINGS AGAINST ELLIOTT IN THIS ADMINISTRATIVE PROCEEDING, CONSIDERS THEM WHOLLY WITHOUT FOUNDATION, VIGOROUSLY OPPOSES ANY SUGGESTION OF WRONGDOING, AND APPEALED THE MATTER TO THE PARIS COURT OF APPEALS. ON MARCH 24, 2022 THE PARIS COURT OF APPEALS DETERMINED THAT ELLIOTT WAS NOT IN FACT REQUIRED IN ITS DECLARATIONS OF INTENT TO DISTINGUISH THE TYPE OF ITS DERIVATIVE HOLDINGS AND REDUCED THE FINE AGAINST EAUK BY EUR 1 MILLION AND AGAINST ECA BY EUR 0.5 MILLION. HOWEVER, THE COURT OF APPEALS UPHELD THE AMF'S FINDINGS THAT: (I) ELLIOTT WAS NEVERTHELESS REQUIRED TO DISTINGUISH THE TYPE OF ITS DERIVATIVE HOLDINGS IN ITS OTHER FILINGS; (II) ELLIOTT DID NOT DECLARE ITS INTENTION TO NOT TENDER ITS HOLDINGS IN NDSA INTO XPO'S TENDER OFFER IN A TIMELY MANNER; AND (III) EAUK IMPEDED THE AMF'S INVESTIGATION BY MAKING A DELAYED PRODUCTION OF DOCUMENTS THAT ELLIOTT, IN THE AMF'S VIEW, SHOULD HAVE UNDERSTOOD WERE BEING SOUGHT BY THE AMF. ELLIOTT DISAGREED WITH THE DECISION OF THE PARIS COURT OF APPEALS AND APPEALED THE DECISION TO THE FRENCH SUPREME COURT, THE COUR DE CASSATION. ON APRIL 4, 2024 THE COUR DE CASSATION AFFIRMED THE DECISION OF THE PARIS COURT OF APPEALS. ELLIOTT DISAGREES WITH THE DECISION OF THE COUR DE CASSATION AND ON AUGUST 2, 2024, ELLIOTT SUBMITTED AN APPLICATION TO THE EUROPEAN COURT OF HUMAN RIGHTS TO HEAR AN APPEAL. ON NOVEMBER 13, 2025, THE EUROPEAN COURT OF HUMAN RIGHTS DECLINED TO HEAR ELLIOTT'S APPLICATION. NONE OF THE COSTS ASSOCIATED WITH THIS MATTER (INCLUDING THE PENALTY ASSESSED BY THE SANCTIONS COMMISSION AND THE COST OF THE APPEAL) HAVE BEEN OR WILL BE BORNE BY THE ELLIOTT FUNDS, AND ELLIOTT CONTINUES TO BELIEVE THAT THIS MATTER DID NOT HAVE AN ADVERSE IMPACT ON THE FUNDS.
Other filed details
Description of allegations — filed text
ON DECEMBER 23, 2019, ELLIOTT CAPITAL ADVISORS, L.P. ("ECALP") RECEIVED, AND SUBSEQUENTLY ON DECEMBER 31, 2019, ELLIOTT ADVISORS (UK) LIMITED ("EAUK") RECEIVED, A COPY OF AN AUTORITÉ DES MARCHÉS FINANCIERS (THE "AMF") INVESTIGATIVE REPORT (THE "REPORT") TO THE SANCTIONS COMMISSION OF THE AMF IN FRANCE. (ECALP AND EAUK ARE TOGETHER REFERRED TO BELOW AS "ELLIOTT".) THE REPORT REFLECTS NON-BINDING RECOMMENDATIONS AS TO CERTAIN ALLEGATIONS SET FORTH BY THE AMF AS A RESULT OF THEIR INVESTIGATION INTO ELLIOTT'S ACTIVITY CONCERNING A TENDER OFFER CONDUCTED BY XPO LOGISTICS, INC. AND XPO LOGISTICS FRANCE (COLLECTIVELY "XPO") FOR THE SHARES OF NORBERT DENTRESSANGLE SA ("NDSA") IN 2015. THE RECOMMENDATIONS SET FORTH IN THE REPORT ARE THAT (I) ALTHOUGH ELLIOTT'S PUBLIC DISCLOSURE OF ITS POSITION IN NDSA WAS NOT MISLEADING OR MANIPULATIVE, IT INACCURATELY DESCRIBED ITS DERIVATIVE HOLDINGS AS "CONTRACTS FOR DIFFERENCE" RATHER THAN AS "EQUITY SWAPS"; (II) ELLIOTT DID NOT DECLARE ITS INTENTION TO NOT TENDER ITS HOLDINGS IN NDSA INTO XPO'S TENDER OFFER IN A TIMELY MANNER; AND (III) DESPITE RESPONDING TO EACH OF THE AMF'S REQUESTS FOR INFORMATION IN A TIMELY MANNER, AND DESPITE ELLIOTT HAVING VOLUNTARILY AGREED TO ANSWER REQUESTS IT WAS NOT COMPELLED TO ANSWER, EAUK IMPEDED THE AMF'S INVESTIGATION BY MAKING A DELAYED PRODUCTION OF DOCUMENTS THAT ELLIOTT, IN THE AMF'S VIEW, SHOULD HAVE UNDERSTOOD WERE BEING SOUGHT BY THE AMF.
Sanction detail — filed text
THE SANCTIONS COMMISSION OF THE AMF ASSESSED A FINE OF EUR 15 MILLION (APPROXIMATELY $16,500,000) AGAINST EAUK AND EUR 5 MILLION (APPROXIMATELY $5,500,000) AGAINST ECALP. THE PARIS COURT OF APPEALS REDUCED THE FINE AGAINST EAUK BY EUR 1 MILLION (APPROXIMATELY $1,100,000) AND AGAINST ECALP BY EUR 0.5 MILLION (APPROXIMATELY $555,000).
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
292232
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT CAPITAL ADVISORS,
L.P.
(For individuals, Last, First,
Middle)
CRD
Number:
292248
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT ADVISORS (UK)
LIMITED
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
AUTORITÉ DES MARCHÉS FINANCIERS
2.
Principal Sanction:
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/23/2019
Exact
Explanation
If not exact, provide explanation:
SEE ITEM 7 BELOW FOR MORE INFORMATION REGARDING INITIATION DATES.
4.
Docket/Case Number:
PROCEDURE NO. 2019-03
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Derivative(s)
Other Product Types:
EQUITY LISTED (COMMON & PREFERRED STOCK)
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON DECEMBER 23, 2019, ELLIOTT CAPITAL ADVISORS, L.P. ("ECALP") RECEIVED, AND SUBSEQUENTLY ON DECEMBER 31, 2019, ELLIOTT ADVISORS
(UK) LIMITED ("EAUK") RECEIVED, A COPY OF AN AUTORITÉ DES MARCHÉS FINANCIERS (THE "AMF") INVESTIGATIVE REPORT (THE "REPORT") TO THE
SANCTIONS COMMISSION OF THE AMF IN FRANCE. (ECALP AND EAUK ARE TOGETHER REFERRED TO BELOW AS "ELLIOTT".) THE REPORT REFLECTS
NON-BINDING RECOMMENDATIONS AS TO CERTAIN ALLEGATIONS SET FORTH BY THE AMF AS A RESULT OF THEIR INVESTIGATION INTO ELLIOTT'S
ACTIVITY CONCERNING A TENDER OFFER CONDUCTED BY XPO LOGISTICS, INC. AND XPO LOGISTICS FRANCE (COLLECTIVELY "XPO") FOR THE SHARES
OF NORBERT DENTRESSANGLE SA ("NDSA") IN 2015. THE RECOMMENDATIONS SET FORTH IN THE REPORT ARE THAT (I) ALTHOUGH ELLIOTT'S PUBLIC
DISCLOSURE OF ITS POSITION IN NDSA WAS NOT MISLEADING OR MANIPULATIVE, IT INACCURATELY DESCRIBED ITS DERIVATIVE HOLDINGS AS
"CONTRACTS FOR DIFFERENCE" RATHER THAN AS "EQUITY SWAPS"; (II) ELLIOTT DID NOT DECLARE ITS INTENTION TO NOT TENDER ITS HOLDINGS IN
NDSA INTO XPO'S TENDER OFFER IN A TIMELY MANNER; AND (III) DESPITE RESPONDING TO EACH OF THE AMF'S REQUESTS FOR INFORMATION IN A
TIMELY MANNER, AND DESPITE ELLIOTT HAVING VOLUNTARILY AGREED TO ANSWER REQUESTS IT WAS NOT COMPELLED TO ANSWER, EAUK IMPEDED
THE AMF'S INVESTIGATION BY MAKING A DELAYED PRODUCTION OF DOCUMENTS THAT ELLIOTT, IN THE AMF'S VIEW, SHOULD HAVE UNDERSTOOD
WERE BEING SOUGHT BY THE AMF.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
04/04/2024
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 20,345,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
THE SANCTIONS COMMISSION OF THE AMF ASSESSED A FINE OF EUR 15 MILLION (APPROXIMATELY $16,500,000) AGAINST EAUK AND EUR 5
MILLION (APPROXIMATELY $5,500,000) AGAINST ECALP. THE PARIS COURT OF APPEALS REDUCED THE FINE AGAINST EAUK BY EUR 1 MILLION
(APPROXIMATELY $1,100,000) AND AGAINST ECALP BY EUR 0.5 MILLION (APPROXIMATELY $555,000).
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON APRIL 22, 2020, ELLIOTT RECEIVED A WRITTEN DECISION IN AN ADMINISTRATIVE PROCEEDING FROM THE SANCTIONS COMMISSION OF THE AMF
IN FRANCE RELATING TO ELLIOTT'S ACTIVITY CONCERNING A TENDER OFFER CONDUCTED BY XPO FOR THE SHARES OF NDSA IN 2015. IN THE WRITTEN
DECISION THE AMF FOUND (I) THAT ELLIOTT INACCURATELY DESCRIBED THEIR DERIVATIVE HOLDINGS AS "CONTRACTS FOR DIFFERENCE" RATHER
THAN AS "EQUITY SWAPS" IN THEIR PUBLIC DISCLOSURE OF THEIR POSITION IN NDSA; (II) THAT ELLIOTT DID NOT DECLARE THEIR INTENTION TO NOT
TENDER THEIR HOLDINGS IN NDSA INTO XPO'S TENDER OFFER IN A TIMELY MANNER; AND (III) THAT EAUK IMPEDED THE AMF'S INVESTIGATION BY
MAKING A DELAYED PRODUCTION OF DOCUMENTS THAT ELLIOTT, IN THE AMF'S VIEW, SHOULD HAVE UNDERSTOOD WERE BEING SOUGHT BY THE AMF.
ALTHOUGH THE SANCTIONS COMMISSION ACCEPTED THAT ELLIOTT'S DECLARATIONS RELATING TO XPO'S TENDER OFFER DID NOT IN FACT MISLEAD
OR CAUSE MARKET PARTICIPANTS TO MODIFY THEIR STRATEGIES CONCERNING THE TENDER OFFER, AND FOUND NO INTENT BY EAUK TO IMPEDE THE
AMF'S INVESTIGATION THROUGH THE DELAYED PRODUCTION OF MATERIALS, IT NEVERTHELESS IMPOSED A FINE OF EUR 15 MILLION AGAINST EAUK
AND A FINE OF EUR 5 MILLION AGAINST ECALP. ELLIOTT STRONGLY DISAGREES WITH THE FINDINGS AGAINST ELLIOTT IN THIS ADMINISTRATIVE
PROCEEDING, CONSIDERS THEM WHOLLY WITHOUT FOUNDATION, VIGOROUSLY OPPOSES ANY SUGGESTION OF WRONGDOING, AND APPEALED THE
MATTER TO THE PARIS COURT OF APPEALS. ON MARCH 24, 2022 THE PARIS COURT OF APPEALS DETERMINED THAT ELLIOTT WAS NOT IN FACT
REQUIRED IN ITS DECLARATIONS OF INTENT TO DISTINGUISH THE TYPE OF ITS DERIVATIVE HOLDINGS AND REDUCED THE FINE AGAINST EAUK BY EUR
1 MILLION AND AGAINST ECA BY EUR 0.5 MILLION. HOWEVER, THE COURT OF APPEALS UPHELD THE AMF'S FINDINGS THAT: (I) ELLIOTT WAS
NEVERTHELESS REQUIRED TO DISTINGUISH THE TYPE OF ITS DERIVATIVE HOLDINGS IN ITS OTHER FILINGS; (II) ELLIOTT DID NOT DECLARE ITS
INTENTION TO NOT TENDER ITS HOLDINGS IN NDSA INTO XPO'S TENDER OFFER IN A TIMELY MANNER; AND (III) EAUK IMPEDED THE AMF'S
INVESTIGATION BY MAKING A DELAYED PRODUCTION OF DOCUMENTS THAT ELLIOTT, IN THE AMF'S VIEW, SHOULD HAVE UNDERSTOOD WERE BEING
SOUGHT BY THE AMF. ELLIOTT DISAGREED WITH THE DECISION OF THE PARIS COURT OF APPEALS AND APPEALED THE DECISION TO THE FRENCH
SUPREME COURT, THE COUR DE CASSATION. ON APRIL 4, 2024 THE COUR DE CASSATION AFFIRMED THE DECISION OF THE PARIS COURT OF APPEALS.
ELLIOTT DISAGREES WITH THE DECISION OF THE COUR DE CASSATION AND ON AUGUST 2, 2024, ELLIOTT SUBMITTED AN APPLICATION TO THE
EUROPEAN COURT OF HUMAN RIGHTS TO HEAR AN APPEAL. ON NOVEMBER 13, 2025, THE EUROPEAN COURT OF HUMAN RIGHTS DECLINED TO HEAR
ELLIOTT'S APPLICATION. NONE OF THE COSTS ASSOCIATED WITH THIS MATTER (INCLUDING THE PENALTY ASSESSED BY THE SANCTIONS COMMISSION
AND THE COST OF THE APPEAL) HAVE BEEN OR WILL BE BORNE BY THE ELLIOTT FUNDS, AND ELLIOTT CONTINUES TO BELIEVE THAT THIS MATTER DID
NOT HAVE AN ADVERSE IMPACT ON THE FUNDS.regulatory · block 3PDF pages 241–243
- Regulator name — filed text
- HELLENIC CAPITAL MARKET COMMISSION (GREECE)
Action status / disposition — filed text
THE HCMC REQUESTED THE ELLIOTT FUNDS' VIEWS ON THE FOREGOING ALLEGATIONS BEFORE MAKING ANY FINAL DETERMINATION. THE ELLIOTT FUNDS EACH RESPONDED TO THE HCMC AND CONTESTED THE ALLEGATIONS. IN PARTICULAR, THE ELLIOTT FUNDS STATED THAT THEY DID IN FACT ENSURE THAT THE RELEVANT SECURITY WOULD BE AVAILABLE FOR SETTLEMENT WHEN DUE IN ACCORDANCE WITH THE RELEVANT EU SHORT-SELLING RULE. EACH ELLIOTT FUND DID SO BY ENTERING INTO A BINDING AGREEMENT, BEFORE EFFECTING THE SHORT SALE, TO ACQUIRE THE SECURITY TO BE DELIVERED PRIOR TO THE SETTLEMENT DATE. IN FACT, IN ACCORDANCE WITH SUCH AGREEMENT, THE SHARES WERE ACQUIRED PRIOR TO THE SETTLEMENT DATE AND WERE DELIVERED TO THE BUYER ON THE SETTLEMENT DATE. THESE MATTERS REMAIN PENDING BEFORE THE HCMC. ON NOVEMBER 28, 2017, ELLIOTT'S COUNSEL RECEIVED AN EMAIL FROM THE HCMC STATING THAT THE HCMC DECIDED TO IMPOSE A FINE OF EURO 64,500 ON THE LIVERPOOL LIMITED PARTNERSHIP RELATING TO THE ABOVE-REFERENCED ACTIVITY. ON FEBRUARY 21, 2018, ELLIOTT'S COUNSEL RECEIVED A SUBSTANTIALLY IDENTICAL EMAIL FROM THE HCMC IMPOSING A FINE OF EURO 116,500 ON ELLIOTT INTERNATIONAL, L.P. THESE DECISIONS ARE NOT CONSIDERED FINAL AND ARE SUBJECT TO APPEAL.
Other filed details
Description of allegations — filed text
CERTAIN PRIVATE INVESTMENT FUND ENTITIES REFERENCED ABOVE IN PART I.A OF THIS DRP (EACH SUCH FUND, AN "ELLIOTT FUND") EACH SEPARATELY RECEIVED A LETTER FROM THE HELLENIC CAPITAL MARKET COMMISSION (THE "HCMC") REGARDING SHORT-SALE ORDERS FOR A SECURITY PLACED ON MAY 6, 2014. HCMC HAS ALLEGED THAT, IN ITS VIEW, EACH ELLIOTT FUND VIOLATED AN EU SHORT-SELLING RULE BY PLACING THE SHORT- SALE ORDER ON THE DAY BEFORE THE SECURITY WAS APPROVED FOR TRADING, WITHOUT ADEQUATELY ENSURING THAT THE SECURITY WOULD BE AVAILABLE FOR SETTLEMENT WHEN DUE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: ELLIOTT INTERNATIONAL, L.P. (For individuals, Last, First, Middle) CRD Number: This advisory affiliate is a Firm an Individual Registered: Yes No Name: THE LIVERPOOL LIMITED PARTNERSHIP (For individuals, Last, First, Middle) This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) HELLENIC CAPITAL MARKET COMMISSION (GREECE) 2. Principal Sanction: Other Sanctions: 3. Date Initiated (MM/DD/YYYY): 02/11/2015 Exact Explanation If not exact, provide explanation: DATE ELLIOTT INTERNATIONAL, L.P. RECEIVED INQUIRY LETTER. THE LIVERPOOL LIMITED PARTNERSHIP RECEIVED A SUBSTANTIALLY IDENTICAL INQUIRY LETTER ON AUGUST 14, 2015. 4. Docket/Case Number: 132/15.1.2015; 2317/19.6.2015 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): 6. Principal Product Type: Equity Listed (Common & Preferred Stock) Other Product Types: 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): CERTAIN PRIVATE INVESTMENT FUND ENTITIES REFERENCED ABOVE IN PART I.A OF THIS DRP (EACH SUCH FUND, AN "ELLIOTT FUND") EACH SEPARATELY RECEIVED A LETTER FROM THE HELLENIC CAPITAL MARKET COMMISSION (THE "HCMC") REGARDING SHORT-SALE ORDERS FOR A SECURITY PLACED ON MAY 6, 2014. HCMC HAS ALLEGED THAT, IN ITS VIEW, EACH ELLIOTT FUND VIOLATED AN EU SHORT-SELLING RULE BY PLACING THE SHORT- SALE ORDER ON THE DAY BEFORE THE SECURITY WAS APPROVED FOR TRADING, WITHOUT ADEQUATELY ENSURING THAT THE SECURITY WOULD BE AVAILABLE FOR SETTLEMENT WHEN DUE. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: 11. Resolution Date (MM/DD/YYYY): Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). THE HCMC REQUESTED THE ELLIOTT FUNDS' VIEWS ON THE FOREGOING ALLEGATIONS BEFORE MAKING ANY FINAL DETERMINATION. THE ELLIOTT FUNDS EACH RESPONDED TO THE HCMC AND CONTESTED THE ALLEGATIONS. IN PARTICULAR, THE ELLIOTT FUNDS STATED THAT THEY DID IN FACT ENSURE THAT THE RELEVANT SECURITY WOULD BE AVAILABLE FOR SETTLEMENT WHEN DUE IN ACCORDANCE WITH THE RELEVANT EU SHORT-SELLING RULE. EACH ELLIOTT FUND DID SO BY ENTERING INTO A BINDING AGREEMENT, BEFORE EFFECTING THE SHORT SALE, TO ACQUIRE THE SECURITY TO BE DELIVERED PRIOR TO THE SETTLEMENT DATE. IN FACT, IN ACCORDANCE WITH SUCH AGREEMENT, THE SHARES WERE ACQUIRED PRIOR TO THE SETTLEMENT DATE AND WERE DELIVERED TO THE BUYER ON THE SETTLEMENT DATE. THESE MATTERS REMAIN PENDING BEFORE THE HCMC. ON NOVEMBER 28, 2017, ELLIOTT'S COUNSEL RECEIVED AN EMAIL FROM THE HCMC STATING THAT THE HCMC DECIDED TO IMPOSE A FINE OF EURO 64,500 ON THE LIVERPOOL LIMITED PARTNERSHIP RELATING TO THE ABOVE-REFERENCED ACTIVITY. ON FEBRUARY 21, 2018, ELLIOTT'S COUNSEL RECEIVED A SUBSTANTIALLY IDENTICAL EMAIL FROM THE HCMC IMPOSING A FINE OF EURO 116,500 ON ELLIOTT INTERNATIONAL, L.P. THESE DECISIONS ARE NOT CONSIDERED FINAL AND ARE SUBJECT TO APPEAL.
regulatory · block 4ELLIOTT ADVISORS (UK) LIMITEDPDF pages 243–245
- Advisory affiliate name — filed text
- ELLIOTT ADVISORS (UK) LIMITED
- Regulator name — filed text
- AUTORITÉ DES MARCHÉS FINANCIERS
- Monetary/Fine Amount — filed text
- $ 22,000,000.00
- How was matter resolved — filed text
- Decision
Action status / disposition — filed text
ON MAY 5, 2014, EAUK AND EMC RECEIVED A WRITTEN DECISION IN AN ADMINISTRATIVE PROCEEDING FROM THE SANCTIONS COMMISSION OF THE AMF IN FRANCE. THE WRITTEN DECISION (THE "AMF DECISION") RELATED TO ALLEGATIONS BY THE AMF THAT ELLIOTT PURCHASED STOCK OF APRR BASED ON MATERIAL NONPUBLIC INFORMATION AND THAT ELLIOTT MANIPULATED THE STOCK OF APRR. IN THE AMF DECISION, THE SANCTIONS COMMISSION FOUND THAT ELLIOTT USED MATERIAL NONPUBLIC INFORMATION IN THE PURCHASE OF APRR SHARES BETWEEN MAY 28, 2010 AND JUNE 11, 2010 BUT HELD THAT ELLIOTT DID NOT COMMIT MARKET MANIPULATION OR ARTIFICIALLY INFLATE THE PRICE OF APRR SHARES. THE SANCTIONS COMMISSION ASSESSED A PENALTY OF 8 MILLION EUROS AGAINST EMC AND 8 MILLION EUROS AGAINST EAUK. ELLIOTT DISAGREES WITH THE FINDINGS AGAINST EMC AND EAUK IN THIS ADMINISTRATIVE PROCEEDING. IT REMAINS ELLIOTT'S POSITION THAT ITS TRADING IN APRR'S SECURITIES WAS LAWFUL AT ALL TIMES. ELLIOTT'S PURCHASES OF APRR STOCK WERE MADE AS PART OF A LONGSTANDING TRADING STRATEGY DATING BACK TO 2005. ELLIOTT PURCHASED APRR STOCK ON OVER 300 TRADING DAYS BETWEEN DECEMBER 2005 AND JUNE 2010. ELLIOTT HAS LONGSTANDING POLICIES AND PROCEDURES IN PLACE TO PREVENT THE MISUSE OF MATERIAL NONPUBLIC INFORMATION. CONSISTENT WITH THOSE PROCEDURES, ELLIOTT HAD A CHINESE WALL IN PLACE WITH RESPECT TO APRR DURING THE PERIOD IN QUESTION, AND NO MATERIAL NONPUBLIC INFORMATION WAS TRANSMITTED TO THE PERSONNEL WHO DIRECTED THE PURCHASES OF APRR STOCK. DESPITE AN INVESTIGATION WHICH INCLUDED EXTENSIVE REVIEWS OF EMAILS, AUDIOTAPED TRADING LINES AND INTERVIEWS WITH WITNESSES, THE AMF OFFERED NO EVIDENCE THAT ELLIOTT'S CHINESE WALL WAS BREACHED, BUT INSTEAD SIMPLY CONCLUDED THAT THE CIRCUMSTANCES SUPPORTED THEIR INFERENCE THAT THE CHINESE WALL WAS BREACHED. EMC AND EAUK APPEALED THE AMF DECISION TO THE PARIS COURT OF APPEALS. ON JANUARY 14, 2016, THE PARIS COURT OF APPEALS AFFIRMED THE AMF DECISION. ELLIOTT DISAGREES WITH THE DECISION OF THE PARIS COURT OF APPEALS AND EMC AND EAUK APPEALED THE DECISION TO THE FRENCH SUPREME COURT, THE COUR DE CASSATION. ON MARCH 27, 2019, THE COUR DE CASSATION AFFIRMED THE AMF DECISION. ELLIOTT DISAGREES WITH THE DECISION OF THE COUR DE CASSATION. ON FEBRUARY 6, 2020, THE EUROPEAN COURT OF HUMAN RIGHTS DECLINED TO HEAR THE APPLICATION OF EMC AND EAUK. EMC AND EAUK SUBSEQUENTLY SUBMITTED AN APPLICATION TO THE EUROPEAN COMMISSION REGARDING, AMONG OTHER THINGS, THE INCORRECT APPLICATION OF EU LAW, WITH A VIEW TO APPEALING THE DECISION OF THE FRENCH COURTS. ON JUNE 21, 2021, ELLIOTT WAS NOTIFIED THAT THE EUROPEAN COMMISSION HAD REJECTED THE APPLICATION. NONE OF THE COSTS ASSOCIATED WITH THIS MATTER (INCLUDING THE PENALTY ASSESSED BY THE SANCTIONS COMMISSION AND THE COST OF THE APPEAL) HAVE BEEN OR WILL BE BORNE BY THE ELLIOTT FUNDS, AND ELLIOTT CONTINUES TO BELIEVE THAT THIS MATTER DID NOT HAVE AN ADVERSE IMPACT ON THE FUNDS.
Other filed details
Description of allegations — filed text
ON DECEMBER 28, 2012, ELLIOTT ADVISORS (UK) LIMITED ("EAUK") RECEIVED A LETTER OF GRIEVANCE FROM THE FRENCH FINANCIAL MARKET REGULATOR, THE AUTORITÉ DES MARCHÉS FINANCIERS (THE "AMF"), STATING THAT EAUK MAY HAVE PURCHASED THE STOCK OF AUTOROUTES PARIS RHINRHÔNE ("APRR") BASED ON MATERIAL NONPUBLIC INFORMATION RELATING TO A POTENTIAL SALE OF ELLIOTT'S APRR STAKE TO EIFFARIE, APRR'S MAJORITY OWNER. THE AMF ALSO STATED THAT ELLIOTT'S APRR PURCHASES DURING THE RELEVANT PERIOD MAY HAVE CAUSED THE APRR STOCK PRICE TO BE ARTIFICIALLY INFLATED. ON JANUARY 31, 2013, ELLIOTT MANAGEMENT CORPORATION ("EMC") RECEIVED A SUBSTANTIALLY IDENTICAL LETTER OF GRIEVANCE FROM THE AMF. THE LETTER TO EMC DID NOT ASSERT ANY NEW STATEMENTS OR SET FORTH ANY NEW FACTS.
Sanction detail — filed text
THE SANCTIONS COMMISSION OF THE AMF ASSESSED A PENALTY OF 8 MILLION EUROS AGAINST EMC (APPROXIMATELY $11 MILLION) AND 8 MILLION EUROS AGAINST EAUK.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
292248
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT ADVISORS (UK)
LIMITED
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
AUTORITÉ DES MARCHÉS FINANCIERS
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
3.
Date Initiated (MM/DD/YYYY):
12/27/2012
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
DEC-DEJI/2010.65
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
6.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
ON DECEMBER 28, 2012, ELLIOTT ADVISORS (UK) LIMITED ("EAUK") RECEIVED A LETTER OF GRIEVANCE FROM THE FRENCH FINANCIAL MARKET
REGULATOR, THE AUTORITÉ DES MARCHÉS FINANCIERS (THE "AMF"), STATING THAT EAUK MAY HAVE PURCHASED THE STOCK OF AUTOROUTES PARIS
RHINRHÔNE ("APRR") BASED ON MATERIAL NONPUBLIC INFORMATION RELATING TO A POTENTIAL SALE OF ELLIOTT'S APRR STAKE TO EIFFARIE, APRR'S
MAJORITY OWNER. THE AMF ALSO STATED THAT ELLIOTT'S APRR PURCHASES DURING THE RELEVANT PERIOD MAY HAVE CAUSED THE APRR STOCK
PRICE TO BE ARTIFICIALLY INFLATED. ON JANUARY 31, 2013, ELLIOTT MANAGEMENT CORPORATION ("EMC") RECEIVED A SUBSTANTIALLY IDENTICAL
LETTER OF GRIEVANCE FROM THE AMF. THE LETTER TO EMC DID NOT ASSERT ANY NEW STATEMENTS OR SET FORTH ANY NEW FACTS.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Decision
11. Resolution Date (MM/DD/YYYY):
03/27/2019
Exact
Explanation
If not exact, provide explanation:
THE FRENCH SUPREME COURT, THE COUR DE CASSATION AFFIRMED THE DECISION OF THE PARIS COURT OF APPEALS.
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 22,000,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
THE SANCTIONS COMMISSION OF THE AMF ASSESSED A PENALTY OF 8 MILLION EUROS AGAINST EMC (APPROXIMATELY $11 MILLION) AND 8
MILLION EUROS AGAINST EAUK.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ON MAY 5, 2014, EAUK AND EMC RECEIVED A WRITTEN DECISION IN AN ADMINISTRATIVE PROCEEDING FROM THE SANCTIONS COMMISSION OF THE
AMF IN FRANCE. THE WRITTEN DECISION (THE "AMF DECISION") RELATED TO ALLEGATIONS BY THE AMF THAT ELLIOTT PURCHASED STOCK OF APRR
BASED ON MATERIAL NONPUBLIC INFORMATION AND THAT ELLIOTT MANIPULATED THE STOCK OF APRR. IN THE AMF DECISION, THE SANCTIONS
COMMISSION FOUND THAT ELLIOTT USED MATERIAL NONPUBLIC INFORMATION IN THE PURCHASE OF APRR SHARES BETWEEN MAY 28, 2010 AND JUNE
11, 2010 BUT HELD THAT ELLIOTT DID NOT COMMIT MARKET MANIPULATION OR ARTIFICIALLY INFLATE THE PRICE OF APRR SHARES. THE SANCTIONS
COMMISSION ASSESSED A PENALTY OF 8 MILLION EUROS AGAINST EMC AND 8 MILLION EUROS AGAINST EAUK. ELLIOTT DISAGREES WITH THE
FINDINGS AGAINST EMC AND EAUK IN THIS ADMINISTRATIVE PROCEEDING. IT REMAINS ELLIOTT'S POSITION THAT ITS TRADING IN APRR'S SECURITIES
WAS LAWFUL AT ALL TIMES. ELLIOTT'S PURCHASES OF APRR STOCK WERE MADE AS PART OF A LONGSTANDING TRADING STRATEGY DATING BACK TO
2005. ELLIOTT PURCHASED APRR STOCK ON OVER 300 TRADING DAYS BETWEEN DECEMBER 2005 AND JUNE 2010. ELLIOTT HAS LONGSTANDING
POLICIES AND PROCEDURES IN PLACE TO PREVENT THE MISUSE OF MATERIAL NONPUBLIC INFORMATION. CONSISTENT WITH THOSE PROCEDURES,
ELLIOTT HAD A CHINESE WALL IN PLACE WITH RESPECT TO APRR DURING THE PERIOD IN QUESTION, AND NO MATERIAL NONPUBLIC INFORMATION
WAS TRANSMITTED TO THE PERSONNEL WHO DIRECTED THE PURCHASES OF APRR STOCK. DESPITE AN INVESTIGATION WHICH INCLUDED EXTENSIVE
REVIEWS OF EMAILS, AUDIOTAPED TRADING LINES AND INTERVIEWS WITH WITNESSES, THE AMF OFFERED NO EVIDENCE THAT ELLIOTT'S CHINESE
WALL WAS BREACHED, BUT INSTEAD SIMPLY CONCLUDED THAT THE CIRCUMSTANCES SUPPORTED THEIR INFERENCE THAT THE CHINESE WALL WAS
BREACHED. EMC AND EAUK APPEALED THE AMF DECISION TO THE PARIS COURT OF APPEALS. ON JANUARY 14, 2016, THE PARIS COURT OF APPEALS
AFFIRMED THE AMF DECISION. ELLIOTT DISAGREES WITH THE DECISION OF THE PARIS COURT OF APPEALS AND EMC AND EAUK APPEALED THE
DECISION TO THE FRENCH SUPREME COURT, THE COUR DE CASSATION. ON MARCH 27, 2019, THE COUR DE CASSATION AFFIRMED THE AMF DECISION.
ELLIOTT DISAGREES WITH THE DECISION OF THE COUR DE CASSATION. ON FEBRUARY 6, 2020, THE EUROPEAN COURT OF HUMAN RIGHTS DECLINED
TO HEAR THE APPLICATION OF EMC AND EAUK. EMC AND EAUK SUBSEQUENTLY SUBMITTED AN APPLICATION TO THE EUROPEAN COMMISSION
REGARDING, AMONG OTHER THINGS, THE INCORRECT APPLICATION OF EU LAW, WITH A VIEW TO APPEALING THE DECISION OF THE FRENCH COURTS.
ON JUNE 21, 2021, ELLIOTT WAS NOTIFIED THAT THE EUROPEAN COMMISSION HAD REJECTED THE APPLICATION. NONE OF THE COSTS ASSOCIATED
WITH THIS MATTER (INCLUDING THE PENALTY ASSESSED BY THE SANCTIONS COMMISSION AND THE COST OF THE APPEAL) HAVE BEEN OR WILL BE
BORNE BY THE ELLIOTT FUNDS, AND ELLIOTT CONTINUES TO BELIEVE THAT THIS MATTER DID NOT HAVE AN ADVERSE IMPACT ON THE FUNDS.civil judicial · block 1PDF pages 245–248
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Item 11.H. of Part
1A or Item 2.F. of Part 1B of Form ADV.
Civil Judicial
Check Part 1A item(s) being responded to:
11.H(1)(a)
11.H(1)(b)
11.H(1)(c)
11.H(2)
Check Part 1B item(s) being responded to:
2.F(1)
2.F(2)
2.F(3)
2.F(4)
2.F(5)
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Item 11.H. of Part 1A or Item 2.F. of Part 1B. Use only one DRP to report details related to the
same event. Unrelated civil judicial actions must be reported on separate DRPs.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT INTERNATIONAL, L.P.
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT ASSOCIATES, L.P.
(For individuals, Last, First,
Middle)
CRD
Number:
292232
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
ELLIOTT CAPITAL ADVISORS,
L.P.
(For individuals, Last, First,
Middle)
CRD
Number:
This advisory affiliate is
a Firm
an Individual
Registered:
Yes
No
Name:
THE LIVERPOOL LIMITED
PARTNERSHIP
(For individuals, Last, First,
Middle)
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.H.
(1)(a), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Court Action initiated by: (Name of regulator, foreign financial regulatory authority, SRO, commodities exchange, agency, firm, private plaintiff, etc.)
XPO LOGISTICS, INC. AND XPO LOGISTICS FRANCE
2.
Principal Relief Sought:
Injunction
Other Relief Sought:
MONEY DAMAGES
3.
Filing Date of Court Action (MM/DD/YYYY):
07/08/2015
Exact
Explanation
If not exact, provide explanation:
4.
Principal Product Type:
Equity Listed (Common & Preferred Stock)
Other Product Types:
5.
Formal Action was brought in (include name of Federal, State or Foreign Court, Location of Court - City or County and State or Country, Docket/Case
Number):
PARIS COMMERCIAL COURT; PARIS, FRANCE; 2015000402
6.
Advisory Affiliate Employing Firm when activity occurred which led to the civil judicial action (if applicable):
7.
Describe the allegations related to this civil action (your response must fit within the space provided):
THIS DRP DESCRIBES CIVIL LITIGATION RELATED TO ELLIOTT'S (AS HEREINAFTER DEFINED) DECISION NOT TO TENDER ITS SHARES OF NORBERT
DENTRESSANGLE SA ("ND") IN A TENDER OFFER CONDUCTED BY XPO LOGISTICS, INC. AND XPO LOGISTICS FRANCE (COLLECTIVELY, "XPO"). XPO HAS
ALLEGED THAT ELLIOTT CAPITAL ADVISORS, L.P. AND CERTAIN FUNDS MANAGED BY ELLIOTT MANAGEMENT CORPORATION (TOGETHER WITH THEIR
AFFILIATES, "ELLIOTT") ARE IN VIOLATION OF FRENCH LAW SURROUNDING TENDER OFFERS AND THAT XPO WOULD SUFFER SIGNIFICANT DAMAGE AS A
RESULT. ELLIOTT HELD APPROXIMATELY 7.6% OF THE OUTSTANDING SHARES OF ND. ELLIOTT HAS ALLEGED THAT XPO LIKELY HAD TAKEN OR HAD
IMMINENT PLANS TO TAKE ACTION THAT WAS MANIFESTLY CONTRARY TO THE CORPORATE INTERESTS OF ND AND THE MINORITY SHAREHOLDERS OF
ND IN ORDER TO PURSUE THE PROPOSED MERGER AND THEREBY IGNORE THAT XPO DOES NOT OWN 100% OF ND'S SHARES.
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, action appealed to (provide name of court) and Date Appeal Filed (MM/DD/YYYY):
10. If pending, date notice/process was served (MM/DD/YYYY):
Exact
Explanation
If not exact, provide explanation:
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only.
11. How was matter resolved:
Settled
12. Resolution Date (MM/DD/YYYY):
11/28/2019
Exact
Explanation
If not exact, provide explanation:
13. Resolution Detail:
A. Were any of the following Sanctions Ordered or Relief Granted(check appropriate items)?
Monetary/Fine Amount: $
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions:
SETTLED.
C.
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement, or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
SETTLED.
14. Provide a brief summary of circumstances related to the action(s), allegation(s), disposition(s) and/or finding(s) disclosed above (your response must
fit within the space provided).
ON JULY 8, 2015, THE PARIS COMMERCIAL COURT ISSUED AN EX PARTE ORDER IN RESPONSE TO A CIVIL COMPLAINT FILED BY XPO THAT, AMONG
OTHER THINGS, TEMPORARILY BARRED ELLIOTT FROM TRANSFERRING ITS EQUITY INTEREST IN ND TO ANY THIRD PARTY OTHER THAN XPO, UNTIL THE
COURT ISSUED A FURTHER ORDER AT OR FOLLOWING A HEARING ON JULY 23, 2015. ON JULY 16, 2015, THE PARIS COMMERCIAL COURT ISSUED AN EX
PARTE ORDER AT THE REQUEST OF ELLIOTT THAT, AMONG OTHER THINGS, TEMPORARILY BARRED XPO FROM CARRYING OUT ANY OF ITS
CONTEMPLATED TRANSACTIONS WITH ND, INCLUDING PURSUING THE PROPOSED MERGER WITH ND, UNTIL THE COURT ISSUED A FURTHER ORDER AT
OR FOLLOWING THE JULY 23 HEARING. ON JULY 29, 2015, THE PARIS COMMERCIAL COURT LIFTED THE RESTRICTIONS CONTAINED IN BOTH EX PARTE
ORDERS, AND ADDED ND TO AND REMOVED THE LIVERPOOL LIMITED PARTNERSHIP FROM THE PROCEEDINGS, AND DENIED CERTAIN OTHER RELIEF
REQUESTED BY THE PARTIES. ON MAY 2, 2016, ELLIOTT FILED AN ACTION "UT SINGULI," IN THE NATURE OF A DERIVATIVE ACTION, ON BEHALF OF ND
(RENAMED "XPO LOGISTICS EUROPE") AGAINST CERTAIN PRESENT AND FORMER EXECUTIVES AND/OR DIRECTORS OF ND. ON NOVEMBER 28, 2019,
ELLIOTT SETTLED THESE PROCEEDINGS AND OBTAINED A FULL AND COMPLETE RELEASE. THE MATTER IS NOW CONCLUDED.* Metrics are based on the latest available data, including Form ADV filings, brochures, and relationship summaries pulled from the SEC IAPD, and may be subject to change. Learn what is included in the Rialytix data. Please refer to the firm's official disclosures for the most accurate information using their CRD number. This is not investment advice.