2010 REGISTRATION DOCUMENT - Iliad
2010 REGISTRATION DOCUMENT - Iliad
2010 REGISTRATION DOCUMENT - Iliad
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RISK FACTORS<br />
Legal risks 4<br />
4.3 FINANCIAL RISKS<br />
4.3.1 FOREIGN EXCHANGE, INTEREST RATE AND LIQUIDITY RISKS<br />
These risks are described in full in Notes 28 and 32 to the consolidated fi nancial statements for the year ended December 31, <strong>2010</strong>.<br />
4.3.2 EQUITY RISKS<br />
4.3.2.1 Significant percentage of capital and voting rights held by the Company’s principal<br />
shareholder<br />
On February 28, 2011, Xavier Niel, the Company’s principal shareholder held 62.65% of the capital and 60.57% of the voting rights. The fact that a<br />
signifi cant portion of the Company’s capital and voting rights is held by a single shareholder, and that said shareholder may freely dispose of all or part<br />
of his interest in the Company, could have a material adverse effect on the price of the Company’s shares.<br />
Equity risk is minimal as the Group does not have any signifi cant equity portfolios.<br />
4.3.2.2 Share price volatility<br />
The Company’s share price may be highly volatile and could be impacted by a number of events affecting the Company, its competitors, the<br />
telecommunications and Internet industry or the fi nancial markets. The Company’s share price could fl uctuate signifi cantly in response to the following<br />
types of events:<br />
<br />
<br />
<br />
changes in the Group’s fi nancial performance or that of its competitors;<br />
the announcement by the Company of the success or failure of the commercial launch of a new product;<br />
announcements by competitors or announcements concerning the telecommunications or Internet industry;<br />
announcements regarding changes in the Group’s management team or other key personnel.<br />
In recent years, the fi nancial markets have experienced signifi cant volatility that, at times, has had no relationship to the fi nancial performance of listed<br />
companies. Market volatility, as well as general economic conditions, could affect the Company’s share price.<br />
4.3.2.3 Subsequent sale of shares by significant shareholders<br />
The Company’s principal shareholders are Xavier Niel and its managers. If any of these shareholders were to sell a large number of shares on the<br />
market, <strong>Iliad</strong>’s share price could be affected, depending on the market conditions at the time of the sale, the number of shares sold and the reasons<br />
for and the terms of the sale, as well as the public’s perception of such sales.<br />
4.4 LEGAL RISKS<br />
4.4.1 RISKS RELATING TO UNFAVORABLE CHANGES IN THE LEGAL AND REGULATORY ENVIRONMENT<br />
The Group’s operations are subject to specifi c French and European Union regulations governing the electronic communications sector. For the last<br />
ten years the electronic communications sector has been subject to increasing fi scal pressure, with operators being subject to various specifi c taxes<br />
and contributions.<br />
Any unfavorable change in the regulations applicable to the Group’s operations could have an adverse effect on its business, results of operations<br />
and fi nancial position.<br />
4.4.2 RISKS RELATING TO THE GROUP’S RELATIONS WITH THE INCUMBENT OPERATOR<br />
Despite the legal and regulatory framework requiring the incumbent operator, to permit the development of local loop unbundling and to grant the<br />
Group access to its installations, the Group may be confronted by situations where there is a confl ict of interest with the incumbent operator as its<br />
dominant competitor and principal supplier. The incumbent operator could therefore exercise signifi cant infl uence over the Group’s operations and<br />
strategy, with potentially adverse effects, and could also restrict its capacity for growth.<br />
Registration document <strong>2010</strong> - 17