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CONTENTS - Capgemini

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this trend is set to increase in the future, <strong>Capgemini</strong> has already<br />

defined and implemented an overall policy to minimize exposure<br />

to exchange rates and manage the resulting risk, particularly<br />

through regular hedging of intercompany flows. These hedges<br />

mainly take the form of forward purchases and sales of currencies<br />

(see Note 18.B).<br />

8.2.6 Financial instruments<br />

Financial instruments are used to hedge in particular interest rate<br />

and currency risks. All hedging positions relate to existing assets<br />

or liabilities and/or operating or financial transactions. Gains and<br />

losses on financial instruments designated as hedges are recognized<br />

on a symmetrical basis with the loss or gain on the hedged items.<br />

The fair value of financial instruments is estimated based on market<br />

prices or data supplied by bank counterparties.<br />

8.2.7 Employee-related liabilities<br />

The present value of pension obligations under funded defined<br />

benefit plans (see Note 19.I), calculated on the basis of actuarial<br />

assumptions, is subject to a risk of volatility. A 0.5% change<br />

in the discount rate used will trigger a corresponding change<br />

in the present value of the liability of approximately 10%. If<br />

trends concerning longer life expectancy at retirement – which<br />

are gradually being reflected in actuarial mortality tables – are<br />

confirmed in the future, the Group’s post-employment benefit<br />

liability may increase.<br />

8.3 Legal risks<br />

The Group’s activities are not regulated and consequently do not<br />

require any specific legal, administrative or regulatory authorization.<br />

In the case of some services, such as outsourcing or specific projects<br />

carried out for clients who are subject to specific conditions<br />

or regulations, the Group itself may be required to comply with<br />

contractual obligations related to such regulations.<br />

The sheer diversity of local legislation and regulations exposes<br />

the Group to a risk of infringement of such legislation and<br />

regulations by under-informed employees, especially those<br />

working in countries that have a different culture to their own.<br />

Legal precautions taken by the Group, particularly those of a<br />

contractual nature, can never provide an absolute guarantee<br />

against such risks.<br />

The Group is not aware of any litigation that is liable to have, or<br />

has recently had, a material impact on its operations, financial<br />

position or future prospects, other than those recognized in<br />

the consolidated financial statements or disclosed in the notes<br />

thereto (see Note 20 – “Current and non-current provisions” and<br />

Note 28 – “Subsequent events”). There are no governmental,<br />

court, or arbitration proceedings, including any proceeding of<br />

which we have knowledge, pending or threatened, that might<br />

have, or has had any material effect on the financial condition<br />

or profitability of the Company and/or the Group during the<br />

last twelve months.<br />

8.4 Risks related to operations<br />

<strong>Capgemini</strong> is a service provider, and as such, the main risks to<br />

which the Group is exposed are (i) failure to deliver the services<br />

to which it has committed, or (ii) failure to deliver services within<br />

the contractual time-frame and to the required level of quality.<br />

Risks concerning project execution<br />

Contracts are subject to a formal approval procedure prior to signature,<br />

involving a legal review and an assessment of the risks relating<br />

to the project and to the terms of execution. The authority level at<br />

which the contract is approved depends on the size, complexity<br />

and risk profile of the project. The Group Review Board examines<br />

the projects with the most substantial commercial opportunities or<br />

specific risk exposures, as well as proposals for strategic alliances.<br />

<strong>Capgemini</strong> has developed a unified set of methods known as the<br />

“Deliver” methodology to ensure that all client projects are executed<br />

to the highest standards. Project managers are given specific<br />

training to develop their skills and acquire the appropriate level of<br />

certification for the complexity of projects under their charge. The<br />

Group also has a pro-active policy of seeking external certification<br />

(CMM, ISO, etc.) for its production sites.<br />

Contract execution is monitored using Group-defined management<br />

and control procedures, and complex projects are subject to dedicated<br />

control processes. The internal audit function checks that project<br />

management and control procedures are being properly applied.<br />

Expert teams may also intervene at the request of the Group’s Production<br />

and Quality department to investigate projects that have a<br />

high risk profile or that are experiencing difficulties.<br />

In spite of the formal approval procedure for all client project<br />

commitments undertaken by the Group, in some cases, difficulties<br />

with respect to project execution or project costs may have been<br />

underestimated at the outset. This may result in cost overruns not<br />

covered by additional revenues, especially in the case of fixedprice<br />

contracts, or reduced revenues without any corresponding<br />

reduction in expense in the case of certain outsourcing contracts<br />

where there is a commitment to provide a certain level of service.<br />

The Group may provide a performance and/or a financial guarantee<br />

for certain large contracts (see Note 25.C).<br />

In spite of the rigorous control procedures that the Group applies<br />

in the project execution phase, it is impossible to guarantee that<br />

all risks have been contained and eliminated. In particular, human<br />

error, omissions, and infringement of internal or external regulations<br />

or legislation that is not or could not be identified in time,<br />

may cause damage for which the Company is held liable and/or<br />

may tarnish its reputation.<br />

ANNUAL REPORT 2006 <strong>Capgemini</strong><br />

31

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