General informationManagement <strong>report</strong>Consolidatedfinancial statements<strong>Annual</strong> financial statementsAdditional informationdepend among other things on the out<strong>com</strong>e of the criminalproceedings (see paragraph 4.2.3. above).In addition, the Luxembourg Court of Appeal issued a decisionon 12 July 2006 at the request of Crédit Agricole IndosuezLuxembourg (CAIL) by which BNP Paribas Luxembourg wasordered to deliver the Parvest shares to CAIL by 30 June 2007or to pay to CAIL the counter-value of these Parvest shares on30 June 2007 if the latter were not delivered to CAIL prior to1 July 2007. The Luxembourg Court of Appeal condemnedBAN to indemnify and hold BNP Paribas Luxembourg harmlessagainst any damage deriving from its condemnation.As the lifting of the different seizures of Parvest shares hasnot been obtained, BAN paid the counter-value to BNPParibas Luxembourg. <strong>Dexia</strong> Bank repaid that sum (USD30,039,336.54) to BAN on 9 July 2007 in execution of thesaid guarantee in favour of GE (cf. line 1 of the presentparagraph).Both BNP Paribas Luxembourg and BAN appealed against thedecision of the Luxembourg Court of Appeal to the SupremeCourt of Appeal. In the meantime these appeals have beenrejected.On 20 November <strong>2009</strong> the Parvest shares were valued atUSD 31,457,469.42.4.2.8. Provisions and impairmentsOn 31 December <strong>2009</strong>, the exposure of <strong>Dexia</strong> Bank to theoutstanding claims relating to credit facilities granted in theLernout & Hauspie file amounted to some EUR 42,284,075.60,of which EUR 8,746,160.54 reserved interests (see paragraphs4.2.1., 4.2.2. and 4.2.7.). On the same date, value reductionswithin the context of the Lernout & Hauspie file amounted tosome EUR 29,052,745.21. <strong>Dexia</strong> Bank expects to recover thedifference in view of the available securities.<strong>Dexia</strong> Bank has not constituted any provisions for the claimsmade against it in Belgium for the following reasons.• As things stand at the moment, the bank assesses the likelihoodof a court ruling ordering it to pay damages at lessthan 50%. The bank’s lawyers are of the opinion that it hasstrong arguments to contest the charges brought against it.• <strong>Dexia</strong> Bank observes that some of the civil actions (Deminor…),claim provisional amounts or do not justify theamount claimed.• <strong>Dexia</strong> Bank has made extensive submissions and has arguedthat most of the actions brought by the civil parties are inadmissibleand at least unfounded.<strong>Dexia</strong> strongly challenges the validity and the merits of allthese claims.4.3. Financial Security AssuranceFinancial Security Assurance Holdings Ltd and its subsidiary,Financial Security Assurance Inc. (now known as AssuredGuaranty Municipal Corp.), former subsidiaries of the <strong>Dexia</strong>Group (collectively, “FSA”), along with numerous other banks,insurance <strong>com</strong>panies and brokers, are subject to ongoinginvestigations in the United States by the Antitrust Divisionof the Department of Justice, the Internal Revenue Serviceand the Securities and Exchange Commission for allegednon-<strong>com</strong>pliance with various US Federal antitrust, securitiesand other laws and regulations relating to their conduct, inthe provision of Guaranteed Investment Contracts (“GICs”) (1)to issuers of municipal bonds. A number of US States are alsoconducting parallel and similar investigations.In connection with the foregoing, a number of private lawsuits,both putative class actions and otherwise, have beenfiled against a large number of banks, insurance <strong>com</strong>paniesand brokers, including FSA, <strong>Dexia</strong> and/or Assured Guaranty,alleging non-<strong>com</strong>pliance with various US Federal and Stateantitrust, and securities regulations and seeking, among otherthings, damages in respect thereof. Such lawsuits, certain ofwhich continue to name FSA, <strong>Dexia</strong> and/or Assured Guarantyas defendants, have been transferred to US Federal DistrictCourt in New York City for case management purposes. FSA,<strong>Dexia</strong> and Assured Guaranty are seeking the dismissal of allsuch lawsuits that continue to name them as defendants.As part of its sale of FSA to Assured Guaranty, <strong>Dexia</strong> retainedthe Financial Products activity and, generally, agreed to indemnifyFSA and Assured Guaranty for any losses they may sufferin relation to that activity and as a result of the foregoing investigationsand lawsuits.<strong>Dexia</strong> is not currently able to predict the timing or out<strong>com</strong>e,including potential financial consequences, of any of theforegoing investigations or lawsuits.4.4. Investigations about allegedshort<strong>com</strong>ings in financial<strong>com</strong>municationA shareholder, Mr Robert Casanovas, lodged a <strong>com</strong>plaintwith the Public Prosecutors in Brussels and Paris on 11 March<strong>2009</strong>. These <strong>com</strong>plaints gave rise to the opening of two preliminaryinvestigations.Mr Casanovas also served direct summonses on the <strong>com</strong>pany<strong>Dexia</strong> SA and several former and current executives of theGroup to appear on 29 October <strong>2009</strong> before the CriminalCourt in Paris. A summary of these <strong>com</strong>plaints as well as<strong>Dexia</strong>’s position is included in the Financial Report in respectof the third quarter of <strong>2009</strong>.At the hearing on 29 October <strong>2009</strong>, Mr Robert Casanovasand his wife Mrs Marie Christine Guil, who did not attend,withdrew their action against the <strong>com</strong>pany <strong>Dexia</strong> SA whichacknowledged it. This withdrawal occurred after the PublicProsecutor in Paris, by decision dated 14 October <strong>2009</strong>, dismissedthe <strong>com</strong>plaint filed by Mr Robert Casanovas and hiswife Mrs Marie Christine Guil.As to the <strong>com</strong>plaint lodged in Brussels, by decision dated 15December <strong>2009</strong>, the Public Prosecutor dismissed the chargesagainst <strong>Dexia</strong>.(1) Guaranteed investment contracts (GICs) were issued by subsidiaries ofFSA Holdings in exchange for funds submitted by US local authorities or bysecuritization issuers. With varying terms and repayment conditions, GICs giverights to their holders to receive interest at a guaranteed (fixed or variable)rate. The principal and interest of the contracts were guaranteed by FSA Inc.,and remain so after the purchase of that <strong>com</strong>pany by Assured Guaranty.90<strong>Dexia</strong> <strong>Annual</strong> <strong>report</strong> <strong>2009</strong>
General information4.5. <strong>Dexia</strong> banka Slovensko4.7. <strong>Dexia</strong> Israel<strong>Dexia</strong> banka Slovensko made a provision of EUR 100 millionin 2008 within the context of currency transactions carriedout by clients who proved to be unable to meet the margincalls caused by those transactions. In June <strong>2009</strong>, one of theseclients <strong>com</strong>menced a court action against the bank claimingEUR 162 million for non-<strong>com</strong>pliance with the legislation andwith contracts. For its part, <strong>Dexia</strong> filed pleadings applying for<strong>com</strong>pensation for the loss caused to it by that counterparty.The <strong>com</strong>petent jurisdiction appointed an expert to assess theloss and the procedures of <strong>Dexia</strong> banka Slovensko, and theparties to the case instructed their own experts. Accordingto the client’s expert, the latter’s loss would amount to EUR110 million, which the bank contests, considering the actionunsubstantiated, and for which it has made no <strong>com</strong>plementaryprovision. At this stage in the proceedings, <strong>Dexia</strong> is notin a position to predict the out<strong>com</strong>e.4.6. <strong>Dexia</strong> CrediopInvestigations are under way in Italy on the use by localauthorities of derivative products, and <strong>Dexia</strong> Crediop, likeother banking establishments, has been heard on its activitiesand practices by a parliamentary <strong>com</strong>mission. The bankresponded to requests for documentation within the contextof the ongoing enquiries. An action has been <strong>com</strong>menced bytwo clients against the bank.Under Italian law, a debt restructuring transaction is only possibleif it leads to a reduction of the cost weighing on the localauthority. In these disputes, the legal question posed consistsof knowing whether the cost to be taken into considerationincludes hedge transactions or not. The two cases, the financialstakes of which are modest, are in their initial phase, andtheir out<strong>com</strong>e cannot be reasonably foreseen at this stage.In May 2002, a <strong>com</strong>plaint was filed in relation to the purchaseby <strong>Dexia</strong> of shares held by the State of Israel claimingnon-<strong>com</strong>pliance with <strong>com</strong>pany law. In April <strong>2009</strong>, the CentralDistrict Court rejected the application for a class actionformulated by the <strong>com</strong>plainants. In June <strong>2009</strong>, the latterappealed to the Supreme Court, and the parties have to submittheir arguments by mid-2010 for judgement in November2010.5. Agenda of theShareholders’ MeetingsThe agendas for the Ordinary Shareholders’ Meeting and theExtraordinary Shareholders’ Meeting to be held on Wednesday12 May 2010 in Brussels are available on the <strong>Dexia</strong> SAInternet site: www.dexia.<strong>com</strong>.6. Share capital6.1. Share capital as at31 december <strong>2009</strong>As at 31 December <strong>2009</strong>, the share capital amounted toEUR 8,089,020,254.08, represented by 1,762,478,783 shareswithout indication of nominal value, of which 467,500,179 registeredshares, 1,278,959,732 dematerialised shares and 16,018,872bearer (physical) shares. The shares are listed on Euronext Brussels,Euronext Paris and the Luxembourg Stock Exchange.Management <strong>report</strong>Consolidatedfinancial statements<strong>Annual</strong> financial statementsAdditional information<strong>Annual</strong> <strong>report</strong> <strong>2009</strong> <strong>Dexia</strong> 91