HSBC sets aside $1.1bn to cover Madoff fraud claim
The bank lifted its profitability outlook despite booking hefty legal provisions in the third quarter. Valeria Martinez and Mark Robinson report
HSBC (HSBA) took a $1.1bn (£824mn) provision in its third-quarter results after losing part of an appeal linked to Bernard Madoff’s Ponzi scheme, but upgraded full-year net interest income (NII) guidance by $1bn as revenue came in ahead of expectations.
The case dates back to 2009, when Herald Fund SPC – a European feeder fund that invested in Madoff’s funds – sued HSBC’s Luxembourg securities arm, HSSL, which acted as custodian, seeking up to $5.6bn in damages. A lower court dismissed the claim in 2013, but an appeals court revived it last year.
Luxembourg’s top court has now upheld part of the ruling, forcing HSBC to recognise the provision. The bank plans a second appeal and will contest the amount HSSL is required to pay, while adding that the eventual financial impact could be “significantly different”. Chief financial officer Pam Kaur has indicated it could take years to arrive at a final settlement.
The bank also booked a $300mn provision for a French investigation into dividend withholding tax treatment of “certain historical trading activities”, which it said is now at an “advanced stage”. Those charges constrained reported profits and reduced the common equity tier one capital (CET1) ratio, a key measure of financial resilience, to 14.5 per cent.
Shareholders can take heart from the bank’s adjusted figures, however. Constant currency pre-tax profits (ex-exceptionals) for the third quarter came in at $9.1bn, an increase of 3 per cent on the 2024 comparator, all helped by deposit growth and the benefit of a structural hedge.
The revenue beat was driven by strong wealth fees and banking NII, pushing it up 15 per cent to $8.8bn, with the margin up 11 basis points to 1.57 per cent. The lender said the $1bn upgrade to NII guidance was a partial reflection of targeted efficiency gains and confidence in the “near-term trajectory for policy rates in key markets”.
Guidance for return on average tangible equity (ROTE) excluding notable items was raised to “mid-teens or better”, compared to just “mid-teens” previously. That reflects a higher capital base after the bank announced it would temporarily suspend share buybacks while pursuing its proposal to privatise Hang Seng Bank.
Analysts expect the bank’s run of solid results to continue in the years ahead. Even when accounting for the new Madoff costs, consensus forecasts tracked by FactSet suggest pre-tax profit will exceed $30bn for the third consecutive year in 2025, with more gains expected in 2026 and 2027.
“These earnings, if attained, are way ahead of what HSBC achieved at the peak of the cycle in 2006-07, just before the great financial crisis hit, and this all helps to explain why the shares set a new all-time high earlier this month,” said AJ Bell investment director Russ Mould.
Petrofac plans to call in administrators
Oil services contractor Petrofac (PFAC) has applied to the courts to call in administrators.
The heavily indebted company, whose shares have been suspended since May, has been trying to shore up its balance sheet for two years but said that a decision by Dutch electricity network company TenneT to cancel a contract to deliver six 2GW wind farms meant that a restructuring plan it had planned to deliver by the end of November “is no longer deliverable in its current form”.
The company had already warned two weeks ago that the proposed restructuring would “result in no residual value being retained by existing shareholders”. It said that group operations were continuing to trade as “alternative restructuring and M&A” options were being explored with creditors.
Petrofac was worth around £6bn at its peak in 2012 but collapsed following a Serious Fraud Office probe and multiple profit warnings. By the time its shares were suspended in May, the group was worth around £20mn. The company has blamed contract payment delays and mounting costs for its misfortunes. MF
Walmsley bids adieu as GSK upgrades profits (again)
Emma Walmsley will step down as chief executive of GSK (GSK) at the end of this year, but will be going out on a high after the pharma heavyweight registered its second upgrade to sales and profits for 2025.
Within its third-quarter trading update, the group revealed that revenues through the year are now expected to grow by 6-7 per cent, while core profit growth is now pitched at 9-11 per cent, against the previously given range of 6-8 per cent.
Total third-quarter sales, up 8 per cent at constant currencies to £8.5bn, have been propelled by double-digit increases within its specialty medicines, HIV, and respiratory, immunology and inflammation units. However, the standout performance was attributable to its oncology product group, with sales up 39 per cent. Vaccine sales hit £2.7bn, with a strengthening contribution (£800mn) from its Shingrix treatment for shingles.
“We assume that the company is likely to reiterate previous comments that it intends to reinvest some of this outperformance in accelerating research and development investments in 2026,” said UBS analyst Matthew Weston.
The group’s shares were marked up in response to the positive update, but closer inspection will be given to the clinical trials under way, and those due to commence by the year end. MR
WH Smith delays results amid US accounting probe
WH Smith (SMWH) has pushed back the publication date of its annual results by more than a month as it awaits the outcome of an independent review by Deloitte into accounting errors in its North American division.
The results were scheduled to be released on 12 November but have now been postponed to 16 December. The travel retailer said the delay will give it time to respond to Deloitte’s findings and allow its auditor, PwC, to complete more audit checks.
Shares in WH Smith plunged more than 40 per cent in August after the company said it had uncovered a dramatic overstatement of its North American operating profit. An internal review found an overstatement of around £30mn in North American headline trading profit, which was knocked down to £25mn.
The board said it expects a headline profit before tax and adjusted items of around £110mn for the 12 months to 31 August, well below analyst consensus of around £140mn.
WH Smith blamed the error on “accelerated recognition of supplier income”, which is the payments, incentives or discounts the company receives for buying higher volumes of stock or marketing or promotional activity. These are deducted from the cost of sales on an accrual basis as they are earned for each contract. VM
UK watchdog flags competition concerns in Greencore-Bakkavor tie-up
The Competition and Markets Authority (CMA) said Greencore’s (GNC) acquisition of Bakkavor (BAKK) could harm competition – particularly in the supply of own-label chilled sauces to supermarket chains in the UK.
Greencore struck a £1.2bn deal to buy its rival Bakkavor in April, creating a UK convenience food giant with a combined revenue of £4bn. The watchdog, which has completed its phase 1 investigation into the deal, said the company now has until 3 November to put forward proposals to address the issue.
Analysts at RBC Capital Markets noted that chilled sauces make up less than 1 per cent of revenues for the combined group, and said they expect that the companies “have already identified a potential remedy and are ready to move forward with further discussions”.
The regulator did not raise competition concerns about 99 per cent of the revenues generated by the merger, but a satisfactory response from Greencore will avoid a more in-depth second phase of the investigation. The transaction is scheduled to complete in early 2026, subject to the outcome of the CMA’s full investigation. EW
Goodwin to pay chunky special dividend as profit soars
Shares in engineering group Goodwin (GDWN) soared by 32 per cent on Monday after it said it would pay a special interim dividend as profits are likely to be double those of last year.
The company expects “with a high degree of confidence” to be able to generate a trading pre-tax profit of more than £71mn for the financial year ending in April, based on a strong order book of £365mn, plus expectations of more work from nuclear and defence projects that haven’t yet been booked as orders.
It also plans to get ahead of any potential changes in the Budget by paying a one-off special dividend of 532p, which will be in addition to the 280p final dividend it announced in July – half of which has already been paid, with the remaining 140p due to be paid next April.
Since the company has no debt, strong cash generation and few capex requirements that are not being funded by customers, it has “surplus funds exceeding those needed for optimal efficiency”, executive chair Timothy Goodwin said in a statement.
Even after the payout, Goodwin will “continue to have low gearing relative to its peers”, he added. MF
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