Edmonton Journal

Home Capital stock makes a big move after settlement

Paying $30M to settle class-action suit and OSC penalties seen as step forward

- ARMINA LIGAYA

Shares of Home Capital Group Inc. surged as much as 18.6 per cent on Thursday, one day after the embattled alternativ­e mortgage lender announced it had agreed to jointly settle allegation­s of misleading disclosure with the Ontario Securities Commission and a classactio­n lawsuit.

Home Capital’s board chairwoman Brenda Eprile said late Wednesday that it “will accept full responsibi­lity for failing to meet its disclosure obligation­s” in connection with the discovery of falsified income documentat­ion in its broker channel and the severing of ties with 45 brokers in 2014 and 2015.

Analysts said the settlement agreement, which will see Home Capital and three former executives pay a total of $30.5-million to resolve both claims, was a “key step in the process of moving forward” but that risks remain.

“The settlement­s come much earlier than we had anticipate­d,” said Jeff Fenwick, an analyst at Cormark Securities Inc., in a note to clients on Thursday.

“We believe the company viewed this as a key priority to enable Home to more readily pursue the various strategic initiative­s underway. It will help allay concerns for potential acquirers or strategic investors and will no doubt also be helpful when seeking to negotiate a liquidity facility to replace the existing one with (Healthcare of Ontario Pension Plan), which comes with a 10 per cent interest rate.”

However, Jaeme Gloyn, an analyst with National Bank of Canada Financial Markets, warned that taking responsibi­lity for disclosure problems could be a “negative factor” in the eyes of depositors and investors.

“We still believe reputation­al damage, liquidity concerns, impaired funding capabiliti­es, and persistent and material uncertaint­y have raised the probabilit­y the company is unable to continue as a going concern,” he told clients in a note on Thursday. “In our view, these factors continue to outweigh the positive steps management has taken to avoid such an outcome (e.g. recent board hires, third-party purchase funding arrangemen­t and this settlement).”

Laurentian Bank Securities analyst Marc Charbin said the company still needs to find a permanent chief executive and form

The settlement­s could allow the group to attract new funding at more reasonable costs, since overall available liquidity has stabilized of late.

a long-term strategy, but valued Home Capital’s shares at $25.52 a share — roughly double Wednesday’s closing price.

According to the proposed settlement with OSC staff, the company has agreed to pay an administra­tive penalty of $10 million, and each of the three former Home Capital executives will be reprimande­d. Founder Gerald Soloway must pay $1 million, and will be prohibited from acting as a director or officer of any reporting issuer for a period of four years. Former chief executive Martin Reid and former chief financial officer Robert Morton must pay $500,000 each, and will be prohibited from acting as a director or officer of any reporting issuer for two years.

The settlement must be approved by a panel of commission­ers at a hearing set for Aug. 9.

Home Capital will also make a payment of $29.5 million to settle a proposed class-action lawsuit that was filed in the Ontario Superior Court of Justice in February but that had not yet been certified. $11 million of the payments made in the OSC settlement will go toward that total.

Ratings agency DBRS Limited said Thursday the settlement, if approved, would be viewed positively.

“The settlement­s could allow the group to attract new funding at more reasonable costs, especially since overall available liquidity has stabilized of late, albeit at significan­tly lower levels,” the agency said.

However, the company’s ratings remain under review with negative implicatio­ns, it added.

“One considerat­ion is HCG’s ability to stabilize liquidity and funding at a reasonable cost. Another considerat­ion is its ability to hire key senior management,” DBRS said.

“The review will also consider the adverse impact of recent developmen­ts on the Group’s franchise strength, including its ability to maintain broker relationsh­ips for both mortgage originatio­ns and funding.”

Shares of Home Capital rose as high as $14.39 early Thursday, up 18.6 per cent from the $12.13 close a day earlier. The stock closed at $13.67, up 12.7 per cent. That’s a significan­t improvemen­t from the $5.85 it hit in early May, but is still more than 47 per cent below its price at the end of March when an executive departure, which was followed by formal allegation­s of misleading disclosure, triggered a partial run on Home Capital’s funding.

More than $1.8-billion or more than 94 per cent of funds have been withdrawn from high interest rate savings accounts at Home Capital’s subsidiary, Home Trust, which stood at $103.9 million as of June 14. Home Trust’s guaranteed investment certificat­e balances — which make up a larger proportion of its mortgage funding — have fallen from $13.06 billion on March 28 to $12.06 billion as of June 13.

 ?? COLE BURSTON/BLOOMBERG ?? Home Capital Group Inc. will pay $30 million to deal with a proposed class-action lawsuit, as well as penalties to the OSC related to financial disclosure.
COLE BURSTON/BLOOMBERG Home Capital Group Inc. will pay $30 million to deal with a proposed class-action lawsuit, as well as penalties to the OSC related to financial disclosure.

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