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Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

Mitsubishi and Nissan teaming up on electric kei car

Nissan and Mitsubishi have announced plans to build an electric kei car together. The yet-unnamed car would mark a major step towards electrification of Japan's popular supercompact segment. The car will be powered by a 20 kWh battery and will be engineered to cover daily driving duties in a Japanese driving cycle. The car can also double as a mobile power source or power a home in emergency situations. Nissan says the car will measure 134 inches long, 58 inches wide, and 65 inches tall, in order to comply with laws limiting kei car size. The companies state that the car will be developed by NMKV Co., Ltd., a joint-venture that stands for Nissan Mitsubishi Kei Vehicle. Each carmaker owns a 50 percent stake, and already jointly builds models such as the feline favorite Nissan Dayz, which Mitsubishi sells as the eK. In reality, that likely means Mitsubishi will be developing the car and Nissan will simply slap a badge on it. Nissan has not traditionally built kei cars, choosing instead to rebadge those made by Suzuki or Mitsubishi. In fact, Mitsubishi built the first electric kei car, the i-Miev, way back in 2009, and it was actually sold in the U.S. until 2017. The jellybean-shaped EV was a pioneer in the field, but its 62-mile range from a 16 kWh lithium-ion battery showed the limitations of the technology at the time. Mitsubishi moved about 32,000 of them before they pulled the plug, with a pre-tax-credit price ranging from $23,000 to $31,000. The new Nissan-Mitsubishi kei car will land at around 2 million yen, or $18,200. The price, while slightly more expensive than a gasoline counterpart, bucks predictions from analysts that said prices would skyrocket by 66 to 120 percent if kei cars were forced to electrify. A petrol-powered Nissan Dayz starts at around $15,200. Size-wise, the two share a similar footprint as they are governed by kei car size limits. The special class of cars get unique license plates and other registration cost benefits due to their compact dimensions. A BMW i3 would exceed those boundaries due to its 158-inch length and 70-inch width. However, the larger EV comes equipped with a substantially bigger 42.2 kWh battery good for 152 miles of range. Though no photos have been released, we predict it will look like the iMk concept (pictured above). The car will go on sale in spring 2022. Related Video This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.

Nissan's Carlos Ghosn offers to wear electronic ankle tag if released

TOKYO — Ousted Nissan Chairman Carlos Ghosn has offered to wear an electronic ankle tag and hire guards to monitor him in an unusual bid to secure his release on bail after two months of harsh detention in Japan for alleged financial crimes. Ghosn is also willing to remain in Tokyo, where he has leased an apartment, and post stock he owns in Nissan as collateral, his spokeswoman said. A new bail hearing is set for Monday after an earlier request was denied due partly to concerns the French executive was a flight risk. His release would allow Ghosn to meet more frequently with his lawyers and defend himself before the board of Renault, where he remains chairman and CEO, amid calls for his removal and potential moves to restructure the Nissan tie-up. Ghosn denies any wrongdoing as he awaits trial on charges of financial misconduct. "I will attend my trial not only because I am legally obligated to do so, but because I am eager to finally have the opportunity to defend myself," Ghosn said in a statement on Sunday. "I am not guilty of the charges against me, and I look forward to defending my reputation in the courtroom." Meanwhile, Ghosn's wife, Carole Ghosn, has written to French President Emmanuel Macron to discuss her husband's situation, her public relations representative said. The representative, Devon Spurgeon, confirmed a report in French paper Journal du Dimanche that a letter had been sent to Macron this month, but declined to provide details. France wants a full merger As Ghosn's arrest on Nov. 19 continued to cloud the outlook for Nissan's three-way alliance with France's Renault and Mitsubishi Motors, Nissan said it was not the time to discuss revising the partners' capital ties. Ghosn, who spearheaded Nissan's turnaround two decades ago, had pushed for a deeper tie-up between Nissan and Renault, including possibly a full merger by 2020, despite strong reservations at the Japanese firm. "We are not at the stage for such discussions," Nissan CEO Hiroto Saikawa told reporters on Monday. Saikawa said he had not heard directly about a reported proposal by the French government to integrate the Japanese carmaker's management with Renault. The Nikkei newspaper reported on Sunday that a French government delegation had informed Tokyo that it would seek an integration of Renault and Nissan, most likely under the umbrella of a single holding company. "Since I have not heard this directly, I cannot comment," Saikawa told reporters.