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Crédit Agricole S.A.Update of the 2011 registration document - A03Operational risksA description of the system for the oversight and management of operational risk is given on pages 220 to222 of the 2011 registration document.Operational risk is the risk of loss resulting from shortcomings or failure in internal procedures, human error,information systems or external events. It includes legal risk but not strategic or reputational risk.Main changesIn keeping with the trends of the last two years, the cost of operational risk decreased for the majority ofGroup entities during the first half of 2012.Two audits by the Autorité de Contrôle Prudentiel concerned operational risk: “Rogue Trading / AMA(Advanced Measurement Approach) internal model”, currently still at the adversarial phase, and a “Corep”audit currently in progress.Adoption of the Advanced Measurement Approach (AMA):The pre-validation visit by the Bank of Italy in respect of the request for authorisation for Cariparma to adoptthe AMA method took place in February 2012. An application for validation is planned for November 2012,with the aim of achieving AMA validation in May 2013.Permanent control system:Governance of the system has been enhanced with the creation of a Permanent Control umbrella committeeand the monitoring of plans of action relating to recurring critical indicators at the level of the Group InternalControl Committee. A review of the Group Consolidated reference framework (2.2.C) is planned for betweennow and the end of the year on the theme of credit risk and will continue in 2013.Page 122 sur 237
Crédit Agricole S.A.Update of the 2011 registration document - A03Legal risksThe main pending legal and tax proceedings involving Crédit Agricole S.A. and its fully integratedsubsidiaries are described in the 2011 Management report which is part of the Registration Document No. D12-0160 that was filed with the AMF at 15 March 2012.Relative to the exceptional events and legal disputes set out in this report under Legal risks, a change shouldbe noted relating to “Obligations concerning public retirement plans in Greece (Emporiki Bank)”. Aruling was given by the Greek Supreme Court on 5 July 2012, overturning the decision of the Athens Courtof Appeal and rejecting the request from the bank’s staff union. The court upheld the constitutionality of law3371/2005 and stated that mandatory employee insurance matters are governed by law and not subject toprivate agreements. It decided to refer the case to the Athens Court of Appeal for a new hearing under adifferent composition. On this occasion, the Court of Appeal is bound by the various points of law on whichthe Supreme Court has ruled.There was also change relating to the CIE case (Cheque Image Exchange). In a ruling of 23 February 2012,the Paris Court of Appeal cancelled the decision reached by the Autorité de la Concurrence – which hadimposed a total fine of 384.92 million euros on the accused banks, including LCL and Crédit Agricole –deeming that the Autorité de la Concurrence had not demonstrated the existence of restrictions tocompetition constituting an anti-competitive price agreement.On 23 March 2012, the Autorité de la Concurrence submitted an appeal against the Paris Court of Appeal’sdecision given on 23 February 2012.There have not been any changes to any other cases since 15 March 2012.Two other cases should also be noted:On 9 April 2012, Intesa Sanpaolo S.p.A (“Intesa”) summoned Crédit Agricole CIB, Crédit AgricoleSecurities (U.S.A), a number of Magnetar Group companies and The Putnam Advisory Company LLCbefore the Federal Court of New York concerning a CDO structured by Crédit Agricole CIB, namedPyxis ABS CDO 2006-1.Having concluded a Credit Default Swap with Crédit Agricole CIB of a notional amount of 180,000,000dollars on the super-senior tranche of the CDO, Intesa believes that it has been detrimentally affectedby the structuring of the CDO and is demanding damages of 180,000,000 US dollars, plus interest onthis amount, as well as compensatory and punitive damages and repayment of its costs and fees for anas yet undisclosed amount.As contributors to several interbank rates, Crédit Agricole SA and its subsidiary Crédit Agricole CIBhave received requests for information from various authorities within the framework of enquiriesconcerning the setting of certain LIBOR rates (London Interbank Offered Rates) and the Euribor rate(Euro Interbank Offered Rate) and related transactions. These requests cover several periods from2005 to the present day. Crédit Agricole is cooperating with the authorities.Any legal risks outstanding as of 31 December 2011 that could have a negative impact on the Group’s netassets have been covered by adequate provisions based on the information available to seniormanagement.To date, to the best of Crédit Agricole S.A.’s knowledge, there are no other governmental, judiciary orarbitration proceedings (or any proceedings known by the Company, in abeyance or threatening theCompany) that could have or have had, in the last six months, any substantial effect on the financial situationor the profitability of the Company and/or the Crédit Agricole S.A. Group.Page 123 sur 237
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PDF (3.77 Mo) - Le CrÃ©dit Agricole

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