DOCSLIB.ORG

Thomas Bennett III, Et Al. V. Royal Dutch Petroleum Company, Et Al

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Thomas Bennett III, Et Al. V. Royal Dutch Petroleum Company, Et Al ~' r- n r-fir r., COHN LIFLAND PEARLMAN HERRMANN & KNOPF, LLP Peter S. Pearhnan Fed. Bar No. - PP8416 ~ L! 7 Park 80 Plaza West - One Saddle Brook, NJ 07663 (201) 845-9600 Attorney for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY THOMAS BENNETT III, Individually and on ) CASE NO. Behalf of all Others Similarly Situated, ) CLASS ACTION COMPLAINT Plaintiff, ) FOR VIOLATIONS OF FEDERAL SECURITIES LAWS vs. ) JURY TRIAL DEMANDED N.V. KONINKLIJKE NEDERLANDSCUE PETROLEUM MAATSCHAPPIJ, a/k/a ROYAL DUTCH PETROLEUM COMPANY, THE SHELL TRANSPORT AND TRADING COMPANY,PLC, SHELL PETROLEUM, N.V., THE SHELL PETROLEUM COMPANY, LTD., MAARTEN VAN DER BERGH, JUDY BOYNTON, MALCOLM BRINDED, S .L. MILLER, HARRY J.M. ROELS, PAUL D. SKINNER, M. MOODY-STUART, JEROEN VAN DER VEER, AND PH LIP R . WATTS Defendants. PLAINTIFF'S CLASS ACTION COMPLAIN T Plaintiff has alleged the following based upon the investigation of plaintiff's counsel, whic h included a review of United States Securities and Exchange Commission ("SEC") filings by Royal Dutch Petroleum Company ("Royal Dutch") and the Shell Transport and Trading Company, PLC ("Shell Transport"), as well as regulatory filings and reports, securities analysts reports an d advisories about Royal Dutch and/or Shell Transport, press releases and other public statements issued by Royal Dutch and/or Shell Transport, and media reports about Royal Dutch and/or Shell Transport, and plaintiff believes that substantial additional evidentiary support will exist for th e allegations set forth herein after a reasonable opportunity for discovery. NATURE OF THE ACTIO N 1 . This is a federal class action on behalf ofpurchasers of the securities, including the common stock traded in overseas markets and the American Depository Receipts ("ADRs") of Royal Dutch Petroleum Company ("Royal Dutch") (NYSE : RD) and/or The Shell Transport and Trading Company, PLC ("Shell Transport") (NYSE: SC) between December 3, 19.99 and January 9, 2004, inclusive (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934 ( the "Exchange Act"). JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this action pursuant to §27 of the Exchange Act (15 U .S.C. §78aa) and 28 U.S.C. §1331 . 3 . Plaintiff brings this action pursuant to the Securities Exchange Act of 1934 a s amended (15 U.S.C . §§ 78j(b) and 78t(a)), and Rule lOb-5 promulgated thereunder (17 C.F.R. §240.1 Ob-5). Venue is proper in this District pursuant to Section 27 of the Exchange Act, 15 U .S.C. §78aa, and 28 U.S.C. § 1391(b) and (c). Defendants engage in the major manufacturing and sale of petrochemical and related products along the Eastern Seaboard and maintain a fuel, lubricant, an d specialty additives research, manufacturing, and sales facility in Linden, New Jersey . 4. In connection with the acts alleged in this complaint, defendants, directly or indirectly, used the means and instrumentalities of interstate commerce, including, but not limited to, the mails, interstate telephone communications and the facilities of the national securities markets . -2- PARTIES 5 . Plaintiff, as set forth in the accompanying certification, incorporated by reference herein, purchased the ADRs ofRoyal Dutch at artificially inflated prices during the Class Period and has been damaged thereby. 6. Defendant Royal Dutch Petroleum Company ("Royal Dutch") is a Netherland s corporation with its principal executive office located at 30, Carel van Bylandtlaan, 2596 HR The Hague, The Netherlands . Royal Dutch is a 60% owner of Shell Petroleum Netherlands and Shel l Petroleum UK. 7. Defendant The Shell Transport and Trading Company, PLC ("Shell Transport") is an English corporation with its principal executive offices located at Shell Centre, London SE1, 7NA. Shell Transport is a 40% owner of Shell Petroleum Netherlands and Shell Petroleum UK. 8 . Defendant Shell Petroleum N.V. ("Shell Petroleum Netherlands") is incorporated in The Netherlands and is 60% owned by Royal Dutch and 40% owned by Shell Transport . 9. Defendant The Shell Petroleum Company Limited ("Shell Petroleum UK") i s registered in England and Wales and is 60% owned by Royal Dutch and 40% owned by Shel l Transport. 10. The following defendants, each of whom was an executive officer of Royal Dutch or Shell Transport, served as Group Managing Directors (as defined below) at the various times during the Class Period : Maarten van den Bergh, JudyBoynton, Malcolm Brinded, S .L. Miller, Harry J. M. Roels, Paul D. Skinner, M. Moody-Stuart, Jeroen van der Veer, and Philip R . Watts ("Watts"). 11 . Additionally, defendant Watts was, at all relevant times, Director and Managing Director of Shell Transport and Chairman of Shell Transport since 2001 . Watts also served as Chie f -3- Executive Officer, Exploration and Production, from 1997-2001 and, in that capacity, led Shel l Transport' s oil and gas exploration unit when some of the recategorized reserves described below were booked . 12. Defendants Maarten van den Bergh, Judy Boynton, Malcolm Brinded, S .L. Miller, Harry J. M. Roels, Paul D . Skinner, M. Moody-Stuart, Jeroen van der Veer, and Philip R. Watts are collectively referred to hereafter as the "Individual Defendants." During the Class Period, each of the Individual Defendants, as senior executive officers and/or directors of Royal Dutch and/or Shel l Transport, were privy to non-public information concerning its business , finances, products, markets and present and future business prospects via access to internal corporate documents, conversations and connections with other corporate officers and employees, attendance at m anagement and Board of Directors meetings and committees thereof and via reports and other information provided to them in connection therewith . Because of their possession of such information, the Individual Defendants knew of or recklessly disregarded the fact that adverse facts specified herein had not been disclosed to, and were being concealed from, the investing public . PLAINTIFF'S CLASS ACTION ALLEGATIONS 13 . Plaintiff brings this action as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3) on behalf of himself and all purchasers of Royal Dutch and/or Shell Transport securities, including ADRs and ordinary shares, from December 3, 1999 to January 9 , 2004. Excluded from the Class are defendants herein, members of the immediate family of each o f the defendants, any person, firm, trust, corporation, officer, director or other individual or entity in which any defendant has a controlling interest or which is related to or affiliated with any of th e -4- defendants, and the legal representatives, agents, affiliates, heirs, successors-in-interest or assigns of any such excluded party. 14. The members of the Class are so numerous that joinder of all members is impracticable. The precise number of Class members is unknown to plaintiff at this time but i s believed to be in the thousands. In addition, the names and addresses of the Class members can be ascertained from the books and records of Royal Dutch and Shell Transport or their respective transfer agents. Notice can be provided to such record owners by a combination of published notice and first-class mail, using techniques and a form of notice similar to those customarily used in class actions arising under the federal securities laws . 15. Plaintiff will fairly and adequately represent and protect the interests of the members of the Class. Plaintiff has retained competent counsel experienced in class action litigation under the federal securities laws to further ensure such protection and intends to prosecute this action vigorously. 16. Plaintiffs claims are typical of the claims of the othermembers of the Class because plaintiff's and all the class members' damages arise from and were caused by the same false and misleading representations and omissions made by or chargeable to defendants . Plaintiff does not have any interests antagonistic to, or in conflict with, the Class . 17. A class action is superior to other available methods for the fair and e fficient adjudication of this controversy . Since the damages suffered by individual class members may be relatively small, the expense and burden of individual litigation make it virtually impossible for the class members to seek redress for the wrongful conduct alleged. Plaintiffknows of no difficulty that -5- will be encountered in the management of this litigation that would preclude its maintenance as a class action. 18. Common questions of law and fact exist as to all members of the Class an d predominate over any questions affecting individual members of the Class. Among the questions of law and fact common to the Class are : a. Whether the federal securities laws were violated by defendants ' acts as alleged herein ; b. Whether Royal Dutch 's and/or Shell Transport's publiclydisseminated press releases and statements during the Class Period omitted and/or misrepresented material facts ; c. Whether defendants breached any duty to convey material facts or to correct material facts previously disseminated ; d. Whether defendants acted willfully, with knowledge or recklessly, in omittin g and/or misrepresenting material facts ; and e. The extent of injuries sustained by members of the Class and the appropriat e measure of damages. SUBSTANTIVE ALLEGATIONS Background of Royal Dutch/Shell 25 . Royal Dutch and Shell Transport are separate holding companies that own; directly or indirectly, investments in numerous operating and holding companies engaged in the business o f producing, refining, storing, transporting, supplying and distributing petroleum and petroleum products. In addition, the operating companies owned by Royal Dutch and Shell Transport are -6- engaged in various activities related to oil and natural gas, chemicals, power generation, renewable resources and other businesses in over 145 countries . 26. Royal Dutch and Shell Transport operate under an alliance made in 1907, by which the two companies agreed to merge their interests on a 60:40 basis while remaining separate and distinct entities.
Load more

Recommended publications
  • Royal-Dutch-Shell-Fra-Oljemuseets-Årbok-2018.Pdf
    Nor sk oljemuseum årbok 201 7 Årboken er Norsk Oljemuseums viktigste, årlige publikasjon. Den tar for seg et bredt spekter av aktuelle tema knyttet til petroleumsnæringen og museets virksomhet. Artiklene er skrevet både av museets egne ansatte og eksterne bidragsytere. Museets årsmelding og regnskap er også å finne i årboken. Norsk Oljemuseumoljemuseum Årbokårbok 20172018 Royal Dutch/Shell av Trude Meland hell har drevet sin verdensomspennende En gryende globalisering Svirksomhet i over 100 år og har bygget opp en Det hele startet i 1833 da Marcus Samuel sr. av verdens mest kjente merkevarer. Royal Dutch/ åpnet en liten forretning i Londons East End Shell som i dag er et multinasjonalt selskap med hvor han handlet med antikviteter, rariteter, hovedkontor i Haag og forretningsadresse i konkylier og dekorative skjell. Skjell og konkylier London, startet som en allianse i 1907. Da slo det var på moten i det viktorianske Storbritannia, og nederlandske Royal Dutch Petroleum Company forretningen var lukrativ.2 og britiske The «Shell» Transport and Trading Company seg sammen. Dette er historien om Den vokste til et blomstrende import- og hvordan Royal Dutch/Shell Group vokste seg eksportfirma, og Samuel organiserte en toveis til å bli et av verdens største foretak, men også handel mellom Storbritannia og det fjerne østen. om de to som startet det – den ene fra Londons Tekstiler og maskiner til å bygge opp en industri østkant, jødisk opprinnelse og ambisiøs. Den gikk fra Storbritannia, og i retur kom ris, kull, andre nederlender, med en hang for detaljer og silke, kobber og porselen. Antall handelspartnere tall. Mennene var Marcus Samuel jr.
    [Show full text]
  • The Case Against Malcolm Brinded CBE - February 2015
    The Case against Malcolm Brinded CBE - February 2015 The Case against Malcolm Brinded CBE Beyond reasonable doubt Introduction In Scotland, existing health and safety offences and gross negligence manslaughter apply to individuals, and following the changes to corporate manslaughter law prosecutions against corporations will continue to be taken where there is sufficient evidence and it is in the public interest to do so. The difficulty in securing the prosecution of individuals, gross negligence manslaughter, particularly a Director, is the challenge to prove guilt beyond reasonable doubt. A defense for Directors would be that they were not aware, were not directly involved in the felony and to prove otherwise in large corporations must be difficult. The Scottish Affairs Committee discussed what they considered a low level of prosecutions in this arena with the Lord Advocate Frank Mulholland. Lindsay Roy my MP is or was a member of that committee and is copied on this note. Mulholland's position was that it was not easy to bring prosecutions, such a prosecution if it was to be successful needed to be proved beyond reasonable doubt unlike civil or other prosecutions where the bar is set lower on the balance of probabilities. That burden of proof is taken away from Crown officials in the case of Brinded because the Royal Dutch Shell (RDS) investigation in 2004/5 into his conduct in 1999 was conclusive. In 2005 at the corporate headquarters in The Hague, a meeting was held to hear the outcome of the investigation. Present were the CEO of the new Company, Jeroen van de Veer, his Legal Counsel Beat Hess, the Investigation team Jakob Stausholm and Richard Sykes, and the author who had instigated and participated in giving evidence to the investigation.
    [Show full text]
  • Henk Dijxhoorn
    AMBASSADEUR september 2007 Dit is een uitgave van Shell Nederland B.V., Carel van Bylandtlaan 30, 2596 HR Den Haag. Redactie: 070 - 377 87 00. E-mail: [email protected] TERWIJL ENERGIESECTOR VERANDER T Record volgt record Tegenover lagere resultaten bij upstream (Exploratie en Productie) stonden in de laatste kwartaalcijfers van Shell hogere uitkomsten bij raffinage, retail, chemie en LNG (vloei- baar gas). Zodat Shell voor het zesde kwartaal op rij recordresultaten kon melden: $8,7 miljard. Als iets opvallends is aan ten opzichte van dezelfde de voorbije anderhalf jaar, periode een jaar eerder. is het het telkens door Roy- Het zesde kwartaal in serie al Dutch Shell plc overtref- waarin de realiteit de ver- fen van de verwachtingen wachting overtrof. van de financiële analisten Terwijl de olie- en gas- bij de kwartaalcijfers. Over productie in het tweede het tweede kwartaal 2007 kwartaal samen licht zou de onderneming, zo daalde (plus één procent schatten zij, gemiddeld een bij olie en min zes procent 2,5 procent hogere winst bij aardgas, dat laatste realiseren. Het werd echter vooral door een relatief een groei met 20 procent zachte winter en voorjaar Kwartalen $ miljoen Eerste halfjaar in West-Europa) en de deden, werd in het tweede Q2 2007 Q2 2006 2007 2006 marktnotering van olie en kwartaal een nettowinst gas beneden die van het (inclusief boekwinsten op 8.667 7.324 Winst toerekenbaar aan aandeelhouders 15.948 14.217 tweede kwartaal 2006 lag, voorraden) gerealiseerd (1.111) (1.010) Voorraadeffect olieproducten en chemie (1.460) (1.815) presteerde de downstream- van bijna $8,7 miljard.
    [Show full text]
  • 2008 Annual Report and Form 20-F for the Year Ended December 31, 2008 Contact Information
    ROYAL DUTCH SHELL PLC ANNUAL REPORT AND FORM 20-F FOR THE YEAR ENDED DECEMBER 31, 2008 DELIVERY & GROWTH REPORT ANNUAL REPORT AND FORM 20-F FOR THE YEAR ENDED DECEMBER 31, 2008 OUR BUSINESS With around 102,000 employees in more than 100 countries and DOWNSTREAM territories, Shell helps to meet the world’s growing demand for Our Oil Sands business, the Athabasca Oil Sands Project, extracts energy in economically, environmentally and socially bitumen – an especially thick, heavy oil – from oil sands in responsible ways. Alberta, western Canada, and converts it to synthetic crude oils that can be turned into a range of products. UPSTREAM Our Exploration & Production business searches for and recovers Our Oil Products business makes, moves and sells a range of oil and natural gas around the world. Many of these activities petroleum-based products around the world for domestic, are carried out as joint venture partnerships, often with national industrial and transport use. Its Future Fuels and CO2 business oil companies. unit develops biofuels and hydrogen and markets the synthetic fuel and products made from the GTL process. It also leads Our Gas & Power business liquefies natural gas and transports company-wide activities in CO2 management. With around it to customers across the world. Its gas to liquids (GTL) process 45,000 service stations, ours is the world’s largest single-branded turns natural gas into cleaner-burning synthetic fuel and other fuel retail network. products. It develops wind power to generate electricity and is involved in solar power technology. It also licenses our coal Our Chemicals business produces petrochemicals for industrial gasification technology, enabling coal to be used as a chemical customers.
    [Show full text]
  • Lessons Not Learned: the Other Shell Report
    Lessons Not Learned The Other Shell Report 2004 Dedicated to the memory of Ken Saro-Wiwa “My lord, we all stand before history. I am a man of peace. Appalled by the denigrating poverty of my people who live on a richly-endowed land . anxious to preserve their right to life and to a decent living, and determined to usher into this country . a fair and just democratic system which protects everyone and every ethnic group and gives us all a valid claim to human civilization. I have devoted all my intellectual and material resources, my very life, to a cause in which I have total belief and from which I cannot be blackmailed or intimidated. I have no doubt at all about the ultimate success of my cause . Not impris- onment nor death can stop our ultimate victory.” —Ken Saro-Wiwa’s final statement before his execution on 10 November 1995 Guide to contents 1 Guide to contents 2 Foreword from Tony Juniper & Vera Dalm This report is based largely on evidence from people Tony Juniper, Executive Director, Friends of the Earth (England, around the world who live in the shadows of Shell’s vari- Wales & Northern Ireland) & Vera Dalm, Director, Milieudefensie ous operations. This report is written on behalf of (Friends of the Earth Netherlands) Friends of the Earth (FOE); Advocates for Environmental Human Rights; Coletivo Alternative Verde; Community In- 3 The Year in Review power Development Association; Concerned Citizens of Norco; Environmental Rights Action (FOE Nigeria); 4 Niger Delta, Nigeria Global Community Monitor; groundWork (FOE South Injustice as a Shell Trademark Africa); Humane Care Foundation Curacao; Louisiana Bucket Brigade; Niger-Delta Project for the Environment, 7 Durban, South Africa Human Rights and Development; Pacific Environment Communities Doomed with Aging Refinery Watch; Sakhalin Environment Watch; Shell to Sea; South Durban Community Environmental Alliance; and 10 Sao Paulo, Brazil United Front to Oust Oil Depots.
    [Show full text]
  • Lord Mark Malloch-Brown
    Last Updated Jul. 28, 2018 (*.xlsx file attached to this PDF) Mark Malloch-Brown Burkes Peerage; UK Civ. Reg., SEC Biography Timeline Dates Organization/ Activity Title / Position (attached *.xlsx contains Citation column D >>>) Lord Mark Malloch-Brown Marylebone, London, UK; mother Ursula Elspeth Pelley (b. Dec. 31, 1921), daughter of Sir Kenneth Raymond Pelly and Elspeth Norna Grant; father, exiled South African diplomat Lieutenant Robert George Malloch Brown son of Robert W. Malloch Brown (South African Naval Force)(d. May 11, 1967); 1953 (Sep 16) Born, Rhodesia wife Patricia Anne Cronam (m. 1989); daughters Maddison Jane (b. 1991), Isabel Anne (b. 1994), Phoebe (b. after 1994), and son George (b. after 1994); Source: Burke's Peerage Nos. 401249, 401250, 401248, 401251, 401253, 401252 , 401254 1975 (ca) Cambridge University, Magdalene College First Class Honour's Degree in History 1976 (ca) University of Michigan Masters in Political Science 1977-1979 The Economist Polical Correspondent, Development Specialist, Communications Consultant United Nations High Commissioner for Refugees (UNHCR), 1979-1981 Thailand Field Operations for Cambodian Refugees (Camps SaKhao- Chief of Field Operations I-Dang) Sources: Various incl. UK Parliment, Wikipedia, Wayback Machine, Companies House. Page 1 Last Updated Jul. 23, 2018 Mark Malloch-Brown Burkes Peerage; UK Civ. Reg., SEC Biography Timeline Dates Organization/ Activity Title / Position (attached *.xlsx contains Citation column D >>>) United Nations High Commissioner for Refugees (UNHCR) 1979-1981 Deputy Chief Emergency Unit in Geneva, Horn of Africa, Central America 1979-1983 United Nations High Commissioner for Refugees (UNHCR) Staffer Nobel Peace Prize to the United Nations High Commissioner for 1981 Co-recipient Refugees (UNHCR) 1983-1986 The Economist, Economist Development Report Founding Editor Lead International Partner; Co-owner; experts on privitization and economic 1986-1994 Sawyer-Miller Law Group, Washington, D.C.
    [Show full text]
  • Filed by Royal Dutch Shell Plc
    Filed by Royal Dutch Shell plc This communication is filed pursuant to Rule 425 under The Securities Act of 1933, as amended, and deemed filed pursuant to Rule 14d-2 of the Securities Exchange Act of 1934, as amended. Subject Company: Royal Dutch Petroleum Company Commission File Number: 001-03788 Date: October 28, 2004 THE FOLLOWING IS AN EMPLOYEE FACT SHEET THAT WAS POSTED ON WWW.SHELL.COM ON OCTOBER 28, 2004. EMPLOYEE FACT SHEET Royal Dutch Shell Not for release to, or publication or distribution in, in whole or in part, into Canada or Japan. — One, single tier Board; One Non-Executive Chairman; One Chief Executive; One Headquarters — Simplified ownership and market profile — Delivers clarity, simplicity, efficiency and accountability — Rigorous evaluation process taking into account shareholders, stakeholders and employees — One Company; Many Strengths Simplified structure The Group’s two parent companies, Royal Dutch Petroleum Company (RD) and Shell Transport and Trading plc. (ST&T), will unify under one new parent company, Royal Dutch Shell plc. — One listed UK parent company for the Group, Royal Dutch Shell plc. — A single tier board chaired by a single Non Executive Chairman. Aad Jacobs, currently Chairman of the Supervisory Board of Royal Dutch will be the first non-executive Chairman. — A Chief Executive with full executive authority and empowered to drive strategy implementation, operational delivery and cultural change. Jeroen van der Veer, currently Chairman of the Committee of Managing Directors, assumes this role with immediate effect. — Board initially to comprise 5 Executive Directors and 10 Non Executive Directors (a reduction from the current combined 16 Non-Executives).
    [Show full text]
  • Case 19-10684-KG Doc 567 Filed 06/07/19 Page 1 of 613
    Case 19-10684-KG Doc 567 Filed 06/07/19 Page 1 of 613 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 HEXION HOLDINGS LLC., et al.,1 Case No. 19-10684 (KG) Debtors. (Jointly Administered) AFFIDAVIT OF SERVICE STATE OF CALIFORNIA } } ss.: COUNTY OF LOS ANGELES } SCOTT M. EWING, being duly sworn, deposes and says: 1. I am employed by Omni Management Group located at 5955 DeSoto Avenue, Suite 100, Woodland Hills, CA 91367. I am over the age of eighteen years and am not a party to the above-captioned action. 2. On May 24, 2019, I caused to be served the: a. Order (A) Approving the Disclosure Statement, (B) Establishing the Voting Record Date, Voting Deadline, and Other Dates, (C) Approving Procedures for Soliciting, Receiving, and Tabulating Votes on the Plan and for Filing Objections to the Plan, (D) Approving the Manner and Forms of Notice and Other Related Documents, (E) Approving Notice and Procedures for the Assumption of Executory Contracts and Unexpired Leases, (F) Shortening Notice with Respect to Certain Plan Related Deadlines, (G) Approving the Rights Offering Procedures, and (H) Granting Related Relief [Docket No. 441, without Exhibits], (the “Order”), b. Second Amended Joint Chapter 11 Plan of Reorganization of Hexion Holdings LLC and it’s Debtors Affiliates Under Chapter 11 of the Bankruptcy Code [Docket No. 446], (the “Plan”), c. Disclosure Statement for Second Amended Joint Chapter 11 Plan of Reorganization of Hexion Holdings LLC and Its Debtor Affiliates Under Chapter 11 of the Bankruptcy Code [Docket No.
    [Show full text]
  • Royal Dutch Petroleum Company & the “Shell” Transport and Trading Company, P.L.C
    Royal Dutch Petroleum Company & The “Shell” Transport and Trading Company, p.l.c. Royal Dutch/Shell Group Fourth Quarter and Full Year 2003 Financial Results The Royal Dutch/Shell Group of Companies today announced its financial results for the fourth quarter and full year of 2003. Presentations will be held in The Hague and London in which senior executives of the Group will discuss the results, provide an update of the Group’s performance and additional information on the recent recategorisation of reserves to fund managers, analysts and media. The presentation will be repeated in New York tomorrow. The London and Hague presentations can be viewed on www.shell.com/investor from 11.00 GMT. Delivering performance with a long term view Sir Philip Watts, Chairman of the Committee of Managing Directors of The Royal Dutch/Shell Group of Companies and The “Shell” Transport and Trading Company p.l.c. and Jeroen van der Veer, Vice Chairman of the Committee of Managing Directors of The Royal Dutch/ Shell Group of Companies and President of Royal Dutch Petroleum Company commented on the results: “For Shell, 2003 saw record cash generation and competitive returns, underpinning our dividend growth. Our portfolio and people once again demonstrated strong performance. 2003 also saw the delivery of many important strategic milestones, and in addition, we intensified action on under performing assets. We remain totally committed to generating significant value for our shareholders over the long term.” Headlines • In 2003 the Group delivered competitive earnings of $12.7 billion and record cash generation of over $26 billion.
    [Show full text]
  • Bend Or Break How Shell Used an International Investment Treaty to Browbeat Nigeria Into a Lucrative Deal on OPL 245 Oil Field
    Reconstruction Bend or break How Shell used an international investment treaty to browbeat Nigeria into a lucrative deal on OPL 245 oil field April 2019 Executive summary An investment treaty between the Netherlands and Nigeria enabled Shell to put pressure on the Nigerian government to acquire a large offshore oil field called OPL 245 under extremely favourable conditions. Dutch and Italian prosecutors suspect the deal involved bribes. The company’s internal emails show that Shell actively used its investment claim to increase pressure to come to a favourable agreement: Shell was expecting no real gains from winning the arbitration case, but gambled on the fact that Nigeria, afraid of an “embarrassing outcome”, could be persuaded to come to a favourable agreement. Shell’s CEO at the time, Jeroen van der Veer, used the threat of an investment claim in direct communications with the Nigerian president. To keep the pressure on until the very last moment, Shell waited until the deal on OPL 245 was signed before retracting its investment claim. The OPL 245 case demonstrates how, in disputes, Shell is not above making opportunistic use of its complex corporate structure. In various court cases where Shell was being held liable for corporate abuses in Nigeria, Shell was quick to distance itself from its Nigerian subsidiaries. By contrast, in the OPL 245 case, Shell chose to expressly highlight these links in order to secure its corporate interests. Calculated projections indicate that the terms of the agreement on the exploitation of OPL 245 that was reached under the pressure of the investment claim are costing Nigeria billions in lost oil tax income.
    [Show full text]
  • 2009 Annual Report
    ANNUAL REPORT ROYAL DUTCH SHELL PLC ANNUAL REPORT AND FORM 20-F FOR THE YEAR ENDED DECEMBER 31, 2009 OUR BUSINESSES a c d E b J M K F H M l G N CHEMICAL PRODUCTS I USED FOR . Plastics . Coatings . Detergents REFINED OIL PRODUCTS . (Bio) Fuels GAS AND . Lubricants ELECTRICITY . Bitumen . Industrial use . Liquefied . Domestic use petroleum gas UPSTREAM DOWNSTREAM . Exploring for oil and gas a . Refining oil into fuels and lubricants J . Developing fieldsb . Producing petrochemicals K . Producing oil and gas c . Developing biofuels l . Mining oil sands d . Trading M . Extracting bitumen E . Retail sales N F . Liquefying gas by cooling (LNG) . Managing CO2 emissions . Regasifying LNG G . Supply and distribution . Converting gas to liquid products . Business-to-business sales (GTL) H . Generating wind energy I ACE BOWNE OF TORONTO 02/24/2010 17:55 NO MARKS NEXT PCN: 002.00.00.00 -- Page is valid, no graphics BOT U07660 001.00.00.00 12 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form 20-F ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2009 Commission file number 1-32575 Royal Dutch Shell plc (Exact name of registrant as specified in its charter) England and Wales (Jurisdiction of incorporation or organisation) Carel van Bylandtlaan 30, 2596 HR, The Hague, The Netherlands Tel. no: 011 31 70 377 9111 (Address of principal executive offices) Securities registered pursuant to Section 12(b) of the Act Title of Each Class Name of Each Exchange
    [Show full text]
  • 2010 Annual Report
    a c d E b J K M F p H N p M l G 1- 1 1 I 0 + '!#&*# +!&)0# p &"0)&# + O 1 /'# 0 /7"*!)&# 1 1 . &/.) )%/#&"!'/# A/V% +.#&*/# ,&"+'/.0!# 0.+ 10 0$ - $ - 6'+7!')"0 %.!)%#"#)0!)%#+!" *+)#/."8,*&!&+)#.+",+,'4!)& a8,'+")0-+"+'!)%0!# J V))0+')&+-/'#!)%'/7"*!)&# )"0 -"+.*'!)"#+/"*#1& 5''4 b'+,)0V'%# K"+%/*)0,&"+*5.*!'# 4+"94&5+&5"#&+/)'+*9)4)"0 c"+%/*)0+'!)%0!# l'+,)07+-/'# #+/"*#!)%#A/B.+"-"+.45!&4 d))0+'#!)%# m "!%)0 5!13!"V)%)04! #&+'+4"+/" E8&"!*&)07&/.) n /,,' !)%%#&"7/&+) .##+)#!)%5',)0*/#&+."#&+%+&5 FA/- )00!#7 *++')0C6D o&!'#!'# #!.4&5&5"#1)7/'%)0!7&&")"0 G0!#- )06 p/#)##&+7/#)###!'# -/&/"4!''5!!,!"&&+,'! 1 5''# H +)"&)00!#&+'A/%,"+%/*&#C6 D %+)0&#,!"&1 I 6)"!&)04)%)"0 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form 20-F ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2010 Commission file number 1-32575 Royal Dutch Shell plc (Exact name of registrant as specified in its charter) England and Wales (Jurisdiction of incorporation or organisation) Carel van Bylandtlaan 30, 2596 HR, The Hague, The Netherlands Tel. no: 011 31 70 377 9111 (Address of principal executive offices) Securities registered pursuant to Section 12(b) of the Act Title of Each Class Name of Each Exchange on Which Registered American Depositary Shares representing Class A ordinary shares New York Stock Exchange of the issuer of an aggregate nominal value e0.07 each American Depositary Shares representing Class B ordinary shares New York
    [Show full text]