The regulator has been “astonished to discover that the deal is very different to what was presented [to it] initially”, one source said.
The regulator did not know the investors were being provided with money from Anglo to purchase the shares, or that the collateral was such that the money may now never be recovered.
The €300 million lent to the 10 individuals may constitute a loss to the taxpayer following the nationalisation of Anglo Irish Bank last month.
It has also been learned that a further 15 per cent stake in the bank bought by the Quinn family, was also financed using the bank’s own money. This means that a quarter of the bank’s shares were purchased in private deals last July, using the bank’s own money.
The bank used a London investment bank, Morgan Stanley, to process the deal with the 10 investors. Legal advice on the deal and on its compliance with market abuse rules and company law was sourced by the bank. Legal advice on the deal was forwarded to the regulator by the bank, but the regulator is now forming the view that the deal that occurred was different to the one that was presented to it.
The names of the investors were not disclosed to the regulator as their shareholdings fell below the disclosure threshold levels. They are believed to be major customers of the bank.