Frequently Asked Questions
Q. What is this case about?
A. A complaint was filed on December 23, 2003 by the United States Securities and Exchange Commission (SEC) alleging that Vivendi Universal, S.A. and several co-defendants reported materially false and misleading information about its financial condition between December 2000 and July 2002.
Q. Why did I receive a Notice Packet?
A. You received a Notice Packet because records indicate you bought Vivendi ordinary shares and/or American Depository Receipts/Shares (ADRs/ADSs). The packet you received is designed to notify you of a settlement that has been reached with Vivendi Universal, S.A. and to inform you that you may be able to receive payment from the settlement fund.
Q. I received a Notice Packet. Can you please provide me with a list of my transaction history with Vivendi?
A. We do not have the information on your transaction history with Vivendi. We have only been notified that you may be eligible to receive payment from the settlement fund based on records gathered through various transfer agents. In order to obtain this information, please contact your bank, broker or financial institution for records documenting your investments in Vivendi. Acceptable forms of supporting documentation include:
1) broker confirmation slips that list the security name, name of the beneficial owner, type of transaction, the date of the transaction, the number of shares, the price per share and the total amount of the transaction, OR
2) monthly statements that detail all account activity within a month.
Q. How do I know if I am an Eligible Claimant?
A. If you bought Vivendi ordinary shares and/or ADRs/ADSs between December 1, 2000 through and including July 2, 2002, regardless of where you live or where those shares were purchased, you are an Eligible Claimant.
Q. What types of securities are eligible?
A. Ordinary shares (common stock), American Depository Receipts (ADRs) and American Depository Shares (ADSs) are the securities covered under this settlement.
Q. What is an ADR? What is an ADS?
A. ADR stands for American Depository Receipt, which is a negotiable certificate issued by a U.S. bank representing a specified number of shares (or one share) in a foreign stock that is traded on a U.S. Exchange. In this case, one ADR share of Vivendi is equal to one Ordinary Share of Vivendi, and was traded on the New York Stock Exchange under the ticker symbol "V". ADS stands for American Depository Shares, which are similar to ADRs.
ADRs are denominated in U.S. dollars, with the underlying security held by a U.S financial institution overseas, and help to reduce the administration and duty costs on each transaction.
Q. What is the amount of the settlement fund?
A. The parties have agreed to a gross settlement fund consisting of approximately $51 Million (plus interest earned less costs, expenses and taxes).
Q. What do I need to do to participate in the settlement?
A. If you believe you are entitled to participate in the settlement, you must complete and submit a Proof of Claim form, along with the necessary supporting documentation to the Distribution Agent. There are two ways to do this: either by completing the Proof of Claim form mailed to you along with the Notice Packet, or filing online at this website, by
clicking here. In either case, all supporting documentation substantiating your claim must be mailed to the Distribution Agent and postmarked no later than June 12, 2007.
Q. What do I need to submit with my claim form?
A. You must document each transaction that you include on your claim form. Acceptable forms of supporting documentation include:
A. broker confirmation slips that list the security name, name of the beneficial owner, type of transaction, the date of the transaction, the number of shares, the price per share and the total amount of the transaction, OR
B. monthly statements that detail all account activity within a month.
Q. How much money will I receive if I file a claim form?
A. Because the amount of money eligible claimants may receive depends on a variety of factors, including the number of valid claim forms that are submitted, the amount of Vivendi ordinary shares or ADRs/ADSs that you purchased and when you purchased and sold your securities, it is not possible to give eligible claimants exact settlement amounts at this time.
However, the Distribution Plan Notice provides a formula explaining how your claim will be calculated.
Q. How will my loss be calculated?
A. The Distribution Plan Notice provides a formula for how the net settlement fund will be allocated. This is what will be used by the Distribution Agent to calculate individual payments. For information about the Distribution Plan Notice, please click here.
Q. When will I receive my payment?
A. If your claim is deemed eligible and subject to Court approval, any payment you are entitled to will be mailed approximately six to nine months after the filing deadline, which is June 12, 2007.
Q. What do I do if I don't want to be a part of this settlement?
A. If you don't want to participate in the settlement, do not complete and submit a Proof of Claim form. You are under no obligation to participate in the Vivendi SEC Settlement.
Q. What happens if I don't do anything?
A. If you do nothing, you will not be eligible to receive a payment from the settlement fund.
Q. Who is the Distribution Agent?
A. The Court has appointed Jeffrey B. Sklaroff, Esq. of the law firm Greenberg Traurig, LLP to serve as the Distribution Agent.
Q. Where can I obtain additional information about the litigation?
A. You may obtain additional information about the litigation by accessing the settlement website: www.vivendisecsettlement.com or calling the Fund's toll-free hotline at 1(800) 295-3152 in the United States or 00 800 747 37473 outside of the United States.
Q. Where can I obtain a Distribution Plan Notice and Proof of Claim Form?
A. You can obtain a Distribution Plan Notice and Proof of Claim Form by either downloading all documents from this website or we can mail you these documents if you provide your name and address by clicking here.
Q. When must I submit my Proof of Claim Form?
A. You must submit your Proof of Claim form to the distribution agent no later than June 12, 2007.
Q. Can I submit the Proof of Claim Form in my native language?
A. Yes, you may submit your Proof of Claim from in your native language. You can also download all necessary documents in both English and your native language. If possible, however, we would prefer that you complete the English version claim form for efficient processing. If you prefer we can mail you a package if you provide us with your current address.
Q. Do I have to give my claim form to my broker (Financial Advisor) or can I send it in?
A. If you are not filing electronically, you must mail your claim form directly to the following address:
Vivendi SEC Settlement Fund Administration
P.O. Box 9000 #6371
Merrick, NY 11566-9000
Q. If I have further questions, can I ask via telephone or email?
A. If you have questions which are not answered by this website, please contact us at the telephone number that corresponds to your country. You can also reach us online at Questions@vivendisecsettlement.com.
Q. How will I know when my Proof of Claim form has been received by the Distribution Agent?
A. A short while after receipt of your claim form, we will mail you a postcard acknowledging receipt. If you are filing online, we will send you email notification acknowledging receipt.
Please note that as we process claims, we will also notify you if your claim is deficient or ineligible, via the methods used above. Steps needed to cure your claim will be explained to you should the need arise.
Q. If we are a financial institution that served as an advisor to numerous clients, can we file claim forms on their behalf? Can we group all our clients together using this method?
A. Yes, you may file on behalf of all your clients, provided you are authorized to do so and provide us with that authorization. If you would like to file these claims together, you should file electronically. You may file electronically by clicking here.
Please note you can also file your claim online by clicking here and completing the web form.