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Companhia Paranaense de Energia Sponsored ADR (ELPC) Risk Analysis

Public companies are required to disclose risks that can affect the business and impact the stock. These disclosures are known as “Risk Factors”. Companies disclose these risks in their yearly (Form 10-K), quarterly earnings (Form 10-Q), or “foreign private issuer” reports (Form 20-F). Risk factors show the challenges a company faces. Investors can consider the worst-case scenarios before making an investment. TipRanks’ Risk Analysis categorizes risks based on proprietary classification algorithms and machine learning. Companhia Paranaense de Energia Sponsored ADR disclosed 49 risk factors in its most recent earnings report. Companhia Paranaense de Energia Sponsored ADR reported the most risks in the “Finance & Corporate” category.

Risk Overview Q4, 2020

Source: the company's latest filing for the period ended Dec 31, 2020, filed Apr 20, 2021

Risk Distribution
49Risks
Sector Avg.Finance & CorporateTech & InnovationLegal & RegulatoryProductionAbility to SellMacro & Political
Finance & Corporate - Financial and accounting risks. Risks related to the execution of corporate activity and strategy

Risk Change Over Time

No filing history is available.

Risks removedRisks addedRisks changedCompanhia Paranaense de Energia Sponsored ADR Risk Factors
New Risk (5)
  • Share Price & Shareholder Rights - Risk 1
    We are still the controlling shareholders of a company that operates a telecommunications business (Copel Telecomunicações S.A.) and we are consequently exposed to the risks inherent to this sector.

    We control a business in the telecommunications sector under an authorization granted by the National Telecommunications Agency (Agência Nacional de Telecomunicações – "ANATEL"). This business provides telecommunications services through the use of fiber optics. It also provides a number of telecommunications services to other companies of the Copel group. On November 9, 2020, Copel Telecom's divestment auction was held at B3 S.A. – Brasil , Bolsa, Balcão. The winning bid was R$ 2.4 billion (equity value). On January 14, 2021, a Share Purchase Agreement for the sale of 100% of Copel Telecom was entered into with Bordeaux Multi-Strategic Investment Fund – Bordeaux Fundo de Investimentos em Participações Multiestratégia, the winning bidder of the auction. Certain conditions precedent, such as approval by ANATEL and the Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica – "CADE") have not yet been concluded. Thus, the process of divestment in the control of the subsidiary Copel Telecomunicações SA is still ongoing, and, if the conditions precedent are not completed, the transaction may not close. Failure to complete such sale may force us to keep the operations in the telecommunications sector longer than expected. Businesses in the telecommunications sector are subject to a broad set of risks inherent to its operation, such as: - Regulatory instability,- Increase in competition,- Technological changes,- Capacity of financing our expansion,- Failures in technological systems and information security,- Performance of outsourced service providers,- Exchange rate fluctuations,- Variation in operating costs,- Operational failures,- Quality in service.

  • Debt & Financing - Risk 2
    We are subject to a counterparty's credit risk in agreements entered into with Copel Comercialização (Copel Mercado Livre) and in case of default, we may have to sell or purchase energy at a different base price.

    Copel Comercialização is subject to a counterparty's credit risk. When Copel Comercialização sells energy, the counterparties to power purchase agreements may default on their contractual obligations, which may cause Copel Comercialização to sell energy at a different base price. In cases where Copel purchases energy, whether from energy generation projects, in operation or under construction, or even from energy trading, the selling counterparties may also default on the relevant contracts, and, consequently, Copel Comercialização may have to buy energy at a different base price and be subject to regulatory penalties imposed by CCEE due to insufficient contractual guarantees. Even though the Company performs credit analyses in accordance with market standards and requires its counterparties to provide guarantees in connection with the power purchase and sale agreements, we cannot guarantee that our counterparties will not fail to comply with their payment obligation or with their obligation to deliver energy to Copel, as the case may be, which may adversely affect our results.

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Risk Highlights Q4, 2020

Main Risk Category
Finance & Corporate
With 15 Risks
Number of Disclosed Risks
49
-13
From last report
S&P 500 Average: 32
Recent Changes
5Risks added
18Risks removed
9Risks changed
Since Dec 2020
Number of Risk Changed
9
+6
From last report
S&P 500 Average: 1

Risk Word Cloud

we may acquire other companies in the electric sector or new energy concessions, as we already did in the past, which may increase our financial leverage and adversely affect our consolidated performance.adversely affect our consolidated performancewe are subject to the risk of exchange rate variation if we start to perform energy import business, as well as if we perform business involving natural gasrisk of exchange rate variationwe generate a portion of our operating revenues from free customers who may seek other energy suppliers upon the expiration of their contracts with us.portion of our operating revenueswe are subject to comprehensive regulation of our business, which fundamentally affects our financial performance.fundamentally affects our financial performancewe cannot assure the speed of our innovation capacity and our responses in view of the changes the energy sector has been going through as a result of technology advances.speed of our innovation capacityadss holders may not have all the rights of our shareholders, and may be unable to exercise voting rights or preemptive rights relating to the shares underlying their adss.unable to exercise voting rightswe are subject to the risk of exchange rate variation if we start to perform energy import business, as well as if we perform business involving natural gasperform business involving natural gaswe are subject to risks related to social and environmental impacts of our projects.environmental impacts of our projectswe are strictly liable for any damages resulting from inadequate provision of electricity services and our insurance policies may not fully cover such damages.inadequate provision of electricity servicesinflation and governmental measures to curb inflation may contribute to economic uncertainty in brazil, and could reduce our margins and the market price of the class b shares and adss.governmental measures to curb inflation

Risk Factors Full Breakdown - Total Risks 49

Share Price & Shareholder Rights10 | 20.4%
  • Share Price & Shareholder Rights - Risk 1
    The concession agreement of our controlled company Compagas is under discussion with the granting authority

    Compagas has entered into a concession agreement with the State of Paraná, as authority, pursuant to which the concession shall expire on July 6, 2024. The purpose of this concession is to provide piped gas distribution services and other related activities, to all segments of the consumer market, either as raw material or for the purpose of power generation or other uses made possible by technological advances. The gas concession agreement is part of the so called "bifurcated model", where part of the investments made by the concessionaire is paid by the users of the public service and the remaining part is indemnified by the granting authority, the State of Paraná, at the end of the concession. On December 7, 2017, the State of Paraná enacted Complementary Law No. 205/2017, setting forth a new interpretation regarding the expiration date of the concession, leading to the understanding that the new expiration date was January 20, 2019. Notwithstanding the new expiration date provided by the state law, this concession has not been subject to neither an extension nor a new bidding process. Pursuant to applicable law, Compagas, as the current concessionaire, may continue to operate the concession until a new concessionaire is appointed. Further, Complementary Law No. 227/2020, amended Complementary Law No. 205/2017 to revoke the provision on the expiration date of the concession as January 20, 2019. Although the current Complementary Law 227/2020 ensures the concession expires on July 6, 2024, as originally foreseen in the concession agreement, and with which we agree, there is no guarantee that a future legislative change will change this scenario again, forcing us to to again discuss this issue in court. In the event of non-extension of the concession, even if Compagas is entitled to compensation for the investments made in the last 10 years prior to the end of the concession, the financial condition and results of operations of our controlled company may be adversely affected. For more information see Note 2.1.1 to our audited consolidated financial statements.

  • Share Price & Shareholder Rights - Risk 2
    We are the controlling shareholders of a company that operates a gas distribution business (Compagas) and we are consequently exposed to risks inherent to this sector.

    We control a business in the gas distribution sector, which is operated by Companhia Paranaense de Gas – Compagas. This company is entitled to exclusive rights with respect to the supply of piped gas in the State of Paraná. The clients of this business are Thermoelectric Plants, cogeneration plants, gas stations, other companies and residences. Businesses in the gas distribution sector are subject to a broad set of risks inherent to its operation, including among the main ones: - Regulatory instability,- Shortage of natural gas,- Depending on a single supplier in Brazil,- Capacity of financing expansion,- Operational failures and accidents in distribution,- Performance of outsourced service providers,- Alternative energy sources,- Quality in service. As a result of these uncertainties, there is no guarantee that the purposes of our gas distribution business will be achieved, which may have an adverse effect on our results of operations and our business.

  • Share Price & Shareholder Rights - Risk 3
    The relative volatility and illiquidity of the Brazilian securities markets may impair your ability to sell the Class B Shares underlying the ADSs.

    The Brazilian securities markets are substantially smaller, less liquid, more concentrated and more volatile than major securities markets in the United States and certain other jurisdictions outside Brazil, and are not as highly regulated or supervised as some of these other markets. The illiquidity and relatively small market capitalization of the Brazilian equity markets may cause the market price of securities of Brazilian companies, including our ADSs and Class B Shares, to fluctuate in both the domestic and international markets, and may substantially limit your ability to sell the Class B Shares underlying your ADSs at a price and time at which you wish to do so.

  • Share Price & Shareholder Rights - Risk 4
    If you exchange your ADSs for Class B Shares, you risk increased taxes and the inability to remit foreign currency abroad.

    Brazilian law requires that parties obtain a registration before the Brazilian Central Bank in order to be allowed to remit foreign currencies, including U.S. dollars, abroad. For the ADSs, the Brazilian custodian for the Class B Shares has obtained the necessary certificate from the Brazilian Central Bank for the payment of dividends or other cash distributions relating to the preferred shares or upon the disposition of the preferred shares. If you exchange your ADSs for the underlying Class B Shares, however, you must obtain your own certificate of registration or register in accordance with Brazilian Central Bank and CVM rules in order to obtain and remit U.S. dollars abroad upon the disposition of the Class B Shares or distributions relating to the preferred shares. If you do not obtain a certificate of registration, you may not be able to remit U.S. dollars or other currencies abroad and may be subject to less favorable tax treatment on gains with respect to the preferred shares. Pursuant to Brazilian Central Bank rules, obtaining this registration requires exchange transactions, which are subject to taxes in Brazil. For more information, see "Item 10. Additional Information-Taxation-Brazilian Tax Considerations-Other Brazilian Taxes". If you attempt to obtain your own registration, you may incur expenses or suffer delays in the application process, which could delay your ability to receive dividends or distributions relating to the preferred shares or the return of your capital in a timely manner. The custodian's registration before the Brazilian Central Bank and any certificate of foreign capital registration you obtain may be affected by future legislative changes. Additional restrictions may be imposed in the future on the disposition of the underlying Class B Shares or the repatriation of the proceeds from disposition.

  • Share Price & Shareholder Rights - Risk 5
    Judgments of Brazilian courts with respect to our shares will be payable only in reais.

    If proceedings are brought in the courts of Brazil seeking to enforce our obligations in respect of our shares, we will not be required to discharge any such obligations in a currency other than reais (R$). Under Brazilian exchange control limitations, an obligation in Brazil to pay amounts denominated in a currency other than reais (R$) may only be satisfied in Brazilian currency at the exchange rate, as determined by the Brazilian Central Bank, in effect on the date the judgment is obtained, and any such amounts are then adjusted to reflect exchange rate variations through the effective payment date. The then prevailing exchange rate may not afford non Brazilian investors with full compensation for any claim arising out of, or related to, our obligations under our shares.

  • Share Price & Shareholder Rights - Risk 6Changed
    We are still the controlling shareholders of a company that operates a telecommunications business (Copel Telecomunicações S.A.) and we are consequently exposed to the risks inherent to this sector.

    We control a business in the telecommunications sector under an authorization granted by the National Telecommunications Agency (Agência Nacional de Telecomunicações – "ANATEL"). This business provides telecommunications services through the use of fiber optics. It also provides a number of telecommunications services to other companies of the Copel group. On November 9, 2020, Copel Telecom's divestment auction was held at B3 S.A. – Brasil , Bolsa, Balcão. The winning bid was R$ 2.4 billion (equity value). On January 14, 2021, a Share Purchase Agreement for the sale of 100% of Copel Telecom was entered into with Bordeaux Multi-Strategic Investment Fund – Bordeaux Fundo de Investimentos em Participações Multiestratégia, the winning bidder of the auction. Certain conditions precedent, such as approval by ANATEL and the Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica – "CADE") have not yet been concluded. Thus, the process of divestment in the control of the subsidiary Copel Telecomunicações SA is still ongoing, and, if the conditions precedent are not completed, the transaction may not close. Failure to complete such sale may force us to keep the operations in the telecommunications sector longer than expected. Businesses in the telecommunications sector are subject to a broad set of risks inherent to its operation, such as: - Regulatory instability,- Increase in competition,- Technological changes,- Capacity of financing our expansion,- Failures in technological systems and information security,- Performance of outsourced service providers,- Exchange rate fluctuations,- Variation in operating costs,- Operational failures,- Quality in service.

  • Share Price & Shareholder Rights - Risk 7Added
    ADSs holders may not have all the rights of our shareholders, and may be unable to exercise voting rights or preemptive rights relating to the shares underlying their ADSs.

    Holders of the Class B Shares, and thus of the ADSs may not have the same rights that are attributed to our shareholders by Brazilian law or our bylaws, and the rights of ADS holders may be subject to certain limitations provided in the deposit agreement or by the securities intermediaries through which ADS holders hold their securities. –Although ADS holders are permitted to vote at shareholders' meetings, there are procedural steps involved in the process that create practical limitations on the ability of ADS holders to vote. In accordance with the Deposit Agreement, we will provide the notice to the Depositary, which will in turn, as soon as practicable thereafter, mail to holders of ADSs the notice of such meeting and a statement as to the manner in which instructions may be given by holders. To exercise their voting rights, ADS holders must then instruct the Depositary how to vote their shares. Because of this extra procedural step involving the Depositary, the process for exercising voting rights will take longer for ADS holders than for direct holders of Class B Shares. ADSs for which the Depositary does not receive timely voting instructions will not be voted. –The holders of the Class B Shares may have fewer and less well-defined rights to protect your interests in connection with actions taken by our Board of Directors or the holders of Common Shares than under the laws of the United States and certain other jurisdictions outside Brazil. Although Brazilian law imposes restrictions on insider trading and price manipulation, the Brazilian securities markets are not as highly supervised as the United States securities markets or markets in certain other jurisdictions outside Brazil. –The ability of ADS holders to exercise preemptive rights is not assured, particularly if the applicable law in the holder's jurisdiction (for example, the Securities Act in the United States) requires that either a registration statement be effective or an exemption from registration be available with respect to those rights, as is in the case in the United States. We are not obligated to extend the offer of preemptive rights to holders of ADSs, to file a registration statement in the United States, and we cannot assure you that we will file any such registration statement. Accordingly, you may receive only the net proceeds from the sale of your preemptive rights by the Depositary or, if the preemptive rights cannot be sold, they will be allowed to lapse. If you are unable to participate in rights offerings, your holdings may also be diluted. –ADS holders may not receive dividend payments if we incur net losses or our net profit does not reach certain levels. Under Brazilian Corporate Law and our by-laws, we must pay our shareholders a mandatory distribution equal to at least 25% of our adjusted net profit for the preceding fiscal year, with holders of preferred shares having priority of payment. According to our bylaws, Class A Shares and Class B Shares are entitled to receive annual, non-cumulative minimum dividends, which dividend per share shall be at least 10% higher than the dividends per share paid to the holders of the Common Shares. Class A Shares have a dividend priority over the Class B Shares to receive a minimum dividend equal to 10% of the total share capital represented by the Class A Shares outstanding at the end of the fiscal year in respect of which the dividends have been declared, and Class B Shares have a dividend priority over the Common Shares. In the event that we are unable to declare dividends, our management may nevertheless decide to defer payment of dividends or, in limited circumstances, not to declare dividends at all. We cannot make dividend payments from our legal reserve and capital reserve accounts.

  • Share Price & Shareholder Rights - Risk 8
    Holders of our ADSs may be unable to enforce judgments against our directors or officers.

    All of our directors and officers named in this annual report reside in Brazil. Substantially all of our assets, as well as the assets of these persons, are located in Brazil. As a result, it may not be possible for holders of our ADSs to effect service of process upon us or our directors and officers within the United States or other jurisdictions outside Brazil, attach their assets or enforce against us or our directors and officers judgments obtained in the United States or other jurisdictions outside of Brazil. Because judgments of U.S. courts for civil liabilities based upon the U.S. federal securities laws may only be enforced in Brazil if certain requirements are met, holders of ADSs may face greater difficulties in protecting their interest in actions against us or our directors and officers than would shareholders of a corporation incorporated in a state or other jurisdiction of the United States.

  • Share Price & Shareholder Rights - Risk 9
    Future equity issuances may dilute the holdings of current holders of our shares or ADSs and could materially affect the market price for those securities.

    We may in the future decide to offer additional equity to raise capital or for other purposes. Any such future equity offering could reduce the proportionate ownership and interests of holders of our shares and ADSs, as well as our earnings and net equity value per share or ADS. Any offering of shares and ADSs by us or our main shareholders, or a perception that any such offering is imminent, could have an adverse effect on the market price of these securities.

  • Share Price & Shareholder Rights - Risk 10
    Sales of a substantial number of shares, or the perception that such sales might take place, could adversely affect the prevailing market price of our shares or ADSs.

    As a consequence of the issuance of new shares, sales of shares by existing share investors, or the perception that such a sale might occur, the market price of our shares and, by extension, of the ADSs may decrease significantly.

See a full breakdown of risk according to category and subcategory. The list starts with the category with the most risk. Click on subcategories to read relevant extracts from the most recent report.

FAQ

What are “Risk Factors”?
Risk factors are any situations or occurrences that could make investing in a company risky. The Securities and Exchange Commission (SEC) requires that publicly traded companies disclose their most significant risk factors. This is so that potential investors can consider any risks before they make an investment. They also offer companies protection, as a company can use risk factors as liability protection. This could happen if a company underperforms and investors take legal action as a result. It is worth noting that smaller companies, that is those with a public float of under $75 million on the last business day, do not have to include risk factors in their 10-K and 10-Q forms, although some may choose to do so.
How do companies disclose their risk factors?
Publicly traded companies initially disclose their risk factors to the SEC through their S-1 filings as part of the IPO process. Additionally, companies must provide a complete list of risk factors in their Annual Reports (Form 10-K) or (Form 20-F) for “foreign private issuers”. Quarterly Reports also include a section on risk factors (Form 10-Q) where companies are only required to update any changes since the previous report. According to the SEC, risk factors should be reported concisely, logically and in “plain English” so investors can understand them.
How can I use TipRanks risk factors in my stock research?
Use the Risk Factors tab to get data about the risk factors of any company in which you are considering investing. You can easily see the most significant risks a company is facing. Additionally, you can find out which risk factors a company has added, removed or adjusted since its previous disclosure. You can also see how a company’s risk factors compare to others in its sector. Without reading company reports or participating in conference calls, you would most likely not have access to this sort of information, which is usually not included in press releases or other public announcements. A simplified analysis of risk factors is unique to TipRanks.
What are all the risk factor categories?
TipRanks has identified 6 major categories of risk factors and a number of subcategories for each. You can see how these categories are broken down in the list below. 1. Financial & Corporate Accounting & Financial Operations - risks related to accounting loss, value of intangible assets, financial statements, value of intangible assets, financial reporting, estimates, guidance, company profitability, dividends, fluctuating results. Share Price & Shareholder Rights – risks related to things that impact share prices and the rights of shareholders, including analyst ratings, major shareholder activity, trade volatility, liquidity of shares, anti-takeover provisions, international listing, dual listing. Debt & Financing – risks related to debt, funding, financing and interest rates, financial investments. Corporate Activity and Growth – risks related to restructuring, M&As, joint ventures, execution of corporate strategy, strategic alliances. 2. Legal & Regulatory Litigation and Legal Liabilities – risks related to litigation/ lawsuits against the company. Regulation – risks related to compliance, GDPR, and new legislation. Environmental / Social – risks related to environmental regulation and to data privacy. Taxation & Government Incentives – risks related to taxation and changes in government incentives. 3. Production Costs – risks related to costs of production including commodity prices, future contracts, inventory. Supply Chain – risks related to the company’s suppliers. Manufacturing – risks related to the company’s manufacturing process including product quality and product recalls. Human Capital – risks related to recruitment, training and retention of key employees, employee relationships & unions labor disputes, pension, and post retirement benefits, medical, health and welfare benefits, employee misconduct, employee litigation. 4. Technology & Innovation Innovation / R&D – risks related to innovation and new product development. Technology – risks related to the company’s reliance on technology. Cyber Security – risks related to securing the company’s digital assets and from cyber attacks. Trade Secrets & Patents – risks related to the company’s ability to protect its intellectual property and to infringement claims against the company as well as piracy and unlicensed copying. 5. Ability to Sell Demand – risks related to the demand of the company’s goods and services including seasonality, reliance on key customers. Competition – risks related to the company’s competition including substitutes. Sales & Marketing – risks related to sales, marketing, and distribution channels, pricing, and market penetration. Brand & Reputation – risks related to the company’s brand and reputation. 6. Macro & Political Economy & Political Environment – risks related to changes in economic and political conditions. Natural and Human Disruptions – risks related to catastrophes, floods, storms, terror, earthquakes, coronavirus pandemic/COVID-19. International Operations – risks related to the global nature of the company. Capital Markets – risks related to exchange rates and trade, cryptocurrency.