DMC design milk co limited

Ann: Appointment of voluntary administrator , page-77

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    Have sent this to ASIC (newdelhi, tks for your input. Cheers):

    "I have at present xx,000,000 shares in the ASX listed company Intermoco (ASX:INT which was placed into voluntary administration on July 3, 2013 (ASX announcement of same date).

    My complaint is mainly about a recent Rights Issue which I believe mislead investors in the following two key areas:

    First, as per INT’s announcement to ASX dated March 13, 2013:
    “Directors of INT have advised that they will take up their FULL entitlement under the Rights Issue.
    FACT: An INT Director, as per ASX intimation dated May 30, 2013 had 38,484,850 shares in his name but did not take up a single share in the rights issue. He resigned as director on May 30, 2013, but only AFTER the rights issue was completed (May 14, 2013).
    COMMENT: With such a major and substantial holding, the shareholders should have been informed that the said director would not take up his entitlement. One of the main factors shareholders base their decisions during a rights issue is if ALL directors are taking part in the issue. I believe I have been terribly mislead.
    Secondly, in their notice to ASX dated March 26, 2013 INT announced:
    The Copulos Group has agreed to support the offer so that Intermoco (the company) raises at least $1.5 million, including the recent placement under the mandate to sophisticated investors and issue of convertible notes.
    FACT: Placement to sophisticated as referred above of $400,000 was completed (ASX announcement March 12, 2013). Balance $100,000 placement to sophisticated investors as of date is still pending.
    Convertible note of 250,000 had been issued.(ASX announcement May 14, 2013).
    $246,221 was collected in the rights issue (ASX announcement dated May 14, 2013).
    That left $604,000 which was due from Copulos Group (as stated in ASX announcement dated May 14, 2103, and previously committed to in ASX announcement dated March 26, 2013).
    My contention is that the terms of the Rights issue were flouted, flawed and fraudulent and that shareholders who participated in this particular Rights Issue should be refunded their monies.
    I also would like ASIC to probe whether the Board of Directors of the company had prior information to the actual state of affairs of the company and were lax in their duty of continuous disclosures to shareholders.
    The Copulos Group’s holding in INT is reportedly at 990,694,694 shares (as at March 12, 2013, or about 20%)

    I would like ASIC to also investigate the conduct of the Copulos Group about the Rights Issue and urgently issue appropriate directions to the Voluntary Administrator where appropriate."
 
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