evidently there are 2 resolutions:
1.. change MPO Constitution
2. resolve that directors effect a capital return of 21.75c p/s to s/h.
am not certain here but:
1. to change Constitution of MPO, isn't that a Special Resolution??? if so needs 75% of s/h in favour?? (But note I may be wrong here)
2. the resolution to resolve directors to return 21.75c capital p/s to s/h, - I am pretty sure that even IF s/h vote in favour of that resolution, the directors are not forced to effect that capital return !!???
it achieves nothing except to show the Board that s/h might be overwhelmingly in favour.
If the board refuses to act on the resolution if approved - there is nothing KBC can do except to call a S249D meeting and remove the directors?
again, I am no lawyer, but I suspect this is the case.
am happy to be corrected.
Good on KBC for having a go!
I am surprised it was not done ages ago.
Note that KBC group, and Belmont etc, are not moving to replace the directors, to achieve their aims !?
Now that is worth contemplating to try to understand exactly WHY.
Also, out of interest, note the missive about the adequacy of the remaining cash held by MPO after the capital return.
I will bet you that MPO replies that leaving only 4.7c p/s to cover litigation, admin etc, will be inadequate. I will bet that will be their claim. Got no idea of what the potential damages in litigation could be.
And if I were the Plaintiffs, I would get a court order to stop MPO from distributing the cash !!!
watch out
and I reckon the directors of MPO could get into strife if they distributed 21.75c p/s, then MPO loses case, and then MPO is left with inadequate funds to pay damages - now that could leave directors liable?
that will be on their minds.
maybe that answers some of the questions?
interesting stuff.
good luck
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