Am I reading this right? Released 15 minutes ago... Our cornerstone investor has moved significantly above the 19.9% level. At face value this is in contravention of Section 606 of the relevant takeover provisions, which "prohibits the acquisition of a relevant interest in voting shares if, because of that transaction, a person's voting power in the company:
increases from under 20% to over 20% "
but there are exceptions, and I wonder whether Guangdong are trying to exploit the provision that a company may exceed the 20% rule if they do so at a rate of less than 3% per 6 months, the so-called 'creeping acquisition' mechanism.
The creeping takeover mechanism would fit the chinese way of doing things brilliantly...you just wait, and you keep taking up 3%, and eventually you own the whole damn company. Is there some limit to this? I've only had a quick peek at Australian corporate takeover law, and this provision seems very relevant to me. If there were a hostile takeover underway I think we would have seen a lot more share price manipulation.
But at what point/% ownership will Guangdong seek more positions on the board?
Add to My Watchlist
What is My Watchlist?