Further to what 'factor' just said.
The Advisory Committee considers that the proposed new compulsory acquisition procedure adequately protects the interests of minority shareholders. Under the provisions, the 90% holder would be required to provide remaining shareholders with at least one independent expert’s opinion on whether the consideration offered represents fair value. That holder would also be required to obtain court approval of that valuation if more than 10% of the remaining shareholders dissented. In practice, this would place an onus on the 90% holder to prove fair value. In addition, objectors could bring evidence in any court proceedings to challenge whether the value is fair. The effect will be that 90% holders would tend to offer a premium value to reduce the chances of having to go to court, or the value offered being open to serious disputation in any court proceedings.
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