Look, I am using the terms loosely, but I get it that you believe from a strict legal perspective that you believe:
1. Dathomir has a substantial holding in AVZ.
2. Dathomir has not confirmed that holding nor has AVZ done a check of its register to understand who holds what.
3. As a result with Tianyi there will be a blocking stake, hence reject the deal.
4. By default you are suggesting Dathomir and Tianyi are related in some way or friends in some way, because that gets your 25%, which means Dathomir currently owns 10% of AVZ (which I suspect is what you are saying). So what is the relationship between these two entities, or CATL?
The point of my post is to confirm 25% blocking stakes can only be through AVZ but the point is evidence and that means finding the smoking gun, if it does exist. Get control of AVZ you get control of Dathcom.
I am not a lawyer, but I understand what you are saying and there is no need to do of this of the shelf squirrels stuff. If you have a smoking gun from Leonard well that email should be available to all here and not some, and infact for those who are really interested Leonard should actually allow you to publish that email on here. Infact, why don't you cut an paste my post and simply say posters on HC would like the response posted.
But my point is still valid - I suspect with all the Chinese interest on the register that control of AVZ is moving to Chinese hands, were they to collude together in a scheme of arrangement (a takeover transaction). Hauyou already owns close to 10% - a 25% blocking stake can be easily arranged between Tianyi and Hauyou and Bin Guo, and a few others IMO, without needing Dathomir (were Dathomir a SH of AVZ). Or as you assume if the deal is not let through, a 25% blocking stake between Hauyou, Bin Guo, Dathomir (since you believe they are over 5% or more) and a few others.
What you are referring to is essentially page 6 of this document (or Section 4) and the comment around >25%. And you view around the Nominee Accounts etc etc
https://data.allens.com.au/pubs/pdf/ma/takeovers-handbook.pdf
So I return to the two questions I asked:
"1. If SHs vote down the proposal on 3 January what do you think are the consequences (noting AVZ will need a CR sometime in future)?
2. Relating to 1, what are the consequences for AVZ if you can't get a European/USA investor at that time and hence need to rely on the Chinese in probably a weakened position, and one where they are annoyed around saving face?"
Despite your comments the other day happy to engage you on an open forum, not via email, because this is the debate you are wanting. I have already said I will abstain.
All IMO
- Forums
- ASX - By Stock
- AVZ
- Ann: Notice of General Meeting/Proxy Form
Ann: Notice of General Meeting/Proxy Form, page-435
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