CORPORATIONS ACT 2001 - SECT 661E
Holder may apply to Court to stop acquisition
(1) The holder of securities covered by a compulsory acquisition notice under section 661B may apply to the Court for an order that the securities not be compulsorily acquired under subsection 661A(1).
The application must be made before the later of:
(a) the end of 1 month after the holder is given notice under section 661B; or
(b) the end of 14 days after the holder is given a statement under section 661D if the holder asks for it.
(2) The Court may order that the securities not be compulsorily acquired under subsection 661A(1) only if the Court is satisfied that the consideration is not fair value for the securities.
Note: See section 667C on valuation.
(3) If the Court makes an order under this section in relation to an acquisition of securities, the order applies to all holders who have applications to the Court pending for an order under this section in relation to the acquisition.
So with compulsory acquisition notice at 90% the remaining shareholders can still object to the consideration being offered.
If the Court does not think the consideration is fair, then it can stop the compulsory acquisition.
That is the only reason the court can stop the compulsory acquisition.I don't know what happened with CIM but the corporations code 2001 is quite clear about compulsory acquisition - it is 90%.
Post the CIM documents if you want, I would be interested to see them.
Here, go and look for yourself.
http://www5.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s664c.html
CORPORATIONS ACT 2001 - SECT 664CCompulsory acquisition notice
Compulsory acquisition notice
(1) To compulsorily acquire securities under section 664A, the 90% holder must prepare a notice in the prescribed form that:
If the section been amended since 2001, then there will be a note on the bottom about that change.
Please stop saying it is 80% - it is not.
This didn't change last year, or the year before, or the year before that.
It was 90% in the 80's.
Regardless, of the 90% - from the comments here on HC this seems unattainable if the people here do as they have clearly stated and continue to hold.
Not financial advice - DYOR
- Forums
- ASX - By Stock
- NWE
- Ann: Change in substantial holding from MIN
Ann: Change in substantial holding from MIN, page-49
-
- There are more pages in this discussion • 58 more messages in this thread...
You’re viewing a single post only. To view the entire thread just sign in or Join Now (FREE)
Featured News
Add NWE (ASX) to my watchlist
Currently unlisted public company.
The Watchlist
LPM
LITHIUM PLUS MINERALS LTD.
Simon Kidston, Non--Executive Director
Simon Kidston
Non--Executive Director
SPONSORED BY The Market Online