ESG 0.00% 86.5¢ eastern star gas limited

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  1. 24,386 Posts.
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    "Notwithstanding compliance with the Corporations Act requirements, scrip-for-scrip roll-over may not be available if, for example, under a scheme of arrangement, an entity offers scrip consideration to a controlling shareholder but cash to minority shareholders, as the "same terms" requirement would not be fulfilled. The "same terms" limb of the scrip-for-scrip roll-over rules would require the same composition of consideration to be offered to all shareholders of a particular class, in order to obtain the roll-over.
    Therefore, in certain takeovers and mergers at present, scrip-for-scrip roll-over may not be available to shareholders who participate in scrip transactions, even though such a takeover or merger complies with the Corporations Act. Accordingly, a "mismatch" exists in the treatment of takeovers and mergers between the scrip-for-scrip roll-over provisions and the Corporations Act.
    Proposed amendments
    Under the proposed changes, shareholders in a target entity may qualify for scrip-for-scrip roll-over without satisfying the "comprehensive coverage" and "same terms" requirements in subsections 124-780(2)(b) and (c) (for companies) or 124-781(2)(b) and (c) (for trusts) of the Tax Act, if:
    the target entity is subject to Chapter 6 of the Corporations Act (eg a listed entity or an unlisted company with more than 50 members); or
    the arrangement is a scheme of arrangement (within the meaning of section 411 of the Corporations Act), that has received Court and member approval."


    Jake,

    If you were to read the part above that was posted in Mattocks's post it appears in that way. Although, it can be a littllconfusing since we don't know if the proposed changes have been approved.

    IMHO, and from past experience, the Company (ESG and STO) should advise/explain to us what the consequences of this SOA towards our shareholdings are.

    To date though, we haven't been informed in one way or another. It could well be in the SOA booklet that is usually circulated around and posted to the shareholders.

    Regards
 
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Currently unlisted public company.

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