Empire Oil & Gas NL (“EGO”) ASX acknowledges receipt of your online report and email daGM Complaint

My Complaint response


Empire Oil & Gas NL (“EGO”
ASX acknowledges receipt of your online report and email dated 31 October 2018 raising concerns about the conduct of Trident Capital in respect of a general meeting held in June 2018 to approve resolutions associated with a deed of company arrangement transaction (those inter-conditional resolutions failed to be passed by shareholders following the correct application of a voting exclusion statement in respect of Resolution 3) and a general meeting proposed to be held in December 2018 to approve the same resolutions.
ASX would like to thank you for making the time and effort to bring these matters to its attention. These types of communications are an important source of intelligence for ASX in performing its role of monitoring and enforcing compliance with the ASX Listing Rules.
ASX is examining the matters you have raised. We expect to be in a position to respond in more detail to your correspondence shortly, and certainly ahead of the general meeting of shareholders proposed to be held on 7 December 2018.
In the meantime, ASX makes the following comments.  ASX took action to ensure that the voting exclusion statement was correctly applied for Resolution 3, resulting in that and the inter-conditional resolutions failing to have been passed.  Despite the failure of those resolutions to have been passed, Trident Capital remains the DOCA proponent and with the consent of the Administrators of EGO is entitled to call and hold another general meeting of shareholders – concerns on this matter are more appropriately made to the Australian Securities and Investments Commission as these matters are regulated under the Corporations Act 2001 (Cth).
More information about the types of matters that fall within ASX’s jurisdiction and those that fall within ASIC’s jurisdiction can be found it on our website at:
http://www.asx.com.au/documents/about/corporations-act-vs-listing-rules-matters.pdf   
You can access the ASIC complaint service at:
http://www.asic.gov.au/about-asic/contact-us/how-to-complain/report-misconduct-to-asic/   ASX is aware of the recent off-market transfer of EGO shares held by Mineral Resources Limited to Austin 4 Pty Ltd, and is considering the application of ASX’s voting exclusion requirements to those shares for the meeting to be held on 7 December 2018.
Once again, ASX would like to thank you for your time and effort in bringing these matters to its attention. We hope this letter has helped to clarify the situation.