RE: RNS4 Nov 2025 10:07
The UK Takeover panel's decision to permit confidentiality is a positive as there is a certain level of evidence required to obtain this dispensation (PS31).
The UK Takeover Panel has agreed to a dispensation allowing the interested parties in Kore Potash’s sale process to remain confidential for several strategic reasons. This dispensation, under Practice Statement 31 (PS31), is granted when the Panel is satisfied that the company is genuinely initiating a formal or private sale process and wants to maximize competitive participation without prematurely identifying potential bidders.
Key Criteria for a “Genuine” Private Sale Process
Sincere Intent: The company (often through its board and advisers) initiates the process with the actual intention of selling all or a major part of the business, and not as a tactical move for another purpose.
Structured Approach: There is an organized, deliberate process involving contacting and negotiating with multiple potential bidders privately, rather than openly in the public domain.
Panel Engagement: The company’s advisers must consult with the Takeover Panel at the outset and continue this engagement to ensure compliance and proper management of disclosure, especially to prevent leaks.
Sale-Focused: The process must be more than casual or opportunistic conversations—there must be clear and credible steps taken toward exploring and securing a sale transaction.
Competitive Element: Preferably, the process should enable the company to engage with a range of bona fide bidders to maximize value for shareholders.
The indications would appear to suggest serious and advanced discussions are underway.