Unfair Prejudice2 Feb 2024 14:39
Does anyone know anything about this principle of law?
I have just stumbled upon it but it seems that Company Directors must ensure that the interests of minority shareholders are protected. They do this by making sure that they do not favour the interests of one group of shareholders over another.
Here is an extract from Patel’s statement as a major shareholder
“Furthermore, the lack of trading liquidity prevents ourselves and other institutional shareholders from being able to exit without risk of causing a detrimental impact on the share price”
Here is an extract from Tony Durrant’s statement as Shanta shareholder
“As such it provides an exit opportunity in cash for all shareholders taking into account the current gold price as well as the operational and other risks inherent in the business.”
As private investors, we can exit our positions at anytime without any risk of a detrimental impact on the share price. Alternatively, we can choose to hold on to our positions taking account of the current gold price as well as the operational and other risks inherent in the business. In this regard, many of us will be guided by the many analysts who, on average, (correct me if I am wrong) value the company at close on 30p per share.
This transaction therefore favours the interests of the large institutional investors (who want to sell out) over the interests of the private investors (who want to stay invested). Private investors are already able to liquidate their positions at full market price so they gain nothing from this transaction. Instead, they lose the option of being able to keep our shares. They are forced to hand them over at a price none of them would accept, just because a few institutions want to cash in.
For all we know, Patel may have threatened the board with a dump of Saturn’s shares on the market if his deal did not meet with their approval. He may well have sounded out some of the top shareholders as well, some of whom, he may have known would sell if they could unload their shares at full market price. Fearing the wroth of major shareholders, the board caved. If you are a professional director in a mining company, you won’t get any new appointments if institutional shareholders don’t like you.
I will try to do some more research but would appreciate any thoughts and comments.