RE: IF option17 Aug 2016 12:09
Just look it up in the latest RNS about shareholder interest change, it is at the bottom.
By the way contrary to the majority here I do not think it would be good for MNG to keep the shareprice artificially low and then issue new equity at these low prices. Because if the company issues new old shareholders have a pre-emption right under British company law. Meaning existing shareholders have a right to participate on a pro-rata basis. So they basically can't dilute existing shareholders just by issuing new equity.
I'm not from the UK but does anybody know why this did not apply for the recent MNG take-over? Was there such a special resolution or was it because they did it with a promissory note?
Section 561 from the Companies Act 2006 obliges a company to offer new shares first of all to its existing shareholders in the same proportions they already hold shares. In other words, it upholds shareholders’ right to be protected from dilution. If they are willing to pay the price asked for the new shares, they can have them.
The section can be disapplied, along with section 549, either in the articles or by a shareholder vote, though only by a special resolution.