RE: Asset increase21 Aug 2024 21:22
At the risk of suggesting you are making this up, the Takeover Code is rather explicit:
2.2 When an announcement is required
An announcement is required:
when a firm intention to make an offer is notified to the board of the offeree company by or on behalf of an offeror, irrespective of the attitude of the board to the offer;
So IF the BoD had received a formal offer (40p, 65p, whatever) for the company, then an announcement is due, end of.
Class tests for significant transactions (AIM Rule 15 and Schedule 3):
"...any disposal which exceeds 75% in any of the class tests is deemed to be a disposal resulting in a "fundamental change of business"..." and requires a general meeting and vote.
Class test: Consideration test
Amount offered, as a percentage of the "Aggregate market value of all the ordinary shares"
So if the offer was a formal one for everything, or for a selection of assets, not all, but which was worth over 75% of the current market capitalisation, it triggers a vote.
The BoD's negative opinion of it doesn't mean they don't announce, just they recommend refusal.
It is really quite clear. We've had no vote called, so the BoD can not have declined a formal offer of 40p a share, or 65p or any other number you want to throw out there. At 2.3p, the 75% threshold is really low, much like the level of interest from what we've been told.