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International Law
: Australian Regulatory Compliance ReviewTakeovers Panel Guidance Note on collateral benefits
The Takeovers Panel has issued Guidance Note 21 which sets out the Panel's approach to collateral benefits. The Panel starts from the idea that unacceptable circumstances will be likely to exist whenever a bidder provides a security holder something of value which it does not offer to other security holders.
Under s602(c) Corporations Act, if there is a proposal for the acquisition of a substantial interest, then, as far as practicable, the holders of the relevant class of voting shares must all have a reasonable and equal opportunity to participate in any benefits.
Full post as published by Australian Regulatory Compliance Review on April 19, 2008 (boomark / email).
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