Share on LinkedInShare on LinkedIn

ARTICLE · 04 FEBRUARY 2020

No Smoke Without Fire: Insider Participation In Rescue Transactions

An independent expert's report can mitigate the issue of information asymmetry between participating insiders and shareholders where there are potential or actual conflicts of interest.

AustraliaCorporate/Commercial Law

The Takeovers Panel recently declared unacceptable circumstances in relation to the affairs of Smoke Alarms Holdings Limited because it considered that appropriate protocols were not implemented to deal with the participation of an insider in the negotiation of a control transaction. In the Panel's view, the issue was further compounded by the lack of an independent expert's report in the meeting materials despatched to shareholders. In this article, we summarise the key findings from the Panel.

In brief

  • The Panel's decision is a reminder that appropriate protocols and procedures should be established at the outset to manage potential or actual conflicts that may arise as a result of control proposals involving a participating insider.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from