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ARTICLE · 23 APRIL 2020

UK Pre-Emption Group Provides Temporary Additional Flexibility For Pre-Emption Disapplication Authorities

The UK Pre-Emption Group (PEG) issued a statement, published on April 1, 2020, regarding its expectations for non-pre-emptive issues by companies listed in the UK in the context of the coronavirus pandemic.

United KingdomCorporate/Commercial Law

The UK Pre-Emption Group (PEG) issued a statement, published on April 1, 2020, regarding its expectations for non-pre-emptive issues by companies listed in the UK in the context of the coronavirus pandemic.

Temporary increase

The PEG recommends that investors, on a case-by-case basis, consider supporting non-pre-emptive issues by companies of up to 20% of their issued share capital until September 30, 2020 (the temporary period), rather than 5% for general corporate purposes with an additional 5% for specified acquisitions or investments, as set out in its statement of principles (the normal thresholds).

The PEG emphasised that its statement of principles already permits companies to request a specific disapplication of pre-emptive rights from shareholders outside of the normal thresholds, and this process should continue to be respected.

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