Striving to be best in class Just as it is misleading to judge a company’s financial performance on a single measure such as earnings per share, so is it misguided to attempt to reduce the performa
The ACT warmly welcomes today’s issue by the Pre-Emption Group of a new Statement of Principles to replace the old pre-emption guidelines. The new Principles preserve the essential protection of shareholder pre-emption rights while building in a sensible degree of flexibility. For the first time they cover the re-sale of Treasury Shares.
Pre-emption rights are a cornerstone of UK company law and provide shareholders with protection against inappropriate dilution of their investments. They are enshrined in law by the 2nd Company Law Directive and the Companies Act 1985, which provides that they may be disapplied only by a special resolution of shareholders at a general meeting of the company.
The Bank of England Guidance was developed by the Bank in conjunction with the Association and other bodies and its publication met a long held need for sound guidance on equity issuance. It followed the recommendations of the MMC that the use of tendering for sub-underwriting should be encouraged and that the benefits of deep-discounted share issues should be explained to issuers.