Takeovers Legal Update - Blake Dawson Waldron Lawyers

In Brief

  • The panel has published a draft guidance note applicable to bids involving directors, management and advisors of the target.
  • Insiders should seek the consent of the board when approached by a potential bidder.
  • Independent directors should establish protocols.
  • No requirement for equal access to information.
  • Proper disclosure of incentives.
  • Independent expert is not mandatory.
  • Debt level is relevant to disclosure.
  • Wrap information must be lodged with ASIC at the same time as lodgement of the bidder's statement.
  • Statement's by an individual broker can only be used with the consent of that same broker. A broker must assess what information should accompany any valuation given to ensure it is not misleading or confusing.
  • Aggregate valuations may be used without consent subject to certain conditions.

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