Department of the Treasury

Shareholder Intention Statements

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The Takeovers Panel's Executive drafted policy options in March 2015 to address regulatory uncertainty around shareholder intention statements in takeover bids. Three options were identified: having ASIC revise its 'truth in takeovers' policy to clarify that intention statements are non-binding; having the Panel issue guidance establishing a 'safe harbour' for bidders procuring such statements; or lobbying for legislative reform introducing a mandatory follow-on bid rule to address concerns about association and relevant interests. The memo notes the threshold question of whether existing ASIC guidance and past Panel cases already provided sufficient market guidance. A subcommittee was convened to discuss participant representation (including potential ASIC involvement), initial reactions to the three options, key policy issues, and next steps.

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