Regulations and Law

Pre-Emption Resolutions Likely to Change

Pre-Emption rights are a very positive feature of the UK stock market scene. They prevent companies from issuing shares without existing shareholder consent, except to a limited extent. That avoids excessive dilution without your consent. The Pre-Emption Group sets the guidelines for this voluntary system which generally means that for larger companies 5% is the limit without getting a shareholder vote in favour. A resolution to cover this for the next year is on most AGM agendas. The Pre-Emption Group have ...

ShareSoc slams LSE over AIM failures

ShareSoc slams London Stock Exchange over AIM failures - that was the title of a press release which ShareSoc has issued after the LSE Group's AGM which was held today - see https://www.sharesoc.org/pr76lseaim.html ShareSoc Director Mark Bentley spoke at the AGM and suggested that "AIM is full of dubious businesses led by dubious people". He asked them to do something about it. Perhaps the merger with the German Deutsche Boerse will mean the introduction of a more disciplined approach to some of ...

Spreading Rumours About Stocks Is a Criminal Offence

As a follow up to my last blog post on the case of Iraj Parvizi currently being heard in Southwark Crown Court, it has now transpired that he was not aware that spreading false rumours was a criminal offence. As Mark Bentley has commented on the last article, Mr Parvizi's comments on trading in Pacific Media appear to be an example of using “manipulating devices” [MAR 1.7.2] under the FCA Handbook regulations, which explicitly identifies “pump and dump” as a form of ...

Spreading Rumours About Stocks

The Financial Times reported today on the curious case of Iraj Pavazi, a stock market trader currently on trial at Southwark Crown Court. In his defence testimony he apparently admitted that he once spread false rumours about a stock to push up the share price. The article reports that he bought all the shares in the stock of Pacific Media (a "penny" share listed on AIM) that were available and then spread a story that a Malaysian tycoon was going to reverse ...

Prime Minister Resigns

PM resigns over disclosures from Panamian lawyers. Ah but that's not our David Cameron, but Iceland's Prime Minister Sigmundur Gunnlaugsson after previously denying in a televised interview that his family had any offshore investments. David Cameron spelled it out. He holds "no shares, no offshore trusts, no offshore funds, nothing like that" he said in a statement. My immediate reaction was "what a pity". The failure of politicians to hold shares in listed companies means that they end up with no understanding ...

FAMR and Advice Services

Just before the Budget was announced, the Final Report of the Financial Advice Market Review (FAMR) was published. That Review was the latest examination of the financial advice market. To put it in some historic perspective, the Retail Distribution Review (RDR) was introduced to improve the quality of financial advice provided and remove obvious bias. So financial advisors had to stop bundling, and effectively hiding, the cost of advice when selling financial products but had to declare it. This certainly improved the ...

CMA, Ofgem and Data Protection Rules

The Competition and Markets Authority (CMA) have been tackling the lack of competition in the market for household utility supplies for some time. They are concerned that many customers have not switched suppliers for some years. Stuck on a basic tariff, they may be paying several hundred pounds a year over the market rates available by shopping around (for example by using price comparison web sites). They were proposing a price cap for such tariffs, which would of course not be a ...

London Stock Exchange – Deutsche Börse Merger, and Brexit

More details were announced this morning of the proposed merger between the London Stock Exchange (LSE) and Deutsche Börse. Is this really a "merger of equals", as it is being promoted, because such things are very rare in practice? Deutsche Börse has a larger market capitalisation and their shareholders will end up with 54.4% of the combined group. We now learn the group will be domiciled in London but will have headquarters in both London and Frankfurt with listings on both the ...

The Non-Financial Reporting Directive

While the debate over the EU and its bureaucracy is so topical, it's worth taking a look at the latest public consultation on an EU Directive that needs to be implemented into UK law. This goes under the snappy title of "The Non-Financial Reporting Directive". It's primarily about how companies report information to their investors and to the wider public on their strategy and operations - typically in their Annual Reports at present. There is already a requirement in UK company law to ...

Placings and Open Offers and How to Do Them – St Ives and Tritax

One of the things that annoys private investors is when a company does a placing of shares. This can be for a number of reasons such as the company needing funds for an acquisition, or simply because the company is fast running out of cash and wishes to stave off financial distress. Because of the EU mandated Prospectus Directive, a full Rights Issue where all shareholders can participate in the share issuance and hence avoid dilution of their stake, does require an ...

UK Share Ownership Structure – Not Fit for Purpose

The Editor of Investors Chronicle commented on the recently published BIS Paper on the structure of UK share ownership in this week's edition (see the last article on our blog for more background). He had this to say: "The Department [BIS] finally seems to be coming around to the view that it is, quite simply, not fit for purpose - a view we have held for some time and which I am regularly encouraged by readers to push further. So well ...

BIS Release Paper Showing the Mind-Boggling Complexity of the Intermediated Shareholding Model

The Government BIS Department have released a Research Paper entitled "Exploring the Intermediated Shareholding Model". It shows in 160 odd pages the existing share registration models in the UK and the underlying systems that support shareholder rights (including voting). In essence it demonstrates perfectly the need for reform. It shows that private investors often do not know what rights they have in nominee accounts or indeed that there are alternative ways of holding shares. Even if they are aware they should have ...