If you thought that underhand off-market share buyback
players would crawl back into the woodwork during the current
market environment, you were wrong. It seems there's no time like
the present uncertainty to take advantage of some shareholders.
If you're fortunate enough to have never had an off-market offer
for your shares - here's how they usually work.
A group with a name such as Share Express, Share Buyback Group
or David Tweed's Direct Share Purchasing Company approaches a
company for its share registry.
As it is a public document, the company is required to provide
the information, which has the details of every holder of every
share.
The buyback operator then sends out letters offering to buy
those shares at below the market price. For example, an offer was
made earlier this year for Ruralco unitholders for $1.92 a share
when they were trading at more than $4.
In the midst of the short-selling ban and the confusion that
followed last week, Perpetual issued a warning to shareholders that
they might soon receive a letter from one of these operators -
Hassle Free Share Sales Pty Ltd.
Hassle recently sought a copy of Perpetual's shareholder
register and Perpetual had provided it.
"Perpetual must maintain a register of its shareholders in
accordance with the Corporations Act. This is a public document and
we cannot prevent any party from either reviewing or seeking a copy
of our register," Perpetual company secretary Joanne Hawkins
said.
Perpetual was starting on the front foot and was hoping it would
get to its equity holders before Hassle did. It provided a link to
the Australian Securities and Investments Commission consumer
awareness site Fido and told shareholders where and how to find the
market price of Perpetual shares.
Off-market buyback share players will target companies whose
share prices have risen greatly in value and those that have been
demutualised, that is, many of their shareholders have not bought
the shares on market but received them as policy holders.
If you do receive a letter, the company is required by law to
provide:
? a written statement setting out the market value of those
shares on the day the offer is made; and
? a minimum of one month in which to accept the offer.
If they do not provide the market price, they can face a fine of
$22,000 or two years' jail for each breach.
You can find daily share prices on the ASX website at
http://www.asx.com.au. Even if you don't know the ASX code of your
company, you can enter the company name.
Don't accept an offer at well under market price and don't
believe anyone who tells you stockbrokers are expensive. They can
be, but online or telephone non-advising brokers will sell your
shares for between $30 and $70 a parcel, so if you need the money
you don't need to accept an off-market offer.
There is always a reason why someone is sending you these share
offers, and these players generally operate on the assumption that
some people will not be aware of what's happening with their
company, so check the ASX announcement updates as well.
And always remember - if something sounds too good to be true,
it usually is.