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Instead of creating multiple classes of shareholders, governments and regulators may want to think about how they define fiduciary duties in the financial realm.
The Securities and Exchange Commission voted today to prohibit tender offers that exclude certain classes of shareholders, such as a large holder of a company's stock who might be seeking to take over the concern.
It is either up to Wrigley to do something by pushing the issue, or to Hershey's board, who might pressure the Hershey Trust by claiming this was a very good offer that would benefit all classes of shareholders equally.
"Here, we were trying to buy out 60 million shares and had four different classes of shareholders to convince this was a good idea -- along with Prime Retail's board of directors and management".
Happily, an experiment in dual classes of shareholders has long been under way in France, where shares often gain double voting rights after being held for a specified period—usually two years, although sometimes as long as ten.
However, as Chris Huhne, a British Euro-MP, points out, there could still be political opposition to the directive, and in particular to its proposal to outlaw the allocation of different voting weights to different classes of shareholders.
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Split capital investment trusts have different classes of shareholder, with some investing for income and some for growth.
One potentially powerful class of shareholders — employees — seems to be rousing, too.
Second, Mesa could not, by definition, fit within the class of shareholders being protected from its own coercive and inadequate tender offer.
Several experts said the ruling would have little effect on securities fraud cases because a misrepresentation by a corporate executive is commonly seen as injuring a company's whole class of shareholders.
The beneficiaries of the activism are numerous and profoundly enriched, while the class of shareholders who sold to the activist are few and have not suffered any real economic harm.
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