Revisions to the Panel’s Guidance Note on Schemes of Arrangement

Published 31 July 2024

As a result of recent transactions, the Panel has made several updates to the Panel’s Guidance Note on Schemes of Arrangements (the Schemes Guidance Note). In summary, the amendments:

  • set out how the Panel is likely to respond if an applicant for a letter of intention applies for (and potentially receives) initial orders from the Court before the Panel has an opportunity to fully consider the application for a letter of intention;
  • clarify that target shareholders:
    • should be afforded adequate time to consider the scheme documents prior to the vote; and
    • file objections to a scheme with the Court; and
  • clarify the Panel’s position in relation to the treatment of unclaimed scheme consideration.

    The updated version of the Schemes Guidance Note, as well as a compare version showing all updates, can be found here on the Panel’s website.
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