rocket, i dont know your financial situation, but i'd assume its not in BrisC's/MacBs interest to take a heap of little people to court, people who have no way of paying. once everyone has been processed and declared bankrupt they wont even cover legal fees. so maybe . . . in the end court is unlikely. although, none of this helps at the moment, does it!
rocket, i dont know your financial situation, but i'd assume its not in BrisC's/MacBs interest to take a heap of little people to court, people who have no way of paying. once everyone has been processed and declared bankrupt they wont even cover legal fees. so maybe . . . in the end court is unlikely. although, none of this helps at the moment, does it!
While this seems sensible the difficulty arises because there are shareholders out there who can afford the installment payments... they could be wealthy individuals, institutional holders or small investors who just had a small holding. Where do you draw the line on who you will / will not pursue? Will Macq be so generous in chaning the underwriting agreement (which stipulates that BrisConnection has to chase down those liable)? This means many holders can get a free put (i.e. they are able to "sell" the fully paid BrisConnection shares at $2 each, when their real worth is a lot less than that).
This is such a can of worms. If I am a holder I would read the fine print of the PDS / Service agreement of the broker which you bought the securities through and see whether they have any duty to inform. I would also definitely seek legal advice (on both process and legality) of setting up transferring BCSCA to a shell trust/company (see earlier post)... This is more proactive than waiting for the goodwill of BCS / MQG.
Yes I think my first job is to see a lawyer who can protect my assets (I don't have many!!) as well as seeing if I can transfer the shares somehow. Whilst I agree with another recent poster that these sort of injustices have a tendency to work out, it does seem like they are going to play hardball. So the main thing shareholders can do is make things as hard as possible for them to get anything....
Anyone know of lawyers that specialize in that sort of situation??
Hi Rocket, and sorry for your situation.
Regarding my comments on Lawyers, I should clarify ..... I agree getting some good advice is important atm, but I would not sign any thing with regard to them fighting your case for you at this point in time. Way too early for that.
If it is legal to XT your shares to a shelf Co., that would be a priority for sure ... you need to do whatever it takes to protect the lively-hood of your family.
Re the "hardball" ........... The Company has to "appear" to play hardball with the shareholders such as yourself, to satisfy the Underwriter that they have taken all steps available to them to recoup monies BEFORE they can get any money out of the Underwriter themselves. ........ otherwise MacB will have a case not to pay up....... so this is all normal carry on from a legal pov.
I think the there will be a lot of water under the bridge before this gets settled, so hang in.
I agree, I actually feel sorry for Trevor Rowe from Brisconnections as I do realize he has to be seen to try and get this money from us. A pretty crappy situation to be put in. I don't think he would be getting a lot of joy out of the debt collector comments, but it's what he's gotta say!!
M8, If you have the ability to feel sorry for Trevor Rowe while you are in the middle of dealing with this, then I take my hat off to you ..............
That being the case, I think you will deal with the whole scenario well, whatever the outcome.
Life has a funny way of putting us in situations that are a downright pain in the proverbial .............. How you deal with the situation is the real measure of the person ............. so as I said .... my hat is off.
Cheers and good luck to you and your family.
I then went into the Warrants section of the ASX web site and clicked on the "What are warrants" link. Under there is a link to "types of warrants". I followed this link. Under there is a section that says 'instalments'. I clicked on it. Below is the second paragraph from under there. Note that word 'optional' is bolded on the actual ASX web site.
Instalments allow you to gain exposure to shares (and other securities) by making a part payment upfront and delaying an optional final payment until a later date. This allows you to buy shares for a fraction of the current share price while receiving the benefits of capital growth, dividends and franking credits.
Here is the link to the page:
http://www.asx.com.au/products/warrants/how/instalments.htm
I then went into the Warrants section of the ASX web site and clicked on the "What are warrants" link. Under there is a link to "types of warrants". I followed this link. Under there is a section that says 'instalments'. I clicked on it. Below is the second paragraph from under there. Note that word 'optional' is bolded on the actual ASX web site.
Instalments allow you to gain exposure to shares (and other securities) by making a part payment upfront and delaying an optional final payment until a later date. This allows you to buy shares for a fraction of the current share price while receiving the benefits of capital growth, dividends and franking credits.
Here is the link to the page:
http://www.asx.com.au/products/warrants/how/instalments.htm
Yes I think my first job is to see a lawyer who can protect my assets (I don't have many!!) as well as seeing if I can transfer the shares somehow.
As I said earlier, there should be a provision from the ASX, that if no trade can be initiated/completed with a share, you should be able to relinquish your holding back to the company ... ie you lose your initial investment, and the Co. retains your shares at no cost to them ..... This would eliminate the current circumstance of people unable to trade (no buyers) ..........
I mean lets face it ... Why should the shareholders be crucified just because the Company is crap !!
Hi C/fish, I guess they say optional because under normal circumstances you have the "option" to sell before the installment is due.
Hi, I have been given the go ahead to post this again...
I have bought and sold hundreds of shares online, and wouldn't consider myself a naive investor. However I am now the proud owner of a $ 4 million debt, thanks to buying $2,000 worth of Brisconnect shares.
I use Commsec to buy my shares, it's a great way to buy shares. All the info you could possibly need to research to make a buy decision. After researching all of the bcsca pages I made my decision to buy them fully prepared to lose my money or hopefully make a nice multiple gain. (I also bought 18 other penny dredfulls that week)
The amazing thing about this whole process is that the first time that you are told that bcsca is a contributing share is the instant you hit the buy button and the contract note is generated. What a lovely surprise that was...
Here are some interesting screen caps attached of the whole process
bcsca's depth page = No mention of being a contributing share (when I bought there were plenty of buyers)
bcsca's main view page = No mention of being a contributing share
bcsca's forcasts page = No mention of being a contributing share
bcsca's financials page = No mention of being a contributing share
bcsca's company info page = No mention of being a contributing share
bcsca's news page = No articles when I bought the shares, but theres articles now hence nobody buying them.
bcsca's announcements page = The one link (circled) that leads to the very missable fineprint that bcsca is a contributing share!!
bcsca's analysis page = No mention of being a contributing share
And finally this is the killer. The buy page, where it states clearly the total cost of the transaction. As you can see there is no mention of the further $4 million.
This is not a simple matter as some have suggested that we should have known better. The boss of Brisconnect says that the code bcsca indicates that its a contributing share, that the CA is what identifies it as such. I'm not sure when this information became common knowlege, but I for one didn't know this. I spent 5 hours searching the ASX website and couldn't find any info explaining the fact that CA indicates a contributing share. I did a google search and out of thousands of websites the only page that did explain it was this one http://www.trading-plan.com/basics_asx_codes.html
There are only 3 shares in the whole industrials sector that are contributing shares, they are not common, so you would think that they would make this fact far more obvious.
it's no accident that hundreds if not thousands of small investors have fallen for this. Brisconnect, their underwriters, and the ASX need to fix this debacle so that they don't have this happen again.....
Well if you were to write and complain about this to someone - who would it be ASIC? The ASX? Your local member? The shareholders association?
I think someone should be taking this on.
I must disagree with the above posters.
One should not buy shares unless one is aware of the consequences.
Blind Freddie would have been aware that BCSCA was a contributing share and had a $2 kicker attached to its ridiculously low price.
More regulation will only lead to higher transaction costs for traders and investors.
Many naive investors lose daily on the asx and a fair few so called sophisticated investors as well.
It is easier to lose on the asx than win at present.
If a share price looks too good to be true it probably is.
Just because a few folk make a simple basic mistake should not lead to even more regulation.
gg
gg
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