Smart Holding, a Ukrainian business group that is reportedly in the final stages of acquiring a 96.1% stake in Bank Forum (FORM UK) from Commerzbank (CBK GR), confirmed that it is planning to act in accordance with Ukrainian legislation and offer a buyback opportunity to minority shareholders in the bank, Interfax reported yesterday.
Alexander Paraschiy: The statement by Smart Holding indicates the bidder is still keen to acquire Bank Forum and that a deal might be nearing completion. According to the current legislation, the acquirer of a controlling stake is obligated to offer to purchase minorities’ shares within 20 days after a deal is closed. All shareholders should be informed about the details of the offer within 30 days of the deal. The key uncertainty now is the offer price – according to legislation, it cannot be smaller than the “market price”, but the law does not stipulate the exact mechanisms for determining that rate. For instance, on the day Commerzbank announced the possible deal (July 30), Bank Forum shares were trading at UAH 0.91, while yesterday the stock closed at UAH 0.81.