Hi Jag, what are we looking for here? Is this a scam or not? What is the purpose of this?
Hope everyone had a great Christmas - like a few here I’ve enjoyed a break from the social sites leading up to Christmas .Hi Jag, what are we looking for here? Is this a scam or not? What is the purpose of this?
Interesting to find out more about the Deeland / Goldenstein connection (collaboration?)Hope everyone had a great Christmas - like a few here I’ve enjoyed a break from the social sites leading up to Christmas .
Anyhow, the three companies maybe shown to be connected - Omni Bridgeway collaborate with Goldenstein law firm (who Deeland may have copied their text from)
View attachment 25372
Kooperationen - Kanzlei Goldenstein
www.goldenstein-kanzlei.de
View attachment 25370
Hi CarlosThe only way now that anyone can legally control Manono is if they buy out AVZ
Think back to the original Boatman / AFR / Chinese news articles about Zijin's claims that they 'bought' the 15% of Dathcom from Cominiere. The sheer obnoxious gloating that no one would have over 50% and control the project. Little Tommy was wetting himself with excitement so much he forgot to tell his readers that the CATL deal could be amended.
Although at that stage all the market had been told was that CATL had waived all conditions (including getting the mining licence). So nice of them to just want to get the deal done at 24%. Luckily someone was thinking outside the box. Nigel first mentioned the possibility that CATL were willing to accept 9% a few weeks after I suggested it in this forum.
View attachment 25351
If Zijin (or any other overseas entity) buys out AVZ and takes it private then there is no longer a direct concern for FIRB to consider because the deposit isn't in Australia imo. Hopefully we never need to find out.
The other thing to consider about FIRB's opposition to Yibin Tianyi is that decision was made at the height of the trade war tensions between Australia and China caused by the fallout from ScoMo asking for an independent inquiry into the Wuhan Lab. I doubt Chalmers would have quite the same chip on his shoulder that Frydenberg had.
Our saving grace may be tax considerations. But considering AVZ International (which technically owns the 75% of Dathcom so running Dathcom through a private subsidiary is allowed under DRC law imo) is headquartered in Singapore (which has a corporate tax rate of 17% vs Australia's 30%) I'd say AVZ's current plan is to run all profits through there first.
I sincerely hope I'm wrong about all this but the barbarians are at the gate imo
View attachment 25353
Please forgive my ignorance . Even if we hold 60% OR 51% what happens if they still will not issue us with the Mining Licence? Is our percentage still worth something without the Mining Licence ? Are we still a Buy Out target ? If so will it be at a fair price ? We clearly will have minimum 51% regardless of the potential theft of 30 % by the 2 Chinese parties . Also will AVZ expire as a company if we don't trade within a 24 month period ? If so what are our options before that happens if no Mining Licence or Buy Out has not occurred . Thank you.Think back to the original Boatman / AFR / Chinese news articles about Zijin's claims that they 'bought' the 15% of Dathcom from Cominiere. The sheer obnoxious gloating that no one would have over 50% and control the project. Little Tommy was wetting himself with excitement so much he forgot to tell his readers that the CATL deal could be amended.
Although at that stage all the market had been told was that CATL had waived all conditions (including getting the mining licence). So nice of them to just want to get the deal done at 24%. Luckily someone was thinking outside the box. Nigel first mentioned the possibility that CATL were willing to accept 9% a few weeks after I suggested it in this forum.
View attachment 25351
If Zijin (or any other overseas entity) buys out AVZ and takes it private then there is no longer a direct concern for FIRB to consider because the deposit isn't in Australia imo. Hopefully we never need to find out.
The other thing to consider about FIRB's opposition to Yibin Tianyi is that decision was made at the height of the trade war tensions between Australia and China caused by the fallout from ScoMo asking for an independent inquiry into the Wuhan Lab. I doubt Chalmers would have quite the same chip on his shoulder that Frydenberg had.
Our saving grace may be tax considerations. But considering AVZ International (which technically owns the 75% of Dathcom so running Dathcom through a private subsidiary is allowed under DRC law imo) is headquartered in Singapore (which has a corporate tax rate of 17% vs Australia's 30%) I'd say AVZ's current plan is to run all profits through there first.
I sincerely hope I'm wrong about all this but the barbarians are at the gate imo
View attachment 25353
Nah I don't have a law background. I did a few law units at uni so I know a little bit. My theory is that if any company wants to control Manono they must now buy AVZ. It would happen the same way if it was Zijin, Rio Tinto or Tesla. The obvious difference is that if the entity that buys AVZ is based outside of Australia they will need to go through FIRB.Hi Carlos
Did i hear right that you have a law back ground.........or was it someone else ?...
" If Zijin ( or any other overseas entity ) buys AVZ and takes it private, then there is no longer a direct concern for FIRB as the deposit is outside of Australia "
So run me thru how that scenario could play out......
Is it a matter of waiting on the side lines for AVZ to be drained of finances and be delisted from the ASX , then come in and swoop ?
Or are there other avenues of attack ?
Personally i am having a hard time equating that scenario, not only would it be the death knell of international investment for DRC (outside of china) , but it would also be the end of the political career of FT too.
Then i would imagine there would be a mass sign up to DEELAND ( if such a coy exists ) and sue the fuck out of the AVZ bod. ......
Lets just hope that the recent war drums favouring AVZ cause , plus FT promising to use the IGF report and other NGOs advice to quell corruption .........plays out.....
Regards to FIRBs decision on YIBIN, yes that played out in the heat of COVID and trade war tension ( scomo / frydenberg ), but i doubt the stance will change with ALBANESE / CHALMERS in the fold based on the links below........agree ?
The United States and Australia Formalize Partnership on Critical Minerals | U.S. Department of the Interior
The United States and Australia Formalize Partnership on Critical Mineralswww.doi.gov
https://www.state.gov/minerals-security-partnership/
Lithium is a critical mineral and AVZ / DATHCOM has 1/3 of the worlds supply
View attachment 25389
As we all know , that massive AVZ bubble doesnt include CDT or the updated drill for RD......
Maybe this is the reason the US are showing alot of interest in DRC and no doubt, MANONO....
So in closing, i just cant see how your scenario can play out........AVZ is waaay too valuable to go private and land in Chinas lap...............every avenue must be taken to prevent that from happening or the world will be held to ransom.
imo
Some might call it a complete Clusterfuck, others may say it's aMMCS lost their application through the government and have taken Cominiere to ICC until may 22, in this time AVZ have drilled a lot and made a few changes in the area. So I’m not sure that it’s true with the not be touched scenario and I‘m not sure if it’s possible to take a complete government to ICC, but i questioned this to myself in the past. Even when AVZ would claim for compensation against the government and win this, the drc would not have enough money to pay. So I hope the DRC is clever enough to see that AVZ could have a big leverage in the worst case scenario.
But when this would be a possibility I don’t think/hope AVZ had stated on the 17th October that they are 100% confident of getting a collaboration agreement and a manono sez?
Happy Birthday JagAnyway, happy day after Boxing Day and day before my birthday View attachment 25405
Well there you go, my memory didnt serve me well at all with the Yibin offer, looking at that deal , compared with the CATH offer ( 24% for 240m ), it was a complete and utter joke wasnt it ?.....
However, i will stand by my understanding that ZIJIN cant buy out ASX listed AVZ, FIRB wont allow, but they can try their luck via collaboration with CATH, GANGFENG, SHENZEN, DATHOMIR / COMINIERE to control the percentage of DATHCOM, thus gaining control of MANONO........bypassing the FIRB in the process.
But seriously , how can that really work ?
AVZ / DATHCOM received TECHNICAL APPROVAL with the original DFS, AVZ are the one that has poured all the dollars to prove up the asset / s they are the main operator, which means they require 51% control of Dathcom as per DRC law to operate RD.
I have said this before many times, especially at good ole HC when AVZ threads ruled..........NIGEL needed diversity when it came to offtakes, he needed a US / European interest ( possibly both ) to avoid a potential collusion of chinese entities under the instruction of President Xi to gain control of MANONO............
It never happened, now here we are.
That being said and you mentioned it in your original post......... NIGEL did say in the recent AGM that he half expected the chinese to have a crack at under handed tactics to gain control of MANONO...........but he never imagined that corrupt officials of DRC govt would be complicit as well......
Well to be fair to NIGEL, no one expected that scenario either, given that FT mantra when taking power in 2019, was to eliminate corruption and provide his people a better life.
Well here we are in late 2022 , RD should of been 1/3 into construction, hundreds of local workers should have been employed, AVZ SP should of been around $1.50.........instead, we are farking stuck in extension suspension, with corruption still full steam ahead, with multiple scum trying to steal what aint theirs and the locals still poor as shit and bewildered.
Pull your finger out FT before its too late.
2023 has to be ACTION...........not TALK !!
View attachment 25332
imo
Ultimately I think our best chance of avoiding any potential takeover is by getting the mining licence and trading again. But the longer suspension goes on the more of an opportunity it gives Zijin or another buyer to leverage resentment towards the AVZ board into possibly taking control of the company. We have waited for far too long and been given too many missed deadlines and at some point something has to give.Nah I don't have a law background. I did a few law units at uni so I know a little bit. My theory is that if any company wants to control Manono they must now buy AVZ. It would happen the same way if it was Zijin, Rio Tinto or Tesla. The obvious difference is that if the entity that buys AVZ is based outside of Australia they will need to go through FIRB.
To succeed in acquiring AVZ any potential buyer would need to make an offer that is either acceptable to the board (which would be announced as a friendly takeover and voted on by shareholders) or bypass the board by buying up over 50% of shares (or vote with existing holders) and use a proxy vote to force an EGM to spill the board in a hostile takeover and replace them with a board supported by the majority of shareholders that want to sell. The offer would still then need to be voted on by all shareholders but those wanting to sell would obviously have the numbers.
The big question is if a potential buyer of AVZ is a Chinese company will FIRB allow it. Especially given they didn't want Yibin Tianyi having a seat on the board. The main thing FIRB were upset about was a Chinese government backed company having a vote in the ongoing operations of an ASX listed company. If Zijin hypothetically get enough shares and buy out AVZ they would take it off the ASX and make the company private (which is what Deeland are claiming they want to do).
The simplest way I see to get around FIRB would be for them to transfer AVZ International from AVZ to Zijin. Then wind up AVZ all together. That way they would be left with a parent company based in China with a subsidiary based in Singapore that holds 75% of a joint venture based in the DRC. And crucially no Chinese company having a board seat in an ongoing ASX listed company. At that point I don't see any direct concern about 'Australia's national interest' for FIRB to consider. But I could be wrong as there are other considerations like taxation and possibly strategic concerns.
Maybe I'm jumping at shadows here but if I was Zijin this is exactly what I would do and the arguments I would be using to get around FIRB. I'd also be launching a disinformation campaign about ownership and trying to get shareholders to turn on the board by initiating a class action against them. Zijin have put a noose around the projects neck and will offer frustrated shareholders a quick way out at a price everyone will be in the green for. The longer we wait to trade again the more shareholders will be tempted to sell imo
Here's a decent guide to hostile takeovers in Australia:
A takeover bid can be characterised as either 'hostile' or 'friendly', depending on whether the Bidder has the recommendation of the Target Board that target shareholders should accept the bid. - Insight | MinterEllison
A takeover bid can be characterised as either 'hostile' or 'friendly', depending on whether the Bidder has the recommendation of the Target Board that target shareholders should accept the bid.www.minterellison.com
Genuine question / apologies for my ignorance -- how do you close a short position when the stock isn't trading?