|
NOT enough.
Riva Khristine Maala, assistant corporate secretary of
Export and Industry Bank, sent the following letter,
dated August 19, 2008, to the Philippine Stock Exchange:
“Further to our disclosure last August 14, 2008, please
be advised that the bank’s annual report and financial
statements for the period ending December 31, 20007,
as well its Securities and Exchange Commission [SEC]
Form 17-Q report for the period ended March 31, 2008,
have still not been finalized. Since the Bank’s SEC Form
17-Q for the period ended June 30, 2008, will require
its First Quarter Report having been released
beforehand, the Second Quarter Reports shall be
submitted within five days from the date of submission
thereof.” Is this how a bank with 18 directors including
the chairman and his wife, comply with the reportorial
rules of the SEC? Maala made the same explanation for
the continued violation by EIB Realty, a subsidiary of
Export Bank, of the full disclosure rule.
n More
questions. Maala’s filing is self-explanatory but is not
informative as far as the public investors are concerned
because it seems it was intended only to tell regulators
of the bank’s inability to submit the required reports
in compliance with the regulatory reportorial
requirements. In its filing, Export Bank did not tell
its small stockholders when it will file its audited
financial statements for 2007, which it should have done
in April. It simply told regulators that it has not
“finalized” yet the report. What is taking the bank too
long to “finalize” the report? How about the filing of
the bank’s second quarter report “within five days”
after it shall have filed its first quarter report? When
does the counting “within five days” begin?
n
Corporate battle. ATN Holdings Inc. has two boards
elected on August14, 2008. One is headed by Arsenio Ng
but was “ousted” in a separate election by the group of
Renato Reyes. The group headed by Reyes group walked out
after Ng, who chaired the meeting, refused to recognize
his group’s nominees to the 11-member board. Ng’s group
went on with the meeting and elected—along with him—Hilario
Ng, Eric Rodriguez, Chee Chong Cheah, Bonifacio Choa,
Hyland Si and Santos Cejoco. Reyes and his allies also
held their own meeting and elected seven directors:
Reyes, chairman and president; Antonio Victoriano
Gregorio III, corporate secretary and chief information
officer; Leopoldo Veroy and Richard Palou, independent
directors; Chi Ho Co; Jose Crisostomo; Ramon Abad,
treasurer.
n ATN
ownership profile. With the fight for control of the
board of ATN Holdings Inc. now brewing, Duediligencer is
giving the public a view of the company’s ownership
profile based on filings. As of June 30, 2008, ATN
Holdings has authorized capital stock of 200 million
shares divided into 120 million common A shares and 80
million common B shares. A definitive information
statement lists only four record stockholders holding
60.34 percent. Arsenio Ng tops the list as the record
owner of 40.406 million shares, or 20.20 percent. As
record stockholders, Guild Securities Inc. holds 2.271
million common A shares and 28.86 million common B
shares, or 15.56 percent; Jaka Securities Corp., 8.434
million common A shares and 16.634 million common B
shares, or 12.53 percent; and Abacus Securities Corp.,
14.984 million common A shares and 9.14 million common B
shares, or 12.06 percent. (The computation is based on
200 million outstanding common shares.)
n Reyes
bloc. Something is missing from the stockholders’ list
sent by ATN Holdings to its stockholders for the
company’s annual meeting on August 14, 2008. In their
own filing, which they sent directly to the PSE, which
was not posted among the disclosures of ATN Holdings,
the group of Reyes claimed to own “approximately 52
percent” as of January 2008. It lists Reyes as owner of
47.748 million shares, or 23.874 percent of 200 million
outstanding shares. These holdings, which are not enough
to take the majority in the board unless Reyes’s allies
have more shares to show, consist of 14.325 million
common A shares, or 11.9375 percent of 120 million
outstanding common A shares, or 7.1625 percent of 200
million outstanding common and 33.423 million common B
shares, or 41.779 percent of 80 million outstanding
common B shares, or 16.7115 percent of 200 million
outstanding shares. Reyes is also a big investor in
another listed company. He holds 5.758 million common
shares, or 15.4 percent, in Lodestar Holdings Corp.
|