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Home / Simons-Taxes /Corporate tax /Part D6 Company reconstruction and profit extraction /Division D6.2 Reorganisation of share capital /Issue of share capital / D6.248 Other forms of share issue—open offer and vendor placings
Commentary

D6.248 Other forms of share issue—open offer and vendor placings

Corporate tax

A company can raise funds in ways which are similar to a rights issue in that existing shareholders are offered the opportunity to subscribe for the new shares. However, they are not conventional rights issues because there is no provisional letter of allotment which the shareholder can sell 'nil paid'.

Broadly these arrangements fall into two categories, open offers and vendor placings. However, there is no commonly accepted vocabulary and vendor placings are sometimes described as open offers. Therefore, in any individual case it will be necessary to look at the underlying transaction, not the label used to describe it.

In addition, a number of companies have carried out 'cash box' placings which are structured as an issue of shares for non-cash consideration.

Open offer

Shares may be subscribed for under an 'open offer', whereby existing shareholders are invited to apply for new shares issued in connection with a share placing by the company.

In strictness, such transactions do not normally fall within the reorganisation rules (D6.101–D6.103). This is because

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