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ColvinBri | Can you buy out a company by way of stocks? |
ok, let's say there is a company with stocks at 1 dollar, at a volume of 1 million. In order to take ownership (or majority) do I need to buy 500,000 shares, or 1m plus?
Also, how does it affect it if the company is presently owned mostly by someone else (say founder or ceo)?
Thanks |
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BizAnswers
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You may be confusing "volume" with "shares outstanding". If you want voting control, you need more than 50% of the outstanding shares. The problem is that if you buy it in the public markets, you will drive up the price. Once you hit 5%, you must file a Schedule 13D or Schedule 13G with the SEC. Once you hit 10%, the SEC deems you to be a "control person" and you must file a Form 3 and become subject to Section 16.
Many regulators deem you to be in control at 10% and some (such as the FDIC) deem you to be in control at 20%. That's not the same as voting control.
In my experience, the cheapest way to do a takeover like you suggest is to make an offer to purchase the company to the company's board of directors, subject to your due diligence. If you find them unwilling to negotiate, you can always go to the public market to try and buy it. If you do that, you are probably better off to do a tender offer at a set price (or dutch auction) so that you can acquire the shares directly from the shareholders. You can include a provision in the tender offer which says that it will not be effective unless at least 50% tender their shares. You have to file with the SEC before commencing the tender offer (Section 14). There are a lot of tactics to be used when dealing with boards, so you need competent legal counsel. You can put a board in a box if you push them in the right direction.
Before you get too far along, you should look at their SEC filings to see if they have a poison pill in (aka shareholder rights plan). You will also want to know if there are any applicable state anti-takeover laws. That will depend on the state of domicile of the company.
If the company is majority owned by someone else, you basically have to go play ball with them. |
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SKG R
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You have to follow the rules not just buying.
To know the rules contact;
supra@eclipse.net |
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Mathew
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Normally buying 50% plus one share will give you controlling interest in that company if it is common stock. |
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Italian girl
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If you have controlling interest in the company 50.0001% of the stock you can stuff the other shareholders. They are now in the minority. You get to appoint your own board of directors. However, many companies have poison pills to prevent such things from happening. They want to keep their jobs and to hell with the stock holders. |
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blinded_faisal
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Of course u can, the m oment a company turns public, ownership of the company is then decided through ownership of shares. In your case, being the major shareholder of the company will make it yours. Not neccessarily 500000 shares unless there r only two shareholders. If there r many shareholders, then its according to the percentage. U hold a higher percentage n u own it.
And for the effect on the founder or owner, he will not be the owner until he owns the majority of shares. |
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spineminus2
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once you have control of the company (50% or 500,001 shares), you have the opportunity to buy out the minority holders (you have to buy the whole company, but once you get half, you can force minority to sell). |
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vegas_iwish
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can only buy what others sell. If the majority of shares are held by owner you can't take over. The share price would not stay at $1 while you are buying them up either. Demand increases price. |
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eric_seeger
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once the company goes public, it's owned by the shareholders. Now, the founder (if he'/she is smart) kept 51% of the stock to him/her self. Otherwise, there's a good chance that the board owns that 51%, hence they would control the company.
If no one owns a majority share, than buy, buy, buy. But don't be surprised if the people in the boardroom get wise to your antics and start buying, too. |
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madjer21755
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I'd say 500,001 would be the number but as you but them the 1 dollar price will change, maybe a lot. This may not be that straight forward as there are shares and then there are shares.
i.e some voting type, some not, etc.
If it's owned mostly then you'll never get the 50% unless that someone wants to sell out. |
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