Because of differences in regulation, the popularity of various takeover defenses varies by country. In general, a corporation defends itself against a takeover in the following manner:
A broad word relating to preferential rights granted to a company’s shareholders, such as the opportunity to purchase the bidding firm’s stock at a significant discount. Because every investor can buy shares at a bargain, the bidder’s interest is diluted, and the bidâ€™s value rises significantly.
Automatic payments paid to executives after a company is taken over are known as golden parachutes. Managers may believe this is a reasonable request, given that most purchased firm executives are removed from power within two years of the takeover.
Staggered boards: This sort of takeover defense is regarded to be one of the most efficient takeover defenses accessible to executives. Boards of directors chosen at separate periods and serve overlap terms that do not begin or end at the same time are known as staggered boards.
Defensive actions include defense documentation structures, lobbying, considering innovative bids, and profit forecasts, among others. The following is an explanation of these defenses. The executive board may undertake defensive action by issuing a circular, which is described as a “Defense Document” and covers the board’s position on the hostile bid and the positive and negative effects the takeover could have, considering the hostile bidder’s strategic strategy.
It is delivered to all stockholders, pension plan trustees, employers, and persons with information rights in the same manner.
Advantages and Disadvantages of Takeover Defenses
Throughout hostile takeovers, there are both advantages and disadvantages to using takeover defenses. To start with, takeover defenses may result in creating a more profitable, efficient, and open market for corporate control, particularly in weak economies. It also profits target firms in the event of misrepresentation or misleading stock valuations, as they are obligated to reveal pertinent information, thereby increasing their share value. As per the ‘bargaining power theory,’ takeover defenses can be used as a negotiating tool to improve the target’s value and exert pressure on the hostile bidders to boost the premiums offered. If they are employed as such bargaining tools, they may result in auctions that would raise takeover bid premiums as potential hostile bidders compete for the takeover offer. Another benefit of takeover defenses is their disciplinary role about the targeted companyâ€™s shareholders, as it generates an incentive to raise the company’s worth and the stockholdersâ€™ income.
Takeover defenses, on the other side, may have certain undesirable implications. Because they will utilize suitable defenses and protect their position, the targeted executive board may lose their incentives to manage the firm most effectively. Furthermore, when the hostile bidder has used takeover defenses, the hostile bidder’s takeover bid may be lower and less advantageous for the stockholders. The bidder may provide a larger than market price premium to coerce the shareholders into accepting the offer.
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