June 23, 2011

Not your average Joe.

At +200 pages the Scheme Booklet is quite a document with a lot to comprehend. Those who are busy, who have commitments, who are time poor (ie everybody) could be forgiven for skipping the detail and reading the conclusion;
The Independent Expert has concluded that the Scheme is fair and reasonable and in the best interests of Cellestis Shareholders
Shareholders might wonder as to how the IE knew of their particular circumstances. Some shareholders might be retired and could do with the cash whilst others are still acquiring and not in need of dealing with a Capital Gains Event. Some shareholders might be institutional and need some profits to bolster a sagging portfolio whilst others, who have only recently bought in as an investment, will possibly incur a loss. So how can the IE determine what is in your best interests?

It is because they have left out that important phrase, "as a whole." It isn't your best interests that have to be considered, it is the best interests of shareholders as a whole. Like the abstraction "a reasonable man" the phrase is merely a concept used by the legal fraternity to discuss various aspects of law.

Individuals are then left to ponder how they lost their rights, as an individual, to make their own decisions.