Before the offer period, an acquirer paid RM2.40 per offeree share eight months ago, RM2.10 five months ago and RM1.95 two months ago. The price is now RM1.80. What is the minimum mandatory offer price?
Rule 6.03(1) of the Rules on Take-overs, Mergers and Compulsory Acquisitions requires the mandatory offer price to be not less than the highest price (excluding stamp duty and commission) paid or agreed to be paid by the offeror or persons acting in concert during the offer period and within six months before it began. Purchases at RM2.10 (five months ago) and RM1.95 (two months ago) fall in that window; RM2.40 (eight months ago) does not. The minimum is therefore RM2.10. RM2.40 uses too long a look-back, RM1.95 applies the three-month window that Rule 6.03(2) sets for voluntary offers, and RM1.80 ignores the highest-price rule. Source: Rules on Take-overs, Mergers and Compulsory Acquisitions (SC-GL/1-2016 (R2-2021), revised 28 December 2021) para 6.03 (as at October 2026).
Mixing up the six-month look-back for mandatory offers with the three-month look-back for voluntary offers.
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