Re: BCFC: Trust the Process?

bluearmyfaction

The trust issue is tricky because of the internationals jurisdictions. Could have an English law clause which would allow an injunction to force the sale - but it would need enforcing in Hong Kong. And damages in lieu of an injunction would be irrelevant. Chances of enforcing that are slim plus are not what any buyer wants. Maybe getting a majority in the BSH board would be the way forward. Then BSH could not renege.

I don't think that is necessarily the case.

You could have an agreement where extra shares are issued in BCFC PLC to to OPL and the BSHL shares are cancelled when the buyout is made.
Everything would then take place in the UK and BSHL have to deal with the HKSE side of things.
I'm not sure if that would be ok for BSHL, but it cuts the football club out of the HKSE listing and as it is a deal with BCFC plc in the UK the buyer shouldn't need to go near HK courts.

Obviously the devil is in the detail of the agreement and it might not be possible or the owners of BSHL might insist on selling in HK (or the BVI), but if everyone is willing there are ways to make a buyout easier.