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Einhorn pleads with investors on Apple vote

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JAMES TITCOMB

BILLIONAIRE investor David Einhorn yesterday pleaded with fellow Apple shareholders to vote against the iPhone maker’s proposals to change its corporate practice.

Einhorn’s Greenlight Capital hedge fund, which owns around $600m (?394m) in Apple shares, laid out proposals that would see billions of dollars returned to shareholders.

Einhorn said that despite the company’s history of product innovation its “attitude to managing its cash has been decidedly non-innovative”.

Greenlight Capital wants the company to distribute a new class of preferential Apple shares – which he dubbed iPrefs – that would be handed out to investors and return a regular, fixed dividend.

Apple has said it is considering Einhorn’s proposals. However, a board proposal at its upcoming annual meeting would see it prevented from issuing the kind of preferential stock suggested by Einhorn.

Greenlight Capital is also taking the company to court, claiming the proposals would violate US corporate laws. On Tuesday the judge presiding over the trial said Einhorn was likely to win the case.

Einhorn said his suggestions would return value to investors, while leaving Apple with cash to make acquisitions, and preventing it from jeopardising its business. Apple’s shares have fallen by a third since their summer highs.

“[The proposals] don’t interfere with whatever business plan Apple has, we want them to keep innovating and designing products we can’t imagine living without,” Einhorn said, imploring shareholders to “send [Apple] a clear message”. Apple did not comment.

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Barnardo's

Rothschild hit by epic defeat

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CATHY ADAMS

BUMI co-founder Nat Rothschild yesterday suffered an embarrassing defeat at the coal miner’s EGM, with 19 out of 22 proposals for a board overhaul flattened by shareholders in a public City showdown after months of increasingly bitter exchanges.

Rothschild, who arrived at the extraordinary meeting with his mother Lady Serena Rothschild, proposed last month ousting 12 out of the 14 current Bumi directors and bringing in a team of his own.

Investors yesterday chose to back the current Bumi board, with more than 61 per cent of stakeholders supporting incumbent chief executive Nick von Schirnding and the deputy chairman director Sir Julian Horn-Smith.

Rothschild’s proposed appointment as an executive director was rejected by 63 per cent of investors, which marked the weightiest defeat of all the resolutions.

The outcome of the EGM, held at the Honourable Artillery Company on City Road yesterday morning, will see two current Bumi board members – former chief executive Nalin Rathod and independent non-executive director Jean-Marc Mirzhai – step down.

In a narrow victory, one of Rothschild’s proposed new team, former British ambassador to Indonesia Sir Richard Gozney, has been voted onto the Bumi board.

In a statement following the results of the meeting, the FTSE 250 coal miner welcomed Sir Richard’s appointment and the “decision of shareholders to support the board on substantially all resolutions”.

The board will now speed up the divorce of Bumi Resources from the London-listed Bumi PLC, as well as a restructuring of the board, which will be “pursued with a sense of urgency”.

“The board will be re-structured and will be significantly smaller while retaining a majority of independent directors,” the firm said last night.

Speaking at the EGM, von Schirnding said that the agreement signed last week with the Bakries, which saw them put $50m (?33m) in a ringfenced account for the buyback of Bumi Resources, was a “tangible step forward” for shareholders.

The powerful Indonesian investors last night welcomed the outcome of the meeting.

Hedge fund veteran Rothschild, also speaking last night, labelled the result a “pyrrhic victory” for the Bumi board, adding that a “substantial majority” of non-aligned shareholders voted for his proposals.

Calling again for the full release of the probe by law firm Macfarlanes, the financier added that he will continue to remain a shareholder of Bumi, and he will “continue to fight for the rights of the minority independent shareholders”.

     
     
  Barnardo's  
 

ADDRESS: 70 High Street Wanstead

CITY: London

COUNTY: London

POST CODE: E11 2RJ

TELEPHONE NUMBER: 020-8989-3641

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What the other papers say this morning

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FINANCIAL TIMES

Brussels turns up pressure on Libor
Banks and broker-dealers ensnared in the Libor-rigging scandal are facing fresh pressure to settle with Europe’s top competition authority as it expands the scope of its probes. In a speech on Friday in Paris, the EU’s competition commissioner will stress his determination to pursue the cases and ensure competition enforcement complements actions of global authorities against misconduct and corruption.

Joaqu?n Almunia’s speech is intended as a warning to financial institutions.

Former Virgin exec to head centre
Will Whitehorn, a former senior Virgin Group executive, is to chair a government innovation centre being created to devise integrated transport systems for export in a global market predicted to be worth ?900bn by 2025.

Reyl & Co opens London office
Reyl & Co, the Swiss private bank, has opened an office in London with a view to setting up a corporate advisory business, highlighting how a clutch of smaller banks are pushing into traditional investment banking activities.

THE TIMES

Mercedes and dealers fined
Mercedes-Benz and three commercial vehicle dealers have been fined ?2.6m by a competition watchdog for rigging the sale of vans and trucks around Britain.The Office of Fair Trading imposed the fines.

Dyson puts its faith in ?50m plant
Dyson is expanding its manufacturing in the Far East by taking production of its ground-breaking electrical motors in-house. The private company is to open its own production lines in Singapore.

The Daily Telegraph

Bankia to reveal largest loss
Nationalised Spanish lender Bankia is expected to reveal a ˆ19bn loss next week, the largest in the country’s corporate history. The bank has been struggling to sell assets since its bailout in 2012.

Merkel accused of unholy alliance
Angela Merkel has been accused of engaging in an “unholy alliance” with Britain after backing David Cameron’s demands for a cut to the European Union budget.

THE WALL STREET JOURNAL

Heinz profit slips
H.J. Heinz’s earnings slipped 5.3 per cent as the ketchup maker recorded a larger loss from discontinued operations, though organic sales continued to improve in emerging markets.

Nielsen aims to gauge online TV
Nielsen Holdings is taking a step towards extending its TV-ratings business to measure online viewing, aiming to gauge how much viewership has drifted away from traditional TV to online outlets.

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