Question
Larry Large (also known as Large Larry) started a business in the early 1990s involving direct marketing of a range of garden products. He operated
Larry Large (also known as Large Larry) started a business in the early 1990s involving direct marketing of a range of garden products. He operated through a proprietary company, Large Larry Pty Ltd. The business was quite successful, aided apparently by a media campaign featuring Larry himself. In 2011 he decided to dramatically expand the business and to change the operation from direct marketing to distribution of products through various retail outlets. In that year he converted the proprietary company into a public company (Large Larry Ltd). He now wants to raise $10 million in additional funds to assist with the expansion and also to retire some debt. One option that is being considered is to offer shares in Large Larry Ltd to a number of institutional investors. An alternative option is to 'float' the business, that is, offer the shares to the public and apply for listing on the Australian Securities Exchange (ASX). Larry is very upbeat about the company's prospects. He believes that with favourable economic conditions the company will double in size within a year. He approaches you and asks you to advise him on the following matters:
(a) What are the implications under Ch 6D of the two fundraising options being considered?
(b) If a decision is made to carry out a float and seek listing on the ASX, what type of disclosure document will be required and what type of information must it contain?
(c) Can Larry continue with, or upgrade, his current media campaign (he believes it will help generate public interest in any offering)?
(d) If the offer document includes forecasts consistent with Larry's view concerning the prospects of the company, what consequences could follow if the forecasts are not met? Are there any precautions in relation to disclosure that Larry, the board of directors and the advisers should take?
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