Latest News

Investors want to review Australia's listing regulations, saying that the James Hardie-AZEK transaction will hurt.

Investors want to review Australia's listing regulations, saying that the James Hardie-AZEK transaction will hurt.

A group of investors called for the review of Australia's listings rules. They claimed it was "unreasonable", that companies could issue large amounts of shares without shareholder approval to fund acquisitions.

Investors wrote to the Australian Stock Exchange on Wednesday, stating that James Hardie's proposed $8.75 billion purchase of AZEK would dilute the interests of existing AZEK shareholders and "irreversibly alter their rights" without a vote.

Investors, including top pension funds AustralianSuper and UniSuper and institution investors Schroder Investment and Fidelity Australia, called on ASX to require shareholder approval for any share issuance over a certain threshold and for listing modifications.

Some of the ASX investors are also shareholders in AZEK and James Hardie. The letter has been reviewed.

They added that James Hardie's plan to move its primary listing from New York to Australia after the deal would reduce the ability of Australian shareholders to hold management accountable.

AZEK shareholders can expect to receive $26.45 cash for every AZEK share, and 1.034 James Hardie stock. The deal is expected to close during the second half 2025.

Investors said that a change in primary listing would permanently alter the rights of James Hardie's shareholders. There are differences between ASX and NYSE listing rules, which are harmful to James Hardie's shareholders.

They said: "We believe that this transaction is a reason for ASX to re-evaluate the use of discretion in such circumstances and update ASX guidance as well as the ASX listing Rules."

ASX, James Hardie, and AZEK have not responded to requests for comment. (Reporting and editing by Mrigank Dahniwala in Bengaluru. Adwitiya Shrivastava is based in Bengaluru.

(source: Reuters)