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Major investor left out in Korea Zinc investors' conference amid takeover fight

Korea Zinc held a. unique investors' meeting on Thursday to choose brand-new board. members, opening another chapter in a bitter fourmonth takeover. fight for the world's top refined zinc manufacturer.

In the meeting finally held after hours of delay, nevertheless,. Korea Zinc management stated its rival and significant investor Young. Poong does not have ballot rights, triggering. consternation from representatives of Young Poong and its. takeover partner, personal equity company MBK Partners.

Young Poong and MBK have actually been trying to wrest control. far from Korea Zinc's existing management, led by Chairman Yun. B. Choi, given that September and have generated a 40.97% stake in the. company, according to a December regulative filing.

Korea Zinc's Choi has actually an estimated 34.42% backing him,. according to local media.

Trying to control the board, Young Poong and MBK have. proposed 14 brand-new prospects, while Korea Zinc's management has. chosen seven. The company presently has 13 board members, with. one board member having actually tendered their resignation.

As the investors' meeting began, Korea Zinc management. stated Young Poong's shares would be omitted from ballot. Young. Poong had a 25.42% stake in Korea Zinc as of a December filing.

The factor mentioned for the exclusion was that entities related. to Korea Zinc sold a stake larger than 10% in Young Poong to. Korea Zinc's Australian system Sun Metals Corp (SMC) according to. a filing on Wednesday, creating a cross shareholding structure.

Korea Zinc stated in an emailed declaration that according. to South Korea's Commercial Act, due to the fact that a Korea Zinc subsidiary. has more than a 10% stake in Young Poong, Young Poong's stake in. Korea Zinc does not have voting rights.

MBK stated in its own declaration the Commercial Act provision. only uses to domestic companies and does not apply to SMC.

This is a grossly unjust choice, stated a lawyer. representing Young Poong and MBK in the investors' conference.

We will hold you responsible for the failure of a valid. shareholders' meeting, the lawyer said.

It was unclear what the result of Korea Zinc's relocation. will be.

The takeover fight has actually pitted members of Korea Zinc's 2. founding families against each other.

Choi, a grandson of the business's co-founder, had taken a. series of steps to attempt to prevent the takeover bid consisting of. promising to give its board more self-reliance by making way for. an outsider to become its chair, along with underscoring Korea. Zinc's function in the international supply chain for products outside. China.

MBK and Young Poong have actually said Korea Zinc's current board of. directors do not take into consideration investors' interests, and. swore to improve governance at the zinc refiner.

Responses have actually been divided. MBK and Young Poong have gotten. the backing of proxy advisor ISS, while Choi has actually gotten the. backing of proxy consultant Glass Lewis.

(source: Reuters)