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SEC orders more disclosure on DSGT tender offer



Thursday 15 September 2016 | No. 85 / 2016



Bangkok, 15 September 2016 ? The SEC has ordered North Heaven Private Equity Asia Company Limited, the tender offeror of DSG International (Thailand) Public Company Limited (DSGT), to disclose more information on the ultimate tender offeror as such information is material to the DSGT shareholders? decision making whether to accept or decline the tender offer.

The deadline for the additional disclosure is 19 September 2016.

On 5 September 2016, North Heaven filed a voluntary tender offer of DSGT securities for business takeover with the SEC. The initial disclosure of the tender offer, which was prepared by financial advisor Bualuang Securities Public Company Limited, lacked sufficient details of the ultimate tender offeror and contained no information on the identity of the shareholders or the person(s) with the ultimate power of control of the tender offeror. In addition, it was found that disclosure of certain topics in the tender offer documentation was unclear.

The SEC therefore ordered North Heaven to make the additional disclosure of the tender offer to ensure that the information given to the public is correct and complete. If the offeror fails to meet the deadline on September 19, the tender period will be extended for at least 15 days. So will the acceptance withdrawal period until the additional disclosure is completed.