Tuesday, 23 July 2013

The CURIOUS CASE of Bayer CropScience BUY BACK

The Board of Bayer Cropscience made an open offer to buy back 2,879,746 equity shares of Rs 10 each from all shareholders of the company at a price of Rs 1,580 per share. This aggregates to around Rs 455 crore.
The stock price of the company, which had closed at Rs 1748.95 on Monday, tumbled 8.65% to Rs 1597.65 on Tuesday after the announcement, as the indicative buy back price was lower than the prevailing market price.
While this is being seen as pure buyback by the company, it is in fact a back door attempt to raise the stake of the promoters to 75% using the company resources.
It is perfectly legal to do a buyback of shares. And promoters have used in the past to indirectly hike their stake by resorting to buyback.
Let’s take an example of a company, which has an equity capital of Rs 100 crore with promoters holding at 55% and Public holding at 45%. The company then makes an open offer to buy back 25% of its equity capital. After the buyback, the company’s equity capital will reduce by Rs 25 crore to 75 crore, if the promoters do not participate.  Their shareholding in the company would go up to 73.33% from the 55%. The public shareholding will come down to 26.67%.
Investors should note, the company’s cash has been used for this but the promoter’s equity share holding percentage has gone up from 55% to 73.33%. From a shareholder’s perspective, this is seen as an investor friendly move on two counts:
·         He gets an exit.
·         The EPS of the company goes up as the number of shares gets reduced.
But for Bayer Cropscience shareholders, the buyback price wasn’t attractive as it came at a discount to the prevailing market price. The company could very well have come out with a higher buy back price.
This is also not keeping in line with the current trend of the market where MNCs are raising their stakes at a premium to the market price. Remember Hindustan Unilever, where the Anglo-Dutch parent offered to raise its stake in the company to 75% at a premium of more than 22% to the then prevailing market price. 
GSK Consumer had offered to raise its stake at a 39% premium to the prevailing market price.
Bayer may say that we are not raising our stake as promoters may also participate in the buy back. If everyone participates, then the share holding pattern will not change. The company is right.
Let’s understand the math here.
The buyback of 28.8 lakh shares of the company represent just 7.29% shares. If the promoters don’t tender, their shareholding will go up to 77.10%.  This will exceed the permitted promoter holding limit of 75% and an OFS will have to follow later.
Our sense is that promoters have retained the right to participate in the buyback just to ensure that they can sell the desired amount of shares, which will be just enough to ensure that the promoter’s stake is within the 75% permissible limit.

So this is nothing but a back door way of raising the promoter’s stake. And this is being done at a lower price than what the market price was. This is not an investor friendly measure. The company is flushed with funds after the Thane Land sale last year. The price could very well have been higher. After all the company was only using shareholders’ funds for that.
Written by VK Sharma

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