The Clico Policyholders Group (CPG) gave the thumbs-down yesterday to an attempt by William McConnell, former managing director of the Jamaica conglomerate Lascelles de Mercardo, to take control of the group. In a statement signed by its chairman, Peter Permell, CPG says that it had carefully reviewed the takeover offer documents released on Friday by McConnell through his special purpose vehicle, Black Sand Acquisition. Given the review, CPG said that it "cannot support what appears to be a calculated and overly ambitious attempt by its former managing director, William Mc Connell, to snap up the shares of this valuable CL Financial (CLF) subsidiary at knockdown/fire sale prices given the very vulnerable position in which the parent company has found itself."
The activist group said that "not only would such support be ill-advised but it would be tantamount to shooting one's self in the foot since, clearly, the end result would be a significant loss on an important asset earmarked by the January, 2009 MOU and the June, 2009 CLF shareholders' agreement to settle the liabilities of CLICO and British American policy holders." The group called on the CL Financial board to summarily reject the offer and advise all Lascelles shareholders accordingly, pursuant to their fiduciary responsibilities. The group claims that it does share the former MD's frustration and concerns regarding the handling of the debacle by the Government to date, as reflected in the following excerpt below taken from the offer document under the rubric "Reasons for the Offer" and is also calling on the Government to address these issues as a matter of urgency:
"...on July 22, 2011, the High Court in Trinidad ordered CLICO, a member of the CL Financial Group, to repay nearly US$10 million to six policy holders who brought law suits against that company. Similar suits by dissatisfied policy holders may follow. "The fact that the T&T Government did not fully bail out the CLICO policyholders but has forced them to accept payment over a twenty year period also suggests that it is unlikely that it will provide any further aid to CLICO or other members of the CL Financial Group in relation to the debt package as we believe it would be difficult to justify asking policy holders to take a substantial cut in policy sums contractually due whilst bailing out Lawrence Duprey and other CL share holders by paying-off or otherwise assisting CL Financial with its debts.
"In light of the above, Lascelles is the most obvious source of assistance for the ailing CL Financial Group. The massive dividend payment and the possible sale of the Carreras shares raise concerns as to the sustainable performance of the company. "It begs the question: Can the current board resist the temptation to act in the interest of the CL Financial Group or can they be trusted to act, as they should, in the wider interest of all Lascelles share holders as a whole? Previous attempts by the CL board to create a charge over the assets of Lascelles, to no discernible benefit of Lascelles or its minority share holders, were also troubling."
