Log in
E-mail
Password
Remember
Forgot password ?
Become a member for free
Sign up
Sign up
New member
Sign up for FREE
New customer
Discover our services
Settings
Settings
Dynamic quotes 
OFFON

MarketScreener Homepage  >  Equities  >  Tokyo Stock Exchange  >  Toshiba Corporation    6502   JP3592200004

TOSHIBA CORPORATION

(6502)
  Report
SummaryChartsNewsRatingsCalendarCompanyFinancialsConsensusRevisions 
SummaryAll NewsPress ReleasesOfficial PublicationsSector news

Exclusive: Japan kept activist investor in limbo over key Toshiba vote, sources say

share with twitter share with LinkedIn share with facebook
08/07/2020 | 11:20am EDT
FILE PHOTO: Logo of Toshiba Corp is seen as Window cleaners work on the company's headquarters in Tokyo

Activist fund Effissimo Capital Management, the biggest investor in Toshiba Corp, was kept in limbo by Japan's government over a key shareholder vote until the day before the industrial conglomerate's annual meeting, two government sources said.

The delayed approval to hold the vote on appointing outside directors to Toshiba's board illustrates how Japan's tighter rules on foreign ownership, introduced in June and designed to protect industries critical to national security, may also potentially be used to keep activist shareholders in check.

Some investors have said the changes could deter foreign capital from coming to Japan.

Effissimo, which owns around 10% of Toshiba, in May nominated its own co-founder, Yoichiro Imai, and two other candidates as outside directors for election to the board at the conglomerate's July 31 annual general meeting.

But under the new foreign ownership rules, Effissimo needed approval from the Japanese government to vote at the AGM for its co-founder to join the board of Toshiba, which is involved in nuclear power and defence equipment.

The government gave Effissimo a green light to vote on July 30, just a day before the meeting, the two government sources said, speaking on condition of anonymity because the information is not public.

The Ministry of Economy, Trade and Industry (METI) delayed its approval, one of the government sources told Reuters.

"Because METI wasn't able to forecast how much support (Effissimo's) proposal would get, some officials insisted it was better to delay the decision as much as possible," said this source.

"Approval was granted at the very last minute," the second government source said. "Was that best practice? I can't say it was."

Effissimo did not get enough support at the AGM for its proposal to put Imai and two others on Toshiba's board but still gained substantial backing with 43% of the vote, according to results released by Toshiba this week.

Effissimo and Toshiba declined to comment.

A METI official said: "Our reviews are made only from the viewpoints listed in the law: whether inward direct investment would cause national security to be impaired, the maintenance of public order to be disturbed, or the protection of public safety to be hindered."

He declined to comment on the timing of approval, length of review or how the case could impact foreign investor appetite for Japanese companies.

'BAD MESSAGE'

The tighter rules require foreign investors to report holdings in Japanese companies of 1% or more, compared with an original 10% threshold. This was introduced to monitor more effectively Chinese investment in Japan, government officials previously told Reuters.

But there are concerns the revised law could also be used to hobble overseas investors, particularly activist investors looking to shake up big companies.

"Factors other than genuine national security seem to be affecting the timing and substance of METI's decision," said Tokyo-based lawyer Stephen Givens. "To the extent that the process has been politicised in the case of Toshiba it sends a bad message to the foreign investment community."

Under the law, the government in principle has up to 30 days to review a foreign investor's plans, although it can be longer.

The first government source said Tokyo spent "well over 30 days" in Effissimo's case.

Singapore-based Effissimo was founded in 2006 by Imai and another former colleague of Yoshiaki Murakami, Japan's most prominent activist investor. Effissimo, which previously held 15% of Toshiba, has invested in a number of other Japanese companies.

Toshiba had opposed Effissimo's board nominees, including Imai, saying their skills were matched or exceeded by the existing board and their appointment would bring disruption.

Effissimo has said it wants to improve governance at Toshiba, which it says has not made progress since a 2015 accounting scandal.

The government has told overseas investors the revised law is not meant to dampen shareholder activism. Under Prime Minister Shinzo Abe's policies, Japan has moved towards improving governance and boosting shareholder returns.

But Tokyo's handling of Effissimo's vote left the impression that the law was being used to deter activists, the second government source said.

"Japan is competing with other markets for capital and for the interest of investors," said Nicholas Benes, a corporate governance expert.

"The more arbitrary and unclear their rules appear to be, the more people say, well, the Japanese market is just not as modern and sophisticated as we thought it was."

By Takashi Umekawa and Makiko Yamazaki

share with twitter share with LinkedIn share with facebook
All news about TOSHIBA CORPORATION
09/24EXCLUSIVE : Top Toshiba investor calls for inquiry in widening votes scandal
RE
09/24Toshiba top investor calls for probe as vote counting scandal widens
RE
09/24Toshiba top investor calls for probe as vote counting scandal widens
RE
09/24Mizuho Trust says found 22,848 voting forms uncounted in 371 clients
RE
09/24Sumitomo Mitsui Trust finds uncounted shareholder votes at 975 client firms
RE
09/24TOSHIBA : and Japan Semiconductor Develop Technology to Improve Reliability of P..
PU
09/22TOSHIBA : ESS, PXiSE, and Mitsui Sign Agreement of a Technology and Sales Allian..
PU
09/17UK looking at funding options for EDF's Sizewell C nuclear plant
RE
09/17SK HYNIX : Japan chipmaker Kioxia sets lower IPO price range than indicative pri..
RE
09/17TOSHIBA : Japan government contacted Toshiba shareholders before AGM - sources
RE
More news
Financials
Sales 2021 3 211 B 30 408 M 30 408 M
Net income 2021 91 370 M 865 M 865 M
Net cash 2021 245 B 2 317 M 2 317 M
P/E ratio 2021 13,1x
Yield 2021 0,98%
Capitalization 1 265 B 11 980 M 11 985 M
EV / Sales 2021 0,32x
EV / Sales 2022 0,29x
Nbr of Employees 125 648
Free-Float 93,2%
Chart TOSHIBA CORPORATION
Duration : Period :
Toshiba Corporation Technical Analysis Chart | MarketScreener
Full-screen chart
Technical analysis trends TOSHIBA CORPORATION
Short TermMid-TermLong Term
TrendsBearishNeutralNeutral
Income Statement Evolution
Consensus
Sell
Buy
Mean consensus OUTPERFORM
Number of Analysts 8
Average target price 4 076,00 JPY
Last Close Price 2 790,00 JPY
Spread / Highest target 86,4%
Spread / Average Target 46,1%
Spread / Lowest Target 11,1%
EPS Revisions
Managers
NameTitle
Nobuaki Kurumatani President, CEO & Representative Director
Satoshi Tsunakawa Chairman
Masayoshi Hirata Chief Financial Officer & Head-Accounting
Keiichi Yumita Head-Information Systems
Yutaka Sata Vice President-Research & Development
Sector and Competitors
1st jan.Capitalization (M$)
TOSHIBA CORPORATION-24.70%11 980
HONEYWELL INTERNATIONAL INC.-8.76%111 415
SIEMENS AG-4.17%105 045
3M COMPANY-9.15%92 405
ILLINOIS TOOL WORKS INC.7.24%60 811
GENERAL ELECTRIC COMPANY-45.25%53 045