Forum Topics RFT RFT #Shitshow

Pinned straw:

Added 5 months ago

Pretty normal day really, not much to report...

Firstly, great to meet you @BullsWool, luckily we were there with boots on the ground otherwise we would be flying completely blind.

Bear in mind all of this comes from a conversation with Nick Yeoh after the meeting, the actual formal meeting was a shitshow. The company secretary (I think a rep from the registry) had to chair the meeting, he fumbled his way through the resolutions that remained and closed the meeting once votes were cast. No business presentations or questions.

Afterwards, Nick said that earlier this week while checking the incoming votes they noticed a large voting bloc against the resolutions to re-elect Tino and appoint Nick and Jitto to the board. I suspect @Bushmanpat's rough calculations are correct with the shareholdings. It became quite clear what was happening, but no one knew why the Chair and his affiliated votes would drastically and suddenly revolt against fellow board members.

Nick hypothesised that the succession plan that was in place to have Jitto replace Ying Ming sometime next year was potentially the issue, but that is not confirmed. If so, why also vote against Tino and Nick?

The remaining board members met this morning and decided to resign. I don't think that was a good decision, from a corporate point of view I think it would have been better to accept the vote and deal with issues later on, but regardless that was what was decided.

That was really all Nick could share on the board situation. I don't believe anyone had communication with Ying Ming (who was at the meeting, I am not sure if that was a surprise or not) to find out what his intentions were.

Nick gave us an informal operational update. Other employees were there (as dumbfounded as everyone else) to chime in with any comments. Nick said they would "support" Tritium through their restructure, I took that to mean still supplying them but probably on a short rope. The new defence product will soon be released and would have been a focus of the business update plus an update on the megawatt charging with a new 200kw rectifier in early development.

A couple of other points to potentially clear things up:

The directors who resigned from the board have not resigned from the company. They are all still in their operational roles, but don't support the actions of the Chair (labelled hostile in the ASX announcement).

I don't believe Yanbin Wang the CEO is associated with Ying Ming Wang the Chair and these actions. They may have been in the past given Yanbin was appointed shortly after Ying Ming became Chair, but Yanbin remained after the meeting with the other board members and executive staff and has since resigned.

Given the board now doesn't comply with the Corp Act with everyone stepped down except for Ying Ming Wang, this is a probably a nuclear option but it forces a speedy resolution to what could be a long drawn out board spat. Hopefully Ying Ming Wang accepts his move has backfired and steps down from the board.

On top of that, the weather in Melbourne was shit. Got rained on walking to the meeting.

thunderhead
5 months ago

A "black swan" kind of event, which unfortunately is all too common in markets in general and this end of the market in particular - this is the price of taking on company specific risk.

I was getting interested in the company again after selling out on the last spike to 8c a couple of years ago, but the market's unwillingness to re-rate what was a reasonable trading update gave me pause for thought. It's a tough gig going against Mr. Market's opinion!

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Bushmanpat
5 months ago

Awesome summary @Wini I'm one of many who appreciate your insights. I suspect Rectifier the supplier of cutting edge charging components is still in pretty good shape whereas Rectifier the listed ASX company can't claim the same.

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Wini
5 months ago

Yep spot on @Bushmanpat. There may not be a quick and easy resolution to the issue, but it is good to see the leaders of the operational business sticking together, that part of the equation is still in tact.

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Solvetheriddle
5 months ago

@Wini good work making the effort to get to the AGM, looks like pretty important decision

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AlphaAngle
5 months ago

Thanks wini, appreciate the insight.

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Rick
5 months ago

Thanks for the great report @Wini. Do you have any idea what the process is once a listed business becomes ‘Board less’. How does the company go about finding new board?

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Rick
5 months ago

I just googled for information about company director resignations and found this article on Miller Harris Lawyers website https://www.millerharris.com.au/2021/03/04/resigning-as-a-director-dont-be-late-or-the-last/

According to this article, the last man standing cannot resign. It’s worth a read! Extract below:

Last Man (or Woman) Standing

A director’s resignation will now be rejected by ASIC if, at the end of the day on which a director resigns, there will be no other directors of the company. This measure is designed to prevent directors resigning to avoid the consequences of company insolvency.

Directors should be mindful of this where there is an internal dispute or financial difficulty.

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edgescape
5 months ago

Thanks good summary of the situation

I also hope this doesn't become an unnecessary distraction to the business.

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