My understanding from the general press is that her plan was to have HYBE sell their shares by letting them think they could monetise on their investments while reducing their stake to a level where they’d still be the largest shareholder, i.e. that scenario assumes Hybe voluntarily sells, thinking they’re safe from any actual risk. It is unlikely that Hybe would have done that anyway as you said, so this accusation from Hybe just sounds suspicious to me.
Also, I’m not familiar with SK’s law, but how can management establish a subsidiary with outside investor money without Board approval? Are there any precedent for this? It doesn’t sound legal either.
But that is exactly my point!
plan A for someone who owns 20% of company is absolute legal impossibility, it is in the league with flat earth conspiracy theories. Hybe position is of absolute strength in this case. She cannot do anything. I checked regular news and they are not talking about her attempt to take over Ador, but to SELL her shares and make spin off (while trying to poach NJ I guess which would be another illegal and prohibited action due to her current management contract and shareholder position).
Plan B - Taking over NJ from Ador would be qualified as asset stripping and she would be exposing herself to it on two fronts as management and as shareholder. This is very serious and legally punishable situation for her, it cannot be legally compared to 50/50 and The Givers.
The whole case simply does not make sense as presented, and even most junior corporate lawyer would tell her that’s nonsense idea. I also discovered that ‘take over’ that is mentioned in AKP often as take over of the company in regular news is mentioned as take over of the management rights which is completely different thing.
In reality, Hybe should have been undisturbed with whatever she was trying to do. Their position in this particular case is of utmost superiority. Both Plan A and Plan B are nonsense, Plan A is legally and technically impossible, Plan B is highly irregular and of course punishable. Hybe would be even better off if she planned that to allow her to make a move, as she would be sent straight to the jail in that case. Now they jumped ahead of her making a move. Or may be Hybe just wanted to squeeze her out. She can be fired anytime, but her shares cannot be taken away from her easily. May be she’s stupid and tried to do smth stupid. I have no clue. But what is written in these articles, as it is written, simply does not make sense. Either some important info is missing, or smth completely different is happening
I might be misunderstanding what you meant but plan A as you describe it doesn't make sense. She can't spin off ADOR if she sells her shares, she can only spin off if HYBE sells their shares in ADOR down to below 50%.
So what's going on is she's being accused of talking with PE firms to have HYBE sell part of their stake to them. My understanding is that those PE firms would have bought something like 30-35% of shares. Once she consolidates her 18% with those PE firms (and potentially the remaining 2% held by other executives), they could act in concert and spin off.
Still seems far-fetched to me though.
Comments about Plan A And B are related to the OP, they are not mine, these are my comments to the comment, Clearly Hybe is not selling their shares, she has absolutely no way to sell Hybe’s shares. People are mixing management board level and shareholders level, only shareholder can sell their shares, no board can sell Hybe shares or issue new shares to dilute them, board cannot even take substantial debt or sell assets without shareholders approval. there is absolutely no way for that to be done, that’s why it is absolute nonsense. Theory about spin off comes from main media. There is legal possibility albeit super complex to do that. Management can approve establishing ofsub without shareholders with other investors money but cannot transfer any assets to the spin off. And yes I agree it sounds crazy but at least that is legally remotely possible. Selling hybe shares or diluting them is absolute impossibility
.