goodaye bandicoot,when a s/h becomes a "substantial s/h" that...

goodaye bandicoot,
when a s/h becomes a "substantial s/h" that s/h must notify the ASX.
A sub s/h is one whose "relevant interest" in the shares exceeds 5% of the issued capital of the coy.
then when that sub s/h increases that s/holding above that 5% they must notify the ASX each time.
I think they must make this notification within 3 days of that acquisition.
( I think that a sub s/h can make small additional acquisitions of about 1% without notification within a certain time frame -not sure there).

But wrt AGL/MOS, AGL acquired a "relevant interest" in the 12.8% of those shares, because it executed a pre-bid agreement with those s/h, and has the ability to direct the voting of those shares, and has an agreement to acquire those shares.

AGL has not actually acquired those shares yet - that acquisition is dependent upon the fulfillment of certain conditions - eg AGL actually making a formal offer to acquire all the shares, Board recommendation for the Scheme etc etc.

If you want to check what s/h AGL had prior to the pre-bid agreement, just add-up the shares which are the subject of the pre-bid agreement, and see if that total agrees with the total number of shares AGL states it holds in MOS (its all on that sub s/h notice).
AGL will only hold (or have a relevant interest in) those shares it has declared ie it would not try and cheat.

So I would suggest AGL did notify the ASX within the correct timeframe - you could check out the dates on the pre-bid agreement, but I would be surprised if AGL lawyers stuffed up.

As I keep clammering, the "lack of disclosure" relates to MOS Board not notifying us s/h of the discussions with AGL.

Forget valuations etc, the true loss of value occured because no one in the marketplace knew that a 3rd Party placed a material value on the SUGS project.
The MOS Board put that project (and all its work and expenditure) in the closet, and took it off the s/h agenda.

Absolutely scandalous, and now I realise, a continuation of the very poor management of the company.
Now (too late) I realise that all the complaints by s/h at the last 3 consecutive AGMs was exactly correct!

cheers