Attention Tony Carter,
Please refer :
http://www.airnewzealand.co.nz/asset...ing-Policy.pdf
Hi Tony,
You may remember me, I was the bloke asking lots of curly questions at the last Annual meeting and we spoke briefly after the meeting.
I am writing on behalf of a significant number of small shareholders that I have spoken with. There is general concern about recent senior management share sales in the week or so leading up to the release of information contained in the investor day presentation.
Shareholders spoken with note a significant SP decline in the four trading days of the week ending Friday 29th April (a drop of 32 cents per share) at a time that senior management were selling.
We also note a significant senior manager sale on Monday 2 May 2016 the day before the investor day presentation that we note was a price sensitive information release that contained what amounted to a profit downgrade for FY17.
We also note that Virgin issued a shocker quarterly result on Monday 2 May 2016 and there is speculation that senior management may have been privy to the general outlook at Virgin not being as healthy as the general market consensus view.
The overall tone of these transactions whether intended or not gives the impression of management selling just before the release of negative news and to be frank it is not a good look.
Some shareholders, myself included, struggle to reconcile senior management selling in the few trading days leading up to the price sensitive FY17 profit downgrade as being consistent with the company's own security trading policy, (see link above for your ease of reference) and in particular note that senior management were obviously involved in the preparation of the investor day material and were well aware that the company was about to issue a profit outlook that for all intents and purposes amount to an outlook downgrade.
I note that while it is conceded that AIR themselves had not previously issued formal guidance for FY17, nonetheless guidance when first issued on 3 May 2016 as part of the investor day presentation was materially lower than existing consensus analyst expectations. I further contend that a reasonable person would expect Air's senior management to be cognisant of that fact.
First things first. My primary goal here is to try and help the board improve its security trading policies so that Directors and Management avoid getting themselves into what could be seen as or perceived to be an insider trading situation.
May I respectfully make the following suggestion for an improvement to your existing security trading policy.
Where senior management are in the process of preparing investor material or any other press release that they or any person would reasonably consider to be price sensitive, (with the exclusion of normal monthly operating statistics) there needs to be a ban in place on securities trading.
I am hopeful the board are anxious to uphold the highest ethical standards so whether real or simply perceived this sort of general market perception is avoided in the future.
I also note that management selling occurred just before the shocker Q3 Virgin result and shock outlook statement for that company. This serves to only amplify shareholders concerns and taken together its a very poor overall look.
Please consider the above and advise if the board are prepared to consider strengthening the securities trading policy along the lines suggested above so as to ensure management are both seen too and perceived to be seen too upholding the highest ethical standards in the future.
The effort I have made here is I hope a catalyst for an improvement but if not as you would expect I reserve my right to lodge a formal complaint with the NZX or FMA.
I am happy to take your call to discuss informally once you've had a chance to discuss with the board.
Many thanks for your excellence governance and hopefully you good folks can see from a shareholders perspective where I am other shareholders are coming from in this matter.
Thanking you in anticipation of your careful consideration of this matter.
Yours faithfully
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