Response to ASX Query re:Share Price NEW TEL LIMITED 2000-01-06 ASX-SIGNAL-G HOMEX - Perth RESPONSE TO ASX QUERY
Further to the Company's request dated 5 January 2000 for a trading halt under Listing Rule 17.1, the Company wishes to provide the following market update.
The Company announced to ASX on 31 December 1999, the Chairman's address to the General Meeting of shareholders, which further outlined the Company's program with regard to Internet sites in China, and the ratification and approval by shareholders of a number of share issues including the placement of 11 million shares in order to provide working capital for the due diligence and assessment of the proposed China Internet project. Full details of the proposed China Internet project were released to the market in the market announcement on 23 November 1999.
The Company's securities are also listed on the Nasdaq stock market in the United States in the form of American Depository Receipts (ADRs). The announcement made by the Company on 31 December was released simultaneously to ASX and Nasdaq markets at opening of trading on ASX on Tuesday 4 January 2000. Notwithstanding that the majority of the Company's securities are presently traded on ASX, the announcement received immediate extensive news wire service coverage in the US resulting in increased investment in the ADR market. This necessitated the purchase by the Company's ADR transfer agent of additional shares from the Australian market to meet the US demand.
With respect to specific questions raised by ASX the Company responds as follows:
Q1. We note that the Chairman's Address to the general meeting of shareholders held on 31 December 1999 contains the following statement.
"Through our association with key Chinese government businesses, we will be uniquely positioned to access a market that is forecast to be worth over $12 billion by 2002". Can the Company please explain the basis on which this statement was made.
As previous announced to ASX on 23 November 1999, the Company has entered into an acquisition agreement with Xinhua Holdings Limited involving a group of key Chinese government businesses, New Tel took a conservative approach to industry information from a report by Paul Budde Communication Pty Ltd, a leading provider of telecommunications industry statistics.
2. The Chairman's Address also states:
"Our CEO Mr Peter Malone has also recently returned from a series of meetings and presentations in the US where he experienced first hand the high level of interest and enthusiasm about our company's plans in China. It is this level of enthusiasm that we believe is seeing a re-rating of the Company's stock price."
(a) Can the Company please clarify what material was presented at these meetings and presentations.
The meetings and presentations that are referred to were part of the Company's 1999 investor relations programme, which covers both Australian and US markets. These meetings typically involve a number of interested investors, fund managers, brokers and analysts who
attend a formal presentation arranged by the Company and its US investor management consultants.
The meetings and presentations took place between 11 and 13 December 1999. The format was the same slideshow presentation that was given at the launch of New Tel's internet project in Sydney on 23 November 1999, a copy of which is also available on the Company's website www.newtel-limited.com.
Standard investor packs were provided at these meetings and presentations, which contain a New Tel 1999 Annual Report and current Corporate Profile. In addition to this information, a copy of the ASX and media release as provided to ASX on 23 November 1999, was also included.
b) Can the Company clarify whether any information was presented in the course of these meetings and presentations which has not been released to the market generally.
The Company confirms that no additional information was presented in the course of these meetings and presentations which has not been released to the market generally.
(c) If no information other than information which has been publicly released was presented during these private briefings, what explanation can the Company offer for the sudden increase in buying interest from US investors?
As advised in point 2 (a) above, the meetings and presentations held in the US three and a half weeks ago were part of the Company's investor relations programme, and were not private analyst briefings.
The Company suggests that the sudden increase in buying interest from the US may have been a result of the EGM on 31 December 1999, and the content of Chairman's address that was released to ASX and Nasdaq. At the EGM, shareholders passed all resolutions relating to the placement of shares to fund the assessment phase of the internet project in China, thus confirming the Company would now be in a position to finalise documentation required for acquisition of the internet assets and placement of additional equity. The EGM announcement received immediate extensive news wire service coverage in the US.
(d) We request that the Company provide a copy of any materials used in these private briefings.
The investor pack, ASX and media release, and the slideshow presentation are in a form that cannot be easily faxed and therefore have been delivered separately to ASX copies are available to the market on request.
3. We refer to an article on page 53 of The West Australian today, 5 January 2000, concerning the Company (copy attached)
"In the US on Monday [3 January 2000] where New Tel is part of the Nasdaq composite index, the stock nearly tripled in after-hours trading thanks mostly to the Xinhua deal leading broadcaster CNN's evening business report."
Can the Company please confirm whether such a news item concerning the Company was broadcast as stated. Can the Company advise whether information which had not been released to the market was available to the media at the time stated.
The Company is unable to confirm the content of the news broadcasts on CNN on 3 January 2000 as it has not been able to obtain copies of transcripts for CNN news on that day. The Company did not provide CNN with any information and has not provided any information to any media that has not been already released to the market.
4. We refer to an article in The Daily Telegraph today, 5 January 2000 (copy attached). The article states:
"The leaps [in the Company's share price] here and abroad came after Ray Dicks, a New York analyst credited with recommending 10 stocks that have risen 10,000 per cent, endorsed New Tel on an American financial news television channel.
In November, Mr Dicks, who works for Security Capital Trading, issued a 'strong buy' recommendation on New Tel stock saying the Company had the potential to be the dominant Internet Service Provider (ISP) in the region.
"New Tel has the potential to become the America Online of Asia", Mr Dicks said at the time, adding that New Tel could exceed $5 a share.
"Ray Dicks just made people aware that New Tel is as big as China.com and Yahoo", two of the region's leading internet businesses, said Robin Armstrong, the corporate head of stockbroker Findlay & Co.
Findlay & Co is working on research that will assert New Tel shares "will easily go to $5".
Findlay's research project will be based on first-hand knowledge of the China project. Last week, its managing director Ivor Findlay joined New Tel's chief executive officer Peter Malone in a trip to China and Hong Kong to assist with presentations to brokers. Mr Dicks got his information from Mr Malone, too.
In early December, Mr Malone conducted a number of one-to-one briefings with US analysts to explain what was happening in China.
Yesterday's share price surge did not surprise New Tel, said public affairs manager Yvonne Polski, who added it was a 'response' to the private analyst briefings".
We requested that Company's comment on this article, with particular reference to the following matters:
(a) Can the Company confirm whether the Company's shares were "endorsed" by Mr Dirks in the manner stated.
The Company has not been able to obtain copies of transcripts for any American financial news television channel and therefore cannot confirm that the Company's shares were "endorsed" by Mr Dirks in the manner stated.
(b) Can the Company confirm whether Findlay & Co has prepared a research report as stated; and whether the information on which that research report has been released to the market.
The Company is aware that Findlay & Co is in the process of preparing a research report on New Tel, however we understand that this report has not been finalised or published. The Company has provided Findlay & Co with information that has previously been released to the market, including financial reports and ASX/media releases.
(c) Can the Company clarify what material was presented to brokers in China and Hong Kong by Mr Malone and Mr Findlay; and whether any information was presented in those briefings which has not been released to the market.
The format for the meetings held in China and Hong Kong was the same slideshow presentation that was given at the launch of New Tel's internet project in Sydney on 23 November 1999, a copy of which is also available on the Company's website www.newtel-limited.com.
Standard investor packs were provided at these meetings and presentations, which contain a New Tel 1999 Annual Report and current Corporate Profile. In addition to this information, a copy of the ASX and media release as provided to ASX on 23 November 1999, was also included.
The Company confirms that no information was presented in the course of these meetings and presentations which has not been released to the market generally.
(d) Can the Company clarify the comment of its public affairs manager that yesterday's price increase was a 'response' to the private analyst briefings.
In response to a question asked by the journalist regarding the increase in share price and whether this related to meetings held by CEO Mr Peter Malone in the US, Ms Polski-Furlan attributed the rise to an understanding in the US and Australian markets of the activities of the Company further to the investor relations activities undertaken in the US in early December 1999, to the launch of New Tel's internet strategy in Australia on 23 November 1999, and the announcements to ASX and Nasdaq regarding the EGM held on 31 December 1999. The comment reported in the article was therefore taken out of context of the overall discussion.
(e) Can the Company provide a copy of the materials used in these private analyst briefings.
As with the meetings and presentations held in the US, the meetings held in China and Hong Kong were part of the Company's investor relations programme, and were not private analyst briefings.
The investor pack, ASX and media release, and the slideshow presentation are in a form that cannot be easily faxed and therefore have been delivered separately to ASX. Copies are available to the market on request.
The Company is not aware of any new or additional information that it is about to announce or is price sensitive that should be announced to security holders or to the market. In addition to the above responses, the Company confirms to the ASX that in all other respects it is in compliance with the listing rules and in particular Listing Rule 3.1.
C Piercy COMPANY SECRETARY ------------------------------------------------------ MORE TO FOLLOW ------------------------------------------------------ Response to ASX Query re:Share Price
NEW TEL LIMITED 2000-01-06 ASX-SIGNAL-G HOMEX - Perth ASX QUERY
We refer to the recent discussions between New Tel Limited (the "Company") and Australian Stock Exchange Limited ("ASX) on the subject of the recent increase in the Company's share price. We refer also to our letters dated 4 January 2000 and 5 January 2000, which we have consolidated in this letter for the purpose of release to the market.
Australian Stock Exchange Limited ("ASX") has noted a change in the price of the Company's securities from $1.21 on 30 December 1999 to a high of $2.31 on 4 January 2000.
We regard timely disclosure of relevant information as of prime importance in the operation of an efficient market. Listing rule 3.1 is a particularly important listing rule. It is part of ASX's continuous disclosure regime and is based on the following principle:
Timely disclosure must be made of information which may affect security values or influence investment decisions, and information in which security holders, investors and ASX have a legitimate interest.
In the absence of any information which explains the price change referred to above, we wish to make the following enquiries;
1. Are any matters of importance concerning the Company about to be announced to securityholders and/or the market? If so, can an announcement be made immediately?
2. Is the Company aware of any information concerning it which, had it been available to the market, might reasonably be regarded as an explanation for recent trading in the securities of the Company?
3. Is the Company able to offer any other explanation for the price change in the securities of the Company?
4. Can the Company confirm to ASX that it is in compliance with the listing rules and, in particular, listing rule 3.1?
In addition to the above, ASX requests that the Company provide responses to the following specific questions.
1. We note that the Chairman's Address to the general meeting of shareholders held on 31 December 1999 Contains the following statement.
"Through our association with key Chinese government businesses, we will be uniquely positioned to access a market that is forecast to be worth over $12 billion by 2002."
Can the Company please explain the basis on which this statement was made.
2. The Chairman's Address also states:
"Our CEO Peter Malone has also recently returned from a series of meetings and presentations in the US where he experienced first hand the high level of interest and enthusiasm about our company's plans in China, It is this level of enthusiasm that we believe is seeing a re-rating of the Company's stock price."
* Can the Company please clarify what material was presented at these meetings and presentations.
* Can the Company clarify whether any information was presented in the course of these meetings and presentations which has not been released to the market generally.
*If no information other than information which has been publicly released was presented during these private briefings, what explanation can the Company offer for the sudden increase in buying interest from US investors?
We request that the Company provide a copy of any materials used in these private briefings.
3. We refer to an article appearing on page 53 of The West Australian today, 5 January 2000, concerning the Company (copy attached). The article states;
"In the US on Monday [3 January 2000], where New Tel is part of the Nasdaq composite index, the stock nearly tripled in after-hours trading thanks mostly to the Xinhua deal leading broadcaster CNN's evening business report."
Can the Company please confirm whether such a news item concerning the Company was broadcast as stated. Can the Company advise whether information which had not been released to the market was available to the media at the time stated.
4. We refer to an article appearing in The Daily Telegraph today, 5 January 2000 (copy attached), The article states:
"The leaps [in the Company's share price] here and abroad came after Ray Dirks, a New York analyst credited with recommending 10 stocks that have risen 10,000 per cent, endorsed New Tel on an American financial news television channel."
In November, Mr Dirks, who works for Security Capital Trading, issued a 'strong buy' recommendation on New Tel stock, saying the company had the potential to be the dominant Internet Service Provider (ISP) in the region.
'New Tel has the potential to become the America Online of Asia', Mr Dirks said at the time, adding that New Tel could exceed $5 a share.
'Ray Dirks just made people aware that New Tel is as big as China.com and Yahoo)", two of the region's leading internet businesses, said Robin Armstrong, the corporate head of stockbroker Findlay & Co, Findlay & Co is working on research that will assert New Tel shares 'will easily go to $5'.
Findlay's research project will he based on first-hand knowledge of the China project. Last week, its managing director Ivor Findlay joined New Tel's chief executive Peter Malone on a trip to China and Hong Kong to assist with presentations to brokers. Mr Dirks got his information from Mr Malone, too. in early December, Mr Malone conducted a number of one-on-one briefings with US analysts to explain what was happening in China. Yesterday's share surge did not surprise New Tel, said public affairs manager Yvonne Polski, who added it was a 'response' to the private analyst briefings."
We request the Company's comment on this article, with particular reference to the following matters:
* Can the Company confirm whether the Company's shares were "endorsed" by Mr Dirks in the manner stated.
* Can the Company confirm whether Findlay & Co has prepared a research report as stated; and whether the information on which that research report has been released to the market.
* Can the Company clarify what material was presented to brokers in China and Hong Kong by Mr Malone and Mr Findlay; and whether any information was presented in those briefings which has not been released to the market.
*Can the Company clarify the comment of its public affairs manager that yesterday's price increase was a 'response' to the private analyst briefings.
* Can the Company provide a copy of the materials used in these private analyst briefings.
Please provide your responses to these questions, in a format suitable for release to the market, to the undersigned on facsimile 9291 2020. We would appreciate your response on each of these matters being as full and detailed as possible.
Should you have any queries on this letter, please do not hesitate to contact the undersigned on 9224 0013.
John Moran LISTINGS OFFICER |