South Korean Appraisal

Can a block of appraisal demands derail a merger?  In South Korea, they certainly can. In the recent Hyundai-Mobis deal, involving a transfer of assets by Hyundai of assets from one Hyundai entity to another Hyundai entity, the deal contains a 9 percent “appraisal condition.” If 9 percent of shares demand appraisal, Hyundai may be forced to kill the deal – or else pay 2 trillion SKWon ($1.8BB USD).

We’ve posted before about appraisal ‘blow’ provisions. And mid last year, media reports speculated on whether appraisal filings (in that instance, looking at the US) would cause companies to take steps to address appraisal risk. With the Hyundai deal, we see an example of this in action.