Ontario Court Grants Injunction to Delay Vote in
1.04.1999, 17:06
Proposed KPMG Canada Merger / Arthur Andersen Must Extend
Deadline
TORONTO (ots-PRNewswire) - A Canadian court granted an
injunction to David Knight, vice chairman of KPMG Canada late
yesterday, ruling that Arthur Andersen must extend the voting
period for its proposed merger with KPMG Canada. The ruling sets
a new deadline of April 26, 1999 for partners of KPMG Canada to
consider the proposed deal before voting.
"We're greatly encouraged by the court's decision. It will
allow all of KPMG Canada's partners the time they need to give
this very complex proposal sufficient consideration," said Paul
Reilly, chief executive officer, KPMG International.
"I'm confident that it is one more positive step toward the
day when we can announce that KPMG Canada will remain a valued
member of the KPMG International family. We are going to continue
to have a major presence in the vital Canadian market," he added.
"The court's extension of the voting deadline to April 26
relieves the unfair and unrealistic time pressure imposed by the
original deadline of April 9 -- and enables us to reach all KPMG
Canada partners with the information they need to develop a
better understanding of the benefits that remaining with KPMG
will provide," Reilly said.
"In addition, an increasing number of KPMG Canada partners
have expressed their commitment to stay with KPMG, regardless of
the vote," Reilly said.
Judge J. M. Farley of Ontario Court's General Division in
Toronto said in his opinion late yesterday there "could be
irreparable harm if the April 9th deadline is enforced by Arthur
Andersen." Judge Farley said the granted injunction "would not
only allow partners the 30 day period contemplated by the
existing Partnership Agreement to reflect upon this fundamental
change, but also to discuss it with their colleagues."
David Knight, who filed the motion yesterday, told the Ontario
court, "I am not in favor of the Arthur Andersen proposed merger
and do not believe it is in the best interests of KPMG LLP
[Canada] to approve it. I intend to encourage the partners to
vote against the merger."
Knight pointed out that the April 9 voting deadline was set
"arbitrarily" and contrary to the firm's partnership agreements,
noting that Andersen provided only 12 days' notice to KPMG Canada
partners for a "complicated proposal with serious ramifications."
KPMG International's member firms have more than 6,700
partners and 92,000 professionals in 157 countries. KPMG's Web
site is http://www.kpmg.com. ots Original Text Service: KPMG
International LLP Internet: http://www.newsaktuell.de Contact:
George Ledwith of KPMG International, 201-505-3543
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