General Meeting Of Shareholders Of May 27 2014: Fill & Download for Free

Procedure for Conversion of Private Company into Public Company under Companies Act, 2013Applicable Sections: Section 14 read with section 18 of the Companies Act, 2013 read with Rule 33 of Companies (Incorporation) Rules, 2014.Section 18 of the Companies Act, 2013 allows an existing Company to convert itself as a Company of other class by altering its memorandum and articles of association in the manner prescribed in Chapter II of the Companies Act 2013. Section 13 provides for alteration of Memorandum of Association whereas Section 14 provides for alteration of Articles of Association.Secretarial procedure1. Calling of Board Meetinga. Issue notice in accordance with the provisions of section 173(3) of the Companies Act, 2013, for convening a meeting of the Board of Directors.b. Pass a board resolution to get approval of Directors for conversion of a Private company into a public company by altering the AOA.c. Fix date, time and place for holding Extra-ordinary General meeting (EGM) to get approval of shareholders, by way of Special Resolution, for conversion of a Private company into a Public company.d. To approve notice of EGM along with Agenda and Explanatory Statement to be annexed to the notice of General Meeting as per section 102(1) of the Companies Act, 2013.e. To authorize the Director or Company Secretary to issue Notice of the Extra-ordinary General meeting (EGM) as approved by the board under clause 1(c) mentioned above.2. Issue of EGM Notice: Issue Notice of the Extra-ordinary General meeting (EGM)3. Holding of Extra Ordinary General Meeting: Hold the Extra-ordinary General meeting (EGM) on due date and pass the necessary Special Resolution, to get shareholders’ approval for Conversion of Private Company into a Public company along with alteration in articles of association under section 14 for such conversion.4. File form MGT-14 for filing special resolution passed for conversion of Private Limited in to a public limited with ROC.Attachments of E-form MGT.14:i. Notice of EGM along with copy of explanatory statement under section 102;ii. Certified True copy of Special Resolution;iii. Altered memorandum of association;iv. Altered Articles of associationv. Certified True copy of Board Resolution may be attached as an optional attachment.5. File form INC-276. Attachments of E-form INC-27:i. It is mandatory to attach Minutes of the member’s meeting where approval was given for conversion and altered articles of association.ii. Altered Articles of Association;iii. Certified True copy of Board Resolution may be attached as an optional attachment.iv. Other information if any can be provided as an optional attachment(s).

Liquor baron Vijay Mallya, President & Chairman, Kingfisher Airlines Ltd. File photo: K. Gopinathan | The HinduKingfisher, the ailing airline has been on life support from the banking sector and it has managed to fund much of the business with outside money. File photo: E. Lakshmi Narayanan | The HinduFigures in Rs. crore. Source: BSEKingfisher Airlines was set up in 2003 but hasn't seen a single year of profit since it got listed in 2006.Let’s take a look at how the airline put the liquor baron Vijay Mallya on the rocks.May 9, 2005: Kingfisher Airlines’ maiden flight takes off. Alex Wilcox, CEO of Kingfisher, said the airline would not adopt the low-cost, no-frills model but chart the middle course.June 30, 2005: Becomes the first and only Indian carrierto order the Airbus A380. Orders five A380s (cancelled subsequently), five A350-800s and five A330-200s for over $3 billion.May 8, 2007: Vijay Mallya eyes stake in Air Deccan.June 2, 2007: Vijay Mallya buys over the crisis-ridden no-frills Air Deccan owned by Capt Gopinath in 2007. The merged group plans to save up to Rs. 300 crore on costswith a combined fleet strength of 71 aircraft. Through a reverse merger, Kingfisher Airlines became Air Deccan and once the entire acquisition was completes with necessary approvals from the regulator SEBI in place, Mr. Mallya quickly changed the airline's name back to Kingfisher Airlines in 2008.August 31, 2009: Kingfisher’s board approves aresolution to raise $100 million (nearly Rs 487.8 crore) by various instruments including Global Depository Receipts (GDRs). This was in addition to in addition to the decision for induction of capital for an amount not exceeding Rs 500 crore by a rights issue of equity shares taken on July 28.November 4, 2009: Kingfisher reports a net loss of Rs 418.77 crore during the second quarter of the fiscal. Its income from operations also declines by 13.6 per cent during the quarter compared to the same period last year.In view of the huge losses and capacity reduction, Kingfisher decides to lay off nearly 100 pilots. The air-carrier later hiked fuel surcharges.March 15, 2010: Despite operating losses, Kingfisherannounces flight to Europe.September 30, 2010: Kingfisher Airlines appoints Sanjay Aggarwal as CEO. Mr. Aggarwal is the former CEO of SpiceJet. Mr. Mallya also announced that staff would be pruned.November 25, 2010: Kingfisher Airlines Board approves debt recast package. The airline’s debt stood at over Rs 6,000 crore.September 15, 2011: The company’s auditors submit an annual report for 2010-11 which pointed out that the loss-making air carrier’s accumulated losses at the end of the financial year were more than 50 per cent of its net worth.September 28, 2011: Vijay Mallya decides to exit low-cost business.November 13, 2011: The airline, with a debt of around Rs 6,500 crore, looks at cutting costs and taking several steps to face the challenging times.November 15, 2011: Kingfisher Airlines loss doubles to Rs.469 crore for the September 2011 quarter.November 20, 2011: Vayalar Ravi says that the Centre hasno plan for any package to salvage the airlines.December 1, 2011: Mumbai International Airport Pvt. Ltd.sends a notice to the cash-strapped airlines to pay the Rs.90-crore outstanding dues.December 9, 2011: The Service Tax Department freezes11 accounts of Kingfisher Airlines for non-payment of Rs.70 crore.December 14, 2011: Govt de-freezes bank accounts after part-payment of the service tax dues.February 16, 2012: Kingfisher Airlines, reports a loss of Rs.444.26 crore at the third quarter results for 2011-12.February 20, 2012: Kingfisher Airlines cancels several of its flights after reports of the Income-Tax Department freezing some of its accounts.February 23, 2012: The carrier operates a truncated schedule and faced the prospect of losing a number of prime flying slots.March 8, 2012: Another blow to Kingfisher with International Air Transport Association asking travel agents to immediately stop booking tickets on the private airline's behalf for failure in settling dues since February.March 12, 2012: Furthertrouble, as employees protest delays in salary payment.March 14, 2012: Vijay Amritraj resigns from Kingfisher board.March 15, 2012: Kingfisher announces curtailing of its international operations.March 17, 2012: Revenue dept. threatens to take Kingfisher Airlines to court over alleged service tax evasion, saying the company has not deposited taxes it collected from travellers.March 19, 2012: Anil Kumar Ganguly, the only independent director on the board of Kingfisher Airlines,quits the company, leaving it with only three board members.March 20, 2012: Mr. Mallya explains the airline's position to the Directorate-General of Civil Aviation (DGCA) following summons and says that it is suspending all its international operations.March 27, 2012: Burdened by a debt of over Rs.7,000 crore, the airline suspends operations from Kolkata, Hyderabad, Patna, Lucknow, Thiruvananthapuram and Bhubaneshwar. The airline operated about 120 daily flights by this date, down from more than 400 earlier.March 28, 2012: The airlines inducts three independent directors in its board to comply with the listing norms.April 2, 2012: The company’s staff threaten to go on strike, demanding payment of salary dues.April 3, 2012: The standoff ends with the protestors accepting the assurance given by Mallya.April 9, 2012: Employees, including pilots and engineers,receive salaries after a delay of nearly four months.May 11, 2012: Kingfisher flights cancelled after the pilots report sick to protest non-payment of salaries.June 27, 2012: Kingfisher shares tumble over 13%following reports that 34 aircraft have been possessed due to non-payment of lease rentals.July 5, 2012: A 15-day time was given by the company’s lenders to come up with a plan to improve its operations. The airlines had a total outstanding debt of around Rs.7,500 crore to a consortium of 17 banks led by State Bank of India (SBI).July 14, 2012: Pilots go on strike against the non-payment of wages for almost five months.July 18, 2012: Minister for Civil Aviation Ajit Singh rules out bailout of Kingfisher Airlines.August 8, 2012: A section of its employees strike and 15 flights were cancelled.August 18, 2012: A section of pilots of the near-bankrupt airlines go on strike, second time in a month, demanding immediate payment of March salaries, leading to cancellation of seven flights from Mumbai.September 4, 2012: Chairman Vijay Mallya givesguarantees worth Rs. 5,904 crore for the carrier’s loans and other liabilities in 2011-12, but did not get any commission for the same because of lenders’ opposition.September 6, 2012: A section of the company’s engineers go on strike demanding payment of salaries. The airlines’lenders ask Mallya to spell out the airline’s revival plan by the end of the month.September 9, 2012: Pilots from both Delhi and Mumbaithreaten to strike work as part of mass agitation for immediate disbursal of salaries.September 26, 2012: Mr. Mallya announces that the carrier was in talks with overseas airlines for investment.September 28, 2012: Turning down a request for Rs.200-crore working loan by Kingfisher, the State Bank of India-led lenders consortium, asks SBI Capitals to chalk out a fresh revival plan for the cash-strapped airline in the next 2-3 weeks.October 1, 2012: Unpaid staff protest in Delhi, Mumbai and other airports and almost all of Kingfisher’s flights from all stations were cancelled as engineers did not certify the planes to fly.October 2, 2012: The carrier declared partial lock-outfollowing a strike by a section of its employees.October 4, 2012: Uncertainty continues over Kingfisher resuming operations.October 5, 2012: Banks give lifeline to the carrier, agreeing to release Rs.60 crore locked in an escrow account to pay employees’ salaries.October 6, 2012: DGCA issues show-cause notice to Kingfisher asking why its flying permit should not be suspended or cancelled.October 9, 2012: DGCA asks Kingfisher to stop ticket bookings, following reports that the airline planned to resume normal operations from October 13.October 12, 2012: Commercial banks which had lent over Rs.7,000 crore to the airlines, closely monitor the situation and tighten the noose around its promoter to protect their interest.The airlines further extends its partial lock-out until October 20 as it could not persuade the striking employees to join back duty without getting any salary.A non-bailable arrest warrant issued against Vijay Mallya, and four other directors for non-appearance in cases relating to bouncing of cheques issued in favour of GMR Hyderabad International Airport Limited (GHIAL) towards user charges.October 20, 2012: The airline’s permit got suspended and experts said Vijay Mallya’s United Breweries group needs to pump in over Rs. 3,000 crore to get Kingfisher airborne again as no foreign operator would come forward to invest in the airline in its present state.October 24, 2012: Employees reject the management’s fresh offer and demand payment of four months’ backlogin lumpsum before October 26.October 25, 2012: Engineers, technicians and pilots call off their 26-day strike and agreed to join work immediately by accepting the management’s offer of disbursal of three months salary.October 30, 2012: Vijay Mallya meets Civil Aviation Secretary K.N. Srivastava on the airlines’ revival plan and its intention to resume operations as soon as possible.November 1, 2012: The airlines pay April salary to its employees and the salary for March was paid the moment the employees called off their strike on October 25.November 9, 2012: The company’s Q2 loss widens to Rs. 754 crore, as compared to a net loss of Rs.469 crore in the corresponding period in the previous year.November 10, 2012: Mr. Mallya loses Royal Challenge when international liquor major Diageo announced its decision to acquire 53.4 per cent stake in Vijay Mallya-owned United Spirits Ltd. (USL) for Rs.11,166.50 crore.November 16, 2012: The company starts paying salariesto employees in batches and employees with low salaries received their May wage.December 5, 2012: Trying to help revive Kingfisher, says SBI, the lead banker in the 17-lenders consortium that extended Rs 7,000 crore loans to the carrier, and said that the banks are trying to do everything to find an amicable solution to the carrier’s financial troubles.Karnataka High Court directs Kingfisher to deposit 50 per cent of the total amount of Rs.371 crore that the company is required to remit to the Income Tax Department as tax deducted at source (TDS) from its employees and payments made towards company expenses.December 20, 2012: Kingfisher applies for renewal of its licence that would expire on December 31.December 25, 2012: The Airlines submits an interim revival plan to the DGCA, seeking approval to take to the skies once again after being grounded for almost three months.December 31, 2012: The carrier loses its flying licence as the DGCA refused to renew its Air Operator Permit (AOP).January 9, 2013: The company flies into more trouble, with its employees planning to head to court, a move that came after the management delayed in paying pending salaries.January 10, 2013: The airlines’ Chairman Vijay Mallyaappeals to his staff to stay on board, telling them that he was planning a limited restart with seven aircraft.January 22, 2013: SBI’s Chairman Pratip Chaudhuri says that Kingfisher needs Rs. 2,000 crore for revival.February 18, 2013: United Breweries Holdings seeksshareholders’ approval to provide additional loans of Rs.450 crore to the grounded airline.February 21, 2013: The Special Court for Economic Offences, Bangalore, issues summons to Vijay Mallya on a criminal case filed by the Income-Tax Department for not remitting to the government tax deducted at source (TDS).February 25, 2013: The beleaguered airlines losesinternational and domestic flying slots and the move came close on heels of a decision taken by the consortium of bankers to start recalling their loans amounting to Rs.7,500 crore.March 10, 2013: DGCA asks the carrier to clear all dues, including pending salaries of employees, before seeking licence renewal.March 15, 2013: Airports Authority of India says it would release the deregistered leased aircraft of Kingfisher for the lessors only after a formal nod from the Civil Aviation Ministry.March 21, 2013: Civil Aviation Minister Ajit Singh says that Kingfisher has not yet given a revival plan to restart operations.March 27, 2013: DGCA deregisters 15 Kingfisher aircraft.April 3, 2013: Bombay High Court refuses to grant any interim relief to United Breweries Holdings, which had filed a petition to prevent Kingfisher Airlines’ lenders from selling pledged shares of UB group companies.April 5, 2013: The airlines' staff protest in Bangalore demanding the immediate release of their pending salaries.June 2, 2013: Three senior Kingfisher executives quit.June 8, 2013: Mallya says he cannot pay his employees.August 15, 2013: Auditors red-flag Kingfisher’s revival plans.September 24, 2013: Kingfisher in talks with foreign investor for potential stake sale.October 29, 2013: Mallya ranks 84th in Forbes India rich list.January 7, 2014: Employees of grounded Kingfisher Airlines have intensified efforts to recover their unpaid salaries.February 12, 2014: Kingfisher Airlines reported a net lossof Rs. 822.42 crore for the third quarter ended December 31, 2013.February 17,2014: The CEO of the company, Sanjay Aggarwal quit Kingfisher airlines.July 17, 2014: The Kingfisher was declared to be the top NPA of the country as it failed to repay loans of over 4,000 crore, mostly borrowed from state-owned banks.July 31, 2014: Kingfisher Airlines head Vijay Mallyapersonally appears before the Special Court for Economic Offences in Bangalore, in connection with three criminal cases booked against him by the Income Tax Department. The court granted him bail while directing him to deposit Rs. 1 lakh as cash surety in each case, bail bonds and solvent surety for the same sum.August 9, 2014: CBI institues a preliminary inquiryagainst IDBI Bank and Kingfisher Airlines. The bank had sanctioned a loan of Rs. 950 crore, despite KFA having a negative rating.August 21, 2014: Punjab National Bank issues notice to KFA alleging the carrier has wilfully defaulted in payment of outstanding dues of over Rs 770 crore.September 1, 2014: United Bank of India declares Vijay Mallya and three directors of Kingfisher Airlines (KFA) aswilful defaulters.September 2, 2014: Supreme Court denies relief to KFA challenging the decision of the Grievance Redressal Committee of United Bank of India (UBI) to declare the airline and its promoter Vijay Mallya as wilful defaulters.September 4, 2014: Vijay Mallya reiterates his intention to seek legal recourse in the UBI case, during the Annual General Body Meeting of United Breweries.September 27, 2014: Kingfisher Airlines secures a stay from the Calcutta High Court on the decision of United Bank of India’s (UBI) Grievance Redressal Committee, which had earlier declared the airline and its directors, including its Chairman Vijay Mallya, as wilful defaulters.December 1, 2014: Centre rejects move to re-appoint Mallya as MD of Kingfisher AirlinesDecember 2, 2014: United Bank of India (UBI) identifies United Breweries Holdings, the guarantor of grounded airline Kingfisher, as wilful defaulter.The bank had already declared Kingfisher Airlines and its four directors, including Mr. Mallya, as wilful defaulters.February 24, 2015: A 17-bank consortium led by State Bank of India takes over possession of the prized Kingfisher House, estimated to be worth Rs.100 crore.April 25, 2015: Alleging fund diversion to Kingfisher and other UB group entities, United Spirits’ new owner Diageo has asked Vijay Mallya to step down as Chairman and Director of the Indian liquor firm, a demand he out rightly rejected.April 26, 2015: Mallya says only shareholders can ‘oust’ him from USLOctober 10, 2015: CBI conducts searches at Vijay Mallya's offices. Sources say raids connected to the case of a Rs. 950 crore loan that IDBI Bank had provided Kingfisher AirlinesNovember 25, 2015: Vijay Mallya has offered banks to pay the principal amount that he owes but not the interest component and he has approached the bankers seeking a meeting.December 10, 2015: The CBI questions Vijay Mallya as part of the ongoing probe into alleged wilful default of Rs.900-crore loan in conspiracy with unknown officials of IDBI bank.February 16, 2016: PNB declares United Breweries Holdings ‘wilful defaulter’February 19, 2016: As many as four banks are contemplating selling assets of beleaguered air carrier Kingfisher Airlines to asset reconstruction companies (ARCs) to recover part of their dues.February 27, 2016: The State Bank of India (SBI)-led consortium of lenders has moved the debt recovery tribunal (DRT) to attach defunct carrier Kingfisher Airlines’ promoter Vijay Mallya’s passport.February 28, 2016: Mallya exits USL but over 2 lakh investors still stuck in KFA Read moreMarch 3, 2016: KFA employees write open letter to Vijay MallyaMarch 7, 2016: Vijay Mallya says he is in talks to settle debt with lendersThe Enforcement Directorate registers a money-laundering case against Vijay Mallya and the CFO of Kingfisher Airlines A. Raghunathan in connection with the CBI’s probe into the alleged default of a Rs. 900-crore loan in collusion with IDBI officials.The Bengaluru Bench of the Debt Recovery Tribunal temporarily restrains U.K.-based Diageo Plc from paying $75 million to Mr. Mallya as per the reported agreement signed with him.March 8: 2016: Banks move Supreme Court to ban Vijay Mallya’s overseas travelMarch 9, 2016: Mallya left India on March 2, government tells courtMarch 11, 2016:The ED issues summons to businessman Vijay Mallya in connection with the money laundering case against him, while two of his former employees were quizzed by the agency. He has been asked to present himself before the investigating team on March 18.Refuting the allegations that he was evading the law, Mr. Mallya defends himself on the microblogging site, Twitter.March 30, 2016: Supreme Court hears Mallya's case. Mallya offers to repay Rs. 4000 cr. to banks by September. SC gives banks a week's time to decideApril 7, 2016: With the banks outrightly rejecting two offers made by Vijay Mallya towards payment of dues worth Rs. 9,000 crore, the Supreme Court orders him to file an affidavit on oath disclosing all assets as on March 31, 2016 in India and abroad, not only in his name but also in those of his wife and children.April 15, 2016: Within days of a request from the Enforcement Directorate, in connection with a money laundering probe in the over Rs. 900 crore IDBI Bank loan fraud case, the Ministry of External Affairs suspends Vijay Mallya’s diplomatic passport.April 20, 2016: Hyderabad court convicts Vijay Mallya in a cheque-bouncing case filed against him by GMR Hyderabad International Airport.April 21, 2016: PMLA court directs ED to execute the non-bailable warrant against Vijay Mallya | Banks have no right to seek information about my assets abroad, he says | ED seeks Vijay Mallya's deportationApril 24, 2016: MEA revokes Vijay Mallya’s passportApril 29, 2016: I am in ‘forced exile’, no plans to return to India, said Mallya in an interview to Financial Times.April 30, 2016: Seeking to recover their dues from beleaguered businessman Vijay Mallya, lenders initiate an auction of various brands and trademarks of the long-grounded Kingfisher Airlines, including its once-famous tagline ‘Fly The Goodtimes’, but bidders were hard to come by.May 02, 2016: Independent MP Mallya, facing the case of loan default of over Rs. 9,400 crore, resigned from Rajya Sabha.-the hindu article

There are many ways to highlight corporate greed.I tend to categorize them into two categories:BoardroomInvestors/Hedge FundsAlthougg one links into the other and visa versa. Normally Shareholder Holder returns are driven by various majority investors to get more return on their investment. Boardroom Decisions are mostly driven to support Shareholder Returns and board room compensation and benefits.Let's have a look first at the Investors and Hedge Funds. The term used for shareholders that actively mingle in company affairs: Shareholder Activism[1] The main goal of a Shareholder Activist is to raise the price of the stock he/she/it has invested in, often at any cost..with little to no consideration for the long term or people as argued and demonstrated by a study The Returns of Hedge Fund Activism[2]The reason for me the focus on the greed of Hedge Funds is the effect their dealings (might/could) have on:the long term stability of a business or companyImpact on pensions, 401k’s, institutional investors etcOne of the most famous and notorious Hawk in the arena is Carl Icahn[3]Let's look into a few examples of what Mr. Icahn is up too and what his MO isMotorola (2007-2011)Tactics: Proxy contest to gain board representation; public statements and letter to shareholders; access to company records; threat of litigationOutcome: Spin off and sale of company for a 63 percent premium over closing priceOn January 30, 2007, Icahn revealed that he had accumulated 33.5 million shares of Motorola, representing 1.4 percent of the company prior to its split into Motorola Mobility and Motorola Solutions. Icahn met with Motorola CEO Ed Zander to discuss Icahn’s proposal for the company to buyback $12 billion in company stock. Motorola was struggling as sales of the KRZR mobile phone were below expectations. By April 2007, Icahn had launched a proxy contest to gain a seat on the board. He faulted Motorola’s directors as a “passive and reactive board, which failed to timely steer management in the right direction.” However, on May 7, 2007, the preliminary results of a shareholder vote revealed that the activist had failed to win a seat on the board, despite increasing his ownership stake to 2.9 percent.In 2008, Icahn changed his tactics. On March 24, he announced that he was suing Motorola to be granted access to documents related to its mobile device business that would be critical for assessing whether the board of directors had failed to protect Motorola’s shareholders. In a heated letter to shareholders, he nominated his own candidates for the board and said, “It is essential to the future of Motorola that its directors realize that the BOARD, especially at this precarious time, is NOT A COUNTRY CLUB OR A FRATERNITY, and that truly ‘qualified’ people whose interests are truly aligned with stockholders are needed on the board in order to save Motorola.” By that time, Icahn had further increased his stake in Motorola to 6.3 percent (or 142 million shares). Two days later, the board gave in to the pressure resulting from Icahn’s public campaign and announced that Motorola would split into two entities, a mobile phone unit and a set-top box and communications equipment unit. By April 8, 2008, Motorola had agreed to appoint two of Icahn’s nominees to the board in exchange for the dismissal of his litigation against the company.Icahn continued to increase his Motorola holdings, and he owned 10.4 percent (247.1 million shares) by August 2010.After a delay due to the economic crisis, Motorola finally split into Motorola Mobility and Motorola Solutions on January 3, 2011.On August 15, 2011, Google announced that it would buy Motorola Mobility for $12.5 billion, representing a 63 percent premium over its previous closing price. The acquisition was spurred in part by Icahn who, in July of that year, had encouraged Motorola to sell its lucrative portfolio of mobile phone patents.Dell Inc. (2013)Tactics: Effort to gain board representation or control; public statements on undervaluation resulting from taking the company private via letters to shareholders, media interviews, and social mediaOutcome: Estimated $200 million earnings in seven months; failed effort to gain board representation or control; exited positionIn February 2013, Michael Dell and Silver Lake Partners sought to take Dell private for $13.65 per share. This price valued the company at $24.4 billion, representing a 37 percent premium over the average share price at that time. Michael Dell sought to take the company private to enable him to transform the company free from public scrutiny from a maker of personal computers into a provider of enterprise computing services. However, several large shareholders, including Southeastern Asset Management and T. Rowe Price, opposed the deal, believing that Dell’s bid undervalued the company. Icahn entered the fray in March 2013, announcing that he had accumulated a 9 percent stake in the company. He began a lengthy and public campaign against Michael Dell and the company’s board to either prevent Dell from going private or to force Michael Dell and Silver Lake to increase their bid.Icahn used a series of letters to shareholders, combined with relatively newer tactics via media interviews and social media, to communicate with Dell’s shareholders and market participants in general. He called Dell’s board entrenched and pushed for Michael Dell to be fired and for the entire board to be replaced. Using rather extreme language, Icahn even appealed for shareholders to consider “What is the difference between Dell and a dictatorship?”Icahn also used legal action against the company. He tried to get the courts to force Dell to hold its shareholder meeting at the same time as the special vote on the decision to go private, thereby giving Icahn a chance to propose a slate of directors to replace the current board. However, in August 2013, a judge refused to fast track this lawsuit, which stopped Icahn’s legal efforts on that front. In a separate effort, Icahn encouraged Dell shareholders to exercise their right to an appraisal of the transaction, which would allow shareholders to demand a court hearing on the value of their holdings, a process that would likely have taken months to navigate the court system.By July 2013, Michael Dell and the board had restructured their proposal by increasing their bid to $13.75 per share plus a one-time dividend of $0.13 per share. Using their own legal moves, Dell’s board was able to change the company’s voting rules to ignore shareholder abstentions instead of counting them as “no” votes, and to change the record date for stockholders to determine eligibility to vote on the proposed takeover, limiting the rights of shareholders who purchased their shares recently. Icahn also revealed that his unnamed CEO-in-waiting backed out at the last minute.In the end, these setbacks prompted Icahn to end his opposition to Michael Dell’s bid in September 2013, writing that “The Dell board, like so many boards in this country, reminds me of Clark Gable’s last words in Gone with the Wind, they simply ‘don’t give a damn.’”Apple Co. (2013-present)Tactics: Public statements on need for company to distribute cash to shareholdersOutcome: More aggressive share buyback plan; maintains positionIn April 2013, Apple bowed to Wall Street pressure and said it would return $100 billion to shareholders by the end of 2015, double the amount previously set aside. The cash distributions would include a $60 billion stock repurchase program.By August 2013, Icahn began to accumulate a position in Apple, and he started to push for the company to complete a $150 billion buyback by taking advantage of low interest rates to borrow funds, a move that Icahn argued could push the company’s share price back to the $700 level it reached briefly in September 2012. The following month, he met with Apple CEO Tim Cook to discuss the potential for a large share buyback program.In January 2014, Icahn purchased an additional $500 million of the company’s shares, raising his total ownership stake to $3.6 billion. On February 10, 2014, Icahn announced that he was backing down from his nonbinding proposal to force the company to return cash to shareholders due to opposition by proxy advisory firm ISS and the company’s announcement of a more aggressive share buyback plan.While not entirely successful, Icahn’s actions did appear to affect the company’s capital return program. In April 2014, the company increased its share repurchase authorization to $90 billion from the $60 billion announced in 2013. The company also increased its quarterly dividend by 8 percent and said it will split its stock seven-for-one in June 2014.In addition, the company announced that it would boost the overall size of its capital return program to more than $130 billion by the end of 2015, up from its previous $100 billion plan. To demonstrate his use of social media, Icahn tweeted that he “agree[s] completely” with Apple’s plans to boost its buyback plan.As you can read this guy is doing stuff pretty strategically right? Increase stock price at any cost, should be good everyone right?Not really:TWA: the American Airline where Icahn spend some years on the board in the 1990’s which apparently led to 100's of millions being extracted by Ichan read more here[4]Taj Mahal Casino: created by Donald Trump and went subsequently under because of Donald Trump. Well not entirely Icahn has stepped in obviously because he spotted the potential to flip…. Whilst strongarming workers..Trump Taj Mahal bankruptcy pits Carl Icahn's casino against striking workersSpecial Advisor to President Trump: Icahn was special adviser to the president on regulatory reform, a job he resigned from, but not before selling Monitowoc Company shares, lowering his stake from mid 7% to 4.8% and earning $32 million in the process. The sale happened to be just before the Tarrifs on Chinese steel were introduced… which saw Monitowoc shares plummet from the $32-$35 range down to $26-$27 per share.CEO's and board of directors normally reward themselves very high and at times exorbitant but that is peanuts compared to what Activist like Icahn do for a business and extract from it or worse destroy the business all together leaving workers with nothing. No pension, no work. NothingFootnotes[1] The dark side of shareholder activism[2] The Returns to Hedge Fund Activism[3] Carl Icahn - Wikipedia[4] Marc Andreessen: Carl Icahn Killed An Entire Airline