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PacificOre says it is not withholding list


Mr. Christian Derosier reports


PacificOre Mining Corp.’s board of directors is clarifying certain facts regarding a request to access the company’s list of registered shareholders by Wim (Adriaan) Bakker.

A news release was disseminated by Mr. Bakker and Stephen Pearce on April 12, 2013, with the headline “PacificOre dissidents say company is withholding list.” The headline is not an accurate statement. The board has not denied Mr. Bakker access to the registered list of PacificOre’s shareholders.

Under Section 49 of the Business Corporations Act, any person may request a shareholder list from a corporation, but only if the person signs an affidavit attesting that he or she will use it solely for one of the purposes set out in Section 49 (3). A corporation may decide not to grant access to a shareholder list if, for example, there is doubt as to whether the requesting person will abide by the statements contained in the affidavit. Mr. Bakker has provided PacificOre with an affidavit stating he will only use the company’s list of registered shareholders for the purposes of influencing shareholders voting at a meeting of shareholders. The board pondered Mr. Bakker’s statement and did not come to a unanimous conclusion about whether to grant him access to the registered shareholder list. In other words, the board has not said yes or no to Mr. Bakker with respect to accessing the registered shareholder list. It is therefore erroneous to state that the dissident shareholders have been denied access to the list, that this is an attempt to deny shareholders the right to vote or that management is trying to entrench itself.

The board is currently evaluating the avenues open to the company that would be in the best interests of shareholders, and this evaluation cannot be made quickly or lightly given current economic conditions. The independent members of the board are taking an active role in addressing the situation created by the dissident shareholders.

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