AGM

ACM European Enhanced Inc.Fund PLC 22 August 2005 ACM EUROPEAN ENHANCED INCOME FUND PLC ANNUAL GENERAL MEETING 22 AUGUST 2005 Background The Board announced on 29 July 2005 that, conditional on regulatory approval, it intended to propose, in lieu of the Continuation Resolution, a scheme of reconstruction offering Shareholders an opportunity to realise their investment for cash and/or continue their investment through a roll-over option into a UK investment trust, New City High Yield Trust plc. Unfortunately the Board has subsequently been notified by the Financial Regulator in Ireland that it will not authorise the Scheme, which it categorises as an amalgamation, as the Financial Regulator only permits retail funds, such as the Company, to amalgamate with other collective investment schemes that are authorised and supervised by a relevant competent authority as determined by the Financial Regulator. New City which, in common with all UK investment trusts, is subject to the regulatory obligations resulting from its admission to listing by the UK's Financial Services Authority, is deemed not to satisfy this requirement. The Board appealed against this decision as New City, under the FSA's listing regime for UK investment trusts, is subject to a similar level of regulation as the Company. However, the Board is disappointed to have to announce that this appeal has been rejected by the Financial Regulator and therefore the Scheme cannot be implemented as was envisaged. The Board reiterates that it believes that the Scheme would have been in the best interests of Shareholders as a whole. Proposals Continuation Vote The Board has today posted to Shareholders a circular and notice of meeting convening the AGM for 15 September 2005. At the AGM the Board will propose, in addition to the ordinary business, the Continuation Resolution as an item of special business. Given the requirement of holders of a significant proportion of the Shares to realise their investment, and the fact that the Company's size would be significantly reduced as a result, the Board, which has been advised by Winterflood Securities, does not consider a continuation of the Company for a further period of approximately five years to be in the best interests of the Company and of Shareholders as a whole and, therefore, recommends that Shareholders vote against the Continuation Resolution. Potential Redemption of Shares The Articles contemplate that if the Continuation Resolution fails an extraordinary general meeting of the Company will be convened within four months of the AGM at which a resolution to wind up the Company voluntarily would be put to the Shareholders. The Board intends to convene the EGM by the middle of October 2005 to address the closure of the Company. The Board has been advised that the appointment of a liquidator in these circumstances would be costly and may involve a delay in returning funds to Shareholders and that the more expeditious process for returning Shareholders' funds is for the Company to effect a total redemption of its Shares; for application to be made to the Financial Regulator to revoke the authorisation of the Company; and then for application to be made to the Companies Registration Office in Ireland for the striking off of the Company. On the total redemption of the Shares the Company shall pay to Shareholders the prevailing net asset value per Share after accounting for the costs of the share redemption, including portfolio realisation costs. To implement such a total redemption of Shares the Articles will need to be amended as currently there is no provision in the Articles for redemption generally. This amendment to the Articles will require Shareholders' approval at the EGM. The amendment to the Articles is conditional on the approval of the Financial Regulator which the Board expects to be forthcoming and the Board would expect to implement the redemption of Shares shortly after the EGM. Shareholders will be informed of the details of the redemption in a further circular accompanying the documentation relating to the EGM, which is expected to be posted shortly after the AGM. The Board has notified New City of the Financial Regulator's ruling regarding the Scheme. For non-retail Shareholders who wish to reinvest the cash proceeds of the redemption of the Shares, New City has confirmed its intention to seek to make available new shares representing up to 9.99 per cent. of its share capital at a small premium to net asset value (subject to obtaining any necessary approvals). For further information please contact: David Benda / Nathan Brown Winterflood Securities, Corporate Stockbroker Tel. 020 7621 5562 / 5572 Notes: Winterflood Securities is acting for the Company and will not regard any persons other than the Company as its customer or be responsible to anyone other than the Company for providing the protections afforded to customers of Winterflood Securities or for providing advice in relation to the contents of this announcement or any matters referred to in this document. A copy of the notice of the AGM has been submitted to the FSA and will shortly be available for inspection at the UK Listing Authority's Document Viewing Facility, which is situated at: Document Viewing Facility UK Listing Authority 25 The North Colonnade Canary Wharf London E14 5HS Tel. 020 7676 1000 Definitions: The following definitions apply throughout this announcement unless the context requires otherwise: 'AGM' the Company's annual general meeting convened for 10 a.m. on 15 September 2005 'Articles' the Company's articles of association 'Board' the Company's board of directors 'Company' ACM European Enhanced Income Fund plc 'Continuation the special resolution to the effect that the Company continue Resolution' in existence for a further period of approximately five years 'EGM' the extraordinary general meeting of the Company to be convened if the Continuation Resolution fails 'FSA' the UK's Financial Services Authority 'Financial the Irish Financial Services Regulatory Authority Regulator' 'New City' New City High Yield Trust plc 'Scheme' the scheme of reconstruction which the Board intended to propose in lieu of the Continuation Resolution 'Shares' the shares in the capital of the Company 'Shareholders' the holders of the Shares 'Winterflood Winterflood Securities Limited, acting through its division Securities' Winterflood Investment Trusts This information is provided by RNS The company news service from the London Stock Exchange
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