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Country risk 2008:

Bi-annual Country risk survey monitoring political and economic stability of 185 countries

No. 6: If you don’t give it to me you’ll only lend it to someone else and look where that got us

January 2000

Dutch corporate finance - Dividing while still maintainingfull control


New forms of corporate restructuring are appearing in Dutch business. Leading pensions funds are agitating for shareholder value and companies are responding by listing subsidiaries. But some Dutch companies want to retain control of non-core divisions and exposure to their growth prospects, while at the same time benefiting from favourable stock market ratings for these businesses. So they are listing minority stakes in large divisions through so-called equity carve-outs, rather than pursuing full-blown spin-offs: a poor compromise or smart corporate finance? Steven Wilson and Leo van de Voort report.




    Some three year ago, the ground-breaking deal in Holland was the splitting up of conglomerate Vendex through spin-offs of two major divisions. It spun off its recruitment division, Vendior, and two years ago also spun off its retail interests in a new company called Laurus. Vendex itself was left as a focused department-store business. In the course of privatization IPOs, the old Dutch state PTT was also restructured into separate post and telecoms companies. KPN was effectively a spin-off of the former state monopoly.

Now, it is the turn of the spin-offs to restructure themselves. This may increasingly be done by partly splitting-off divisions through equity carve-outs, which allow parent companies to retain a significant equity interest. Last November, KPN and Qwest Communications International chose to float their fibre-optic cable joint venture company, KPN Qwest, by way of a public sale of 20% of the equity. Buoyed by investor enthusiasm for all things related to cable and the internet, KPN Qwest's share price quickly rose from a listing price of e20 to e43. The joint-venture partners will receive value from this performance through their retained stakes. KPN is also listing a minority stake in its mobile-phone subsidiary.

Unlike a spin-off, where the shareholder structure remains intact, an equity carve-out is a partial floatation, whereby the parent retains the majority of the shares and exercises control from a distance. In common with spin-offs, equity carve-outs are still rare on the Dutch stock market. Only Philips preceded KPN, with its public sale of 40% of silicon-chip making subsidiary ASML in 1994 and its earlier carve-out of music publisher Polygram, which Seagram acquired in 1997.

In the Anglo Saxon world, a company's board regards creating extra value for shareholders as its primary objective. Should the directors fail to realize this, it will soon be pointed out to them by professional investors and/or investment banks. This trend of shareholder activism is rapidly making itself felt in the Netherlands and in other countries in continental Europe. Led by the Algemeen Burgerlijk Pensioenfonds (ABP), the world's largest pension fund, a group of leading Dutch pension funds formed a year ago have begun to increase their influence in company boardrooms, pressing companies to change strategy and create value and, in the case of temporary staff recruitment business Brunel, ousting the chief executive.

An active market for corporate control in both medium to large companies and world-wide conglomerates clearly now operates. However, until now this has been mainly limited to traditional forms of corporate restructuring such as mergers, takeovers and alliances. Increasingly the associated emphasis on transparency and flexibility will lead to different types of equity market transactions. The splitting up of Vendex and KPN are good examples of how companies with multiple businesses have managed to eliminate the discount that investors traditionally apply to conglomerates or holding companies.

Developments in this field are very rapid. In the US, next to spin-offs and equity carve-outs, tracking stocks are increasingly seen as a serious alternative to having a subsidiary activity introduced separately on the stock exchange. This autumn, DuPont announced its intention to list its life-sciences activities as a separate entity on the stock exchange by means of tracking stocks. Every DuPont stockholder is being issued pro rata with new, freely negotiable tracking-stock shares. The value and dividend from a tracking stock follows the profit potential and growth characteristics of these life-sciences activities in the same way as DuPont's ordinary shares follow the economic performance of the company's other activities. There is, however, one big difference with DuPont's ordinary shares. The holder of DuPont's life sciences tracking stock is not a an owner or part owner of the life-sciences division. DuPont's management and, as a natural progression DuPont's ordinary shareholders, retain complete ownership control of life-sciences activities.

Recent research carried out by Patricia Anslinger, Steven Klepper and Somu Subramaniam ( Breaking up is good to do, McKinsey Quarterly 1999 Number 1) indicates that spin-offs and equity carve-outs have been especially successful on the American stock markets, while tracking stocks are moderately successful. This study is limited to measuring the performance of companies quoted on the stock exchange with an annual turnover in excess of $200 million during the 1990s. It must be said that not all spin-offs and equity carve-outs have been runaway successes. Building up an effective organization combined with clear independent strategic intentions for both the parent company and the new subsidiary is crucial to success. It sounds logical, but in all too many cases this condition is not met. For example, when Racal carved out Vodafone, Vodafone's share price initially fell and only began to recover after Racal relinquished ownership by selling its controlling stake.

What spin-offs, equity carve-outs and tracking stocks have in common is that they increase the transparency of the company for the outside world. Investors increasingly demand insight when business activities within a diversified corporation show major differences in growth, risk and profitability. A separate profit and loss account that concentrates on one specific company activity offers investors more insight than a consolidated publication from a diversified company. Profit figures and other financial ratios have more significance when they represent one company activity instead of a diversified company. They can be better compared with other investments available on the stock exchange. There is a growing demand for what is called pure play. Increased insight into a company's individual activities leads to removal of the conglomerate discount. This discount, often attributed to information risk in professional journals, can amount to 20%.

The market often complains that the diversified company's price/earning ratio does not represent the true worth of the company. The fact is that more and more often these companies have a lower value than would be expected from the normal P/E ratio for individual activities. DuPont's P/E ratio fluctuates around the 18 mark, a valuation more in line with basic chemical activities than with life-sciences activities, which the market values at 30 to 50 times earnings. Based on this, there is speculation that Microsoft is planning to launch its internet activities onto the stock market by way of a tracking stock and so take advantage of the internet hype now gripping the securities markets: a plan that Microsoft continues to deny. And just last month, UK media group Pearson announced that it too was considering issuing a tracking stock for its internet-related assets.

It's too simplistic to say that the market wrongly values diversified companies. Certainly the market takes a negative view of a lack of transparency and focus. Announcing a split-up is usually the result of a strategic reorientation process with clear independent plans for the activities being split off. Removing uncertainties about a diversified company's strategic orientation can raise its valuation to more "normal" levels

Improving transparency for the investors is one side of the coin. The other side, and perhaps the crux of the matter, is to improve the company's effectiveness. Listing a company activity independently on the stock exchange can significantly improve that company's effectiveness in many ways. Most important, delegating investment decisions improves the efficiency of capital allocation.

Several studies have revealed that broadly diversified companies are valued 15% to 20% lower than their counterparts, which are more focused on their activities. This loss of value is attributed to the inefficient allocation of new investment and maintaining value-destructive activities through cash cows. Investment capital fails to reach the part of the business with the most value-creation potential. This problem can, of course, be solved by the holding company itself, by "objectively" assessing the potential value creation of each of the company activities. However, the problem lurks in the word "objective". It is inevitable that the holding company's directors will make personal choices in matters of attention and the allocation of the investment budget.

It is more effective to leave these matters to the external market. The idea that growing activities can best be financed through cash cows is superseded by the idea of pure play, which states that growing activities realize their maximum potential when they themselves have to attract the capital they need from the market. By listing them independently on the stock exchange and delegating investment control, a spin-off or an equity carve-out is an attractive option, especially when the company activity in question has hidden growth and acquisition ambitions. However, in the case of a tracking stock, the holding company's directors are still left with the dilemma of choice. Or perhaps even worse, the dilemma is out there in the streets.

As soon as an activity is listed on the stock exchange, the management of the activity concerned comes under pressure to trade in the interests of shareholders. Recent research has shown that whereas, at the beginning of the 1990s, only 8% of the senior managers of Dutch stock-exchange securities regarded corporate goals as their most important policy, this percentage has now increased to well above 50%

This requires capable management with entrepreneurial skills which is closely aligned with the interests of investors. The best way to achieve this is to turn managers into owners with rewards linked directly to the company's market performance. In the case of a stock-exchange listing, management can be rewarded with share options directly related to their performance. Opinions differs as to the effectiveness of share options. There is no direct relationship between providing share options on their own and the performance of a listed company. VNO/NCW, two Dutch employers associations, have already launched far-reaching proposals to cut out share options and provide shares instead.

An acquisition strategy is more credible for a company with one clear core activity.

This is a big consideration in markets where survival seems to be synonymous with acquisition. A company with various core activities on the lookout for takeovers, can cause confusion with regard to its strategic orientation. This can result in reluctance on the part of external capital providers to finance the acquisition strategy. A listed company with one core activity has, by definition, already partly proved itself to be clearly focused on strategic orientation.

After the spin-offs of the Vendex concern, Vendex, Laurus and Vedoir have, with very clear intentions, been proactively seeking acquisitions. The same is true of the PTT concern, which spawned the TNT Post Group and KPN. To a large extent, these four companies have directed their strategies towards growth through focus. The equity carve-out of the mobile-phone subsidiary can be regarded as preparation for KPN carrying out an expansion strategy in the mobile-phone market by way of takeovers and alliances, as illustrated by its recent acquisition of Germany's third-largest wireless phone company, E-Plus.

The partial floating of activities on the stock market inevitably results in the directors of the holding company losing a measure of control. The price of control is the ultimate determining factor in the choice between a spin-off, an equity carve-out and a tracking stock. The position the floated subsidiary has in the company's total strategic plan is crucial. Does it concern a core activity that is completely separate from other core activities or does it concern a core activity that is clearly related to other core activities? An unrelated core activity lends itself the most to a spin-off, which effectively takes away all control. The post division and the telecom division were two of the PTT's unrelated core activities, as were the Vendex concern's retail and temporary employment businesses. In the long term, we cannot expect any strategic synergy between two unrelated core activities.

With related core activities it is a completely different story. Operationally, it is possible to split mobile-phone activities and traditional telephone activities. However, in the long term, having a mobile telephone subsidiary could have strategic value for a parent company with a portfolio that includes traditional telephone activities. This is an ideal situation for retaining control at a distance. A public flotation gives the mobile subsidiary freedom to grow, invest and acquire. But the retained majority interest is an important bargaining chip for the KPN parent company in the merger and takeover games now transforming the European telephone market.

Technically, the parent company's control is restricted to that of a majority shareholder. Because the related core activities can be operationally separated and can determine their own strategic courses, direct control is not of any great value. The parent company may be able to exercise its control in the future by reacquisition or complete sale, if it undergoes further strategic reordering. The equity carve-out subsidiary has given KPN a strategic option. This option does not compromise KPN's strength in the market for corporate control. Rather the opposite is true. It keeps all its strategic options open while at the same time building up a strong telephone subsidiary by substantially increasing the company's effectiveness.

An added advantage of an equity carve-out is the cash that is received from the partial flotation. KPN can use these additional funds to invest in the infrastructure of the mobile network and fibre-optic network in Europe. The consideration between the size of the sum required and the importance of strategic control ultimately determines which part of the company will be floated.

One of the main reasons for DuPont's decision to issue a tracking stock was to create a pure-play currency, enabling it to more effectively make acquisitions in the life-sciences sector by means of share transactions. Ordinary DuPont shares are relatively cheap and are not a comparable means of exchange in share transactions. This could make acquisitions by means of (partial) share transactions very expensive. It is expected that the tracking stock will have a value in conformity with the market and will be better accepted by a counterparty in acquisitions in the life-sciences sector. Moreover, it is expected that DuPont's total market value will grow as a result of its increased transparency.

DuPont could have used the same arguments to justify choosing an equity carve-out or spin-off to carry out the acquisition strategy it had in mind for the life-sciences activity. One reason why DuPont wishes to retain overall control is the strategic synergy it envisages between the life-sciences activities and the core chemical activities. The growth of life sciences will have to be partly financed by funds from the chemical activities. Possibly DuPont management's sees life sciences growing to become DuPont's main core activity in the future. The time is, therefore, not yet ripe to definitely or irreversibly split up the company.

Another reason for opting for a tracking stock instead of an equity carve-out is that it enables you to shut out the competition. In the case of an equity carve-out, a majority shareholder always has to take some account of minority shareholder's interests, and these could be competitors. In the case of a tracking stock, the interests of the tracking stock shareholder are legally less substantial, because they do not own the company. This last statement is pure speculation on our part, because, to date, there are no examples of Dutch companies having issued tracking stocks.

Not everything is suitable for a spin-off, carve-out or tracking stock. Leaving legal and fiscal barriers to one side, there are two conditions that must be met. First, the activity to be floated on the stock exchange must have financially healthy prospects and be large enough to profit fully from the advantages listed above. The activity must be self-supporting and, ideally, have substantial growth potential. Obviously this makes demands on the management team a crucial factor to the success of the enterprise. From business unit manager to CEO of an equity carve-out or a spin-off is an enormous step.

Not only will the newly floated activity have to do well on the stock market, all the other activities will also have to inspire the confidence of the stock exchange. After the heralded KPN equity carve-out, not only did the performance of the two crown jewels ­ the mobile phone subsidiary and the KPNQwest joint venture ­ come into the limelight, but also the company's traditional telephone activities became more transparent at a time when there has been no growth in traditional telephone activities in the Netherlands.

The floated activities as well as the other activities must be financially sound in order to justify a flotation. Healthy profitability as well as a sufficiently high stock-exchange value is a basic condition. Funds with a stock-exchange value below Fls1 billion are plagued by discounts reflected in the current substantial undervaluation of the mid-cap and small-cap funds on the Amsterdam stock exchange.

Second, the advantages of a flotation must outweigh the costs in the broadest sense of the word. These include the costs actually involved in dividing the company's activities, the costs of setting up a new financial administration, the management costs involved in solving and managing cost-allocation problems, etc.

In the case of a tracking stock, the conditions for building an effective organization can suffer as a result of expected management dilemmas. How can you as senior management avoid one activity being favoured over others or even creating the impression that you are doing this? The board has to more or less walk on eggshells and divide its attention and investment equally among the activities in order to reassure all shareholder groups. What's more conflicts between the holding company and business unit are fought out in the open. This dilemma can be solved reasonably by strictly dividing the financial activities linked to the tracking stock from the other activities and by appointing two general managers to sit on the board of supervisory directors. This management dilemma has led to AT&T shelving its plans to issue tracking stocks. It will be interesting to see how DuPont copes with this dilemma.

In conclusion

Certainly in view of the nature of the present flood of mergers and takeovers being stimulated by the slogan "focus, growth and acquisition" we expect a wider spectrum of choices in the continuing restructuring of Dutch companies. If one sheep leaps over the ditch, all the rest will follow...

There is no lack of opportunities: Akzo Nobel could issue tracking stocks in its Pharma activities, and DSM in its fine chemicals business; Philips has a raft of possibilities suitable for equity carve-outs (Lighting, Medical Systems, Origin); Unilever could consider tracking stocks for its deep-freeze activities, and Wessanen for its American activities (Food Distribution); and Shell has a barrel-load of restructuring possibilities. Not to mention Stork, Internatio Muller, CSM, Reed Elsevier, and Wolters Kluwer.

One barrier for Dutch companies would appear to be their partial or total loss of control. The interminable corporate governance discussion regarding the use of barriers to takeover, for example, special classes of preferential shares, makes you wonder if Dutch management is willing to take such drastic steps in the interests of shareholders.

On this question in the long term we are not too pessimistic. Certainly the larger Dutch companies with a dominant international orientation are leaning towards a more Anglo-Saxon business culture, a style that has become the "required" standard for "global companies". Moreover, equity carve-outs possibly offer KPN the best barrier to takeover; a higher stock-market value leading to a stronger position in the merger and takeover market as a bidder.

In view of the significant advantages of equity carve-outs, you could speculate about future organization: a holding company with separate core activities spread over a portfolio of equity carve-outs. The task of the holding company is then "limited" to playing the market for corporate control.

Steven Wilson is principal consultant and Leo van de Voort is director at Twynstra Corporate Strategy and Finance

Share price performance of Vedior versus the Dutch market



Share price performance of Vendex versus the Dutch market



Share price performance of Laurus versus the Dutch market









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