Turnaround in HGPO11 meeting? FII quota holders are difficult the consequence and are approaching the CVM to have the votes nullified

There was a warlike temper between the shareholders and the administration of the actual property fund CSHG Prime Places of work (HGPO11) since final Tuesday (twenty fifth) when a unprecedented basic assembly (AGE) was held to debate the sale of actual property within the portfolio. General, 32.85% of shareholders voted towards the deal, whereas 32.53% have been in favor – but when that day ended with the impression that the dialogue was over, in apply it was not.

The gathering was marked by a collection of controversies that also trigger controversy. The minutes report a lot of disputes in the course of the assembly. In abstract, the choice to not promote the properties was influenced by votes submitted after the deadline, in response to shareholders who defended the negotiations.

The topic of the vote was the sale of the Metropolitan and Platinum buildings close to Avenida Faria Lima in São Paulo (SP). The properties are situated in a chief location for the company slab phase and have a gross leasable space (GLA) of 12,613 sq. meters. The emptiness fee immediately is round 5%. The sale of the properties would imply the liquidation of the fund, which has existed since October 2010.


Potential patrons have been keen to pay BRL 466 million for it – which corresponds to round BRL 37,000 per sq. meter. This proposal was not accepted in the course of the assembly.

Now, a gaggle of shareholders who personal about 10% of HGPO11 have requested a gathering with the Securities and Change Fee (CVM), which traders say may occur as early as subsequent week infomoney who selected to not determine themselves. As well as, they wish to get the municipality’s approval to cancel a portion of the votes they imagine would have been obtained after the deadline for quota holders to manifest themselves. If profitable, the sale of the properties within the portfolio could be authorised.

What occurred in the course of the HGPO11 meeting?

In line with the minutes of the assembly, Edgar Boicenco, President of the AGE, shortly after the announcement of the consequence and given the shut resolution, questioned the accepted standards for receiving and counting the votes. Augusto Martins, consultant of Credit score Suisse (supervisor of CSHG Prime Places of work), defined the procedures.

“Mr. Augusto Martins defined that every trustee has its personal inside process for receiving and counting digital votes,” the minutes of the assembly learn to the relevant rules.”

In some of the tense moments of the assembly, Boicenco responded to requests from shareholders and even learn out the small print of one of many digital votes obtained. “At that second, one of many fund’s shareholders went to the assembly desk and took an unauthorized {photograph} of the vote, held by Mr. Edgar Boicenco,” the minutes level out. “Representatives of the administrator warned this shareholder about his habits and demanded the deletion of the photograph, which the shareholder mentioned he did instantly.”


From then on, tempers have been boiling and, in response to investor studies, there was plenty of dialogue. To revive order to the AGE, Boicenco requested the convention of votes – a course of that will be carried out in the course of the session.

For his half, Martins proposed closing down the AGE and publicly informing shareholders and the market usually within the occasion of errors within the counting of votes by the directors. At this level, after additional dialogue, it was determined to adjourn the assembly till 6:30 p.m. to current the calculation of the vote recount to shareholders.

Voting after the deadline affected the end result

On the reopening of the assembly, the CSHG Prime Places of work Administrator mentioned that every one digital votes obtained as much as the beginning of the assembly have been being counted – a press release which added to the stress once more.

Boicenco recalled that solely digital votes obtained as much as October 21 must be counted, as indicated within the Digital Voting Kind and Administrator’s Notices to Shareholders. Not solely did he voice his opposition, however in response to the document he resigned from the presidency of the meeting.

If the votes obtained after the deadline usually are not taken into consideration, the voting consequence could be 32.37% sure to 30.88% no – i.e. the sale of the properties was authorised.

Amid the controversy, the administrator pledged to seek the advice of the CVM on the problems raised on the AGE – particularly in relation to e-votes obtained after October 21. On the different finish, shareholders holding about 10% of HGPO11 did the identical, however with the intention of canceling the votes obtained after the deadline.

O infomoney contacted Credit score Suisse to touch upon the incident and is awaiting the administrator’s remark.

Traders agreeing to the sale are defending the preliminary consequence

Among the many traders who’ve rejected the sale proposal is RBR Asset, which has a stake in HGPO11 via FII RBR Alpha (RBRF11). Bruno Nardo, associate of the supervisor, suggests a peaceable dialogue of the difficulty however believes that the unique results of the vote should be revered.

“I believe they need to be taken into consideration as that is the investor’s reliable manifestation and the meeting has had ample time to think about all votes,” he says.


He reminds that within the vote held in March – the primary unsuccessful try to promote the properties – all votes forged after the deadline have been included within the consequence.

For the supervisor, the typical rental worth of the properties has elevated and the Metropolitan and Platinum buildings shouldn’t promote for lower than R$40,000 per sq. meter.

In line with the supply obtained by the fund, the celebration was keen to pay R$ 466 million for the 2 properties – this corresponds to R$ 37,000 per sq. meter.

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