Monday, 9 September 2013

F&N breach JV agreement, Myanmar company claims

Singapore-based Fraser and Neave Ltd (F&N) has been accused of breaching joint-venture agreement with its Myanmar partner Union of Myanmar Economic Holding Ltd (UMEHL).

Military-owned conglomerate UMEHL said F&N unilaterally sold its shares in jointly-owned Myanmar Brewery Ltd to the TCC (Chang Beer) without even informing them.

It is against their agreement and UMEHL will therefore acquire all the F&N’s shares in accordance with the joint-venture contract, according to the UMEHL’s press release.


Myanmar Brewery Ltd is a leading company dominating Myanmar’s beer market. F&N has 55% and UMEHL 45% stake in the firm.

The company was first established by Singapore-based Asia Pacific Breweries (APB) and UMEHL at the ratio 55% to 45%. In 1996, APB sold all of its stakes to F&N because of the Western economic sanctions against Myanmar.

UMEHL said, according to the clause 16.4 (d) in the joint-venture agreement, F&N is needed to sell the shares to them as the first priority, and any share transfer or sale also requires the other partner’s formal consent.

F&N’s failure to meet the agreement terms had been officially protested within 90 days in accordance with the joint-venture contract, UMEHL said.

In following month, the audit firm CMA started share valuation of Myanmar Brewery Ltd. However, F&N and UMEHL could not reach an agreement over the share values that they decided to go to arbitration.

Nevertheless, UMEHL said they would acquire the shares from F&N in accordance with the joint-venture agreement.

UMEHL also criticized TCC (Chang Beer) for not appearing to solve the issue with F&N, and not noticing them about the share buying.

source: Eleven Myanmar

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