Proshare NG has a great report on the Implications of the Share Price Movement Rule that was just effected by the Nigeria Stock Exchange (NSE). The main point of the rule is that a trade of at least 100,000 units of a stock is required to be able to move a stock price.
Implications of Share Price Movement Rule
About three weeks ago The Nigeria Stock Exchange (NSE) came out with new rules regarding the price movement on the exchange. The new rule has it that as against 15,000 that was required for stock-brokers to trade to be able to move a stock price either up or down, they will have to trade 100,000 units to be in position to do so now. The NSE also said that any company was coming to list through introduction must has been roundly praised by the market.
Also, the Securities and Exchange Commission (sec) has been receiving praises for investment six companies and consequent suspension of two of them on the allegation of price manipulation of their shares. The Nigeria Stock Exchange (NSE), where the companies were listed was not pleased with the way sec carried out the suspension of the two stocks from the market activities
The suspension created some kind of bad blood between the two authorities before the situation was managed in the interest of the market. Now, the issue of unbridled price movement on the exchange is said to have had a direct bearing on the action of the apex capital market regulator and many market analysts believe action of NSE at coming out with the new rules would not have been contemplated had it been that sec did not wield the big stick.
The Implications of the new NSE rules on the market
Mallam Kasimu Kurfi, managing director and chief executive officer of APT securities and Funds limited said: ’’Let me start by emphasizing that this is one of the good developments in the market .This step shows that the regulatory authorities are up and doing and this is a welcome development for the market. I have to take you back to 1975. At that time, the maximum a stockbroker could add to any stock was 20 kobo.
By 1997, our stocks started to hit N70.00. Oando hit N70.00 and one begins to wonder that a stock of N70.00 what would 20 kobo price movement mean to it. Twenty kobo is not up to one percent. So, at that time the regulatory authority changed the rules and the rules and percentage was introduced to it. By 1997, five percent was the maximum a stockbroker can move a stock up or down. That was a welcome development because at that time, a stock of N70.00 if you are talking of 5 percent that stock would increase by N3.50 in a day as against 20 kobo before.
Then let us look at the way it was with the volume. Initially, you could move the price of any stock by any quantity. By 1997, the regulatory authority ensured that you could not move the stock price by any quantity. Before that is done, the quantity should be reasonable. It must be a minimum of 5,000 but later it was moved to 15,000 and currently, the regulatory authority has come out with a new rules which says you can’t move any stock if the total volume are bidding or offering is not up to 100,00 units.
The beauty of this kind of rule is that it ensures there should be a reasonable quantity to move the price up or down. Therefore, this would ensure that stocks should not be punished unnecessarily and the stocks will not be over priced and those junk stocks and penny stocks may not hold sway again. This is so because most of these penny stocks’ total issued share capital is not up to 100 million and, therefore, the quantity traded is minimal.
One will begin to ask question on why a stock keeps on gaining 5 per cent and the quantity traded is just 15,000. It was like that because that was the rule. Once a stock can trade 15,000 units, it can move upward or downward. But the funny side of it is that the stock will be trading only 15,000 and be gaining 5 per cent and other brokers will be watching .A client will tell you buy me this stock and you cannot get it. However, with this new development, a stock can only move up or down with a minimum of 100,000 thousand units. This will bring liquidity to the market because what we are saying is that those stocks that are very scarce will neither go up or down; they’ll be stagnant and nobody rule is the way it affects private placement.
It is a common knowledge that most of those companies that went for private placement come to be listed on the exchange by introduction. You find that immediately after listing, the price keeps rising because the quantity is not there. It is almost drying up very scanty until the price triples before you begin to see some quantity coming in. Now, the NSE says no.
If you are coming by introduction, so be it, but on the day you are going to be listed, you must offer 10 per cent of your issued share capital and that will make the stock liquid and that will make stockbrokers to be able to get enough quantity and you will see the most of the investors who want to buy it even from day one, will get it.
How Stakeholders See The New Rule
Faruk Umar, the president, Association for the Advancement of the Rights of the Nigerian Shareholders, said the actions of the NSE in that direction are quite in order.
He said that these companies have learnt to carry out private placement and then list the shares on the Exchange as a way of increasing the share prices of their stocks. ’’It has become a tradition among these companies to come to the capital market for fresh funds they raised previously. This will stop some of them who do that merely for price increase from moving share prices any how,’’ he said.
He supported the decision of the Exchange that any company coming to the Exchange for listing should make 10 percent of the shares to be listed available for trading as a matter of fact. Umar said the NSE is right in stopping companies from accessing the capital market for fresh funds twice in a year. ‘’I also support the regulation that 15,000 units will no longer be enough to make a stock move its price. The 100,000 units peg by the Exchange is quite in order because it has become easy for the operators to raise 15,000 units as they want. It is however, not very easy for the stockbroker to immediately raise 100,000units just to change share price, ‘’he said.
According to Mr. Gbenga Idowu, national coordinator shareholders united front the new rule would impact the market positively. On whether it would have negative effective on the Emerging Market sub-sector where many indigenous sponsored companies play as most of them do not trade as much shares that would help their price grow, he said that if they have been performing well everybody would be patronizing them and they would not have been focusing too much on the issues of capital whereas what they should be focusing on is how to improve on the quality of their products. This would make their product acceptable and invariably that will make their stocks acceptable to Nigerian investors. The rule is for the good of the market in whatever way it affects any sector, the players should brace up to the challenges”, he said.
The Genesis of The New Rule By The NSE
It was February this year that sec announced that it has begun investigations into the activities of six companies over allegations of price manipulation and other sharp practices aimed at ripping off investors. It gave the names of the affected companies as African Petroleum Plc (AP); Big Treat Plc; Afroil Plc; First Aluminum Plc; Capital Oil Plc; and IPWA Plc.
It vowed to deal decisively with any operator found culpable of price manipulation or insider dealing. Was a criminal offence in the capital market and urged them to always operate within the confines of the rules to ensure transparency and integrity of the market.Mr Lanre Oloyi, head of media of sec said: “The decision of the suspension of trading on Afroil Plc and Capital Oil Plc was a fall out of the investigation recently conducted on these two companies, due to observed astronomical rise in the share prices and the fact that they were not rendering necessary statutory reports.
“The investigation established that during this period they were not in business, as there was no activity whatsoever in their premises,”said sec. The commission said the suspension was to protect the investing public. It said its investigations showed that Afroil accessed the capital market in 1993, through an initial public Offer (IPO) for subscription of 165 million ordinary shares of 20 kobo, at 40 kobo per share. The offer was undersubscribed by 42.26 per cent or 69.73 million shares, which were warehoused for subsequent disposal on the exchange .
It said between 2001 and 2006, the company was wound up by a Federal High Court Lagos order, dated March 30,2001 following its inability to pay its debts, pursuant to the provisions of the CAMA 1990. But the winding up order was vacated in March 2007, following the decision of KS Fund Managers Limited (one of the creditors) to take over the responsibility of paying other creditors, while the company was returned to KS Fund Managers. The warehoused shares of the company were in custody of the company’s management.
For instance, a stock brokerage firm sold 20 million units of the warehoused shares from April 19 2007 to December 6, 2007 at prices ranging from N2.20 TO N6.47, while another firm sold nine million units between December 21, 2007 and January 24, 2008 at the price range of N9.12 to N13.76 per share. Even during the investigation of the company. It was discovered that a new mandate order was given by the company management requesting the sale of another 11 million units,”SEC said. According to the commission, the sale of the company’s warehoused shares within this period is quite anomalous, as it ceased to be a going concern between 2001 and June 2006 while it returned to going concern status on March 3, 2007.
“The commission, therefore, noted the actions of the management of Afroil Plc as acts of insider dealing and price manipulation, and therefore, a breach of rule 110 of the commission’s Rules and Regulations. In addition, the manner of the sale of the company’s warehoused shares was a total breach of the provisions of Rule 70(2) of the commission’s Rule n Regulations, which states that warehoused shares be sold en-bloc, while the broker renders periodic reports on it, “sec declared. The commission said the investigation revealed that the investigation revealed that capital oil plc has similar antecedents with Afroil plc. The only exception is that no evidence was discovered to prove that capital oil went into liquidation but the company was not in active operation and only occupies an obscure office accommodation in Ikeja, Lagos.