In light of the recent incident under which the tender offeror failed to close its purchase of shares in XPEC Entertainment Inc. case ("XPEC case"), and in an attempt to better protect rights of tendering investors who intend to sell securities held in a public company being acquired through a tender offer, the Financial Supervisory Commission (FSC) announced the following Draft Amendments to "Regulations Governing Tender Offers for Securities of Public Companies," and "Regulations Governing Information to be Published in Tender Offer Prospectuses" (collectively, "Draft Amendments") on 28 September 2016.
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