Book Read Free

International GAAP® 2019: Generally Accepted Accounting Practice under International Financial Reporting Standards

Page 137

by International GAAP 2019 (pdf)


  Entity B

  controlling

  Entity A

  Consolidated

  Book

  values

  interest

  Fair values

  €

  €

  €

  €

  Current assets

  700

  –

  500

  1,200

  Non-current assets

  3,000

  –

  1,500

  4,500

  Goodwill

  –

  –

  300

  300

  Total assets

  3,700

  –

  2,300

  6,000

  Current liabilities

  600

  –

  300

  900

  Non-current liabilities

  1,100

  –

  400

  1,500

  1,700

  –

  700

  2,400

  Owner’s equity

  Issued equity

  240 ordinary shares

  600

  (40)

  1,600

  2,160

  Retained earnings

  1,400

  (94)

  –

  1,306

  Non-controlling interest

  –

  134

  –

  134

  2,000

  –

  1,600

  3,600

  690 Chapter

  9

  The non-controlling interest of €134 has two components. The first component is the reclassification

  of the non-controlling interest’s share of the accounting acquirer’s retained earnings immediately

  before the acquisition (€1,400 × 6.7 per cent or €93.80). The second component represents the

  reclassification of the non-controlling interest’s share of the accounting acquirer’s issued equity

  (€600 × 6.7 per cent or €40.20).

  14.5 Earnings per share

  The equity structure, i.e. the number and type of equity instruments issued, in the

  consolidated financial statements following a reverse acquisition reflects the equity

  structure of the legal parent/accounting acquiree, including the equity instruments

  issued by the legal parent to effect the business combination. [IFRS 3.B25].

  Where the legal parent is required by IAS 33 – Earnings per Share – to disclose earnings

  per share information (see Chapter 33), then for the purpose of calculating the weighted

  average number of ordinary shares outstanding (the denominator of the earnings per

  share calculation) during the period in which the reverse acquisition occurs:

  (a) the number of ordinary shares outstanding from the beginning of that period to the

  acquisition date is computed on the basis of the weighted average number of

  ordinary shares of the legal subsidiary/accounting acquirer outstanding during the

  period multiplied by the exchange ratio established in the acquisition agreement;

  and

  (b) the number of ordinary shares outstanding from the acquisition date to the end of

  that period is the actual number of ordinary shares of the legal parent/accounting

  acquiree outstanding during that period. [IFRS 3.B26].

  The basic earnings per share disclosed for each comparative period before the

  acquisition date is calculated by dividing:

  (a) the profit or loss of the legal subsidiary/accounting acquirer attributable to

  ordinary shareholders in each of those periods; by

  (b) the legal subsidiary’s historical weighted average number of ordinary shares

  outstanding multiplied by the exchange ratio established in the acquisition

  agreement. [IFRS 3.B27].

  These requirements are illustrated in the following example, which is based on one

  included within the Illustrative Examples accompanying IFRS 3. [IFRS 3.IE9, 10].

  Example 9.37: Reverse acquisition – earnings per share

  This example uses the same facts as in Example 9.31 above. Assume that Entity B’s earnings for the annual

  period ended 31 December 2018 were €600, and that the consolidated earnings for the annual period ending

  31 December 2019 were €800. Assume also that there was no change in the number of ordinary shares issued

  by Entity B (legal subsidiary, accounting acquirer) during the annual period ended 31 December 2018 and

  during the period from 1 January 2019 to the date of the reverse acquisition (30 September 2019), nor by

  Entity A (legal parent, accounting acquiree) after that date.

  Earnings per share for the annual period ended 31 December 2019 is calculated as follows:

  Business

  combinations

  691

  Number of shares deemed to be outstanding for the period from

  1 January 2019 to the acquisition date (i.e. the number of ordinary

  shares issued by Entity A (legal parent, accounting acquiree) in the

  reverse acquisition, or more accurately, the weighted average

  number of ordinary shares of Entity B (legal subsidiary, accounting

  acquirer) outstanding during the period multiplied by the exchange

  ratio established in the acquisition agreement, i.e. 60 × 2.5)

  150

  Number of shares of Entity A (legal parent, accounting acquiree)

  outstanding from the acquisition date to 31 December 2019

  250

  Weighted average number of shares outstanding

  (150 × 9/12) + (250 × 3/12)

  175

  Earnings per share (€800 ÷ 175)

  €4.57

  The restated earnings per share for the annual period ending 31 December 2018 is €4.00 (being €600 ÷ 150,

  i.e. the earnings of Entity B (legal subsidiary, accounting acquirer) for that period divided by the number of

  ordinary shares Entity A issued in the reverse acquisition (or more accurately, by the weighted average

  number of ordinary shares of Entity B (legal subsidiary, accounting acquirer) outstanding during the period

  multiplied by the exchange ratio established in the acquisition agreement, i.e. 60 × 2.5). Any earnings per

  share information for that period previously disclosed by either Entity A or Entity B is irrelevant.

  14.6 Cash

  consideration

  In some circumstances the combination may be effected whereby some of the

  consideration given by the legal acquirer (Entity A) to acquire the shares in the legal

  acquiree (Entity B) is cash.

  Normally, the entity transferring cash consideration would be considered to be the

  acquirer. [IFRS 3.B14]. However, despite the form of the consideration, the key determinant

  in identifying an acquirer is whether it has control over the other (see 4.1 above).

  Therefore, if there is evidence demonstrating that the legal acquiree, Entity B, has

  obtained control over Entity A by being exposed, or having rights, to variable returns

  from its involvement with Entity A and having the ability to affect those returns through

  its power over Entity A, Entity B is then the acquirer and the combination should be

  accounted for as a reverse acquisition.

  In that case, how should any cash paid be accounted for?

  One approach might be to treat the payment as a pre-acquisition transaction with a

  resulting reduction in the consideration and in net assets acquired (with no net impact

  on goodwill). However, we do not believe this is appropriate. Any consideration,

  whether cash or
shares, transferred by Entity A cannot form part of the consideration

  transferred by the acquirer as Entity A is the accounting acquiree. As discussed at 14.3

  above, although the consolidated financial statements following a reverse acquisition

  are issued under the name of the legal parent (Entity A), they are to be described in the

  notes as a continuation of the financial statements of the legal subsidiary (Entity B).

  Therefore, since the consolidated financial statements are a continuation of Entity B’s

  financial statements, in our view the cash consideration paid from Entity A (the

  accounting acquiree) should be accounted for as a distribution from the consolidated

  group to the accounting acquirer’s (Entity B’s) shareholders as at the combination date.

  692 Chapter

  9

  Where a cash payment is made to effect the combination, the requirements of IFRS 3

  need to be applied with care as illustrated in the following example.

  Example 9.38: Reverse acquisition effected with cash consideration

  Entity A has 100,000 ordinary shares in issue, with a market price of £2.00 per share, giving a market

  capitalisation of £200,000. It acquires all of the shares in Entity B for a consideration of £500,000 satisfied

  by the issue of 200,000 shares (with a value of £400,000) and a cash payment of £100,000 to Entity B’s

  shareholders. Entity B has 200,000 shares in issue, with an estimated fair value of £2.50 per share. After the

  combination Entity B’s shareholders control the voting of Entity A and, as a result, have been able to appoint

  Entity B’s directors and key executives to replace their Entity A counterparts. Accordingly, Entity B is

  considered to have obtained control over Entity A. Therefore, Entity B is identified as the accounting

  acquirer. The combination must be accounted for as a reverse acquisition, i.e. an acquisition of Entity A

  (legal parent/ accounting acquiree) by Entity B (legal subsidiary/ accounting acquirer).

  How should the consideration transferred by the accounting acquirer (Entity B) for its interest in the

  accounting acquiree (Entity A) be determined?

  Applying the requirements of paragraph B20 of IFRS 3 (discussed at 14.1 above) to the transaction

  might erroneously lead to the following conclusion. Entity A has had to issue 200,000 shares to

  Entity B’s shareholders, resulting in Entity B’s shareholders having 66.67% (200,000 ÷ 300,000) of the

  equity and Entity A’s shareholders 33.33% (100,000 ÷ 300,000). If Entity B’s share price is used to

  determine the fair value of the consideration transferred, then under paragraph B20, Entity B would

  have had to issue 100,000 shares to Entity A’s shareholders to result in the same % shareholdings

  (200,000 ÷ 300,000 = 66.67%). This would apparently give a value of the consideration transferred of

  100,000 @ £2.50 = £250,000. This does not seem correct, for the reasons discussed below.

  If there had been no cash consideration at all, Entity A would have issued 250,000 shares to Entity B’s

  shareholders, resulting in Entity B’s shareholders having 71.43% (250,000 ÷ 350,000) of the equity and

  Entity A’s shareholders 28.57% (100,000 ÷ 350,000). If Entity B’s share price is used to determine the value

  of the consideration transferred, then under paragraph B20, Entity B would have had to issue 80,000 shares

  to Entity A’s shareholders to result in the same % shareholdings (200,000 ÷ 280,000 = 71.43%). This would

  give a value for the consideration transferred of 80,000 @ £2.50 = £200,000. If it was thought that the fair

  value of Entity A’s shares was more reliably measurable, paragraph 33 of IFRS 3 would require the

  consideration to be measured using the market price of Entity A’s shares. As Entity B has effectively acquired

  100% of Entity A, the value of the consideration transferred would be £200,000 (the same as under the

  revised paragraph B20 calculation above).

  In our view, the proper analysis of the paragraph B20 calculation in this case is that of the 100,000 shares

  that Entity B is deemed to have issued, only 80,000 of them are to acquire Entity A’s shares, resulting in

  consideration transferred of £200,000. The extra 20,000 shares are to compensate Entity A’s shareholders for

  the fact that Entity B’s shareholders have received a cash distribution of £100,000, and is effectively a stock

  distribution to Entity A’s shareholders of £50,000 (20,000 @ £2.50), being their share (33.33%) of a total

  distribution of £150,000. However, since the equity structure (i.e. the number and type of shares) appearing

  in the consolidated financial statements reflects that of the legal parent, Entity A, this ‘stock distribution’ will

  not actually be apparent. The only distribution that will be shown as a movement in equity is the £100,000

  cash paid to Entity B’s shareholders.

  14.7 Share-based

  payments

  In a reverse acquisition, the legal acquirer (Entity A) may have an existing share-based

  payment plan at the date of acquisition. How does the entity account for awards held

  by the employees of the accounting acquiree?

  Under IFRS 3, accounting for a reverse acquisition takes place from the perspective of

  the accounting acquirer, not the legal acquirer. Therefore, the accounting for the share-

  based payment plan of Entity A is based on what would have happened if Entity B rather

  Business

  combinations

  693

  than Entity A had issued such equity instruments. As indicated at 14.1 above, in a reverse

  acquisition, the acquisition-date fair value of the consideration transferred by the

  accounting acquirer for its interest in the accounting acquiree is based on the number of

  equity interests the legal subsidiary would have had to issue to give the owners of the legal

  parent the same percentage equity interest in the combined entity that results from the

  reverse acquisition. The fair value of the number of equity interests calculated in that way

  can be used as the fair value of consideration transferred in exchange for the acquiree.

  Therefore, although the legal form of awards made by the accounting acquiree (Entity A)

  does not change, from an accounting perspective, it is as if these awards have been

  exchanged for a share-based payment award of the accounting acquirer (Entity B).

  As a result, absent any legal modification to the share-based payment awards in Entity A,

  the acquisition-date fair value of the legal parent/accounting acquiree’s (Entity A’s) share-

  based payments awards are included as part of the consideration transferred by the

  accounting acquirer (Entity B), based on the same principles as those described in

  paragraphs B56 to B62 of IFRS 3 – see 7.2 above and Chapter 30 at 11.2. [IFRS 3.B56-B62]. That

  is, the portion of the fair value attributed to the vesting period prior to the reverse

  acquisition is recognised as part of the consideration paid for the business combination and

  the portion that vests after the reverse acquisition is treated as post-combination expense.

  14.8 Reverse acquisitions involving a non-trading shell company

  The requirements for reverse acquisitions in IFRS 3, and the guidance provided by the

  standard, discussed above are based on the premise that the legal parent/accounting

  acquiree has a business which has been acquired by the legal subsidiary/accounting

  acquirer. In some situations, this may not be the case, for example w
here a private entity

  arranges to have itself ‘acquired’ by a non-trading public entity as a means of obtaining

  a stock exchange listing. As indicated at 14 above, the standard notes that the legal

  parent/accounting acquiree must meet the definition of a business (see 3.2 above) for

  the transaction to be accounted for as a reverse acquisition, [IFRS 3.B19], but does not say

  how the transaction should be accounted for where the accounting acquiree is not a

  business. It clearly cannot be accounted for as an acquisition of the legal acquiree by

  the legal acquirer under the standard either, if the legal acquirer has not been identified

  as the accounting acquirer based on the guidance in the standard.

  In our view, such a transaction should be accounted for in the consolidated financial

  statements of the legal parent as a continuation of the financial statements of the private

  entity (the legal subsidiary), together with a deemed issue of shares, equivalent to the

  shares held by the former shareholders of the legal parent, and a re-capitalisation of the

  equity of the private entity. This deemed issue of shares is, in effect, an equity-settled

  share-based payment transaction whereby the private entity has received the net assets

  of the legal parent, generally cash, together with the listing status of the legal parent.

  Under IFRS 2, for equity-settled share-based payments, an entity measures the goods or

  services received, and the corresponding increase in equity, directly at the fair value of the

  goods or services received. If the entity cannot estimate reliably the fair value of the goods

  and services received, the entity measures the amounts, indirectly, by reference to the fair

  value of the equity instruments issued. [IFRS 2.10]. For transactions with non-employees,

  IFRS 2 presumes that the fair value of the goods and services received is more readily

  694 Chapter

  9

  determinable. [IFRS 2.13]. This would suggest that the increase in equity should be based on

  the fair value of the cash and the fair value of the listing status. As it is unlikely that a fair

 

‹ Prev