Beyond IPOs: Time to end firms ownership limitations

It’s everyone’s dream to build a business empire, become affluent by providing a unique product or service. That is the stuff of innovators and founders.

There is pride, prestige and a sense of mystique in starting a firm, seeing it grow, and eventually listing it on the securities exchange through an initial public offering (IPO).

It’s even more enchanting when the firm bears your name, including central Kenya style, Esajo, Jacter, Muthokinju, among others.

Whether you are talking about Equity Bank, Toyota, Google, Facebook or even Safaricom, listing is a badge of honour, an entrepreneur’s ultimate dream. 

Listing widens the ownership of a firm, injects it with more funds for expansion or stability and creates a new crop of affluent people, if the share prices go up substantially.

Potential investors

Predicting the right price is a moving target. Too high, will keep off potential investors. Too low will lead to over-subscription, or signal to the market that the firm is not that valuable.

Decisions on where to list and when make all the difference.

The procedures for listing are available on any stock market. IPOs create a lot of excitement in the market. Recall the IPOs during the Kibaki era?

We need another wave of IPOs. Are we lacking ready firms for IPOs?

Would that serve as an economic stimulus? All that money going to gambling would go to IPOs! 

Let’s shift gears and look at the overlooked side of IPOs. They shift ownership of the firm from the founders to the masses or selected owners in the case of private placement.

Who should buy into the listed firm? It’s mostly investors who perceive the potential of the firm, its growth and future dividends. Who foresaw the growth of Safaricom, Facebook or other new firms? 

That is why market research matters, either as individuals or through investment banks. Recall all the hullabaloo over the Safaricom IPO price of Sh5? Someone had even suggested Sh100 as the best price. Emotions partially determine the price. 

The bigger question is, who are these sophisticated investors with enough information to buy and bid their time either as speculators or investors waiting for dividends?

Should they be citizens of the country where the firm is domiciled, or anyone with money on this planet? Many countries have rules and regulations on the percentage of foreigners that can own shares in listed firms.

It makes it impossible for non-citizens to take over local firms just because they have money.

It is like allowing someone to marry as many women as they can because they have money.

National pride

Security concerns, couched in terms like strategic firms or assets, are used to restrict ownership. Less discussed is nationalism and national pride.

We could add disinheritance. Should a family sell all the land just because the price is very good?

Did I hear high land prices are behind the high-rise buildings on the outskirts of Nairobi in Wangige, Kinoo and Ruaka as land passes from original owners to the next generation, more willing to dispose of land?

Interestingly, my dad tried unsuccessfully to buy land around Tatu City in 1927. Mbari ya Igi refused to sell him. I recently took “revenge” on his behalf in my own way.

Without such laws and regulations, investors with more money and superior information will gobble up firms wherever they can find them.

After all, making money and profits is the dream of any investor.

Take a local example. Should foreigners buy off 100 per cent of Equity or Safaricom? Should we smile when the National Bank is sold? Are these not Kenya’s economic firstborns?

Currently, the laws allow, unless the shareholders are unwilling to sell their shares.

The change in law gave the National Treasury Cabinet Secretary the power to prescribe ownership limitations during IPOs or later to protect strategic industries.

The key objective of removing a cap on foreign ownership was to attract capital flows. Why not more foreign direct investment (FDI) or Greenfield investments?

Beautiful girls

Why not more trade? By the way, a good pastime is analysing the ownership structure of Kenya’s listed firms.

Without such restrictions, investors will just wait for firms to grow and buy them out. This is akin to parents rearing beautiful girls, married off just when old enough.

That is why I support dowry, as a token of appreciation. That is why I moonlight as a certified dowry negotiator. We can argue that the founders get money when firms are bought off.

But life is more than money; family and national pride can’t be priced.

Is bequeathing a firm to the next generation better than selling it through capital markets? Should we be less nationalistic and just let the market do its work? Why are foreigners restricted from owning freehold land?

Should we celebrate or shed economic tears when local firms are bought outright by foreigners?