In a statement, OMH said at the AGM held in Singapore that resolutions 1-9 and resolution 11 were passed, with resolution six, which required approval for the issue of 345 million new shares for the Hong Kong listing, receiving 64.96% of the vote.
However, resolution ten, which related to an amendment to the by-laws in order to dual-list on the Hong Kong Stock Exchange, and which required the backing of 75% of its shareholders, was not passed, receiving only 66.29% of the vote.
“The company is seeking legal advice as to the impact, if any, of resolution 10 not being passed and its impact on the Hong Kong listing process,” OMH said.
“In the meantime, in light of shareholders support for the Hong Kong listing, the company will be continuing with its application to list in Hong Kong.”
OMH added that it needed to better communicate the purpose and objectives of changes in by-laws to shareholders if such changes continue to be pursued.
The news comes after the Federal Court knocked back an application made by shareholder Consolidated Minerals relating to resolutions 6-10 prior to the AGM.
ConsMins, which holds an 11.4% stake in OMH through Stratford Sun, wrote to OMH stating that the notice of AGM reflected a “lack of meaningful disclosure” regarding a potential initial public offering on the HKSE and that such an action would “massively dilute existing shareholders through the unexplained plans to dual-list”
However, OMH has dismissed ConsMins claims and said it would “vigorously” defend any claims pursued by ConsMins.
OMH believes the dual-listing in Hong Kong will broaden its shareholder base internationally and give it access to future capital raising opportunities in the Asian market.
Shares in OMH have gained 1.5c to $1.30 in morning trade.