8-KOther Events

SOUTHERN COPPER CORP/ 8-K Report, Corporate Update (Apr 8, 2009)

Filed April 8, 2009For Securities:SCCO

Summary

Southern Copper Corporation (SCCO) has disclosed a significant legal development stemming from a dispute over the 2003 sale of SCCO shares. The United States District Court for the Southern District of Texas ruled that SCCO's parent company, Americas Mining Corporation (AMC), must return approximately 29% of SCCO's outstanding common stock to Asarco LLC, a subsidiary of SCCO's ultimate parent, Grupo México, S.A.B. de C.V. (GMéxico). In addition to the shares, AMC is also required to pay an amount equivalent to the dividends distributed on these shares since their acquisition in 2003. This court order represents a material event that could potentially impact SCCO's share structure and ownership if the ruling is upheld. However, GMéxico has publicly stated its intention to appeal this decision. Investors should closely monitor the appeals process, as the outcome could have substantial implications for the company's governance, financial standing, and stock performance. The company has not yet provided further details on the specific financial impact of this order beyond the stated intent to appeal.

Key Highlights

  • 1A U.S. District Court has ordered Americas Mining Corporation (AMC) to return SCCO shares acquired in 2003 to Asarco LLC.
  • 2The shares in question represent approximately 29% of Southern Copper Corporation's (SCCO) outstanding common stock.
  • 3AMC must also return dividends paid on these shares since the 2003 acquisition.
  • 4SCCO's ultimate parent, Grupo México (GMéxico), intends to appeal the court's opinion and order.
  • 5The ruling pertains to a transaction involving SCCO's parent (AMC) and a subsidiary of its ultimate parent (Asarco).
  • 6This legal development could have significant implications for SCCO's ownership structure and financial position.

Frequently Asked Questions

The main issue is a court ruling that orders Southern Copper Corporation's parent, Americas Mining Corporation (AMC), to return approximately 29% of SCCO's outstanding shares, along with associated dividends, to Asarco LLC. This stems from a 2003 share sale transaction.

SCCO's ultimate parent, Grupo México (GMéxico), has announced its intention to appeal the decision issued by the U.S. District Court.

If the ruling is upheld, it could significantly alter SCCO's share structure by returning a large block of shares to Asarco. This might affect control, governance, and potentially financial metrics. However, the pending appeal introduces significant uncertainty regarding the final outcome.

The original sale of SCC's common stock by Asarco to AMC, which is the subject of the current dispute, occurred in 2003.