If Fisher does win the bidding war (as this column goes online on Tuesday a meeting between the two parties is expected to take place) Tower's default KiwiSaver status could come into question.
According to the Tower default KiwiSaver instrument of appointment, the Finance Minister has the discretion to revoke the default provider status after "a change of any provider... involved in administration or management of the default KiwiSaver scheme... (including a change in beneficial ownership of the provider)..."
However, with just over a year until the original default KiwiSaver contracts officially expire, the government is more likely to leave the system as is even if the Tower sale goes through. And in the only previous example of its kind (when AMP bought fellow KiwiSaver default provider, Axa, a couple of years ago) the government offered no protest.
Assuming the Fisher sale proceeds, the group could overtake AMP in the KiwiSaver rankings. According to research house Plan for Life, Fisher managed $660 million in its scheme while Tower KiwiSaver reported funds under management of almost $900 million as at December 2012, compared to AMP's $1.48 billion.
As well as the sale of its investment business, Tower has also been in talks to sell its insurance arm, with Fidelity Life understood to be the front-runner in that race.
Tower's AGM is set down for March 21 where shareholders will be asked to approve a $120 million capital return, comprising the $103 million it received for the sale of its health insurance business last September and the $17 million left over from its renounceable rights issue in 2009.