Following on the brief article recently on the possible effects that COVID-19 will have on Offerors relying on Material Adverse Changes (MAC) to “walk away” from announced transactions, I thought it prudent to also raise and discuss the more than likely rise of unsolicited offers or so-called “hostile takeovers” during ... Read More
Archive: 2020
02
Jun2020
25
May2020
INTRODUCTION
Takeovers and in particular, public takeovers must at all times be conducted with certainty and transparency in that once an Offeror issues an announcement of intent to acquire a public or listed entity he is bound and cannot simply walk away from the deal based on what it considers unfavourable ... Read More
18
Jan2020
Author: Basil Mashabane, 1 April 2014
This is a follow-up to the article ‘Mergers and takeovers under the new Companies Act’ (2011 (Sept) DR 30) where I discussed the fact that South African mergers and acquisitions are experiencing a paradigm shift following the enactment and implementation of the new Companies Act 71 of 2008 ... Read More
18
Jan2020
Author: Basil Mashabane, 1 December 2016
The purpose of this article is to briefly introduce a discussion around appraisal rights, their history and background, how they find application under our Companies Act 71 of 2008 (the Companies Act) and the impact they have had so far in our company law regime ... Read More
18
Jan2020
Author: Basil Mashabane, 17 November 2014
The Companies Act, 2008 (“the Act”) came into force during May 2011 and it brought with it some interesting new provisions designed to put South African Corporate law at the cutting edge and on par with other developed countries.
One of the new innovations under the ... Read More
17
Jan2020
By Basil Kgaugelo Mashabane
The purpose of this article is to briefly deal with the mandatory offer requirements in terms of s 123 of the Companies Act 71 of 2008 (the Act) involving regulated companies and whether or not they can be waived with respect to share buy-back transactions done in ... Read More