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 ...
Jun 2, 2020Tanya Jacobsz
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 ...
May 25, 2020Tanya Jacobsz
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 ...
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 ...
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 ...
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 ...
Jan 17, 2020Tanya Jacobsz