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A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa

First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a statutory framework based on which shareholders can seek appraisal in relation to their shares at any point in time. This is significant in that the corporate statutes in both South Africa and Nigeria provid...

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Main Author: Eniola, Abimbola
Other Authors: Yeats, Jacqueline
Format: Thesis
Language:English
Published: Department of Commercial Law 2020
Subjects:
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access_status_str Open Access
author Eniola, Abimbola
author2 Yeats, Jacqueline
author_browse Eniola, Abimbola
Yeats, Jacqueline
author_facet Yeats, Jacqueline
Eniola, Abimbola
author_sort Eniola, Abimbola
collection Thesis
description First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a statutory framework based on which shareholders can seek appraisal in relation to their shares at any point in time. This is significant in that the corporate statutes in both South Africa and Nigeria provide for similar mechanisms for the protection of minority shareholders in almost every respect including the prejudicial and oppression remedy, derivative actions, squeeze-outs and so on, excepting the appraisal rights. Whilst there is clarity as to the existence of the appraisal remedy provision in South Africa’s corporate statute, the same cannot be said of Nigeria’s corporate statute. Consequently, the primary goal of this study is to identify if there is a framework for the exercise of appraisal remedy in Nigeria’s corporate statute. In carrying out this study, this dissertation examines the various components of the appraisal right provision in South Africa in detail. This helps to provide an understanding around the structure and the rationale behind a standard appraisal right provision. It is based on this understanding that certain pre-identified provisions in Nigeria’s corporate statutes will be investigated with a view to identifying potential statutory framework bearing semblance to South Africa’s appraisal right provision.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2020
publishDateRange 2020
publishDateSort 2020
publisher Department of Commercial Law
publisherStr Department of Commercial Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/31504 A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa Eniola, Abimbola Yeats, Jacqueline Commercial Law First, this study stems from the urge to bring clarity as to whether, in Nigeria, there is a statutory framework based on which shareholders can seek appraisal in relation to their shares at any point in time. This is significant in that the corporate statutes in both South Africa and Nigeria provide for similar mechanisms for the protection of minority shareholders in almost every respect including the prejudicial and oppression remedy, derivative actions, squeeze-outs and so on, excepting the appraisal rights. Whilst there is clarity as to the existence of the appraisal remedy provision in South Africa’s corporate statute, the same cannot be said of Nigeria’s corporate statute. Consequently, the primary goal of this study is to identify if there is a framework for the exercise of appraisal remedy in Nigeria’s corporate statute. In carrying out this study, this dissertation examines the various components of the appraisal right provision in South Africa in detail. This helps to provide an understanding around the structure and the rationale behind a standard appraisal right provision. It is based on this understanding that certain pre-identified provisions in Nigeria’s corporate statutes will be investigated with a view to identifying potential statutory framework bearing semblance to South Africa’s appraisal right provision. 2020-03-06T10:08:11Z 2020-03-06T10:08:11Z 2019 2020-03-05T07:20:06Z Master Thesis Masters LLM http://hdl.handle.net/11427/31504 eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Commercial Law
Eniola, Abimbola
A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa
thesis_degree_str Master's
title A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa
title_full A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa
title_fullStr A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa
title_full_unstemmed A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa
title_short A comparative analysis of shareholders' appraisal rights in Nigeria and South Africa
title_sort comparative analysis of shareholders appraisal rights in nigeria and south africa
topic Commercial Law
url http://hdl.handle.net/11427/31504
work_keys_str_mv AT eniolaabimbola acomparativeanalysisofshareholdersappraisalrightsinnigeriaandsouthafrica
AT eniolaabimbola comparativeanalysisofshareholdersappraisalrightsinnigeriaandsouthafrica