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The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism
Since 1987, there has been a flurry of decisions relating to S311 of the Companies Act 61 of 1973 ("the Act") reported in the South African Law Reports. Many of the decisions concern the "standard" offer of compromise, which was previously used by third parties to acquire the creditors claims agains...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2023
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| _version_ | 1867613190269960192 |
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| access_status_str | Open Access |
| author | Bloch, A. M. |
| author2 | Blackman, M. |
| author_browse | Blackman, M. Bloch, A. M. |
| author_facet | Blackman, M. Bloch, A. M. |
| author_sort | Bloch, A. M. |
| collection | Thesis |
| description | Since 1987, there has been a flurry of decisions relating to S311 of the Companies Act 61 of 1973 ("the Act") reported in the South African Law Reports. Many of the decisions concern the "standard" offer of compromise, which was previously used by third parties to acquire the creditors claims against (and shares in) companies in liquidation ( normally provisional), thereby freeing the company from liquidation and creating the potential for considerable taxation advantages to accrue to the acquirer. However, two recent decisions in the Transvaal, both of which concerned schemes of arrangement under S311 involving the acquisition of shares in trading companies, highlight important questions in regard to the use of the S311 procedure as a take-over mechanism. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38824 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:12.136Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38824 The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism Bloch, A. M. Blackman, M. commercial law Since 1987, there has been a flurry of decisions relating to S311 of the Companies Act 61 of 1973 ("the Act") reported in the South African Law Reports. Many of the decisions concern the "standard" offer of compromise, which was previously used by third parties to acquire the creditors claims against (and shares in) companies in liquidation ( normally provisional), thereby freeing the company from liquidation and creating the potential for considerable taxation advantages to accrue to the acquirer. However, two recent decisions in the Transvaal, both of which concerned schemes of arrangement under S311 involving the acquisition of shares in trading companies, highlight important questions in regard to the use of the S311 procedure as a take-over mechanism. 2023-09-22T11:02:21Z 2023-09-22T11:02:21Z 1991 2023-09-22T11:02:08Z Master Thesis Masters LLM http://hdl.handle.net/11427/38824 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | commercial law Bloch, A. M. The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism |
| thesis_degree_str | Master's |
| title | The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism |
| title_full | The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism |
| title_fullStr | The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism |
| title_full_unstemmed | The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism |
| title_short | The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism |
| title_sort | use of the offer of compromise scheme of arrangement provisions of section 311 of the companies act 61 of 1973 as a take over mechanism |
| topic | commercial law |
| url | http://hdl.handle.net/11427/38824 |
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