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Shareholder protection rules under fundmental transactions
Thesis (PhD (Mercantile Law))--University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2026
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| _version_ | 1867613688248139776 |
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| access_status_str | Open Access |
| author2 | Botha, Monray Marsellus |
| author_browse | Botha, Monray Marsellus |
| author_facet | Botha, Monray Marsellus |
| collection | Thesis |
| dc_rights_str_mv | © 2025 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (PhD (Mercantile Law))--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/109730 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:07.413Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/109730 Shareholder protection rules under fundmental transactions Botha, Monray Marsellus u17174602@tuks.co.za Scott, Tshepiso Masondo, Nkululeko UCTD Sustainable Development Goals (SDGs) South African corporate law Shareholder protection Companies act 61 of 1973 Fundamental transactions Thesis (PhD (Mercantile Law))--University of Pretoria, 2021. Empirical research in previous years has shown the history and evolution of takeovers and mergers in South Africa. Many theories have emerged to show the advancement in the Companies Act 71 of 2008 (2008 Act) from the Companies Act 61 of 1973, especially in issues relating to takeovers and reorganisations. This includes measures in the 2008 Act that are designed to protect shareholders involved in fundamental transactions. Several academic writers have provided insight into the changes brought about by the 2008 Act with regard to the protection of shareholders, especially in fundamental transactions. It is noted that shareholder protection rules and fundamental transaction rules are the result of some of the purposes of the 2008 Act. Both these rules are a result of the purpose to encourage investment in the economy of the country and to promote the development of South African markets, respectively. However, this research, through critical and comparative analysis of shareholder protection rules in South Africa, the United States of America, India and the United Kingdom, sets out to highlight the conflict between shareholder protection rules and fundamental transactions rules in the 2008 Act. It also shows that with the realisation of one rule comes the transgression of the other and raises the question of whether the 2008 Act has actually struck the right balance. Mercantile Law PhD (Mercantile Law) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2026-04-23T09:42:12Z 2026-04-23T09:42:12Z 2022 2021-04 Thesis * S2021 http://hdl.handle.net/2263/109730 en © 2025 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) South African corporate law Shareholder protection Companies act 61 of 1973 Fundamental transactions Shareholder protection rules under fundmental transactions |
| title | Shareholder protection rules under fundmental transactions |
| title_full | Shareholder protection rules under fundmental transactions |
| title_fullStr | Shareholder protection rules under fundmental transactions |
| title_full_unstemmed | Shareholder protection rules under fundmental transactions |
| title_short | Shareholder protection rules under fundmental transactions |
| title_sort | shareholder protection rules under fundmental transactions |
| topic | UCTD Sustainable Development Goals (SDGs) South African corporate law Shareholder protection Companies act 61 of 1973 Fundamental transactions |
| url | http://hdl.handle.net/2263/109730 |