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Chapter 4 offer regulation under the 2008 Companies Act
Thesis (LLD)--University of Pretoria, 2014.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2015
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| _version_ | 1867613481722707968 |
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| access_status_str | Open Access |
| author2 | Delport, Petrus Albertus |
| author_browse | Delport, Petrus Albertus |
| author_facet | Delport, Petrus Albertus |
| collection | Thesis |
| dc_rights_str_mv | © 2015 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 (LLD)--University of Pretoria, 2014. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/45981 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:50.456Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| 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:2263/45981 Chapter 4 offer regulation under the 2008 Companies Act Delport, Petrus Albertus Labuschagne, Frederik J. UCTD Thesis (LLD)--University of Pretoria, 2014. Chapter 4 of the Companies Act of 2008 aims to regulate offers to the public of securities and is reviewed against the principles which underscore the regulation of offerings. An overview of the historical development of the company which is parallel to the regulation of securities shows the crystallized principles which are compared against the development and enactment of the current regulatory regime. The concept of “complete law” as key element to effective regulation is discussed and applied in the review of Chapter 4 determining the effectiveness of the dispensation. The three determining concepts of regulation: the “offer,” “securities” and “public” are studied against the definitions which determine regulation and the inclusion of secondary market regulation of unlisted securities. Serious shortcomings in the process are identified. These errors, together with the practical problems of defining and regulating the secondary market in Chapter 4 read with the remainder of the delineating definitions, concludes that the current system is not in line with the principles of regulation and the Grundnorm of fraud prevention, resulting in Chapter 4 falling under the concept of “incomplete law” resulting in a high probability of enforcement failure and inefficiency. A comparative overview related to the jurisdictions of the United Kingdom and the United States follows with recommendations aimed at amending Chapter 4 relating to the regulatory regime in toto as well as the regulation of unlisted securities in the secondary market. tm2015 Mercantile Law LLD Unrestricted 2015-07-02T11:06:18Z 2015-07-02T11:06:18Z 2015/04/16 2014 Thesis Labuschagne, FJ 2014, Chapter 4 offer regulation under the 2008 Companies Act, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/45981> A2015 http://hdl.handle.net/2263/45981 en © 2015 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 Chapter 4 offer regulation under the 2008 Companies Act |
| title | Chapter 4 offer regulation under the 2008 Companies Act |
| title_full | Chapter 4 offer regulation under the 2008 Companies Act |
| title_fullStr | Chapter 4 offer regulation under the 2008 Companies Act |
| title_full_unstemmed | Chapter 4 offer regulation under the 2008 Companies Act |
| title_short | Chapter 4 offer regulation under the 2008 Companies Act |
| title_sort | chapter 4 offer regulation under the 2008 companies act |
| topic | UCTD |
| url | http://hdl.handle.net/2263/45981 |