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The return of capital to shareholders by means of a repurchase of securities
Mini Dissertation (LLM)--University of Pretoria, 2014.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2015
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| _version_ | 1867613713216831488 |
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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 | Mini Dissertation (LLM)--University of Pretoria, 2014. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/46014 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:31.230Z |
| 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:2263/46014 The return of capital to shareholders by means of a repurchase of securities Delport, Petrus Albertus Visser, André UCTD Mini Dissertation (LLM)--University of Pretoria, 2014. Sections 46 and 48 of the Companies Act, 2008, regulates the process for implementing a share repurchase within a company. This study analyses the historical development of the implementation of share repurchase legislation in South African company law, by analysing the capital maintenance rule that existed before 1999, and then following the recent developments through the changes to the Companies Act, 1973 in 1999, under promulgation of the Companies Act, 2008. The study then analyses the provisions of sections 46 and 48 of the Companies Act, 2008, analysing those provisions from a practical implementation perspective to ascertain the procedural requirements applicable to directors and shareholders, and how the process of implementing a share repurchase may be implemented. There is then an analysis of the share repurchase provisions in the USA, UK and Australia to compare them at a very high level to the provisions in South Africa mainly to ascertain whether or not the South African requirements are comparable to international best practice. Finally, a very brief analysis is made of some other factors that may be relevant to a decision to return capital to shareholders by means of a share buy-back, to ascertain to what extent factors may impose higher requirements, influence the decision as to what mechanism to utilise to implement a return of capital to shareholders. tm2015 Mercantile Law LLM Unrestricted 2015-07-02T11:06:23Z 2015-07-02T11:06:23Z 2015/04/16 2014 Mini Dissertation Visser, A 2014, The return of capital to shareholders by means of a repurchase of securities, LLM Mini-dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/46014> A2015 http://hdl.handle.net/2263/46014 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 The return of capital to shareholders by means of a repurchase of securities |
| title | The return of capital to shareholders by means of a repurchase of securities |
| title_full | The return of capital to shareholders by means of a repurchase of securities |
| title_fullStr | The return of capital to shareholders by means of a repurchase of securities |
| title_full_unstemmed | The return of capital to shareholders by means of a repurchase of securities |
| title_short | The return of capital to shareholders by means of a repurchase of securities |
| title_sort | return of capital to shareholders by means of a repurchase of securities |
| topic | UCTD |
| url | http://hdl.handle.net/2263/46014 |