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Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008
Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613695278841856 |
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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 | © 2019 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 (Corporate Law))--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/79961 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:13.972Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/79961 Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 Botha, Monray Marsellus u29067317@tuks.co.za Sididzha, Zwonaka Angela UCTD Companies Act 71 of 2008 affected transactions Takeover Regulation Panel corporate governance fundamental transactions Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2020. This is a research analysis on whether the Companies Act 71 of 2008 (the Act) balances the competing rights and interests of stakeholders affected by an affected transaction and fundamental transaction, and the remedial procedures triggered by these transactions. The new regime relating to fundamental transactions and affected transactions in the Act has, in practice, presented a number of legal questions, the answers to which are not readily apparent from the Act itself.1 These innovative provisions have also brought with them some fear and anxiety for a number of small and medium sized private companies as the administrative duties associated with the regulation of these transactions are fairly onerous and costly.2 The Companies Act 71 of 2008 aims: “to provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of foreign companies carrying on business within the Republic; to define the relationships between companies and their respective shareholders or members and directors; to provide for equitable and efficient amalgamations, mergers and takeovers of companies; to provide for efficient rescue of financially distressed companies; to provide appropriate legal redress for investors and third parties with respect to companies; to establish a Companies and Intellectual Property Commission and a Takeover Regulation Panel to administer the requirements of the Act with respect to companies, to establish a Companies Tribunal to facilitate alternative dispute resolution and to review decisions of the Commission; to establish a Financial Reporting Standards Council to advise on requirements for financial record-keeping and reporting by companies; to repeal the Companies Act, 1973 (Act No. 61 of 1973), and make amendments to the Close Corporations Act, 1984 (Act No. 69 of 1984), as necessary to provide for a consistent and harmonious regime of business incorporation and regulation; and to provide for matters connected therewith.” 3 The Act aims for a more flexible approach that has a balance between accountability and transparency, with less regulatory burden. Mercantile Law LLM (Corporate Law) Unrestricted 2021-05-19T08:10:59Z 2021-05-19T08:10:59Z 2021-10 2020-11 Mini Dissertation *Sididzha, GE 2020, , LLM dissertation, University of Pretoria, Pretoria S2021 http://hdl.handle.net/2263/79961 en © 2019 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 Companies Act 71 of 2008 affected transactions Takeover Regulation Panel corporate governance fundamental transactions Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 |
| title | Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 |
| title_full | Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 |
| title_fullStr | Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 |
| title_full_unstemmed | Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 |
| title_short | Affected and fundamental transactions: balancing the competing rights and interests of stakeholders envisaged in the Companies Act 71 of 2008 |
| title_sort | affected and fundamental transactions balancing the competing rights and interests of stakeholders envisaged in the companies act 71 of 2008 |
| topic | UCTD Companies Act 71 of 2008 affected transactions Takeover Regulation Panel corporate governance fundamental transactions |
| url | http://hdl.handle.net/2263/79961 |