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The reacquisition of shares in terms of the Companies Act 71 of 2008
Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613508911235072 |
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| access_status_str | Open Access |
| author2 | Swart, Christiaan (W.J.C) |
| author_browse | Swart, Christiaan (W.J.C) |
| author_facet | Swart, Christiaan (W.J.C) |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93332 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:16.203Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| 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:2263/93332 The reacquisition of shares in terms of the Companies Act 71 of 2008 Swart, Christiaan (W.J.C) Swart, Christiaan W.J.C. u16006501@tuks.co.za Marais, Anita UCTD Capital maintenance rule Company law Creditor and shareholder protection Reacquisition of shares by a company Schemes of arrangement Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2023. This mini-dissertation evaluates the regulation of share reacquisitions, as provided for in the Companies Act 71 of 2008 (the “Act”). The need and purpose for a legal system, such as the South African regime, to allow reacquisitions will be studied as background. Protection against the potential prejudice which creditors and shareholders are exposed to due to such distribution is stressed. Thereafter material issues and considerations relating to the provisions in the Act regulating reacquisitions are evaluated, including inconsistent terminologies usage and unnecessary cross-referencing. Significant legal questions such as whether a share reacquisition contemplated in section 48(8)(b) of the Act constitutes a scheme of arrangement or is merely subject to the requirements of sections 114 and 115 is furthermore considered, in light of the judgment in Capital Appreciation Ltd v First National Nominees (Pty) Ltd 2022 (6) SA 67 (SCA). The regulation of reacquisitions is also explored in view of the proposed changes in the Companies Amendment Bill, 2021. Finally, against the aforementioned context, this mini-dissertation considers if shareholders and creditors are adequately protected in the Act during reacquisitions. This will include a comparison brief reference to the protective measures offered in the United Kingdom and by the Companies Act 61 of 1973. It is argued in light of the potential abuse that creditors and shareholders may suffer that the Act’s regulation of reacquisitions is inadequate. The mini-dissertation concludes with recommendations for possible legal reform in respect of reacquisitions in terms of the Act. Mercantile Law LLM (Corporate Law) Unrestricted Faculty of Laws None 2023-11-17T07:53:07Z 2023-11-17T07:53:07Z 2024-12-31 2023 Mini Dissertation * http://hdl.handle.net/2263/93332 * en © 2023 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 Capital maintenance rule Company law Creditor and shareholder protection Reacquisition of shares by a company Schemes of arrangement The reacquisition of shares in terms of the Companies Act 71 of 2008 |
| title | The reacquisition of shares in terms of the Companies Act 71 of 2008 |
| title_full | The reacquisition of shares in terms of the Companies Act 71 of 2008 |
| title_fullStr | The reacquisition of shares in terms of the Companies Act 71 of 2008 |
| title_full_unstemmed | The reacquisition of shares in terms of the Companies Act 71 of 2008 |
| title_short | The reacquisition of shares in terms of the Companies Act 71 of 2008 |
| title_sort | reacquisition of shares in terms of the companies act 71 of 2008 |
| topic | UCTD Capital maintenance rule Company law Creditor and shareholder protection Reacquisition of shares by a company Schemes of arrangement |
| url | http://hdl.handle.net/2263/93332 |