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1	Legal aspects of the regulation of mergers and acquisitions Oberholzer, Cornelius Christiaan 11 1900 (has links) One of the objectives of the Securities Regulation Code on Takeovers and Mergers ("the Code") was to achieve neutrality of treatment of minority shareholders in takeover situations irrespective of the method employed to effect the takeover. This objective has not yet been achieved despite the inclusion of Rule 29 in the Code. Different levels of minority protection apply depending on the method used to effect a takeover. Asset takeovers are also excluded from the ambit of the Code. It is suggested that capital reductions and security conversions be prohibited to effect a takeover unless the Code is applicable to the transaction. The scheme of arrangement procedure, with certain suggested amendments, should be retained as a takeover method. It is further suggested that section 228 of the Companies Act be amended to ensure greater minority shareholder protection but that asset takeovers not be included within the ambit of the Code at this stage. / Private Law / LL.M. Securities Regulation Code Takeovers Scheme of arrangement Reduction of capital Securities conversion Asset takeovers Section 228 of the Companies Act, 1973 Mergers and acquisitions Compensating advantage Offeror and offeree company Redeemable preference shares method 346.6626068 Corporation law -- South Africa
2	Legal aspects of the regulation of mergers and acquisitions Oberholzer, Cornelius Christiaan 11 1900 (has links) One of the objectives of the Securities Regulation Code on Takeovers and Mergers ("the Code") was to achieve neutrality of treatment of minority shareholders in takeover situations irrespective of the method employed to effect the takeover. This objective has not yet been achieved despite the inclusion of Rule 29 in the Code. Different levels of minority protection apply depending on the method used to effect a takeover. Asset takeovers are also excluded from the ambit of the Code. It is suggested that capital reductions and security conversions be prohibited to effect a takeover unless the Code is applicable to the transaction. The scheme of arrangement procedure, with certain suggested amendments, should be retained as a takeover method. It is further suggested that section 228 of the Companies Act be amended to ensure greater minority shareholder protection but that asset takeovers not be included within the ambit of the Code at this stage. / Private Law / LL.M. Securities Regulation Code Takeovers Scheme of arrangement Reduction of capital Securities conversion Asset takeovers Section 228 of the Companies Act, 1973 Mergers and acquisitions Compensating advantage Offeror and offeree company Redeemable preference shares method 346.6626068 Corporation law -- South Africa
3	Tax implications for business rescues in South African Law Du Toit, Leo 24 July 2013 (has links) The South African Revenue Service has in the past had difficulty in applying debt forgiveness in cases of corporate and business rescues. Taxation legislation was drafted to counter innovative section 311 schemes of arrangements where the sole purpose was to obtain maximum taxations benefits in relation to entities in financial difficulties. This approach was only concerned with the interests of the Revenue authorities. The central theme of this study focuses of the procedures now available to tax authorities and debtors alike when compromises were and are considered in South Africa in terms of income tax and company legislation. The South Africa Revenue Service’s approach the corporate rehabilitation is examined which is vital for investors, creditors and debtors alike. A comparative study with similar procedures in England is undertaken to establish how valid the procedures are in establishing a viable corporate rescue environment in South Africa in the future. / Dissertation (LLM)--University of Pretoria, 2012. / Procedural Law / unrestricted Corporate rescue Corporations Tax Act Income Tax Act Judicial management Scheme of arrangement Section 311 schemes of arrangement Section 91a settlements South African Revenue Service (SARS) The Crown Tax Administration Act Value added tax (VAT) Compromise Company voluntary arrangement Capital gains tax Business rescue Alternative dispute resolution Administration UCTD

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