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A how-to-guide for M&A transactions

15 April 2024,  Ahmed Dhupli, Johnny Davis, Sian Angus

A Merger or Acquisition (M&A) can be a complex transaction that can be effected in a number of ways depending... on the nature of the transaction as well as the scope and intent of the parties. In this article, we look at some of the most common methods for affecting an M&A. 

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Article
Alignment or misalignment? The BEE Commission, the Competition Commission and M&A

15 April 2024,  Luhann Prinsloo

As much as M&A transactions are a part of our economic landscape and vital to economic growth and investment in... South Africa, there remains a vital balance been economic growth and addressing historical disparities and increasing the participation of previously disadvantaged in the economy. To regulate and align these objectives, the Competition Commission and BEE Commission play pivotal roles. But, do their functions complement each other? In this article, we investigate how their respective functions and mandates align (or not) in respect of the South African M&A environment.

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50
Article
Private vs Listed Company M&A Transactions

15 April 2024,  Armand Vermeulen

Mergers and Acquisitions (“M&A”) are a pivotal part of South Africa’s growing and developing corporate landscape. There are however some... unique differences when dealing with private or listed company M&As. In this article, we look at some of the more distinctive traits and considerations associated with M&A transactions in these two sectors in South Africa.

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Article
Relationship triangle between M&A, BEE and Foreign Entities

15 April 2024,  Johnny Davis, Mark le Riche

The Merger & Acquisition (M&A) landscape in South Africa does not only consider competition within the South African market but... also considers the impact M&A transactions may have on historically disadvantaged people as regulated by the Broad-Based Black Economic Empowerment Act 53 of 2003 (“BEE Act”). In this article, we look at the relationship triangle between M&A transactions, the requirements of the BEE Act, and its impact on foreign entities wishing to invest in South Africa through an M&A.

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Article
Good Housekeeping: Preparing for an M&A

15 April 2024,  Luhann Prinsloo, Sian Angus

When a company is considering a Merger or Acquisition transaction (M&A), it is vital that the correct preparation is done... for the transaction using what we call good ‘housekeeping’ practices. In this article we take a look at these housekeeping practices and why they are important in the run-up to an M&A.

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Article
Merger & Acquisitions: Why they fail?

15 April 2024,  Mark le Riche

Mergers and Acquisitions (M&A) are intricate commercial transactions that hold huge potential for economic growth, investment, job creation and increased... market competitiveness. Yet, their complexity can also be their undoing. In this article, we take a look at some of the main pitfalls and issues in South Africa that result in unsuccessful M&As or M&As that don’t live up to their expectations.

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Article
Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024,  Daniela Teixeira

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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291
Article
What to expect from the new draft Employment Equity Act Regulations

27 March 2024,  Gauta Mokati

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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257
Article
How liable is an owner for damage caused by animals?

26 March 2024,  Jaimee Best

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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367
Article
To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024,  Carl Kellerman

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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Article
Safeguarding your legacy for your children

26 March 2024,  André van Niekerk

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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Article
A litigant’s right to a fair trial and a lost trial record

25 March 2024,  Jonathan Le Riche

If a court record is lost, does this still constitute a right to a fair trial?

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Article

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