n Without Prejudice - Using the appraisal remedy and finding fair value : company law




The appraisal remedy, provided for in s164 of the Companies Act (71 of 2008), allows a shareholder to opt out of the company for a fair cash consideration if the company proceeds with certain corporate transactions with which the shareholder does not agree. However, some ambiguity and procedural uncertainties remain and need to be clarified for the appraisal remedy to be effective, not least of which is how a 'fair' value is to be determined.


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