n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - An alternative view of the appraisal remedy : analyses




An article appearing in this journal raised questions and stated propositions in relation to the appraisal remedy provisions found in section 164 of the Companies Act 71 of 2008 ('the Act'). It was suggested that these questions required clarification through either legislative intervention or judicial determination.

The article in question was published prior to the commencement of the Act and thus subsequent amendments may not have been considered. This could perhaps explain all or part of the uncertainty regarding some of the issues covered. Whether this may be the case, and the extent to which it may be the case, will not be considered here. This note instead focuses on seven questions or concerns identified in the article and presents an alternative view to each of them.


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