n Transactions of the Centre for Business Law - Corporate control transactions in South Africa : chapter 4 : part two : South Africa on corporate control

Volume 2010, Issue 46
  • ISSN :



The chapter scrutinises corporate control transactions, in particular, how they are used to attain control. The Securities Regulation Code on Takeovers and Mergers (the Code) regulates corporate transactions where exchange of control is involved. The Code was set up by the Securities Regulation Panel (the Panel). It consists of rules and regulations of the Panel to regulate affected transaction and all proposals, which will eventually become affected transactions. The regulation of the Code is mainly concerned with the duties of the parties to an affected transaction. In other words, the Panel must ensure that all affected transactions are fair and there is equal treatment for the holders of securities in those transactions. An affected transaction has been interpreted to include a takeover, a merger, a compulsory acquisition, a mandatory offer or a joint venture.

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