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Fundamental transactions and their regulation by the Companies Act No. 71 of 2008

1st April 2011

By: Creamer Media Reporter

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The new Companies Act No. 71 of 2008 is expected to become effective in 2011. The Act re-writes South African company law completely and will have far reaching effects.

One of the highlights of the new Companies Act No. 71 of 2008 (the Act) is its innovation in the area of “fundamental transactions” by which mergers and acquisitions are effected and the fact that the Act regulates fundamental transactions more stringently than the Companies Act No. 61 of 1973 (the old Act) did.

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Written by Gareth Driver and Huneiza Goolam, Directors at Werksmans Attorneys

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