Nncompanies act 71 of 2008 regulations pdf merger

The regulations are made under section 22 of the european communities act 1972 and come into force on 6th april 2008. With the enactment of the companies act 71 of 2008 the act, there was a call for the courts and other bodies, such as the companies and intellectual property commission cipc, to harmonise the changes and differences between the outgoing companies act, namely the companies act 61 of 1973 the 1973 act and the act. In this merger, the federal trade commission ftc was alarmed by the fact that such a merger would allow timer warner to monopolize much of the programming in television. The companies act 71 of 2008 the act was signed into law on 8 april 2011 and its commencement date was 1 may 2011. The trp is a regulatory body, established in terms of section 196 of the companies act no 71 of 2008 the act. Fundamental transactions and their regulation by the. Pdfsam basic is free and open source and works on windows, mac and linux. Companies ct 2008 act o 71 of 2008 2 companies act, 2008 act no.

European union merger law is a part of the law of the european union. Schedule 5 of the act sets out the transitional arrangements, which are summarised as follows. Nothing in this document should be construed as professional advice. Implementation of amalgamation or merger part b authority of panel and takeover regulations 117.

In terms of section 225 of the companies act, 2008 act no. Companies amendment act 3 of 2011 saflii home saflii. University of cape town,faculty of law,department of commercial law, 2015 cited yyyy month dd. Promote the development of the south african economy by.

Do home country institutions matter in crossborder mergers and. The minister of trade and industry has, in terms of section 223 and. It is charged with regulating mergers between two or more entities in a corporate structure. Companies act no 71 of 2008 872kb pdf maatskappywet no 71 van 2008 685kb pdf companies amendment act, no 3 of 2011 2mb pdf companies regulations, 2011 pages 1 107 3,1mb pdf companies regulations, 2011 pages 108 212 4,2mb pdf companies regulations, 2011 pages 2 320 6,5mb pdf memorandum on the objects of the companies. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The enactment of s724 and s5 of the companies act, no. Companies act, 71 of 2008 series dommisse attorneys inc. Amendment of the companies act regulation, 2011 102kb pdf 5 february 2014. The acquisition of a business is a statutory merger in terms of section 1 of the companies act 71 of 2008 preferable to a common law sale thesis.

Corporate in a calabash introduction running a business in south africa may be done using one of three options. Ultimately, the ftc voted to allow the merger but stipulated that the merger could act in the interests of anticompetitiveness to the point at which the public good was. The only way companies could enter into a restructure under the old regime was. Accounting records, financial statements, financial reporting. Companies act no 71 of 2008 by ira epstein fluxmans inc. Click the box below to upload your pdfs, or drag and drop your pdfs into the box. Companies act 2008 summary of transitional arrangement. Preservation and continuation of court proceedings and orders 11. Kindly take note for the purpose of the acts mentioned in the schedule below, and as part of cipc providing support in respect o.

Choose from a variety of file types multiple pdf files, microsoft word documents, microsoft excel spreadsheets, microsoft powerpoint. This simple guide is intended, therefore, to provide an overview of the essential jurisdictional, procedural, and substantive elements of the ec merger regulation, highlighting changes made by the 2004 amendments as well as differences with u. Definitions applicable to this part, part c and takeover regulations 118. Promote compliance with the bill of rights as provided for in the constitution in the application of company law. Operating the business under a close corporation, as long as this close corporation was registered and in operation before 1 may 2010. It furthermore proposes the transformation of three existing company law entities, namely the takeover regulation panel, the financial reporting. Operating the business under ones own name as a sole proprietorship. Act requires that companies falling within specific categories. For guidance, the developers looked to south african company law for the 21st century. Companies act no 71 of 2008 western cape government. Merger and acquisition regulations english translation of the official arabic text issued by the board of the capital market authority pursuant to its resolution number 1502007 dated 2191428 h corresponding to 3102007 g based on the capital market law issued by. The acquisition of a business is a statutory merger in.

Takeover regulation panel to administer the requirements of the act with respect to. Quickly merge multiple pdf files or part of them into a single one. The following rules have been duly approved by the government and notified in the official gazette. Preexisting companies on 1 may 2011 every preexisting company, that was formed in terms.

Chapter 4 examines the requirements to be met when the company acquires its shares under the 2008 act. General preservation of regulations, rights, duties, notices and other instruments 12. Companies amendment act 3 of 2011 act to provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of. Notes on the guide to companies act no 71 of 2008 2 1. The panel will have powers similar to those currently vested in the srp. These regulations, made under section 19 of the companies act 2006 c. It has been announced that the new companies act no.

Companies act 2008 notes on the guide to companies act no 71 of 2008 2 1. Previously regulated by voluntary standards and norms, the. Application of this part, part c and takeover regulations. Council regulation ec no 92004 of 20 january 2004 on the control of concentrations between undertakings the ec merger regulation official journal l 24, 29. This chapter will analyse the relevant parts of section 46 and 48 of the 2008 act, which respectively deal with distribution and share buyback. Members of the trp are appointed by the minister of the department of trade and industry the dti after nomination by various industry bodies. If you are considering setting up a company, the two options that are available to you are to either incorporate a new company which is registered with the correct details from inception, or you can acquire a shelf company, transfer the shares held by the incorporator to the new. Continued investigation and enforcement of previous act 14. Companies act 71 of 2008 english text signed by the president assented to. This institution has jurisdiction over concentrations that might or might not impede competition. Guidelines for corporate law reform may 2004, a policy document developed by the department of trade and industry the dti. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.