Global ETD Search
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Showing 1 to 5 of 5 for “"Scheme of arrangement"”.
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The use of the offer of compromise/scheme of arrangement provisions of Section 311 of the Companies Act 61 of 1973 as a take-over mechanism
Since 1987, there has been a flurry of decisions relating to S311 of the Companies Act 61 of 1973 ("the Act") reported in the South African Law Reports. Many of the decisions concern the "standard" offer of compromise, which was previously used by third parties to acquire the creditors claims …
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Offers of compromises and schemes of arrangements in South African Company Law
… his risk by trying to take over a company with a scheme of arrangement applying section 311 of the South African Companies Act, which gives him the necessary· tool to takeover a 'clean' company without unknown creditors. That means that such a scheme must be a compromise or arrangement 'between …
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Offers of compromises and schemes of arrangements in South African company law
… his risk by trying to take over a company with a scheme of arrangement applying section 311 of the South African Companies Act, which gives him the necessary tool to takeover a 'clean' company without unknown creditors. That means that such a scheme must be a compromise or arrangement 'between the …
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The acquisition of a business - is a statutory merger in terms of section 113 of the Companies Act 71 of 2008 preferable to a common law sale?
… their businesses should be combined for a number of reasons. This may, for example, be done in order for the companies to have access to new markets, to increase their market share, to increase their profitability by reducing the inefficiencies involved in the running of two or more companies in …
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Tax implications for business rescues in South African Law
… difficulty in applying debt forgiveness in cases of corporate and business rescues. Taxation legislation was drafted to counter innovative section 311 schemes of arrangements where the sole purpose was to obtain maximum taxations benefits in relation to entities in financial difficulties. This …