In the recent case of Van Der Watt v Schoeman and Others (3393/2022), the Eastern Cape High Court considered the application of section...

Navigating M&A transactions in South Africa involves selecting the governing law. Although South African law typically governs...

In South African private M&A transactions, private arbitration reigns as the preferred method of dispute resolution. Private arbitration...

Private M&A transactions in South Africa typically involve several key dates and terms that play a crucial role in defining the...

In South African private M&A acquisition agreements, it's not unusual to encounter escrow/holdback/retention arrangements. Typically,...

In South African private M&A transactions, sellers usually provide representations, warranties, and indemnities to buyers. Representations...

It is customary in private M&A transactions in South Africa to incorporate specific provisions within a Sale and Purchase Agreement ...

In private M&A transactions in South Africa where there is an anticipated substantial time gap between the signing of the agreement and...

The specific conditions of an acquisition agreement can differ greatly, depending on the particular transaction. In South Africa, there...

When it comes to structuring private M&A transactions in South Africa, there are three primary options available to the parties:...

In many South African M&A transactions, the purchase price follows a "cash-free, debt-free" framework, with potential adjustments based...

In South Africa, security over shares owned by a debtor pursuant to a lending transaction is taken by way of pledge and cession. Similar...

The appraisal rights under the South African Companies Act, 2008 allow a dissenting shareholder in limited circumstances, for example, a...

In terms of section 41(3) of the South African Companies Act, 2008 (the Act), a special resolution is mandatory when issuing shares,...

In terms of the South African Companies Act, 2008 if a company issues shares without proper authorization under section 36 or exceeds the...

Under the South Africa Companies Act, 2008, and subject to financial assistance considerations, shareholders can subscribe for shares...

A material adverse change (MAC) is a commonly used term in merger and acquisition agreements, both internationally and in South Africa....

Section 48 of the South African Companies Act, 2008 states that the board of a company has the authority to decide that the company will...

In this regard, the Act is liberally drafted, allowing companies significant flexibility to design the merger transaction according to...

Many South African private equity funds are structured as en commandite partnerships, which are governed by common law and established...