Section 94: Regulating takeovers
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
94. Regulating takeovers
(1) Regulations made under this Act may provide for—
(a) the making of takeovers; and
(b) the rights and obligations of persons when a takeover is made.
(2) For the purposes of subsection (1), “takeover” means an offer made
by or on behalf of a person (“offeror”) to acquire such securities of the
offeree which will result in the offeror acquiring effective control of the
offeree, either at one time or over a period of time.
(3) For the purposes of this Part, an offeror acquires effective control of
a company where a dealing or dealings in securities of the company results
in the offeror and its associates together having the right to exercise, or control the exercise of, more than the percentage specified in FSC Rules of the
rights attached to the voting shares of the company.
(4) In subsection (3), “associate” includes a person acting in concert with
individuals or companies who, pursuant to an agreement or understanding,
whether formal or informal, cooperate, through the acquisition by any of
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them of shares in a company, to obtain or consolidate effective control of
that company.
[S. 94 amended by s. 26 of Act 20 of 2011 w.e.f. 16 July 2011; s. 26 (a) of Act 27 of 2012
w.e.f. 22 December 2012.]