Compulsory acquisition of minority shareholding : a critical analysis

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dc.contributor.advisorYeats, Jacquelineen_ZA
dc.contributor.authorSmit, Albertus Ebenhaezeren_ZA
dc.date.accessioned2016-06-02T08:50:47Z
dc.date.available2016-06-02T08:50:47Z
dc.date.issued2015en_ZA
dc.description.abstractThe compulsory acquisition refers to situations where the minority shareholders are compelled to dispose of their shares. In certain instances the minority shareholders can compel the majority to acquire their shares by an enforced acquisition. The compulsory aspect is thus the unilateral and coercive aspect of the transaction that can arise subject to the fulfilment of certain statutory and regulatory requirements. These transactions are commonly known as squeeze-outs or freeze-outs, whereas sell outs is where minority shareholders have the right to have their shares acquired by the company on a compulsory basis. In this dissertation the argument will be made that the objective of these forms of transactions is to relieve the majority or controlling shareholder from undue oppression by the minority shareholders not only in instances of control transferred squeeze outs but also in respect to control maintained transactions. The dissertation will focus on the three main forms of squeeze-out transactions being the tender offer squeeze-out, the squeeze-out by means of a fundamental transaction and the supermajority squeeze-out transaction. The emphasis will be on how the first two forms of transactions are implemented in the South African context and a case will be made to include the final form in t out legal framework. A specific emphasis will be given to the regulation of these transactions in ensuing the fairness to the affected minority shareholders.en_ZA
dc.identifier.apacitationSmit, A. E. (2015). <i>Compulsory acquisition of minority shareholding : a critical analysis</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/19911en_ZA
dc.identifier.chicagocitationSmit, Albertus Ebenhaezer. <i>"Compulsory acquisition of minority shareholding : a critical analysis."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/19911en_ZA
dc.identifier.citationSmit, A. 2015. Compulsory acquisition of minority shareholding : a critical analysis. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Smit, Albertus Ebenhaezer AB - The compulsory acquisition refers to situations where the minority shareholders are compelled to dispose of their shares. In certain instances the minority shareholders can compel the majority to acquire their shares by an enforced acquisition. The compulsory aspect is thus the unilateral and coercive aspect of the transaction that can arise subject to the fulfilment of certain statutory and regulatory requirements. These transactions are commonly known as squeeze-outs or freeze-outs, whereas sell outs is where minority shareholders have the right to have their shares acquired by the company on a compulsory basis. In this dissertation the argument will be made that the objective of these forms of transactions is to relieve the majority or controlling shareholder from undue oppression by the minority shareholders not only in instances of control transferred squeeze outs but also in respect to control maintained transactions. The dissertation will focus on the three main forms of squeeze-out transactions being the tender offer squeeze-out, the squeeze-out by means of a fundamental transaction and the supermajority squeeze-out transaction. The emphasis will be on how the first two forms of transactions are implemented in the South African context and a case will be made to include the final form in t out legal framework. A specific emphasis will be given to the regulation of these transactions in ensuing the fairness to the affected minority shareholders. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Compulsory acquisition of minority shareholding : a critical analysis TI - Compulsory acquisition of minority shareholding : a critical analysis UR - http://hdl.handle.net/11427/19911 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/19911
dc.identifier.vancouvercitationSmit AE. Compulsory acquisition of minority shareholding : a critical analysis. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/19911en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleCompulsory acquisition of minority shareholding : a critical analysisen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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