South Africa

SOUTH AFRICAN UPDATE – Public Interest a Key Factor in Merger Analysis

Executive Summary:  Recently, public interest considerations (with particular reference to employment) in merger proceedings have become a focus area such that it is now common practice that the competition authorities are required to consider the effect which a proposed transaction will have on (i) a particular industrial sector or region, (ii) employment, (iii) the ability … Continued

Editors’ Note: This article was contributed by Michael Katz, chairman and senior partner of Edward Nathan Sonnenbergs and a member of XBMA’s Legal Roundtable. It was authored by Edward Nathan Sonnenbergs director Ryan Goodman and associates Tebogo Hlafane and Kirsty van den Bergh.

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SOUTH AFRICAN UPDATE – The Private Equity Review (2013 Edition)

Executive Summary: This article provides an update on the legal framework and regulatory developments for fundraising by fund managers from third parties who invest into closed-ended funds domiciled in South Africa.  While private equity fundraising activity and the success rate thereof has not returned to 2006–2007 levels, the relatively expensive level of equities on the … Continued

Editors’ Note: This article was contributed by Michael Katz, chairman and senior partner of Edward Nathan Sonnenbergs and a member of XBMA’s Legal Roundtable. It was authored by Edward Nathan Sonnenbergs directors Johan Loubser, Jan Viviers and Andrea Minnaar.

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SOUTH AFRICAN UPDATE – Investing in South Africa’s Mining Industry

Highlights: The calls by the Youth League of the African National Congress for the nationalisation of mines has been much talked about but on balance is very unlikely to occur. Most of the recovery and growth in global steel production is attributable to China’s phenomenal growth with non-Chinese production not yet recovering to pre-crisis levels. … Continued

Editors’ Note:  This paper was contributed by Michael Katz, chairman and senior partner of Edward Nathan Sonnenbergs and a member of XBMA’s Legal Roundtable.  It was authored by Otsile Matlou, head of Edward Nathan Sonnenbergs’ Mining and Resources Department and an expert in the field.

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SOUTH AFRICAN UPDATE – New South African Companies Act Modernizes South African Corporate Law

Executive Summary/Highlights: South Africa and the global environment have changed dramatically since enactment ofSouth Africa’s old Companies Act of 1973. New corporate law concepts have been developed internationally, such as solvency and liquidity, new and higher standards of corporate governance, new standards of accountability, disclosure and transparency, combating of market manipulation, new ideas and approaches … Continued

Editors’ Note: Michael Katz is chairman and senior partner of Edward Nathan Sonnenbergs, with more than 40 years of prominence in takeovers and mergers and competition law, among other areas. He is a member of XBMA’s Legal Roundtable and, as one of South Africa’s leading corporate lawyers, played a role in drafting the new Companies Act. GivenSouth Africa’s growing position as the gateway for international cross-border transactions throughout Africa, the new Companies Act -- which modernizes South Africa’s corporate legal regime -- could have broad implications.

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XBMA – Quarterly Review for Q1 2011

The attached slides summarize trends in cross-border M&A and strategic investment activity throughout the first quarter of 2011.   Highlights: Global M&A volume for Q1 2011 was US$671.8 billion, up 29.5% as compared to Q1 2010. Cross-border transactions have rebounded substantially from 2009: 38% of Q1 2011 global M&A was cross-border — up slightly from … Continued

Editor's Note: This is an example of the type of post and content the XBMA Forum seeks to showcase.

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