Companies Act, 2008 (Act No. 71 of 2008)RegulationsCompanies Regulations, 2011Chapter 5 : Fundamental Transactions and Takeover RegulationsPart A : Interpretation and Application89. Fundamental Transactions |
See sections 112(3), 113(5) and 116(1)(a) and (3)
| (1) | A notice of a shareholders meeting to consider a special resolution, contemplated in section 112 (3) or 113 (5), must be published to the shareholders of the company concerned, and delivered to them in accordance with regulation 7. |
| (2) | A notice to creditors contemplated in section 116 (1)(a) must be published to the known creditors of the company concerned, and delivered to them in accordance with regulation 7. |
| (3) | A Notice of Amalgamation or Merger contemplated in section 116 (3) must be in Form CoR89. |
| (4) | If an amalgamation or merger, as defined in section 1, results from— |
| (a) | the acquisition by one company of all or the greater part of the assets or undertaking of a second company, as contemplated in sections 112 and 117(1)(c)(i), any provision of this Chapter applicable to such an acquisition applies equally to that amalgamation or merger; or |
| (b) | a scheme of arrangement, as contemplated in section 114 and 117(1)(c)(iii), any provision of this Chapter applicable to such a scheme of arrangement applies equally to that amalgamation or merger. |