Companies Act, 2008 (Act No. 71 of 2008)RegulationsCompanies Regulations, 2011Chapter 5 : Fundamental Transactions and Takeover RegulationsPart B : General Rules Respecting Negotiations and Offers94. Consensual negotiations |
| (1) | If a potential offeror and a regulated company are negotiating on a consensual basis- |
| (a) | an offer in good faith must be regarded as being imminent; and |
| (b) | section 126 applies to the regulated company from the beginning of those negotiations. |
| (2) | Until a firm intention announcement is published, a regulated company that is the subject of rumour, speculation or a cautionary announcement published by a potential offeror, may presume that an offer in good faith is not imminent, unless the regulated company is consensually negotiating with a potential offeror. |