M&A under scrutiny as Companies Act amendments reshape deals
On 25 July 2024, the long-awaited Companies Amendment Bill was signed into law by President Ramaphosa. On 27 December 2024, certain provisions of the Companies Amendment Act 16 of 2024 (the “Amendment Act”) came into operation. The Amendment Act has brought about several noteworthy changes in respect of company law. One of the pertinent changes introduced in terms of the Amendment Act is the new thresholds requiring private companies to comply with the takeover regulations (the “Regulations”) contained in the Companies Act 71 of 2008 (the “Act”), which will lead to increased scrutiny in respect of mergers and acquisitions (“M&A’s”) by the Takeover Regulation Panel (the “TRP”). This article will specifically unpack the amendments to section 118 of the Act and the effect of its amendment on M&A’s.