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South Africa Private Equity Legal Articles

Browse our 3 legal articles about Private Equity in South Africa with practical legal information.

Structuring Cross-Border Private Equity in South Africa
Private Equity
Exchange control is the deal-breaker: South African Reserve Bank (SARB) approval is not a post-closing administrative task. Capital cannot enter or exit South Africa legally without it. Financial assistance rules are strict: Sections 44 and 45 of the South African Companies Act render transactions void if financial assistance is granted... Read more →
Foreign Private Equity in South Africa: Approvals Guide
Private Equity
Foreign private equity investments in South Africa run on two parallel regulatory tracks: corporate governance under the Companies Act 71 of 2008 and merger control under the Competition Act 89 of 1998. Target board compliance centers on director fiduciary duties, fundamental transactions under Sections 112 to 115, and Takeover Regulation... Read more →
B-BBEE Ownership vs Competition Review in South African M&A
Private Equity
Competition clearance requires a distinct public interest assessment under Section 12A of the Competition Act, separate from a target's existing B-BBEE scorecard. A Level 1 B-BBEE rating does not shield a transaction from structural equity remedies if the deal dilutes historically disadvantaged persons (HDPs) or lacks direct worker ownership. The... Read more →

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