On 26 July 2024, President Cyril Ramaphosa signed into law the Companies Amendment Bill and the Companies Second Amendment Bill, introducing significant changes to the Companies Act 71 of 2008. Effective from 27 December 2024, one key change is the new subsection 45(2A), which exempts financial assistance provided by a company to its subsidiaries from the stringent requirements of section 45. This amendment aims to reduce the compliance burden and enhance business flexibility by eliminating the need for shareholder approval and the solvency and liquidity test for such financial assistance.
Author
Carine Pick
BrowsingCarine Pick is a director designate in Baker McKenzie's Corporate M&A Practice Group in Johannesburg.
Carine advises private and listed companies (local and international) across a diverse range of industries including retail, pharmaceutical, and telecommunications. She has a particular focus on bidder processes, acquisitions and divestments, joint ventures, restructuring, fund formation, the formation and structure of corporate entities, strategic mergers and empowerment transactions.
Carine's experience includes drafting and negotiating complex and bespoke commercial transaction agreements including ancillary documents (such as MOIs, shareholders’ agreements, transitional services agreements, term sheets, binding offers, repurchase agreements, subscription agreements, asset for share agreements, conducting and coordinating due diligence investigations together with the preparation of due diligence reports, and assisting with the implementation and execution of deals across various jurisdictions.
She also advises on aspects of the South African Companies Act, 2008 and corporate governance.
Carine advises private and listed companies (local and international) across a diverse range of industries including retail, pharmaceutical, and telecommunications. She has a particular focus on bidder processes, acquisitions and divestments, joint ventures, restructuring, fund formation, the formation and structure of corporate entities, strategic mergers and empowerment transactions.
Carine's experience includes drafting and negotiating complex and bespoke commercial transaction agreements including ancillary documents (such as MOIs, shareholders’ agreements, transitional services agreements, term sheets, binding offers, repurchase agreements, subscription agreements, asset for share agreements, conducting and coordinating due diligence investigations together with the preparation of due diligence reports, and assisting with the implementation and execution of deals across various jurisdictions.
She also advises on aspects of the South African Companies Act, 2008 and corporate governance.