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
Sihle Sibanyoni
BrowsingSihle Sibanyoni is an associate in Baker McKenzie's Corporate M&A Practice Group in Johannesburg.
She has experience advising clients on general corporate and commercial law, corporate governance, due diligence investigations, corporate reorganizations, and mergers and acquisitions across multiple industry sectors.
As an energy and infrastructure practitioner, Sihle advised and assisted on high-profile solar, wind, biomass, floating power and hydropower projects. She provides corporate advisory and other commercial legal services to local and international project sponsors, developers, contractors and lenders in complex greenfield and brownfield developments, advising on citing, permitting and regulatory concerns.
In the infrastructure sector, she has experience in social infrastructure transactions. Sihle has assisted on matters concerning PPP and concession agreements, project strategy and structuring EPC contracts, including standard and bespoke forms of contracts, operation and maintenance contracts, fuel purchase and sale agreements and related matters.
She has experience advising clients on general corporate and commercial law, corporate governance, due diligence investigations, corporate reorganizations, and mergers and acquisitions across multiple industry sectors.
As an energy and infrastructure practitioner, Sihle advised and assisted on high-profile solar, wind, biomass, floating power and hydropower projects. She provides corporate advisory and other commercial legal services to local and international project sponsors, developers, contractors and lenders in complex greenfield and brownfield developments, advising on citing, permitting and regulatory concerns.
In the infrastructure sector, she has experience in social infrastructure transactions. Sihle has assisted on matters concerning PPP and concession agreements, project strategy and structuring EPC contracts, including standard and bespoke forms of contracts, operation and maintenance contracts, fuel purchase and sale agreements and related matters.