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Companies Act, 1973 (Act No. 61 of 1973

Companies Administrative Regulations, 1973

31. Power to Acquire Shares of Minority in Take-Over Scheme [Section 321]

 

 

A notice by an offeror under section 321(3)(a) of the Act shall be addressed by registered post to all the holders of the remaining shares or of the remaining class of shares, as the case may be, and shall include the following particulars:

a) the name of the offeror, and if the offeror is a company which has subsidiaries, the names of the subsidiaries;
b) the name of the company of which the offeror has acquired nine-tenths of the shares;
c) the number and description of shares acquired by the offeror or its subsidiaries and the price paid for such shares under the scheme or contract;
d) the number and description of the shares which according to the records of the company are held by the addressee;
e) the fact that the addressee may within three months require the offeror to acquire his shares; and
f) that, if notice is given in terms of paragraph (e), the offeror shall be entitled and bound to acquire the shares of the holder on the terms on which under the scheme or contract the shares of the shareholders who have accepted the offer were transferred to him or on such other terms as may be agreed or as the Court on the application of either the offeror or the shareholder may think fit to order.