M&A in SA involves the Companies Act (fundamental transactions in Sections 112-115), the Competition Act (merger notification and approval), CIPC filings, and specific-sector regulators (banks, telecoms, mining). Transactions range from asset deals and share deals to schemes of arrangement (Section 114) and amalgamations (Section 113). Due diligence is extensive: tax, legal, labour, environmental, IP, and commercial.
When to hire a mergers & acquisitions attorney
- You are buying or selling a business (asset or share deal).
- A competition notification threshold has been triggered.
- You are dealing with a distressed-asset acquisition.
- Cross-border M&A is involved (Exchange Control, foreign approvals).
- Post-completion disputes (price adjustment, warranty claims) arise.
What to expect
M&A lawyers run due diligence, structure the transaction, draft the sale agreement (SPA), obtain regulatory approvals (Competition Commission, CIPC, sector regulators), handle completion, and manage post-closing matters. Competition approvals can take 20-60 business days; large mergers longer. Many deals involve SPAs running to hundreds of pages with elaborate warranty and indemnity regimes.
Typical fees
Mid-market transaction (R50M-R500M): R500,000-R5M+ in legal fees across sell-side and buy-side. Smaller transactions (R5M-R50M): R150,000-R600,000. Due diligence separately costed.
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