Chapter 5: Fundamental Transactions and Takeover Regulations
Part A: Interpretation and application

R82: Beneficial interests

  • (1) A compliance obligation that-
    • (a) falls upon a person who would be regarded as a holder of a beneficial interest in terms of the definition of "holder" in Section 117(1)(e), read with the definition of "beneficial interest" in section 1; and
      • (b) arises in terms of Part B and Part C of Chapter 5 of the Act, or this Chapter, applies equally to a nominee entity, asset manager or similar person who has authority, by any means, to exercise rights of disposal or rights of voting with respect to particular securities.
      • (2) No compliance obligation arises from an announced intention to acquire a beneficial interest in the remaining voting securities of a regulated company, as contemplated in Section 117(1)(c)(v), until an offer is made for all of those securities.

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