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Over the past 20 years capital markets have expanded exponentially from issuers in developed economies to issuers in emerging markets.
Historically there was no statutory regime conferring a right to compensation on shareholders and investors for errors in, and omissions from, a company’s financial statements, and the common law of torts had to be relied upon in any such action. It is generally accepted, applying the principles laid down by the House of Lords in Caparo Industries plc v Dickman (which concerned the liability of auditors), that directors have a duty of care to shareholders as a whole to enable them to exercise their governance rights but not, in the absence of circumstances creating proximity or a special relationship, to individual shareholders in relation to their investment or to potential investors or other third parties.
Capital markets had a strong year in 2006 and 2007 has also had a solid first half; they are characterised by high liquidity and investors’ quest for attractive investments.
Unlike many of its African and emerging market counterparts, South Africa relies more on its domestic capital markets for funding than on international borrowing. This is partly due to its historical legacy and the preferences of the current government.
The 24 lawyers in this chapter have a proven track record in representing and advising issuers, underwriters, investment banks, funds, REITs and other market participants on all aspects of equity and debt transactions, both locally and around the world. Many have experience of advising on IPOs, secondary offerings and other equity issuances, as well as debt offerings, structured products, repackagings,derivatives and securitisations. Furthermore, many are able to give clients the benefit of in-depth knowledge of the compliance and regulatory obligations of market participants.
Click on the name of a lawyer below to view their profile. Lawyers shaded in purple have professional biographies in one or more practice areas.