Abstract

Investors, transaction counsel, the major regulators even sector — specific regulators, sometimes engage in extensive negotiations or interface when trying to obtain regulatory approval for a transaction. Experience and practical realities have shown that the default approach of most regulators is to assert as much regulatory powers as possible and subject the transaction to their regulatory crucibles. It then behoves on the parties to the transaction and their counsel to accept or re-evaluate such plenary exercise of regulatory powers. This Note seeks to highlight the main areas of in-bound securities investments and delineate the regulatory oversight of the main regulators in such transactions. It also looks at how some systemic challenges arising from regulatory interface can impact on the timeous completion of the transaction or the viability of the investment, months or years after its completion and implementation.

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