ALWYN SCHOLTZ

Alwyn, a B.Com LLB graduate of the University of Pretoria, focuses on commercial law, and as such he has advised on, and attended to, the structuring, negotiating and implementing of mergers and acquisitions, including sale of shares and sale of businesses, black economic empowerment transactions with related financing, joint ventures, company formations, listings, de-listings and restructures, share incentive schemes, capital markets, general financing and security and the structuring of shareholder affairs. He also has extensive experience in funding and related security structures and in the structuring of mining and exploration ventures, in South Africa and a number of African countries.

After completing his articles at McRoberts Inc. Alwyn commenced his professional career at Goldman Judin & Werner in Sandton, focusing on property law and general commercial law. He then joined Glyn Marais Inc., a niche commercial law firm with offices in Sandton and Cape Town and was managing partner from 2004 until 2008. In 2010 Alwyn returned to practice for his own account and is one of the co-founding directors and shareholders in Probity Advisory Pty Ltd which focuses on general commercial, tax and corporate finance services.

Alwyn has held and continues to hold various executive and non-executive board appointments at listed companies.

Alwyn’s experience includes:

• Advising on the formation of a private equity fund;
• Advising a group on various matters including funding lines and listing on the Frankfurt Stock Exchange and the take-over of a number of the banking and funding operations in another group;
• Advising a bidding party on a possible take-over of JSE listed mining group;
• Advising on international expansion of a major SA private clinic and hospital group;
• Advising on the management buy-out of SA mining technologies company and subsequent international bid for the company;
• Advising on a merger, transaction value approximately R 1,7 billion, the buy-out of an interest in a subsidiary which included a successful counter-offer bid against a third-party offeror and the successful opposition of an attempt by another shareholder to stop the transaction, and preparing and overseeing a rights issue of approximately R96 million;
• Preparing various agreements for the restructure of various clients, including the filing of applications with the Take Over Panel;
• Advising a company listed on the Hong Kong Stock Exchange on a billion rand acquisition of a majority interest in the owner of a platinum mine, conducting due diligence on the structure of the holding entities, financing structures and mining licenses;
• Advising on various regulatory related issues related to the implementation of trustee services in support of a Collective Investments Scheme and the related FAIS implications; and

Acting for consortiums of SA Banks successfully advising on the refinancing and restructuring of the debt in large SA companies involving billions of rand, conducting legal due diligence, and negotiating and drafting the consortium and facility agreements.