Egypt – FRA Takeover/Acquisitions, Sukuk, REITs

Egypt – FRA Takeover/Acquisitions, Sukuk, REITs

On 8 September 2020, FRA amended executive regulations of capital market law.

  • FRA issued Prime Minister’s decree No. 1760 of 2020, amending executive regulations of the capital market law No. 95 of 1992 re purchase offers for purpose of takeover/acquisition.
  • Provided new acceptable forms of sukuk; flexibility for real estate investment funds.
  • Removed certain concentration risk cap for private equity funds; covered acquisitions.

Real Estate Investment Funds

  • Real estate funds may invest in any properties except those that are legally contested.
  • Assets can now be evaluated by only one appraisal expert registered with the FRA.
  • Amendments provided flexibility for property funds to implement their venture policies.

Private Equity Funds

  • Private fund managers may diversify investments and provide financing for projects.
  • As well as manage concentration risks in manner commensurate with the fund’s goal.
  • Removed prohibition on investing more than 25% of fund’s net assets in one company.

Acquisitions, Non-Active Shares

  • Clarified how to calculate price of active shares subject to acquisition purchase offer.
  • Stipulated setting prices for buying non-active shares based on a fair value study.
  • Investors now permitted ownership of above 75% of target firm's shares/voting rights.
  • So long as the ownership resulted from a previous purchase offer, without the need to submit a compulsory purchase offer; FRA has the authority to reject a purchase offer.