The business rescue process introduced in the new Companies Act, No 71 of 2008 allows some breathing space to companies facing financial distress. The new procedures allow a business rescue practitioner to step in and keep the company operating, either to return the company to profitable ways or to ensure a better return for creditors than they would receive in the case of liquidation.
Our focus is on guiding our clients to make the right decisions at the right time. We can help you proactively manage the process, decrease legal risk and financial exposure and explore the available options.
Our services include:
- Managing financial corporate overexposure and debt restructuring.
- Obtaining adequate and enforceable security.
- Liquidation proceedings and sequestration.
- Compromises.
- Business rescue.
- The administration of insolvent estates.
- Cross-border insolvency.
- Recovery action.
- Impeachable transactions.
- Directors' personal liability.
- Forensic investigations.
- Preservation orders.
- Insolvency inquiries.
- Creditors' meetings and proof of claims.
- Training seminars on business rescue proceedings in the new Companies Act.
- Perfection of Notarial Bonds.
2022
2021
Services
The business rescue process introduced in the new Companies Act, No 71 of 2008 allows some breathing space to companies facing financial distress. The new procedures allow a business rescue practitioner to step in and keep the company operating, either to return the company to profitable ways or to ensure a better return for creditors than they would receive in the case of liquidation.
Our focus is on guiding our clients to make the right decisions at the right time. We can help you proactively manage the process, decrease legal risk and financial exposure and explore the available options.
Our services include:
- Managing financial corporate overexposure and debt restructuring.
- Obtaining adequate and enforceable security.
- Liquidation proceedings and sequestration.
- Compromises.
- Business rescue.
- The administration of insolvent estates.
- Cross-border insolvency.
- Recovery action.
- Impeachable transactions.
- Directors' personal liability.
- Forensic investigations.
- Preservation orders.
- Insolvency inquiries.
- Creditors' meetings and proof of claims.
- Training seminars on business rescue proceedings in the new Companies Act.
- Perfection of Notarial Bonds.
Newsletters
2022
2021
Business Rescue, Restructuring & Insolvency News
More newsFast-track administration
The Insolvency (Amendment) Bill, 2023 (Bill) proposes to introduce a fast-track administration process. This process will be applicable to companies that qualify as small companies under the Companies Act, 2015 and other companies with assets and turnover, class of creditors, amount of debt, or type of company that the Cabinet Secretary may prescribe.
Vulnerability caused by compliance: Section 129(7) of the Companies Act 71 of 2008 and the risk of being wound up
A lot has been said and written about directors’ fiduciary duties and the pitfalls directors expose themselves to when making business decisions, almost daily. The circumstances which may lead a director to breaching their fiduciary duties are broad, and to determine whether a director actually breached their fiduciary duties often requires an extensive factualenquiry.
Aggrieved by the decision of the Master of the High Court? Remedies should be considered carefully
What happens when the Master of the High Court (Master) accepts or rejects a creditor’s claim in liquidation proceedings and the affected person wishes to challenge the decision?
Recognition
2017-2023
Chambers Global
Chambers Global 2017-2023 ranked us in Band 2 for restructuring/insolvency.
Ranked Practitioners
Chambers Global
Chambers Global 2017-2023 ranked us in Band 2 for restructuring/insolvency.
Ranked Practitioners
Happy Clients
"The team were extremely responsive and commercially minded. Their strengths include effective teamwork and mindfulness of costs. They worked under very tight timelines and never once let me down."
Chambers Global 2023