'Landlords’ business rescue journey
Referring to section 128 of the Companies Act 71 of 2008, the CDH experts clarify that the purpose of business rescue is to restore the company’s viability or, if that’s not possible, to provide a better return for creditors than would be achieved through liquidation.
Whichever the aim, Lucinde and Belinda note that when a business rescue practitioner (BRP) aims to rescue a financially distressed company, landlord support is often a critical factor in the process’s success.
While business rescue is largely also a creditor-driven process, Lucinde and Belinda explain that landlords, prior to a recent amendment to the Companies Act, typically had less protection when a tenant enters business rescue than they would in a liquidation scenario.
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