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Director and successor liability in company liquidation

Introduction Company liquidation can be a complex process, involving settling debts and distributing assets to stakeholders. During this process, questions often arise regarding the liability of directors and the potential responsibilities of a new company…

Provided By SchoemanLaw Inc

by Celeste Snyders

Is Business Rescue working?

Is business rescue working or is it just the safest option? While it has been a lifeline for some, other businesses require alternative methods to keep...

by Kelly Barnett

Drafting a Shareholders Agreement: The fundamentals (part 2)

In Part 1, we delved into the provisions that define the relationship between shareholders and the company. With this article, we will consider the dynamics among the shareholders themselves. We will examine the important considerations surrounding pre-emptive…

Provided By ContractNinja

by Martin Kotze

State’s custodianship over South Africa’s mineral resources

There has been much litigation in the business rescue proceedings of the companies which own the tragedy-struck Lily & Barbrook Mines. One of the issues...

by Lionel dos Passos

In South Africa, how long does an entire insolvency process take?

When reorganisation is converted to liquidation it usually takes approximately 2 years. In accordance with the provisions of the new Companies Act, business rescue proceedings...

by Fluxmans Attorneys

Ethics to the rescue (Part 2)

As discussed in the first article on Ethics to the Rescue, the ethical duties and responsibilities are further unpacked in this article. We continue to explore...

by Colin Strime and Ryszard Lisinski

business rescue scaled

To fee or not to fee – That is the question

After the two Diener N.O. judgments and the Mazars judgment, the judgment of the full court in the appeal of Werner Cawood N.O. and Cloete...

by Colin Strime

Business Rescue 1

Fluxmans voted ‘Best Insolvency & Restructuring Law Firm’ in South Africa

We are pleased to announce that our Insolvency and Business Rescue team, who enjoy a strong reputation in all industries and business sectors, have been...

by Fluxmans Attorneys

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Ethics to the rescue (Part 1) – Business rescue practitioners

A high level analysis of business rescue practitioners’ duties and responsibilities in business rescue and beyond Given the importance of the functions and duties of business...

by Colin Strime and Ryszard Lisinski

Business Rescue

Should you sign surety? Think carefully!

The concept of surety can be daunting and misunderstood. This often results in serious consequences if a party is ill-informed. Therefore, a person signing as...

by Salome Hamman

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