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Final liquidation order – Not so final?

In Richter v Absa Bank Limited 2015 (5) SA 57 (SCA), the Supreme Court of Appeal (“SCA”) considered whether it was competent to apply for business rescue in terms of section 131 of the Companies Act, 71 of 2008 (“the Act”), after a final liquidation order had been granted…

Provided By Eversheds Sutherland

by Helen Westman

Some challenges associated with business rescue proceedings

Business rescue endeavours to create a culture of corporate rescue which is appropriate for the modern South African economy, especially in today’s climate. The aim is to provide for the efficient rescue and recovery of financially distressed companies, in a manner…

Provided By Eversheds Sutherland

by Helen Westman and Laura Schlebusch

Is it a good idea to start a business in a recession?

Even in a recession, the right time to start a business is now It is no secret that most of the globe is in a dire...

by Nicolene Schoeman-Louw

Covid-19 and the business owners predicament – Business rescue or liquidation

Whilst many looked forward to a prosperous 2020, South Africa experienced an unprecedented state implemented lock down in response to the worldwide Corona Virus pandemic....

by Annerly Kannigan

businessman holding help sign scaled 1

Restructuring of SAA under the spotlight

The transformation of South African Airways (SAA) into a competitive airline will require sacrifices and a major restructuring. The public enterprises department confirmed this in a...

Notarial bonds- Important considerations

In these trying times, the security that a creditor will hold will be of importance. Generally, Debtors have already encumbered their immovable property with mortgage...

Business rescue is about the beginning, not the end

At a recent sitting of a COVID-19 joint parliamentary committee, Rory Voller of the Companies and Intellectual Property Commission (CIPC) said there has been an...

by Riaan Venter

Drafting Memorandum of Incorporation (MOI) share structures – Important considerations

Before diving into the important considerations relating to the drafting of share structures in MOIs, a brief general overview of an important consideration that must...

Mediation between landlords and tenants – A critical tool now?

Introduction Some definitions of mediation include “an intervention in a dispute in order to resolve it” or “intervention in a process or relationship. ” The critical...

by Nicolene Schoeman-Louw

Closure and investigation of the Masters’ Offices

Ladies and Gentlemen; The purpose of this press conference is to inform our citizens that we are shutting down the Masters’ Office today. The President of...

by Department of Justice

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