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Filter: Business Rescue
To vote or not to vote: Post-Commencement business rescue creditors

31 March 2025,  Eldon Ward

The Supreme Court of Appeal has ruled on a critical issue in business rescue proceedings—can post-commencement creditors vote on rescue... plans? The Mashwayi Projects v Wescoal case brings much-needed clarity, shaping the future of business rescue in South Africa. Find out what this means for creditors, financially distressed companies, and the business rescue process.

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Unfair dismissal? Your rights during business rescue

06 June 2024,  Lesley Mokgoro

Facing dismissal after years of service can be tough, but what happens when the company goes into business rescue before... you can challenge the decision? Find out if you can still refer your unfair dismissal dispute to the CCMA in our latest article.

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Covid Advisory: Contracts, contractual obligations and business rescue

20 April 2020

Did you know that business rescue proceedings can assist in managing your contractual obligations?

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Article
Covid Advisory: Business rescue can help bring your creditors to the table

14 April 2020

Did you know that business rescue proceedings can be used as a strategic tool to assist your business in negotiating... with creditors?

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Article
Covid Advisory: Business Rescue can help you survive the recession

08 April 2020

Did you know that business rescue proceedings can be used as a strategic tool to assist your business during these... challenging financial times?

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Article
Business rescue proceedings and sureties

12 January 2015,  Lucian Companie

Your family company bought a new commercial property with a view to expanding the business. The bank insisted on the... family shareholders providing personal sureties for the financing afforded to the business to buy the property. Without hesitation, the sureties were provided as business was looking up and the property was needed. Then the recession hit, and to avoid foreclosure by the bank your company was placed under business rescue. But now the bank is coming after you as surety despite the company being placed under business rescue. Can they do this? 

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Financial distress: your obligation to inform the public

22 November 2013

In the last few years, many business owners have had to make difficult decisions to restructure their business in order... to survive the economic recession. Family businesses were sold, assets made to money and unfortunate events even led to liquidation of businesses. Owners, understandably, often don’t keep perspective of their financial struggles and will do anything to salvage the business without taking formal steps or letting anyone know of its dire financial position. The following questions thus arise: At what point must you take formal steps to notify persons about your financial situation? Who needs to know? How much do they need to know?

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Is business rescue the lifebuoy your business needs?

25 October 2012

Peter has recently inherited the family business from his father, becoming the fourth generation of Morgans in charge of the... established Morgans Handcrafted Furniture company. Peter’s father, having passed away recently, left him in charge of the running of the sizable production warehouse and having learnt the trade under the guidance of his father, Peter has acquired all the skill needed to continue the established tradition of excellence. A few years ago, Peter’s father brought in investors as shareholders into the family company to provide much needed capital to finance the purchase of the current warehouse. Concerned about the death of Peter’s father, these investors are now clamouring for returns on their investment. With a good order book, Peter considers buying them out, yet when he start delving into the financials he realises that many obligations, debts, suppliers and other creditors have not been properly paid by his father and many outstanding accounts have not been collected. In his later years, it becomes apparent that Peter’s father has let the financials slip and suddenly what Peter thought was a healthy and vibrant business, appears to be sinking in a sea of debt. But what to do? Must the family business be sold, assets be made to money, or even be declared insolvent?

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