Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 20 of 24 for “"Business rescue"”.
-
Priority issues in business rescue
… or at least partial repayment of their claims. Business rescue was introduced into South African l aw with the commencement of the Companies Act 71 of 2008, which became effective on 1 May 201 1. Business rescue is a relatively new collective debt enforcement mechanism applicable to corporate …
-
Business rescue for Zambia: suggestions for legislative reform
… integral part of the community in which it does business as it impacts on that community and the economy of the country as a whole. Consequently, the failure of that company not only affects that community but also the shareholders, suppliers, employees and customers. The company law of a country …
-
Affected persons in business rescue proceedings : has a balance been struck?
… features of the 2008 Act is the introduction of business rescue, a procedure which represents a blatant attempt at striving to preserve ailing companies. The Act states that one of the main objects with regards to business rescue is ensuring that the procedure balances the competing interests …
-
Employee protection during business rescue proceedings in South Africa : a comparative perspective
… into force in 2011, bringing with it a corporate rescue regime called ‘business rescue’. If a business is placed under business rescue there are a multitude of legal consequences that follow. A thorough reading of the business rescue provisions reveals that employees are granted a large number of …
-
The relationship between the business rescue practitioner and the directors of the company
This dissertation on the relationship between the business rescue practitioner and the directors of the company under business rescue. In essence, this dissertation investigates whether a conflict arises between the duties, roles and powers of the business rescue practitioner and those of directors …
-
Research on post commencement finance data from South African companies in business rescue
… in the world (Edmore, December 2011). Therefore, business rescue is critical in developing SA’s economy, as defined in Section 7(b)(i) of the Companies Act, No.71 of 2008 (“the Act”) which reads: “Promote the development of the South African Economy by encouraging entrepreneurship and enterprise …
-
Transfer of undertakings: the tension between business rescue and employment protection in corporate insolvency
Where a business becomes insolvent and its rescue is predicated on a going concern sale or transfer to another employer, there is a tension between employee protection and the rescue of insolvent but viable businesses. There is a consensus that employees deserve protection when the business that …
-
A private equity structure to facilitate the effective post-commencement financing of business rescue
Business rescue is a process through which a financially distressed company can be rehabilitated by providing for the temporary supervision of the company, the management of its affairs, business and property. Focused research indicates that one of the main reasons that business rescues in South …
-
The financial impact of direct and indirect taxes on a company in Business Rescue
… As a result of the 2007/2008 financial crisis businesses, especially private companies, have been under increasing financial pressure with many companies finally being liquidated as a result of these financial pressures. In 2011, as a means to aid financially distressed companies, the …
-
The balancing of creditor interests in business rescue provisions of the Companies Act 2008
… enactment of a new Companies Act, ushering in a rescue regime which evidences a significant departure from its predecessor; judicial management. Contained within Chapter 6 of the Companies Act of 2008, business rescue adopts a fresh approach to company resuscitation. With relatively easy access …
-
Business rescue in South Africa and its practical application to SME's (small to medium enterprises)
… rates in the world, resulting in high rates of business failure and job losses created by these entities. The Companies Act 71 of 2008 provides for a corporate rescue system in the form of business rescue and a compromise between a company and its creditors which replaces judicial management as …
-
A Critical and Comparative Analysis on the Effect of Business Rescue on Creditors’ Rights against Sureties
Business rescue proceedings have been introduced into South African company law under chapter 6 of the Companies Act 71 of 2008. The United States Chapter 11 bankruptcy model was closely consulted by the legislature when drafting chapter 6. Further to this and although business rescue has been …
-
Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings?
… extent do the duties and powers conferred to the business rescue practitioner conflict with that of the directors during the business rescue proceedings since both of them form part of the management of the financially distressed company. In so doing, an analysis of the South African statutory …
-
Suggested reasons for the failure of judicial management as a business rescue mechanism in South African law
In 1926, the South African Parliament introduced a procedure known as judicial management. It was housed in the Companies Act 46 of 1926 (hereafter Companies Act 1926). The purpose of judicial management was to enable a failing company to restructure thus providing an alternative to liquidation. …
-
Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation
… efficiency level of economies. South Africa’s business rescue regime is an innovative component of its insolvency system because it encompasses more than creditors’ commercial interests; it aims to ensure the equitable treatment of multiple stakeholders such that social, economic and political …
-
The critical role of affected persons in successfully rescuing the company
… to affected persons of a company that is under business rescue, and how these rights can be used by the affected persons to ensure that the company is rescue in terms of section 128 (1)(b)(iii) of the Companies Act No.71 of 2008 ("the Companies Act"). Affected persons derive their rights to be …
-
The development of a harmonised business model for South Africa and the SADC sub-region
Business rescue regime has led to dramatic improvement in ailing organizations across the globe in recent years. This work critically examines current South African business rescue option in the context of her role in the SADC sub-region. A robust model, taking into consideration, the legal, …
-
A Comparative Assessment of Employee Rights within South African, United Kingdom and Australian Corporate Rescue Legislation
… legislative measures which encourage the rescue and recovery of financially distressed companies, rather than bringing the company’s existence to a close in a liquidation process. The underlying logic of business rescue is that a company experiencing financial difficulty can be turned …
Page 1 of 2