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Showing 1 to 7 of 7 for “"Judicial management"”.

  1. Judicial management in Botswana : is it time for change?

    … This dissertation probes on the shortcomings of judicial management as a corporate rescue regime which is currently operative in Botswana. Furthermore, the study reveals the performance of judicial management as a regime in other countries in order to illustrate its inherent weaknesses. This …

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  2. Suggested reasons for the failure of judicial management as a business rescue mechanism in South African law

    … 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. Companies play an …

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  3. Judicial management in South Africa : its origin, development and present day practice and a comparison with the Australian system of official management

    Judicial management is a system which aims at rehabilitating a company which has got into difficulties and in normal circumstances would be wound-up if the system did not exist. When judicial management was introduced into South African companies' legislation in 1926, it was unique to South Africa. …

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  4. The balancing of creditor interests in business rescue provisions of the Companies Act 2008

    … 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 to the procedure, business rescue caters for the restructure of the business, …

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  5. Business rescue in South Africa and its practical application to SME's (small to medium enterprises)

    … a company and its creditors which replaces judicial management as a corporate rescue procedure for South African companies. Business rescue provides companies in financial distress with opportunities to reorganise, strategize and come up with useful corporate reorganisation measures which …

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  6. Tax implications for business rescues in South African Law

    The South African Revenue Service has in the past had difficulty in applying debt forgiveness in cases of corporate and business rescues. Taxation legislation was drafted to counter innovative section 311 schemes of arrangements where the sole purpose was to obtain maximum taxations benefits in …

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