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.
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Showing 1 to 12 of 12 for “"corporate rescue"”.
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Business funding in corporate rescue; the UK perspective
… available for business funding in the UK during corporate rescue, by undertaking a comparison between relevant laws in the UK, Canada and the United States of America. The thesis evaluates if the UK's provision for funding mirrors the functions of the well-established rescue funding structures …
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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 …
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Rescue before a fall: an Anglo-French analysis of the balance between corporate rescue and employment protection
… of this world, both employment protection and corporate rescue have been found, at times, in the spotlight. While the corporate rescue culture of the European Union2 promotes the rehabilitation of businesses in financial distress in preference to liquidation where possible, it also emphasises …
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A critical analysis of the effectiveness of the corporate rescue provisions under Sch B1 of Insolvency Act 1986
… which was subsequently enacted to foster a “rescue culture”, is to rescue a company as a going concern, under the third statutory purpose, an administrator may realise the company’s assets to make a distribution to one or more secured or preferential creditors. Thereafter, the administration …
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Judicial management in Botswana : is it time for change?
… effective mechanisms to support and encourage corporate rescue. This is important because companies that encounter financial or economic collapse are able to benefit from corporate rescue mechanisms which may help preserve their on - going viability. In this regard, the turnaround of such …
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The rights of employees on corporate insolvency: a UK and US perspective
… can be achieved between employee protection and corporate rescue laws during corporate insolvency. There exist a significant number of academic theses on the role that insolvency law should play in a legal system, and the tension that corporate insolvency creates between employment protection and …
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Business rescue in South Africa and its practical application to SME's (small to medium enterprises)
… 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 corporate rescue procedure for South African companies. Business rescue provides companies in …
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How effective are the frameworks regulating the duties of directors in insolvency in Nigeria and England and Wales? Prospects and challenges
… for the parlous state of the company. Under some corporate rescue mechanisms, they remain in office and control of the affairs of the company. In such circumstances, they are required to resuscitate the life of the company (or at least consider the interests of creditors). Some aspect of rescuing …
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The relationship between the business rescue practitioner and the directors of the company
… 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 of the …
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Tax implications for business rescues in South African Law
… 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 relation to entities in financial difficulties. This …
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Employee protection during business rescue proceedings in South Africa : a comparative perspective
… came 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 …
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The pari passu principle in insolvency law: an analysis of the judicial construct and its suitability for modern needs
… on insolvency law from the perspective of corporate rescue or the treatment of creditors, and the increasingly global nature of commerce has meant that different jurisdictions face similar challenges in the enforcement of their insolvency laws. This work engages in a doctrinal study which …