Business Rescue Articles

Business rescue has been in operation since May 2011.  The current statistics indicate that since May 2011, approximately 2040 entities have been placed into rescue.  Of these, approximately 1 100 are still in business rescue.  The statistics indicate that approximately 280 were substantially implemented. The purpose of this article is…
BUSINESS rescue legislation has opened many new avenues for underperforming or distressed businesses in South Africa, according to the Turnaround Management Association - Southern Africa (Chapter) (TMA-SA). “Business rescue is the legal process in which a financially distressed company is given a ‘breathing space’, a moratorium, to organise its affairs,…
THE turnaround of Eagle Software’s fortunes is a good example of a successful business rescue operation. Eagle Software was founded in February 1995 by five IT industry experts to offer specialised information technology consulting to the South African large scale private and public sector computer departments. The company revolved to…
THE turnaround of Eagle Software’s fortunes is a good example of a successful business rescue operation. Eagle Software was founded in February 1995 by five IT industry experts to offer specialised information technology consulting to the South African large scale private and public sector computer departments. The company revolved to…
BUSINESS rescue legislation has opened many new avenues for underperforming or distressed businesses in South Africa, according to the Turnaround Management Association - Southern Africa (Chapter) (TMA-SA). “Business rescue is the legal process in which a financially distressed company is given a ‘breathing space’, a moratorium, to organise its affairs,…
Reflections on two cases involving Liquidations and Business Rescue, and fees of Liquidators and Business Rescue Practitioners.
Download or view a list of Business Rescue Cases - as at 16 September 2015 Business Rescue Cases  
A research proposal submitted by James Wilkes to the Gordon Institute of Business Science, University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Business Administration. James Wilkes submitted his research paper to the TMA global awards and won first prize in the Theoretical/Conceptual category.…
Polyfoil Zimbabwe (Private) Limited “Polyfoil” is a company in Bulawayo, Zimbabwe, engaged in the manufacture of plastic shopping bags and other plastic goods for a number of major retailers and businesses in Zimbabwe.
Business rescue practitioners often  experience difficulties in deciding what costs can be paid by the company in business rescue and in respect of what services.
In our newsflash of November 2011, we reported to you on the seminal judgment of Acting Judge Rogers (as he then was) in Investec Bank Ltd v Bruyns 2012 (5) SA 430 (WCC). The Bruyns judgment confirmed that a creditor may sue a surety for the debts of a company…
The Marikana tragedy highlights the need for improvement in the social and economic lives of mineworkers.  Continual pressure through the mining Charter and through the Minerals and Petroleum Resources Development Act ("MPRDA") are continually being exerted.
A research project submitted to the Gordon Institute of Business Science, University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Business Administration.
Business rescue provisions clearly state that a company in business rescue enjoys freedom against prosecution of claims against it. These provisions are silent when it comes to instituting civil recovery actions against directors who have conducted the business fraudulently, recklessly or both.

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