Legal updates and opinions

and researched by Thabani Dlamini - Candidate Attorney Introduction When your business is struggling and creditors are knocking down the door, the primary focus has traditionally [...]

and Khanyisa Tshoba - Candidate Attorney A critical look at Vantage Mezzanine Fund II Partnership and Another v Hopeson and Others (2022/045978) [2023] ZAGPJHC 1406 (24 [...]

With continued unpredictable loadshedding schedules, a logistics crisis at our ports costing the South African economy R100 million per day, and with rampant consumer inflation (reported [...]

Unpacking the impact of distressed corporates, economic uncertainty and director apathy on insolvency practitioners in South Africa. Dr Eric Levenstein is Head of the Insolvency and [...]

Reviewed by, Dr Eric Levenstein, Director and Head of Business Rescue & Insolvency A critical look at Wescoal Mining (Pty) Ltd & Another v Mkhombo NO [...]

  It is evident from recent judgments handed down by the Supreme Court of Appeal (the "SCA") that various provisions of Chapter 6 of the Companies [...]

  An order setting aside a winding up order is akin to raising the dead -  especially if the winding-up is far into its progression. The [...]

  DOWNLOAD THE FAQ GUIDE HERE The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order [...]

Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April this year are likely to place additional stress on the South African consumer and [...]

by Tandiwe Matshebela, Director, Tebello Mosoeu, Associate, and Zoë Austen, Candidate Attorney Added to the liquidators' responsibility and duty to investigate the financial affairs of the [...]

by Dr. Eric Levenstein, Director, and Head of Insolvency and Business Rescue and Brandon Starr, Candidate Attorney  2022 stated off with positive sentiment all round. Covid [...]

by Tandiwe Matshebela, Director and, Koketso Rapoo, Candidate Attorney The Companies Act It goes without saying that a director is the mind and sounding board of [...]

Business rescue was introduced into our law with the enactment of Chapter 6 of the Companies Act 71 of 2008 ("Companies Act"). In essence, business rescue [...]

by Eric Levenstein, Head of Insolvency, Business Rescue and Restructuring, Kerisha Reddy, Associate, and, Brandon Starr, Candidate Attorney A key task of a liquidator, once appointed, [...]

Business Rescue Proceedings A company should commence business rescue proceedings at the first signs of it being financially distressed, within the meaning of the Act. 1. [...]

The recent High Court judgment in National Director of Public Prosecutions v Knoop N.O and others; National Director of Public Prosecutions v Templar Capital Limited and [...]

Business Rescue Practitioner 1. What is the role of the business rescue practitioner? The business rescue practitioner is required, as soon as possible after appointment, to [...]

South Africa's business rescue procedure by Eric Levenstein, Head of Insolvency, Business Rescue & Restructuring and, Brandon Starr, Candidate Attorney In the recently published Deloitte Africa [...]

Business Rescue Plan 1. What is a business rescue plan? A business rescue plan is a plan developed and, if approved, implemented by the business rescue [...]

The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed assets [...]

The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed assets [...]

Section 129(7) of the Companies Act The often "overlooked" Section and its meaning for directors of financially distressed companies by Eric Levenstein, Director, and Head of [...]

Business Rescue in South Africa 2022 by Eric Levenstein, Director, and Head of Insolvency, Business Rescue & Restructuring practice, and Malachizodok Mpolokeng, Candidate Attorney With the [...]

Cross-border insolvency by Eric Levenstein, Director and Head of the Insolvency, Business Rescue & Restructuring Practice and Nastascha Harduth, Director Breaking news out of India, is [...]

What effect does business rescue have? 1. What happens to the directors during business rescue? The directors of the company remain the directors. However, their powers [...]