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Coal for Christmas – Diener N.O. v Minister of Justice and others
It is that magical time of the year where images are abound of Christmas trees, fairy lights, delicious pudding, family gatherings and all things warm and [...]
Director, Nastascha Harduth, becomes the first female fellow of INSOL international in SA
The on-going global financial crisis, recent confirmation by STATSSA that South Africa is in a technical recession and the globalization of business will result in South [...]
Company directorship-declaring directors delinquent when trading a company in insolvent circumstances
In these turbulent economic times, and particularly with overt pressure on the Rand and with the recent downgrade of South Africa to "junk status", directors of [...]
Top ten risks for creditors of companies going into Business Rescue in 2017
Continued pressure on business and world economies appears to continue into 2017. In South Africa, 2016 has seen several companies going out of business and with [...]
South Africa’s Business Rescue regime – firing on all cylinders?
The downturn in world economies has placed business under severe pressure in the last few years. In South Africa, the knock-on effect has been felt, with [...]
QUO VADIS – business rescue or liquidation?
Going under business rescue is proving to be an increasingly attractive option for South African companies that are in financial distress since the advent of Chapter [...]
Time to amend the Business Rescue Act?
Business rescue was introduced into our law in May 2011. But is it time for an overhaul? The business rescue legislation has been in place for [...]
The impact of Mitchell judgement on purchases of immovable property from an insolvent estate
In a recent judgement, of City Tshwane Metropolitan Municipality v PJ Mitchell (38/2015) (2015) ZASCA, the Supreme Court of Appeal ruled that a hypothec created by section 118(3) [...]
The duty to disclose business rescue proceedings
On 14 April 2016, the Supreme Court of Appeal (“SCA”) in the matter of Umso Construction Proprietary Limited (“Umso”) v MEC for Roads and Public Works Eastern [...]
Spotlight on boards and shareholder activism
INTRODUCTION Corporate activism places public pressure on boards to improve both financial and non-financial performance of companies. Non-financial performance would include corporate governance, ethics, executive [...]
The delinquent director: No tolerance for errant directors
Errant company directors who fail to comply with the obligations set out in the Companies Act, 2008, will now face the prospect of being declared “delinquent” [...]
