South Africa: Financial Restructuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

Personal Liability Of Business Rescue Practitioners In South Africa

Business Rescue Practitioners in South Africa wield significant powers over distressed companies, but when does their conduct cross the line into personal liability? Explore the legal boundaries between commercial judgment and gross negligence, and discover how recent case law protects practitioners acting in good faith while holding accountable those who act recklessly or fraudulently.

South Africa Commercial

BI

Barnard Inc.

Applicability Of Mergers And Acquisitions In The Business Rescue Environment

Business rescue under South Africa's Companies Act provides financially distressed companies with restructuring opportunities through mergers and acquisitions. How can M&A transactions facilitate corporate rehabilitation while balancing creditor interests, employment preservation, and legal compliance requirements?

South Africa Commercial

BI

Barnard Inc.

Chuckles, But No Laughing Matter

At the centre of the issue appears to be a commercial dispute with Woolworths, reportedly involving exclusivity arrangements and supply dynamics.

South Africa Commercial

BI

Barnard Inc.

When “Getting Paid” Comes Back To Bite

There is a certain relief in reaching a settlement. The dispute is resolved, terms are agreed and payment is on the horizon.

South Africa Insolvency

FW

Fairbridges

When A Debtor Dies, Can You Still Recover The Debt?

South Africa Insolvency

FW

Fairbridges

Automation, Restructuring And Fairness - Staging AI Adoption Under The LRA

South Africa Technology

WW

Webber Wentzel

Mango's Plan: An Investor, A Creditor, And A Cession

South Africa Commercial

BI

Barnard Inc.

Internal Restructuring: Insights Into The Competition Commission's Latest Guidelines

South Africa Insolvency

AA

Adams & Adams

Johannesburg High Court Launches Dedicated Insolvency Court

South Africa Insolvency

BI

Barnard Inc.

Competition Commission Aims To Provide Clarity On Internal Restructurings

South Africa Anti-trust

WW

Webber Wentzel

Do Post-Commencement Creditors Now Have A Say In Business Rescue?

South Africa Commercial

BI

Barnard Inc.

Ster-Kinekor's Business Rescue Blockbuster

South Africa Commercial

BI

Barnard Inc.

Suspension Of Contractual Obligations And The Moratorium In South African Business Rescue

South Africa Commercial

NR

Norton Rose Fulbright

Labour Court Judgment Sends A Strong Message To Unions And CCMA Commissioners Ahead Of The New Year

South Africa Insolvency

E

ENS

Out Of The Gazette, Into The Inbox: How The 2026 Amendments Reshape Mutual Bank Reporting

South Africa Finance

E

ENS

The Invisible Value Powering Sport’s Multibillion-Dollar Industry And Why Africa Matters

South Africa IP

I

Inventa

Trade Mark First, SAHPRA Later; Or SAHPRA First, Trade Mark Later: A Chicken Or Egg Conundrum

South Africa IP

E

ENS

Africa Tax In Brief

E

ENS

When Tax Structuring Stops Being About Tax

South Africa Commercial

Ai

Andersen in South Africa

Tax Implications Of Setting Up Operations And Corporate Restructuring

In the world of business smart tax planning and compliance are crucial for achieving financial efficiency and minimising risks. Whether you're setting up new operations or considering corporate...

South Africa Tax

Ai

Andersen in South Africa

Insolvency In South Africa: Snapshot 2023

This brief snapshot of different insolvency-related topics highlights trending issues that our experts have observed and follow closely as they may have an impact on the insolvency realm within Africa.

South Africa Insolvency

E

ENS

The Repo Rate Hike Is Devastating For Homeowners And Consumers, But What About Employers?

Whenever the governor of the South African Reserve Bank ("SARB"), Lesetja Kganyago, announces a hike in the repurchase ("repo") rate, the first thing that comes to mind, or we see in the headlines...

South Africa Insolvency

E

ENS

The Impact Of Unrest: Financial Reporting And Disclosures

Civil unrest has undoubtedly had an impact on almost all entities either directly or indirectly, it generally heightens our awareness to volatile situations, and highlights the uncertainty...

South Africa Government

SG

SNG Grant Thornton

Case Law: SCA Sets A Precedent In The Recovery Of Property Against A Company In Business Rescue

South Africa Insolvency

Tf

Tabacks

SCA Sets A Precedent In The Recovery Of Property Against A Company In Business Rescue

South Africa Commercial

Tf

Tabacks

Restructuring Quarterly Bulletin

Worldwide Insolvency

B

Bowmans

"Promotions" In The Context Of Retrenchment Proceedings

South Africa Employment

E

ENS

Chief Restructuring Officer – What Role Can It Play?

South Africa Insolvency

F

Fasken

Revised Debt Restructuring Tax Rules

South Africa Tax

Pv

Pieter van der Zwan & Associates

Restructuring In Africa – An Employment And Labour Law Perspective

South Africa Employment

D

Dentons

Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?

South Africa Employment

E

ENS

The Just And Equitable Principle Of Winding Up Solvent Companies

South Africa Insolvency

CY

Cox Yeats

Can A Business Rescue Practitioner Issue Shares?

South Africa Commercial

RM

Routledge Modise

Restructuring In Africa – An Employment And Labour Law Perspective

Generally, for retrenchments to be lawful in most jurisdictions they must be substantively and procedurally fair.

South Africa Employment

D

Dentons

Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?

In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 ("the LRA").

South Africa Employment

E

ENS

The Just And Equitable Principle Of Winding Up Solvent Companies

This circular will examine the principles relating to the winding up of a solvent company on the basis of what is referred to as the just and equitable principle.

South Africa Insolvency

CY

Cox Yeats

Can A Business Rescue Practitioner Issue Shares?

In most instances a company in business rescue will require post commencement financing.

South Africa Commercial

RM

Routledge Modise

Moratorium On Claims In Business Rescue Proceedings

South Africa Insolvency

SI

Schoemanlaw Inc

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