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SARS as a Creditor in Business Rescue Proceedings

  The South African Revenue Service (SARS) is typically one of the creditors in a company undergoing business rescue. In liquidation, SARS is a preferent creditor, ranking after secured creditors and employees but before concurrent creditors. Therefore, SARS...

Business Rescue: Not For The Terminally Ill

In recent years, South Africa’s economy has faced sluggish, and at times negative, growth. The situation worsened significantly during the COVID-19 pandemic when the South African government imposed a nationwide lockdown, halting all business activities except...

Post-Commencement Finance

Many companies continue to face economic challenges stemming from the nationwide lockdown lifted in April 2022. Despite the resumption of economic activity, many companies struggle to break even and require financial support. Financially distressed companies often...

Protection of Companies in Business Rescue

Upon the filing of a resolution to place a company into business rescue or the issuance of an application for such an order, a legal moratorium automatically comes into effect. While not mandatory, the business rescue practitioner typically notifies all known...

The Impact of Business Rescue on Employees

Business Rescue has been lauded by various commentators for its potential to preserve employment opportunities. Unlike liquidation, where a company ceases operations and employees automatically lose their jobs, a company under business rescue continues to operate,...

Business Rescue: An Additional Option for Creditors

Before the Companies Act of 2008 (“the Act”), creditors seeking to enforce their claims against a company could either issue summons or initiate liquidation proceedings to recover their debt. With the introduction of business rescue proceedings under the Act,...