Nov 25, 2025 | Company / Corporate / Compliance, Debt Recovery, Insolvency / Liquidation
“I have heard that in war, haste can be folly, but have never seen delay that was wise.” (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of...
Sep 25, 2025 | Business Rescue, Insolvency / Liquidation
“If you’re flogging a dead horse, make sure you’re not riding it.” (Josh Stern) Creditors and company directors alike need to know how best to deal with a company in financial distress. Both should learn to recognise the difference between an...
Jul 28, 2025 | Company / Corporate / Compliance, Insolvency / Liquidation
“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can no...
Feb 25, 2025 | Insolvency / Liquidation
Section 129(2)(a) of the Companies Act stipulates that a company may not adopt a resolution to commence business rescue if liquidation proceedings have been “initiated” against the company. This raises the question: When exactly are liquidation proceedings...
Mar 11, 2024 | General Interest, Insolvency / Liquidation
In the confusion of an election year, directors are warned to ensure that, even during these difficult times, their actions are always in the best interest of the company. In this article, we’ll look at the principles within South African company law that regulate the...
Mar 6, 2024 | General Interest, Insolvency / Liquidation
“MTl’s business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier investors with investments taken from later investors.” (Extract from the MTI judgment) Recent...
