Jan 28, 2025 | Constitutional Law, Consumer Law, Uncategorized
“The secret of life is honesty and fair dealing… If you can fake that, you’ve got it made.” (Groucho Marx) We’ve all had this experience – meal over, relaxed and happy, you call for the bill and decide to reward your friendly and helpful waitron with a good tip. Only...
Sep 27, 2024 | Business Rescue, Uncategorized
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...
Jun 7, 2021 | Uncategorized
Whether being leased premises, machinery, or equipment necessary to conduct business, it is trite that companies in business rescue may have in their possession property belonging to another. The effect of this is that if such property is lawfully in the possession of...
Aug 27, 2017 | Uncategorized
Once a company commenced with business rescue proceedings the practitioner may in terms of Section 136(2)(a) of the Companies Act suspend the obligations of the company. In the matter of BP Southern Africa (Pty) Ltd v Intertrans Earl SA (Pty) Ltd & Others [2016],...
May 21, 2017 | Uncategorized
Lowvelder Article for 21 April 2017 The Companies Act provides for a company in financial distress to commence with business rescue proceedings in an attempt to rescue the company. However, the Act also makes provision for a company to enter into a compromise or...
Jan 8, 2017 | Business Rescue, Uncategorized
Creditors regularly perceive companies, which commence with business rescue proceedings, do so purely as a delaying tactic and a ploy to postpone the inevitable liquidation of the company. Unfortunately Business Rescue Practitioners do accept their appointment and...
