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The relationship between the business rescue practitioner and the directors of the company
Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613443921543168 |
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| access_status_str | Open Access |
| author2 | Van Wyk, Jani |
| author_browse | Van Wyk, Jani |
| author_facet | Van Wyk, Jani |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100725 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:14.350Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100725 The relationship between the business rescue practitioner and the directors of the company Van Wyk, Jani neomokoka2@gmail.com Mokoka, Neo UCTD Sustainable Development Goals (SDGs) Business rescue Companies Act 71 of 2008 Roles and powers of directors Roles and powers of business rescue practitioner Limitations on powers, roles and duties of directors US bankruptcy code Comparative study Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024. This dissertation on the relationship between the business rescue practitioner and the directors of the company under business rescue. In essence, this dissertation investigates whether a conflict arises between the duties, roles and powers of the business rescue practitioner and those of directors of the financially distressed company. The aim of this dissertation is to study what are the limitation on duties, roles and powers of directors of the company as a result of the appointment of the business rescue practitioner and the extent thereof. In achieving the above objective, this dissertation commences with setting out the background of business rescue proceedings in South Africa by analysing provisions of Chapter 6 of the Companies Act 71 of 2008 which has introduced “a new corporate rescue procedure” in South Africa, being business rescue. The focus is on provisions dealing with duties, roles and powers of directors in the ordinary course as set out in section 66, 75 to 77 of the Act. The focus then shifts to the provisions dealing with the commencement of business rescue proceedings, the appointment of the business rescue practitioner and his duties, roles and powers. In order to establish whether a conflict truly exists between the duties, roles and powers, various sources dealing with this issue are considered. In order to assess whether there are solutions in dealing with the conflict and/or limitation that arises, this dissertation includes a comparative study on selected foreign jurisdictions dealing with the interaction between the board of directors and business rescue practitioner are considered. In particular, this dissertation considers corporate rescue mechanisms in the Commonwealth of Australia, the United Kingdom and the United States of America. The purpose of the comparative study is to determine which lessons can be learned from the practices in the aforementioned jurisdictions. The overall objective of this study is to determine how the South African legal framework pertaining to the interaction between directors and business rescue practitioners can be enhanced. Mercantile Law LLM (Insolvency Law) Unrestricted Faculty of Laws None 2025-02-11T18:10:18Z 2025-02-11T18:10:18Z 2025-05 2024-11 Mini Dissertation * A2025 http://hdl.handle.net/2263/100725 10.25403/UPresearchdata.28383836 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Business rescue Companies Act 71 of 2008 Roles and powers of directors Roles and powers of business rescue practitioner Limitations on powers, roles and duties of directors US bankruptcy code Comparative study The relationship between the business rescue practitioner and the directors of the company |
| title | The relationship between the business rescue practitioner and the directors of the company |
| title_full | The relationship between the business rescue practitioner and the directors of the company |
| title_fullStr | The relationship between the business rescue practitioner and the directors of the company |
| title_full_unstemmed | The relationship between the business rescue practitioner and the directors of the company |
| title_short | The relationship between the business rescue practitioner and the directors of the company |
| title_sort | relationship between the business rescue practitioner and the directors of the company |
| topic | UCTD Sustainable Development Goals (SDGs) Business rescue Companies Act 71 of 2008 Roles and powers of directors Roles and powers of business rescue practitioner Limitations on powers, roles and duties of directors US bankruptcy code Comparative study |
| url | http://hdl.handle.net/2263/100725 |