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Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan
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_ | 1867613638385205248 |
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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:2263/101056 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:19.648Z |
| 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:2263/101056 Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan Van Wyk, Jani larisa@shplaw.co.za Van Niekerk, Larisa UCTD Sustainable Development Goals (SDGs) Insolvency law Business rescue Company law Creditors Post-commencement creditors Post-commencement finance Life-line Mini Dissertation (LLM (Insolvency Law))--University of Pretoria, 2024. Post-commencement financiers provide a lifeline to companies under business rescue and these financiers have their best interest in the survival of these companies. Should it be that the business rescue plan is unsuccessful, the chances are that the post commencement financiers will be the largest creditors. In Wescoal Mining (Pty) Ltd v Mkhombo NO, a dispute arose regarding the appropriate adoption of a business rescue plan during the meeting. One critical legal issue was whether the Companies Act bestows voting rights exclusively to the company's creditors who existed at the initiation of business rescue, or if creditors accruing after the commencement may also partake in voting on the plan. Following an assessment by Judge Wilson, it was established that only creditors with claims predating the commencement were eligible to participate in the voting process. Subsequently, Judge Wilson believed that section 135 of the Companies Act places post-commencement financiers as creditors in a different class and provides for their protection and interests in a different way. Against this background, the dissertation evaluates the position of post-commencement creditors when it comes to voting on a business rescue plan. Mercantile Law LLM (Insolvency Law) Unrestricted Faculty of Laws SDG-08: Decent work and economic growth SDG-09: Industry, innovation and infrastructure 2025-02-19T12:29:59Z 2025-02-19T12:29:59Z 2025-05-28 2024-11-25 Mini Dissertation * A2025 http://hdl.handle.net/2263/101056 Disclaimer letter 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) Insolvency law Business rescue Company law Creditors Post-commencement creditors Post-commencement finance Life-line Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan |
| title | Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan |
| title_full | Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan |
| title_fullStr | Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan |
| title_full_unstemmed | Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan |
| title_short | Perspectives of post-commencement financiers regarding their voting rights on a business rescue plan |
| title_sort | perspectives of post commencement financiers regarding their voting rights on a business rescue plan |
| topic | UCTD Sustainable Development Goals (SDGs) Insolvency law Business rescue Company law Creditors Post-commencement creditors Post-commencement finance Life-line |
| url | http://hdl.handle.net/2263/101056 |