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Companies in financial distress during business rescue proceedings
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613464617287680 |
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| access_status_str | Open Access |
| author2 | Joubert, E.P. |
| author_browse | Joubert, E.P. |
| author_facet | Joubert, E.P. |
| collection | Thesis |
| dc_rights_str_mv | © 2016 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)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53150 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:34.044Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| 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:2263/53150 Companies in financial distress during business rescue proceedings Joubert, E.P. olzazo@gmail.com Magardie, Myrtle Idelette Olwen UCTD Companies Act Business rescue Law theses SDG-08 SDG-08: Decent work and economic growth Mini Dissertation (LLM)--University of Pretoria, 2015. The new Companies Act has recently been introduced in South Africa with specific focus on companies in financial distress and bringing those companies back to their wealth. Prior to the introduction of the new Companies Act, South Africa made use of the judicial management procedure in terms of the Companies Act No. 61 of 1973. This was not a very successful mechanism for distressed companies in South Africa as the Old Act lacked formalised focus on business rescue and mainly focused on terminating the companies through a liquidation process. The fundamental rationality of business rescue proceedings is that a company facing financial difficulty can be rescued which will in the long term result in job preservation, better returns for creditors and higher going concern values for the company, as opposed to simply liquidating the company. This study is thus meaningful in order to ascertain whether or not the introduction of business rescue proceedings will change the culture and/or overall understanding on the effectiveness of rescuing distressed companies in South Africa. Furthermore, this study will also assess and compare South African legislation pertaining to the business rescue regime as provided for in the Companies Act, with similar regimes in Australia and the United Kingdom. Mercantile Law LLM Unrestricted 2016-06-14T09:45:10Z 2016-06-14T09:45:10Z 2016-04-14 2015 Mini Dissertation Magardie, MIO 2016, Companies in financial distress during business rescue proceedings, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53150> A2016 http://hdl.handle.net/2263/53150 en © 2016 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 Companies Act Business rescue Law theses SDG-08 SDG-08: Decent work and economic growth Companies in financial distress during business rescue proceedings |
| title | Companies in financial distress during business rescue proceedings |
| title_full | Companies in financial distress during business rescue proceedings |
| title_fullStr | Companies in financial distress during business rescue proceedings |
| title_full_unstemmed | Companies in financial distress during business rescue proceedings |
| title_short | Companies in financial distress during business rescue proceedings |
| title_sort | companies in financial distress during business rescue proceedings |
| topic | UCTD Companies Act Business rescue Law theses SDG-08 SDG-08: Decent work and economic growth |
| url | http://hdl.handle.net/2263/53150 |