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Factual evaluation of rescue feasibility : a reasonable prospect approach
Dissertation (MCom)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613689327124480 |
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| access_status_str | Open Access |
| author2 | Pretorius, Marius |
| author_browse | Pretorius, Marius |
| author_facet | Pretorius, Marius |
| 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 | Dissertation (MCom)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/57157 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:08.409Z |
| 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:2263/57157 Factual evaluation of rescue feasibility : a reasonable prospect approach Pretorius, Marius jvrandria@gmail.com Rosslyn-Smith, W.J. (Wesley John) Janse van Rensburg, Andria Cornelia UCTD Financial distress Business rescue Reasonable prospect Decision making Economic and management sciences theses SDG-08 Economic and management sciences theses SDG-16 Dissertation (MCom)--University of Pretoria, 2016. Orientation: As required by various sections in The Companies Act 71 of 2008, the appointed practitioner in a rescue must place before the court facts proving reasonable prospect; this is mainly determined through the subjective thought process of the practitioners who rely on his/her experience and knowledge in rescue and/or business management. This appears in direct contrast to the requirements set out by several court cases. There are many questions surrounding the determination of reasonable prospect as there is no benchmark for business rescue practitioners to work towards or a prescribed process to be followed. Research purpose: This article investigates different methods available to business rescue practitioners to factually determine (initial) reasonable prospect and guide the decision making process during the initial stages of the rescue. Motivation for the study: Business rescue is still in its infancy and reasonable prospect is one of the many vague but yet mandatory for initiating business rescue procedures. A better understanding of reasonable prospect and possible ways to factually measure it will contribute greatly to the business rescue regime. Research design and approach: The research studied numerous methods of determining financial distress and decline (literature) as well as relevant cases (law) of rescue accepted or declined in court, on the basis of reasonable prospect. Triangulation of findings assisted to conclude on a series of possible tools to be utilised during the business rescue process. Main findings: Reasonable prospect is mainly based on the practitioner's experience and opinion. Factually proving reasonable prospect remains difficult due to the presence of information asymmetry and the liability of data integrity. Due diligence is important and academic methods of determining financial distress/decline/position mostly serve as a communication tool to creditors. Practical/managerial implications: Business rescue practitioners and other affected parties could benefit from the insights obtained through this study. Confirming possible methods that could assist with the factual determination of (initial) reasonable prospect can contribute to business rescue education/ development as well as avoid the current conflict that surround the subject. Practical benefits for affected parties that must use reasonable prospect are also proposed. Contribution/value add: Identifying relevant methods of determining (initial) reasonable prospect may contribute to the better understanding of business rescue and possibly help future education of BRP's. tm2016 cb2026 Business Management MCom Unrestricted SDG-08: Decent work and economic growth SDG-16: Peace, justice and strong institutions 2016-10-14T07:31:10Z 2016-10-14T07:31:10Z 2016/09/02 2016 Dissertation Janse van Rensburg, AC 2016, Factual evaluation of rescue feasibility : a reasonable prospect approach, MCom Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/57157> S2016 http://hdl.handle.net/2263/57157 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 Financial distress Business rescue Reasonable prospect Decision making Economic and management sciences theses SDG-08 Economic and management sciences theses SDG-16 Factual evaluation of rescue feasibility : a reasonable prospect approach |
| title | Factual evaluation of rescue feasibility : a reasonable prospect approach |
| title_full | Factual evaluation of rescue feasibility : a reasonable prospect approach |
| title_fullStr | Factual evaluation of rescue feasibility : a reasonable prospect approach |
| title_full_unstemmed | Factual evaluation of rescue feasibility : a reasonable prospect approach |
| title_short | Factual evaluation of rescue feasibility : a reasonable prospect approach |
| title_sort | factual evaluation of rescue feasibility a reasonable prospect approach |
| topic | UCTD Financial distress Business rescue Reasonable prospect Decision making Economic and management sciences theses SDG-08 Economic and management sciences theses SDG-16 |
| url | http://hdl.handle.net/2263/57157 |