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The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis
Mini Dissertation (LLM)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613523665747968 |
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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 | © 2018 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, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65690 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:30.383Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| 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:2263/65690 The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis Joubert, E.P. mnisi.gabi@gmail.com Mnisi, Happiness Xolile UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. South African company law has had provisions for the rescue of financially distressed companies, through the Companies Act 1926 and 1973. These pieces of legislation provided for the rescue of financially distressed entities through a process of judicial management. Judicial management inadequately provided any relief for financially distressed companies and resultantly, it was under utilised. The critics of this rescue mechanism advanced many reasons for its outright failure. South Africa has welcomed a new rescue mechanism for financially distressed companies, called business rescue which is housed in Chapter 6 of the Companies Act 71 of 2008. This study analyses sections 135 and 136 of the Companies Act. The aim is to examine the vast participation rights bestowed upon employees in these two sections, and their effect on the success rate of business rescue as a mechanism of relief for financially distressed companies. Several loopholes are identified in the legislation, which, if uncorrected will pose a great hindrance to the operation of the whole of the rescue procedure as envisaged by Chapter 6. Recommendations are made to enhance the feasibility of the new business rescue provisions, if any success can be expected from the new legislation. Mercantile Law LLM Unrestricted 2018-07-16T07:56:09Z 2018-07-16T07:56:09Z 2018/04/17 2017 Mini Dissertation Mnisi, HX 2017, The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65690> A2018 http://hdl.handle.net/2263/65690 en © 2018 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 The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis |
| title | The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis |
| title_full | The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis |
| title_fullStr | The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis |
| title_full_unstemmed | The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis |
| title_short | The effects of sections 135 and 136 of the Companies Act 71 of 2008 on business rescue proceedings : a critical analysis |
| title_sort | effects of sections 135 and 136 of the companies act 71 of 2008 on business rescue proceedings a critical analysis |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65690 |