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Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa
Thesis (PhD)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613544435941376 |
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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 | © 2019 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 | Thesis (PhD)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69925 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:50.174Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| 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:2263/69925 Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa Pretorius, Marius sello@mkhondotrust.co.za Mkhondo, Raynold Sello UCTD Business Rescue Pre-Packaged Sales (Pre-Packs) Corporate Restructuring Insolvency Law Governance Frameworks Economic and management sciences theses SDG-09 Economic and management sciences theses SDG-08 Thesis (PhD)--University of Pretoria, 2017. Pre-packaged sales are a common occurrence in most regimes that apply formal restructuring practices to rescue distressed businesses, giving them a fighting chance of survival. This study examines pre-packaged sales (or pre-packs) in a series of four articles termed publication-based-thesis to examine the operating environment, praxis and mechanics of the practice in order to develop a framework for the practice in South Africa (SA), being a newly established business rescue model. Using grounded theory to develop the framework, the study applies a thematic analysis of the legal, financial and operating environment of pre-packs in established and mature restructuring regimes to build towards a framework. The study follows with a survey of the practitioners in SA business rescue, and in particular, regarding cases that have culminated in sales as part of their successful termination, in order to determine the predictive pattern of such sales towards establishing pre-packs. It was, in fact found that pre-packs were already unofficially applied in the SA business rescue context. Applying the international theoretical framework to match local expert opinion in SA, the study culminates in building an operating framework for pre-packs in the local environment. The framework suggests amendments to the legislation that would remove uncertainties, especially regarding the acts of insolvency relating to directors’ obligations. The recommendations also suggest practice notes by the practitioner organisations that would govern the conduct of business rescue practitioners to ensure fair and equitable implementation of pre-packs. Furthermore, resulting from an observation made throughout the study, a theoretical argument is made regarding precedent as a theory in pre-packs. Precedent for pre-packs emerges as a realisation that pre-packs are often not legislated for, occur consequently as a result of legislative grey areas or gaps, and they are often then accepted as practice after sanction by courts or general adoption by practitioners. cb2026 Business Management PhD Unrestricted SDG-08: Decent work and economic growth SDG-09: Industry, innovation and infrastructure 2019-06-02T11:39:29Z 2019-06-02T11:39:29Z 2019/04/08 2017 Thesis Mkhondo, RS 2017, Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa, PhD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69925> A2019 http://hdl.handle.net/2263/69925 en © 2019 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 Business Rescue Pre-Packaged Sales (Pre-Packs) Corporate Restructuring Insolvency Law Governance Frameworks Economic and management sciences theses SDG-09 Economic and management sciences theses SDG-08 Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa |
| title | Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa |
| title_full | Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa |
| title_fullStr | Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa |
| title_full_unstemmed | Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa |
| title_short | Exploring pre-packaging as an enhancement to business rescue processes : the case for South Africa |
| title_sort | exploring pre packaging as an enhancement to business rescue processes the case for south africa |
| topic | UCTD Business Rescue Pre-Packaged Sales (Pre-Packs) Corporate Restructuring Insolvency Law Governance Frameworks Economic and management sciences theses SDG-09 Economic and management sciences theses SDG-08 |
| url | http://hdl.handle.net/2263/69925 |