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A comparative analysis of the legal framework for zombie companies in South Africa
Mini Dissertation (LLM (insolvency))--University of Pretoria, 2023.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613531742928897 |
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| access_status_str | Open Access |
| author2 | Van Wyk, Jani Sani |
| author_browse | Van Wyk, Jani Sani |
| author_facet | Van Wyk, Jani Sani |
| 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))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94305 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:38.105Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/94305 A comparative analysis of the legal framework for zombie companies in South Africa Van Wyk, Jani Sani kasvercueil@gmail.com Van Wyk, Jani Vercueil, Kassandra UCTD Zombie companies Foreign jurisdictions Insolvency framework South Africa Liquidation Mini Dissertation (LLM (insolvency))--University of Pretoria, 2023. This study analyses the phenomenon of zombie companies in South Africa. Although there is limited scholarship available on zombie companies in South Africa, the phenomenon is not new. This study reviews the history of zombie companies, particularly how they increase after a large economic shock such as Covid-19. This is greatly due to the lax monetary policy implemented, and aid extended, during these times. South Africa’s policy responses to Covid-19 is unpacked and discussed. This is to illustrate the link between the actions of South Africa, and other actions which historically led to the increase in zombie companies in foreign jurisdictions. The study further provides criteria for zombie companies. Th criteria includes a definition, the characteristics and lifecycle of zombie companies. Thereafter, the study unpacks international best practices regarding the design of insolvency regimes. In this respect, Portugal is used as a case study. In terms of international best practice, Portugal’s regime was one of the most poorly designed. However, following reform to the insolvency regime, the number of zombie companies in the country continue to decline. Against this background, South Africa’s current insolvency framework and procedures are analysed. As an effective insolvency regime combats zombie companies through prompt restructuring and smooth exit, the study investigates whether South Africa’s insolvency regime aligns with international best practice and whether there are shortcomings that need to be addressed. The lessons learned from the reforms in Portugal are considered as possible solutions to enhance the South African insolvency framework to address zombie companies. After a critical analysis of the research findings, observations are made in order to provide recommendations for law reform. Mercantile Law LLM (insolvency) Unrestricted Faculty of Laws SDG-08:Decent work and economic growth 2024-02-05T12:55:57Z 2024-02-05T12:55:57Z 2024-05-15 2023 Mini Dissertation * A2024 http://hdl.handle.net/2263/94305 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 Zombie companies Foreign jurisdictions Insolvency framework South Africa Liquidation A comparative analysis of the legal framework for zombie companies in South Africa |
| title | A comparative analysis of the legal framework for zombie companies in South Africa |
| title_full | A comparative analysis of the legal framework for zombie companies in South Africa |
| title_fullStr | A comparative analysis of the legal framework for zombie companies in South Africa |
| title_full_unstemmed | A comparative analysis of the legal framework for zombie companies in South Africa |
| title_short | A comparative analysis of the legal framework for zombie companies in South Africa |
| title_sort | comparative analysis of the legal framework for zombie companies in south africa |
| topic | UCTD Zombie companies Foreign jurisdictions Insolvency framework South Africa Liquidation |
| url | http://hdl.handle.net/2263/94305 |