Business rescue

About the course

With businesses struggling in our present economic circumstances, business rescue offers an alternative to liquidation and may give a company a second chance and save the jobs of its employees. South Africa has a strong need for skilled business rescue practitioners to meet the current demand.

This course is a summary of business rescue - a roadmap to business rescue law. It includes case law and the commercial and transactional (including M&A) aspects thereof.

Course content

The course will cover the following:

• The concept of business rescue – meaning, scope, functional purpose(s), test
• Feasibility check – Is business rescue suitable for all companies?
• Some comments on when can the business rescue process commence (When does it begin)?
• How can the process start: Practical aspects - The available routes : Voluntary (board and CIPC) or court order - (what goes into the court papers)
• Duties of the directors and interests of the affected parties (including: support and objections thereof)
• Duration of business rescue
• Some legal effects of business rescue (moratorium/stay - legal, property, landlord)
• Post-commencement finance and security thereof
• Interplay between business rescue, liquidation and M&As
• Consequences of business rescue on contracts on employment contracts, contracts, suretyships or guaranties, directors and shareholders
• Failure to commence business rescue within a stipulated period(s)
• The legal position of disposals during liquidation but before business rescue
• Business rescue Practitioner and duties (Appointment, qualifications, removal/replacement, remuneration)
• Case law and business rescue real current case studies in action
• Drafting an unimpeachable business rescue plan
• Can business rescue practitioners unilaterally amend a business rescue plan?
• Tax compliance and business rescue
• Abuse of business rescue proceedings
• Combatting abuse of business rescue proceedings.
• Termination of business rescue proceedings

Registration

Register and enrol directly with the course provider.

More information

Read more: Business rescue
Email: lawshortcourses@uct.ac.za
Phone: +27 (0)21 650 5719