Title page for ETD etd-04132010-114906

Document Type Master's Dissertation
Author Alberts, Marius
URN etd-04132010-114906
Document Title Business rescue in South Africa : a critical review of the regulatory environment
Degree MBA
Department Gordon Institute of Business Science
Advisor Name Title
Mr C Jonker Committee Chair
  • debt relief
Date 2005-04-05
Availability unrestricted

At the core of the current discourse regarding business rescue is a fundamental shift in the approach to insolvency, namely that a debtor-friendly approach will encourage early intervention in the affairs of a distressed company. Initiating a state of business rescue without a court order and entering into a moratorium with the resulting impact on the rights of creditors introduces a move towards a debtor-friendly approach. This move in turn presents the problem: What form should the local regulatory environment pertaining to entering a state of business rescue and the automatic take? This report examined international practices and local developments, and includes local research. It puts forward a proposal as to what the minimum requirements for initiating a state of business rescue and the moratorium in a new regulatory environment should be. A summary of the status quo in South Africa, with recommendations, is also presented. It also identifies areas for further research.

2004 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.

Please cite as follows:

Alberts, MN 2004, Business rescue in South Africa : a critical review of the regulatory environment , MBA dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-04132010-114906/ >


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