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 Supervisor
Advisor Name Title Mr C Jonker Committee Chair Keywords
- debt relief
Date 2005-04-05 Availability unrestricted Abstract
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.
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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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