Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Pooling of assets in Rwanda: what message does the new Insolvency Law send to corporate groups?
    2018-07-09

    It has been long-established by the classic fundamental principles of corporate law that companies are separate and distinct persons from their shareholders, directors and officers. From this flows the general principle that it is the company, and the company alone, that can be liable for its obligations. This holds even in cases of companies linked by direct and indirect share participation and which are, in their entirety, dominated by a parent company, often a mere holding company without any business activity. These are referred to in corporate jargon as “corporate groups”.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, ENS, Shareholder, Liquidation, Parent company
    Authors:
    Dieudonné Nzafashwanayo
    Location:
    South Africa
    Firm:
    ENS
    Preferred or not preferred - the super preferent status of a business rescue practitioner in subsequent liquidation proceedings
    2018-05-23

    The Supreme Court of Appeal provided clarity in Diener N.O. v Minister of Justice & Others (926/2016) regarding the ranking of the business rescue practitioner’s (BRP) claim for remuneration and expenses. The SCA also clarified whether such claim was conferred a “super preference” over all creditors, secured and unsecured in subsequent liquidation proceedings.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Liquidation, Unsecured creditor, Companies Act
    Authors:
    Tiffany Jegels , Corné Lewis
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    Insolvency statistics: A true reflection of the business environment in South Africa
    2018-02-21

    On 22 January 2018, Statistics South Africa released a report for the period January to December 2017 on insolvencies in South Africa. This report reveals a general decrease in liquidations.

    Filed under:
    South Africa, Insolvency & Restructuring, Cliffe Dekker Hofmeyr, Liquidation
    Authors:
    Julian Jones , Roxanne Wellcome , Courtney Jones
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    Remuneration of business rescue practitioners - the requirement to prove claims against the insolvent estate
    2018-04-11

     A recent development in the ever-evolving jurisprudence associated with business rescue proceedings relates to the remuneration of the business rescue practitioner in the event that a business rescue fails. The Supreme Court of Appeal in Diener N.O. v Minister of Justice (926/2016) [2017] ZASCA 180 has recently confirmed that the practitioner’s fees do not hold a ‘super preference’ in a liquidation scenario and the practitioner is required to prove a claim against the insolvent estate like all other creditors.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Liquidation
    Authors:
    Timothy Baker , Siviwe Mcetywa
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    Remuneration of business rescue practitioners - the requirement to prove claims against the insolvent estate
    2018-04-11

    A recent development in the ever-evolving jurisprudence associated with business rescue proceedings relates to the remuneration of the business rescue practitioner in the event that a business rescue fails. The Supreme Court of Appeal in Diener N.O. v Minister of Justice (926/2016) [2017] ZASCA 180 has recently confirmed that the practitioner’s fees do not hold a ‘super preference’ in a liquidation scenario and the practitioner is required to prove a claim against the insolvent estate like all other creditors. 

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Liquidation, Unsecured creditor, South Africa Supreme Court of Appeal
    Authors:
    Timothy Baker , Siviwe Mcetywa
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    What does the administration of Uganda Telecom Limited mean for creditors and other stakeholders?
    2017-07-05

    The recent administration of heavily indebted Uganda Telecom Limited (“UTL”) aims to achieve the best outcome for creditors and shareholders. Below, we unpack the implications of the administration for UTL’s creditors and other stakeholders.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, ENS, Shareholder, Liquidation, Secured creditor
    Authors:
    Rehema Nakirya Ssemyalo , Phillip Karugaba
    Location:
    South Africa
    Firm:
    ENS
    Who calls the shots?
    2017-10-11

    In Ex Parte Nell and Others NO 2014 (6) SA 545 (GP) (28 July 2014), the board of a company passed a resolution placing it in business rescue in accordance with s129 of the Companies Act, No 71 of 2008 (Companies Act). In terms of this section, a financially distressed company may, without any prior judicial oversight or consultation with its creditors, achieve a general moratorium against legal proceedings.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Liquidation
    Authors:
    Kgosi Nkaiseng
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    ”Justice delayed is justice denied” - William E. Gladstone
    2018-01-17

    Certain debtors have become masters of delay and indeed professional insolvents, leaving creditors and failed businesses in their wake. 

    The legal moratorium is a protective mechanism inherent in business rescue proceedings. Another safety net available to debtors is the possibility of rehabilitation of insolvent estates. Debtors use these and other methods to take advantage of the system and their creditors, delaying the winding up process and impeding creditors’ recovery.

    Filed under:
    South Africa, Insolvency & Restructuring, Cliffe Dekker Hofmeyr, Debtor, Liquidation
    Authors:
    Tobie Jordaan
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    South Africa: Business Rescue: Open for abuse?
    2017-01-11

    It has already been five years since the South African legislature introduced business rescue, a corporate restructuring procedure, which given the current economic climate is a concept that most corporates should now be familiar with. Despite its progressive intentions and increasing popularity, business rescue is often abused, usually by directors and stakeholders who have in-depth knowledge of the affairs of the company, the causes and consequences of the financial demise of the company, and who are often the initiators of the process.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidation, Companies Act
    Authors:
    John Bell , Jennifer Barnett
    Location:
    South Africa
    Firm:
    Baker McKenzie
    Business rescue, restructuring and insolvency: prescription - the mother of all evil
    2016-08-30

    Prescription is one word which every creditor (and attorney) dread. Prescription extinguishes a debt and there is very little a creditor can do once that proverbial ship has sailed.

    The Prescription Act, No 68 of 1969 (Prescription Act), on a good day, has its challenges, but the situation is even more uncertain when an insolvent estate is concerned.

    Rogers J, with Nuku J concurring, in the recent judgment of Van Deventer and Another v Nedbank Ltd 2016 (3) SA 622 (WCC) shed some very needed light on this issue.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Surety, Debt, Default judgment, Liquidation, Linguistic prescription, Corporations Act 2001 (Australia), Companies Act
    Authors:
    Lucinde Rhoodie
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 62
    • Page 63
    • Page 64
    • Page 65
    • Current page 66
    • Page 67
    • Page 68
    • Page 69
    • Page 70
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days