South Africa: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

Waiting For Disclosure

Litigation can sometimes feel like a long-running stage production. Pleadings are exchanged, attorneys correspond, dates are diarised, costs are incurred and everyone continues playing their part.

South Africa Insolvency

FW

Fairbridges

When “Getting Paid” Comes Back To Bite

There is a certain relief in reaching a settlement. The dispute is resolved, terms are agreed and payment is on the horizon.

South Africa Insolvency

FW

Fairbridges

When A Debtor Dies, Can You Still Recover The Debt?

The death of an entrepreneur can turn an already difficult recovery matter into something far more complicated. On paper, a lender or development fund may still have clear rights.

South Africa Insolvency

FW

Fairbridges

Concursus Creditorum: Drawing A Hard Line In The Sand

In a recent judgment that serves as a cautionary tale for creditors and agents alike, the Supreme Court of Appeal ("SCA") has with characteristic clarity and rigour, delivered a clear reminder...

South Africa Insolvency

E

ENS

Property, Protest, And The Power Of The Law

South Africa Insolvency

E

ENS

Mango's Plan: An Investor, A Creditor, And A Cession

South Africa Commercial

BI

Barnard Inc.

Locking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over Suretyships

South Africa Commercial

BI

Barnard Inc.

SCA Raises Uncertainty Over Safeguarding Of Insurance Benefits In Insolvency Proceedings

South Africa Insurance

E

ENS

Strengthening South Africa's Legal Framework Through An Insolvency Court

South Africa Insolvency

SG

SNG Grant Thornton

Johannesburg High Court Launches Dedicated Insolvency Court

South Africa Insolvency

BI

Barnard Inc.

The Abuse Of The Legal System In South Africa: Shielding Liability Through Legal Manoeuvring

South Africa Litigation

FW

Fairbridges

Rule 46A: Protecting Dignity While Addressing Debt Recovery In Foreclosure Proceedings

South Africa Insolvency

FW

Fairbridges

A Snapshot Of The Insolvency And Business Rescue Provisions As They Relate To Co-operatives In South Africa

South Africa Commercial

E

ENS

Unlawfully Conducting The Business Of A Bank Can Lead To Your Sequestration

South Africa Insolvency

E

ENS

How South Africa’s Credit Guarantee Vehicle Can Rewire Bank Capital

South Africa Finance

E

ENS

From Grey To Black And White: South Africa’s Crypto Asset Regulatory Shift

South Africa Technology

E

ENS

South Africa Publishes Draft Capital Flow Management Regulations For Public Comment

South Africa Technology

E

ENS

South Africa Publishes Draft National Artificial Intelligence Policy For Public Comment

South Africa Technology

F

Fasken

Waffle Irons & Billion Dollar Business: How Innovation And Intellectual Property Have Shaped Modern Sports Equipment

South Africa IP

E

ENS

Western Cape High Court Confirms That Creditors' Resolutions Can Be Set Aside Under Section 387(3) Of The Companies Act

A long dispute between a father and son, which progressed through various courts, culminated in an application focusing on the court's powers under section 387(3) of the old Companies Act.

South Africa Insolvency

E

ENS

Mind The Time Limits | Liquidation Processes

The Supreme Court of Appeal recently considered the matter of Botha NO and Others v Jonker and Others (1003 / 2022) [2024] ZASCA 78.

South Africa Commercial

BI

Barnard Inc.

How Bond Registration Under Section 88 Protect You In Insolvency Situations

Imagine you lend money to someone, securing this loan with a bond on their property. But what if the borrower can't repay and becomes insolvent? This is when Section 88 of South Africa's...

South Africa Insolvency

BI

Barnard Inc.

Labour Court Judgment Sends A Strong Message To Unions And CCMA Commissioners Ahead Of The New Year

In one of the first reportable judgments of 2024, SAA v NUMSA & SACCA, the Labour Court has sent a strong message to Unions which litigate in the Commission for Conciliation, Mediation...

South Africa Insolvency

E

ENS

Insolvency In South Africa: Snapshot 2023

South Africa Insolvency

E

ENS

The Shifting Definition Of Security In The Cryptocurrency Era And The Impact Of The Insolvency Act

South Africa Insolvency

E

ENS

Master Of The High Court Decision: Set Off Overturned But Liquidators Permitted To Disregard Set Off

South Africa Insolvency

E

ENS

Commercial Insolvency Versus Factual Insolvency

South Africa Insolvency

BI

Barnard Inc.

Which Horse Should You Back When Your Company Is In Financial Distress?

South Africa Commercial

BI

Barnard Inc.

The Importance Of A Well-Drafted Security Agreement In Liquidation

South Africa Insolvency

E

ENS

Africa Regulatory ENSight 2022 | 01

South Africa Strategy

E

ENS

Business Rescue: Sooner Rather Than Later — Here's Why

South Africa Insolvency

Tf

Tabacks

The Impact Of Unrest: Financial Reporting And Disclosures

South Africa Government

SG

SNG Grant Thornton

Case Law: SCA Sets A Precedent In The Recovery Of Property Against A Company In Business Rescue

South Africa Insolvency

Tf

Tabacks

Africa Regulatory ENSight 2022 | 01

*Coronavirus (COVID-19) regulatory measures...

South Africa Strategy

E

ENS

Business Rescue: Sooner Rather Than Later — Here's Why

With so many businesses facing financial distress as a consequence of the economic fall out of the past 18 months brought about by the COVID-19 pandemic...

South Africa Insolvency

Tf

Tabacks

The Impact Of Unrest: Financial Reporting And Disclosures

Civil unrest has undoubtedly had an impact on almost all entities either directly or indirectly, it generally heightens our awareness to volatile situations, and highlights the uncertainty...

South Africa Government

SG

SNG Grant Thornton

Case Law: SCA Sets A Precedent In The Recovery Of Property Against A Company In Business Rescue

A recent judgment by the Supreme Court of Appeal, Timasani (Pty) Ltd (in business rescue) and Another v Afrimat Iron Ore (Pty) Ltd [SCA case number 91/2020] has given some much needed guidance...

South Africa Insolvency

Tf

Tabacks

Business Rescue Practitioners Fees Post Application For Winding-Up

South Africa Commercial

Tf

Tabacks

The Moratorium – An Opportunity To Breathe

It is imperative that companies in financial distress prioritise their continued existence and consider business rescue as an alternative to liquidation.

South Africa Commercial

CC

Clyde & Co

Banks-Beware To Advance Funds To Clients Prematurely

When banks advance funds to clients prior to the lodgement of a mortgage bond at the Deeds Office, they must take cognisance of the effect of Section 88 of the Insolvency Act.

South Africa Insolvency

AA

Adams & Adams

When Is Section 34 Of The Insolvency Act Applicable?

When buying a business, the purchaser may approach a bank for finance. The purchaser as well as the financial institution that may finance the transaction need to determine whether compliance with Section 34...

South Africa Insolvency

AA

Adams & Adams

Chief Restructuring Officer – What Role Can It Play?

The state of the SOEs is particularly complex, sensitive and special.

South Africa Insolvency

F

Fasken

The Voluntary Liquidation Of Bosasa

South Africa Insolvency

CD

Cliffe Dekker Hofmeyr

Rehabilitation After Sequestration

South Africa Insolvency

AG

Abrahams & Gross Inc.

Financial Matters Amendment Bill With Amendments To The Insolvency Act Published – Financial Market Participants Have Until Just 8 February To Comment

South Africa Insolvency

E

ENS

The Effect Of Section 131(6) On The Locus Standi Of A Trade Union

South Africa Insolvency

HL

Hogan Lovells

Bill Amending The South African Insolvency Act On OTC Derivatives Published For Comment

South Africa Insolvency

E

ENS

Pooling Of Assets In Rwanda: What Message Does The New Insolvency Law Send To Corporate Groups?

South Africa Insolvency

E

ENS

Mauritius Supreme Court Sheds Some Light On Priority Of Tax Claims In Liquidations

South Africa Tax

E

ENS

Revised Debt Reduction Rules

South Africa Insolvency

E

ENS

Protecting Debtors Under Administration In Uganda From Legal Proceedings By Their Creditors

South Africa Insolvency

E

ENS

When Without Prejudice Isn't

South Africa Litigation

E

ENS

Bad Debts: Effect On Exchange Gains Or Losses

South Africa Insolvency

Pv

Pieter van der Zwan & Associates

Hanjin Shipping - Current Jurisdictional Status And Options - South Africa

South Africa Insolvency

CC

Clyde & Co

Defaulting On Loan Agreement Instalments: When Does A Creditor's Claim Prescribe?

South Africa Litigation

E

ENS

PST Energy Shipping And Product Shipping And Trading SA v. OW Bunker Malta And ING Bank SA (Res Cogitans): The Implications Of The Judgment

South Africa Transport

SW

Shepstone & Wylie

The Just And Equitable Principle Of Winding Up Solvent Companies

South Africa Insolvency

CY

Cox Yeats

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Latest Videos

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Axis As Your Insolvency Partner – Winding Up With Confidence And Clarity (Video)

AF

AXIS Fiduciary Ltd

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