<p.South Africa lacks an efficient regulatory environment that promotes business rescue. The fact that the introduction of a regulatory environment with modern business rescue principles will be a step forward in making South Africa more competitive and bringing it in line with the modern global economy makes the topic pertinent from both a political and business perspective.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. / Dissertation (MBA)--University of Pretoria, 2010. / Gordon Institute of Business Science (GIBS) / unrestricted
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/23946 |
| Date | 13 April 2010 |
| Creators | Alberts, Marius |
| Contributors | Mr C Jonker, upetd@up.ac.za |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Dissertation |
| Rights | © 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. |
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