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.

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

In the ever-busy world of property transfers, the path from seller to buyer is rarely a straight line.

South Africa Insolvency

E

ENS

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

The ongoing business rescue proceedings of Mango Airlines (Pty) Ltd ("Mango") have raised key legal considerations surrounding the cession of creditor claims during corporate restructurings.

South Africa Commercial

BI

Barnard Inc.

Locking In Certainty: Why Sophisticated Creditors Prefer Guarantees Over Suretyships

Credit heads and in-house counsel often default to "surety/guarantee" language in facility letters, assuming the two offer equal comfort.

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 Wertheim Becker

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

South Africa Insolvency

FW

Fairbridges Wertheim Becker

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

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

South Africa Insolvency

E

ENS

Mind The Time Limits | Liquidation Processes

South Africa Commercial

BI

Barnard Inc.

How Bond Registration Under Section 88 Protect You In Insolvency Situations

South Africa Insolvency

BI

Barnard Inc.

The AI Trade Secret Tug-of-war

South Africa IP

E

ENS

Will October 2025 See The End Of South Africa's Greylisting Headache?

South Africa Government

E

ENS

South Africa's Parental Leave Reform In Progress - All Parents - Biological, Adoptive, And Commissioning Are Now Entitled To Parental Leave

South Africa Employment

F

Fasken

When Luxury Meets Legacy: The Prada-Kolhapuri Dispute And The Limits Of GIs, Trade Marks And Cultural IP

South Africa IP

E

ENS

Mergers & Acquisitions In The Food Industry: Legal Trends And Considerations

South Africa Commercial

WW

Webber Wentzel

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

This brief snapshot of different insolvency-related topics highlights trending issues that our experts have observed and follow closely as they may have an impact on the insolvency realm within Africa.

South Africa Insolvency

E

ENS

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

In the case of Bester N.O & Others v Mirror Trading International Proprietary Limited (in liquidation) t/a MTI, the Western Cape Division of the High Court considered whether cryptocurrencies...

South Africa Insolvency

E

ENS

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

In NSP Unsgaard (Pty) Ltd v Master of the High Court, Cape Town and Another, the applicant, NSP Unsgaard (Pty) Ltd sought to review and set aside a decision of the first respondent...

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

Business Rescue Practitioners Fees Post Application For Winding-Up

South Africa Commercial

Tf

Tabacks

What To Do When The Liquidator Comes Knocking…

South Africa Insolvency

SI

SchoemanLaw Inc.

Restructuring Quarterly Bulletin

Worldwide Insolvency

B

Bowmans

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

Case Note: Montic Dairy (Pty) Ltd and Others v Mazars Recovery and Structuring (Pty) Ltd and Others (7523/19) [2021] ZAWCHC 20 (10 February 2021)...

South Africa Commercial

Tf

Tabacks

What To Do When The Liquidator Comes Knocking…

If you are approached by a liquidator wishing to claim back money paid to you by a provisionally liquidated business, what are your options?

South Africa Insolvency

SI

SchoemanLaw Inc.

Restructuring Quarterly Bulletin

The year 2020 was not business as usual as the outbreak of the new COVID-19 virus disrupted and tested the resilience of global economies, health systems, supply chains, industries and businesses.

Worldwide Insolvency

B

Bowmans

"Promotions" In The Context Of Retrenchment Proceedings

South Africa Employment

E

ENS

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

Kylene Weyers, Senior Associate in the Dispute Resolution practice joined Smile FM to discuss the voluntary liquidation of Bosasa and the SCA judgment which ...

South Africa Insolvency

CD

Cliffe Dekker Hofmeyr

Rehabilitation After Sequestration

An insolvent is automatically rehabilitated 10 years from date of sequestration of their estate.

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

On 1 February 2019, the South African Minister of Finance published the Financial Matters Amendment Bill (the "Bill") containing a long-awaited amendment to section 83 of the Insolvency Act, 1936.

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

The Liability Of Shareholders For The Tax Debts Of A Company

South Africa Tax

E

ENS

SCA Sets Aside Dispositions Resulting In Creditors Getting 70c In The Rand

South Africa Insolvency

E

ENS

Managing Risk Under Intellectual Property Licences

South Africa IP

E

ENS

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