IMPACT OF BUSINESS RESCUE PROCEEDINGS ON SURETIES

INTRODUCTION: Chapter 6 of the Companies Act 71 of 2008 (as amended) (“the Act”) introduced a system for rescue and recovery of financially distressed companies in a manner that seeks to balance the rights and interests of stakeholders. Section 128 of the Act defines...

GROUNDS FOR LIQUIDATION OF A COMPANY

It is known that some creditors of companies may endeavour to do debt collection through liquidation.  This seems to be more prevalent during times of increased economic pressure when cash strapped creditors seek to collect larger debts quicker.  In such cases, the...

FLYING SOLO OR IN A FLOCK?

A big thank you to the RMI 4 Law members for their suggested topics. In a series of articles over the next issues, we will review the various forms of business enterprise available to members. Attention will only be given to relevant forms of enterprise, suitable for...

FACELIFT OF THE FRANCHISE AGREEMENT

Introduction In the past, the natures of franchise agreements were determined only by the contents thereof and the franchisees’ and franchisors’ fates were in the hands of the author of the particular agreement. In many cases, this led to one-sided agreements where...

DOING BUSINESS OVER THE INTERNET

In last month’s issue we gave a brief overview related to a business website which could cause loss, liability and risk for a company and its managers or directors if not managed correctly. In continuation of this topic and in order to further identify corporate...