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Creditor Voting Rights During Business Rescue in Terms of the South African Companies Act 71 Of 2008

Business Continuity Banking & Finance

Chapter 6 of the South African Companies Act 71 of 2008 (the “Companies Act”) deals with a process referred to under South African law as “business rescue”, aimed at the...Read more

Stef du Plessis

Specialist In-house Legal Counsel, Corporate and Investment Banking, a division of The Standard Bank of South Africa Limited, South Africa

Interpreting Business Rescue Provisions of the South African Companies Act 71 of 2008: Secured Pre-Commencement Finance Versus Post-Commencement Finance

Regulation Banking & Finance

The South African Companies Act provides for a business rescue process. A current interpretational issue relates to the ranking of claims of creditors who provided secured Pre-commencement Finance in relation...Read more