Is business rescue a good thing?

Business rescue offers a very useful alternative to the liquidation or winding-up of a company. the company will be able to pay all of its debts as they become due and payable within the immediately ensuing six months; or. the company will become insolvent within the immediately ensuing six months.

Why do companies go into business rescue?

The aim of business rescue is to restructure the affairs of a company in such a way that either maximises the likelihood of the company continuing in existence on a solvent basis or results in a better return for the creditors of the company than would ordinarily result from the liquidation of the company (section 128( …

Is it possible to rescue a company?

It is always the hope that business recovery is possible, but the reality is that sometimes companies cannot be rescued. In these cases, liquidation may be the best or only option. To obtain an independent and professional judgement on your company’s financial position, call one of the team at Real Business Rescue.

What is business rescue South Africa?

Business rescue, as defined by the Companies Act 2008, aims to facilitate the rehabilitation of a company that is “financially distressed” by providing for: the temporary supervision of the company and management of its affairs, business and property by a business rescue practitioner, a temporary moratorium (“stay”) on …

What does business rescue mean for employees?

Employees of a company that is placed into business rescue remain employed and remain entitled to protection from unfair dismissal, unfair labour practice and other rights guaranteed by the Labour Relations Act. Additionally, all other labour laws and protections remain in full effect.

What are the disadvantages of business rescue?

Possibly the only unfavourable effect of business rescue proceedings would be the negative publicity and perceptions the company would receive, particularly from financial institutions. The company might have their facilities suspended or be refused post-commencement finance.

What are the consequences of business rescue?

The most important consequence of the commencement of business rescue proceedings is that there is an automatic moratorium on legal proceedings or executions against the company, its property and its assets, and on the exercise of rights by creditors of the company (Section 133 of the Act).

How do I get my company money back from liquidation?

Initially, you should contact the appointed liquidator and let them know the company owes you money. The liquidator will send you a ‘proof of debt’ form to complete, which includes such details as how much money is owed, how the debt was incurred, and whether you hold any security.

What happens when a company goes out of business and owes you money?

If a company goes bankrupt and owes you money, you will receive a notice from the bankruptcy court detailing the action. That notice will include instructions for filing a proof of claim. To receive notice of bankruptcy and a proof of claim form, the business that is declaring bankruptcy must list you as a creditor.

Who gets paid first in business rescue?

Payment to Employees and Creditors Paying the money must occur in the order of preference set out in Section 135(3)(a) of the Companies Act. To summarise: Payment first goes towards the practitioner’s salary and expenses. It also goes to other professionals providing service during the process, such as accountants.

What are the advantages of business rescue over winding up of a company?

Business Rescue May Provide a Better Return for Creditors If successful, creditors can make a greater return on any outstanding debts. Insolvency also typically has poor returns on debts for a company. This improved return follows a realisation of effective company asset utilisation.

What is the difference between business rescue and liquidation?

Business rescue results in a recovery for the business, whilst liquidation results in the demise of the business. The purpose of liquidation proceedings is to dispose of the assets of the company and pay whatever proceeds might become available to the creditors of the business by means of a legal order of preference.

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