CRS Business Rescue
In-depth analysis of the business rescue provisions contained in Chapter 6 of the Companies Act No. 71 of 2008

Business rescue legislation

South Africa's new business rescue legislation is contained in Chapter 6 of the Companies Act No. 71 of 2008 and Chapter 6 of the Companies Amendment Bill, 2010.

Sections 128 to 155 are listed in the menu on the left under the following headings:

  • Part A: Business rescue proceedings.
  • Part B: Practitioner’s functions and terms of appointment.
  • Part C: Rights of affected persons during business rescue proceedings.
  • Part D: Development and approval of business rescue plan.
  • Part E: Compromise with creditors.
  • Legal references cited by Chapter 6.

The purpose of this section is to:

  • List each section of the new business rescue legislation - first the Act and then the Amendment Bill.
  • Provide information on the interpretation of each section - to be populated soon..
  • Provide an interactive forum, per section, for discussion and debate to enable a wider understanding of legal and practical aspects of business rescue.
 


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Business rescue legislation

Legal references cited by Chapter 6


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Business rescue legislation documents

Business rescue provisions in Chapter 6 of the Companies Act No. 71 of 2008 pdf (772k).

Business rescue provisions in Chapter 6 of the Companies Amendment Bill, 2010 pdf (144k)

Companies Act No. 71 of 2008 pdf (772k).

Companies Amendment Bill, 2010 pdf (1 320k).

Companies Act No. 71 of 2008 - issues for rectification pdf (38k).