Full text loading...
n Without Prejudice - Better returns for creditors - business rescue : company law
Three material conceptual issues that have emerged to date in the case law under the Companies Act, 2008 are:
- The legal implications and effects of the deregistration and re-registration of companies and close corporations.
- The question of whether an inability to pay debts is still a stand-alone ground for the winding up of companies and close corporations by a court; and
- Whether there is a so-called "alternative" or "secondary" object of business rescue under Chapter 6, namely a better return for creditors and shareholders (even if the company cannot be rescued).
Article metrics loading...