n Without Prejudice - The problem of compelling shareholders to approve business rescue plans

Volume 14, Issue 4
  • ISSN : 1681-178X



With the recent conflicting decisions handed down in 2013 (6) SA 471 and 2014 (1) SA 103, the courts have adopted a varied approach regarding whether or not, in pursuing a business rescue plan, the creditors and/or shareholders who vote against prospective business plans can be compelled to accept the plan on the basis that the creditors' voting interests are acquired through a binding offer.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error