Corporate Debt, Turnaround & Restructuring

Our seasoned team of lawyers in the Corporate Debt, Turnaround & Restructuring sector has deep experience in supporting companies, wherever they may find themselves along the distress and recovery curve.

We also act for and support the stakeholders (particularly shareholders, investors, creditors, employees and regulators) of these companies.

Our service is comprehensive and tailored to all aspects of corporate debt recoveries, informal business turnarounds and formal restructurings. We understand the legal and regulatory landscape, and can advise on:

Corporate Debt

  • Recovery of debts (including perfection of security)
  • Forensic Investigations
  • Protective orders
  • Insolvency Enquiries
  • Piercing the corporate veil
  • Cross-border recognition proceedings

Turnaround (informal process)

  • Business Optimisation
  • Structural and operational reorganisation
  • Capital restructuring
  • Advising on risks
  • Crisis stabilisation
  • Stakeholder management
  • Board/shareholder deadlocks
  • Distressed M&A

Restructuring (formal process)

  • Compromises
  • Business rescue
  • Liquidation and sequestration proceedings
  • Cross-border insolvency and recognition proceedings

Services

Our service is comprehensive and tailored to all aspects of corporate debt recoveries, informal business turnarounds and formal restructurings. We understand the legal and regulatory landscape, and can advise on:

Corporate Debt

  • Recovery of debts (including perfection of security)
  • Forensic Investigations
  • Protective orders
  • Insolvency Enquiries
  • Piercing the corporate veil
  • Cross-border recognition proceedings

Turnaround (informal process)

  • Business Optimisation
  • Structural and operational reorganisation
  • Capital restructuring
  • Advising on risks
  • Crisis stabilisation
  • Stakeholder management
  • Board/shareholder deadlocks
  • Distressed M&A

Restructuring (formal process)

  • Compromises
  • Business rescue
  • Liquidation and sequestration proceedings
  • Cross-border insolvency and recognition proceedings

Corporate Debt, Turnaround & Restructuring Lawyers

Our Corporate Debt, Turnaround & Restructuring team provides strategy advice to boards of directors where the company is financially distressed, to ensure that the directors do not fall foul of their obligations in terms of the Company’s Act.

Our Corporate Debt, Turnaround & Restructuring Lawyers

Our Work

All

Shadow Careers

Cliffe Dekker Hofmeyr is representing Shadow Careers, the South Africa-based innovative impact sourcing initiative in response to the high youth unemployment.  Our South Africa-based restructuring & insolvency team is advising Shadow Careers and Shadow Academy Global NPC on a liquidation application which was brought on an urgent basis.  The first applicant, Edwin Jacques Pietersen, was a director of Shadow Careers and still is a director of Shadow Academy.  The second applicant, Greenchild Project, was a service provider for Shadow Careers.

Our Work

Shadow Careers

Cliffe Dekker Hofmeyr is representing Shadow Careers, the South Africa-based innovative impact sourcing initiative in response to the high youth unemployment.  Our South Africa-based restructuring & insolvency team is advising Shadow Careers and Shadow Academy Global NPC on a liquidation application which was brought on an urgent basis.  The first applicant, Edwin Jacques Pietersen, was a director of Shadow Careers and still is a director of Shadow Academy.  The second applicant, Greenchild Project, was a service provider for Shadow Careers.

Corporate Debt, Turnaround & Restructuring News

More news

SARS and the business rescue practitioners and business rescue scenarios

Lucinde Rhoodie and Belinda Scriba in the Corporate Debt, Turnaround & Restructuring sector recorded an episode of CDH Conversations on Monday, 21 October 2024, where they spoke about the ongoing battle between South African Revenue Service (SARS) and the business rescue practitioners and business rescue scenarios.

Derisking deglobalisation for SA business success

The reduction of global trade bookended by the two world wars was followed by 60 years of increased globalisation – including a period of hyper-globalisation from 1990 to 2008. After the infamous 2008 financial crisis, we faced trade wars, a disenfranchised middle class in developed economies and an over-reliance on trade with single partners – we walked into a period of relatively stagnant “ slowbalisation ”.

Implications for creditors in light of Van Zyl v Auto Commodities (Pty) Ltd revisited: Understanding sections 154(1) and 154(2) of the South African Companies Act 71 of 2008

The South African Companies Act 71 of 2008 (Companies Act) provides a framework for business rescue proceedings, aimed at rehabilitating financially distressed companies. Sections 154(1) and 154(2) of the act are particularly significant as they address the consequences of a business rescue plan for creditors’ claims. The case of Van Zyl v Auto Commodities (Pty) Ltd (ZASCA 67) offers valuable insights into the interpretation and application of these provisions, especially concerning the liability of sureties.

Market recognition

  • Chambers Global 2018 - 2024 ranked us in Band 2 for restructuring/insolvency.

 

Market recognition

  • Chambers Global 2018 - 2024 ranked us in Band 2 for restructuring/insolvency.

 

Happy Clients

Chambers Global 2023

"The team were extremely responsive and commercially minded. Their strengths include effective teamwork and mindfulness of costs. They worked under very tight timelines and never once let me down."

Chambers Global 2023

The strength of the CDH team definitely lies in their sound knowledge and understanding of the law," explained one source, also praising the group's "strategic approach."

Chambers Global 2022