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Business Rescue, Restructuring & Insolvency
In CDH’s insolvency division, we are mindful of the complexities of the business environment in which our clients operate. We understand the need to balance the requirement for adequate security with the pragmatic realities around commercial transactions.
The business rescue process introduced in the new Companies Act, No 71 of 2008 allows some breathing space to companies facing financial distress. The new procedures allow a business rescue practitioner to step in and keep the company operating, either to return the company to profitable ways or to ensure a better return for creditors than they would receive in the case of liquidation.
Our focus is on guiding our clients to make the right decisions at the right time. We can help you proactively manage the process, decrease legal risk and financial exposure and explore the available options.
Our services include:
- Managing financial corporate overexposure and debt restructuring.
- Obtaining adequate and enforceable security.
- Liquidation proceedings and sequestration.
- Compromises.
- Business rescue.
- The administration of insolvent estates.
- Cross-border insolvency.
- Recovery action.
- Impeachable transactions.
- Directors' personal liability.
- Forensic investigations.
- Preservation orders.
- Insolvency inquiries.
- Creditors' meetings and proof of claims.
- Training seminars on business rescue proceedings in the new Companies Act.
- Perfection of Notarial Bonds.
2022
2021
Services
The business rescue process introduced in the new Companies Act, No 71 of 2008 allows some breathing space to companies facing financial distress. The new procedures allow a business rescue practitioner to step in and keep the company operating, either to return the company to profitable ways or to ensure a better return for creditors than they would receive in the case of liquidation.
Our focus is on guiding our clients to make the right decisions at the right time. We can help you proactively manage the process, decrease legal risk and financial exposure and explore the available options.
Our services include:
- Managing financial corporate overexposure and debt restructuring.
- Obtaining adequate and enforceable security.
- Liquidation proceedings and sequestration.
- Compromises.
- Business rescue.
- The administration of insolvent estates.
- Cross-border insolvency.
- Recovery action.
- Impeachable transactions.
- Directors' personal liability.
- Forensic investigations.
- Preservation orders.
- Insolvency inquiries.
- Creditors' meetings and proof of claims.
- Training seminars on business rescue proceedings in the new Companies Act.
- Perfection of Notarial Bonds.
Newsletters
2022
2021
Business Rescue, Restructuring & Insolvency Lawyers
Our Business Rescue, Restructuring & Insolvency 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 Business Rescue, Restructuring & Insolvency LawyersOur Work
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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.
Business Rescue, Restructuring & Insolvency News
More newsCDH South Africa appoints respected lawyer, Nastascha Harduth, to head up its Business Rescue, Restructuring & Insolvency sector
Cliffe Dekker Hofmeyr (CDH), a leading corporate and commercial law firm, is delighted to announce the appointment of Chambers rated Restructuring and Insolvency lawyer, Nastascha Harduth as Head of our Business Rescue, Restructuring & Insolvency sector. Nastascha’s interest lies in complex restructuring and insolvency mandates, as well as corporate and commercial dispute resolution, litigation, and debt recovery.
What’s wrong with business rescue?
According to recent Statistics South Africa (Stats SA) data, there has been a rise in company closures, with liquidations increasing by 14,3% in April 2024, when compared to April 2023. Further, according to the Fitch Ratings forecast of real gross domestic product growth, we will see an increase of only 0,9% in 2024 and at best 1,3% in 2025. Against this backdrop, and given our social, economic and political landscape, organisations in South Africa face real challenges, and business distress can beexpected.
Understanding the history and significance of business rescue in SA
Belinda Scriba, Director in the Dispute Resolution practice joined Aviwe Mtila on eNCA where she discussed Understanding the history and significance of business rescue in SA.
Market recognition
- Chambers Global 2018 - 2024 ranked us in Band 2 for restructuring/insolvency.
![](/export/system/modules/za.co.heliosdesign.cdh/resources/images/backgrounds/recognition-bg.jpg)
Market recognition
- Chambers Global 2018 - 2024 ranked us in Band 2 for restructuring/insolvency.
Happy Clients
![Chambers Global 2023](/export/sites/cdh/images/awards/chambers-global-2023.png)
"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