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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
2022
2021
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
Newsletters
2022
2021
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 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.
Corporate Debt, Turnaround & Restructuring News
More newsSARS 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.
Insolvency: The battle between applicant and intervening creditors
At its best, the law of insolvency is a constant battlefield, with competing interests of creditors taking centre stage. No more so than in a situation where there are intervening creditors in a liquidationapplication.
To institute or not to institute liquidation proceedings (that is the question)
It is a well-established principle in our law that insolvency/liquidation proceedings are not meant to be used for the recovery of a debt – the courts regard this as an abuse of (legal) process. Rather, the purpose of insolvency proceedings, as per Trengove AJ in Investec Bank Ltd and Another v Mutemeri and Another (O9/22247) ZAGPJHC 64 is “ to bring about a convergence of the claims in an insolvent estate to ensure that it is wound up in an orderly fashion and that creditors are treated equally ”.
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
"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