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dc.contributor.advisorSubramanien, Darren Cavell.
dc.contributor.advisorBadul, Chantal.
dc.creatorXaba, Ntombikhona Thandeka.
dc.date.accessioned2019-11-06T08:20:22Z
dc.date.available2019-11-06T08:20:22Z
dc.date.created2018
dc.date.issued2018
dc.identifier.urihttps://researchspace.ukzn.ac.za/handle/10413/16525
dc.descriptionMaster of Laws in Business Law. University of KwaZulu-Natal, Pietermaritzburg, 2018.en_US
dc.description.abstractUpon the recognition that the implementation of the judicial management process would not be the success that it was anticipated it would be, it became apparent that there was need for a system of corporate rescue appropriate to the needs of a modern South African economy. The legislature then introduced a new business rescue regime when the Companies Act 71 of 20082 (the Act) came into effect in the South African law. This new Act remarkably changed corporate law. One of the central features of the Act is the introduction of business rescue- a procedure which provides for the rehabilitation of financially distressed companies in a manner that seeks to balance the rights of all stakeholders. These provisions are said to be the appropriate method for modern South African economy and they differently affect the stakeholders of a company. This thesis will be discussing the different rights given to affected persons in the new Companies Act and examine how the provisions of business rescue affect different stakeholders of the company and compare such effects with those experienced under judicial management, specifically in light of the improvements of the positions of the stakeholders. Although the new business rescue is a remarkable improvement from the old judicial management system, there is still room for improvement.en_US
dc.language.isoenen_US
dc.subject.otherJudicial management.en_US
dc.subject.otherBusiness rescue.en_US
dc.subject.otherSouth African company law.en_US
dc.subject.otherCompanies Act 71 of 2008.en_US
dc.subject.otherCompany stakeholders.en_US
dc.titleThe effects of business rescue on the companies’ stakeholders : a comparative analysis between business rescue and judicial management.en_US
dc.typeThesisen_US


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