Subramanien, Darren Cavell.Bagwandeen, Kiren Kesh.2019-07-062019-07-062018https://researchspace.ukzn.ac.za/handle/10413/16340Master of Laws in Business Law. University of KwaZulu-Natal. Pietermaritzburg, 2018.Almost eight years after the enactment of the business rescue regime under the Companies Act 71 of 2008, and a plethora of judgments which have probed and prodded its provisions, it is an opportune time to ascertain whether the business rescue regime is an effective corporate rescue mechanism suitable to the modern day demands of the South African economy. In the current economic downturn, South Africa can ill afford a repeat show of the failed judicial management system. It requires a modern and effective corporate rescue mechanism that can be utilised in appropriate circumstances as a viable alternative and not merely a precursor to liquidation. This dissertation seeks to provide a critical analysis of the effectiveness of the business rescue regime to ascertain its worthiness as a corporate rescue mechanism.enCompanies Act 71 of 2008.Corporation law--South Africa.Business failures--Law and legislation--South Africa.Bankruptcy--South Africa.Business rescue.Corporate rescue mechanism.Companies Act 71 of 2008.Liquidation.Ailing companies.A critical analysis of the effectiveness of the business rescue regime as a mechanism for corporate rescue.Thesis