Does the role of a business rescue practitioner necessitate the imposition of fiduciary duties and liabilities to the same degree as directors of a company?
| dc.contributor.author | Tampson, arryn Jamie | |
| dc.contributor.supervisor | Thambi, Kiyasha | |
| dc.date.accessioned | 2024-06-27T12:50:19Z | |
| dc.date.available | 2024-06-27T12:50:19Z | |
| dc.date.issued | 2022 | |
| dc.description | A research report submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg, 2022 | |
| dc.description.abstract | Business rescue practice is a legislative mechanism in terms of Chapter 6 of the Companies Act 71 of 2008 (“the Act”), aimed at rehabilitating failing companies. Business rescue proceedings (“proceedings”) are defined as the ‘[facilitation of the] rehabilitation of a company that is financially distressed’.1 This is achieved through the temporary supervision of the company by the business rescue practitioner (“practitioner”), as well as a temporary moratorium on the rights of claimants. The goals of business rescue proceedings are to either rehabilitate the company to operate on a solvent basis, or to secure a better return for creditors upon the company’s liquidation.2 The ultimate manner of rehabilitation of a company is set out in the business rescue plan drafted by the practitioner and voted on by affected parties3 as envisaged in the Act | |
| dc.description.submitter | MM2024 | |
| dc.faculty | Faculty of Commerce, Law and Management | |
| dc.identifier.uri | https://hdl.handle.net/10539/38770 | |
| dc.language.iso | en | |
| dc.publisher | University of the Witwatersrand, Johannesburg | |
| dc.rights | © 2023 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg. | |
| dc.rights.holder | University of the Witwatersrand, Johannesburg | |
| dc.school | School of Law | |
| dc.subject | Liability | |
| dc.subject | Business Rescue Practitioner | |
| dc.subject | Fiduciary Duties of Business Rescue Practitioner | |
| dc.subject | Business Rescue | |
| dc.subject | UCTD | |
| dc.subject.other | SDG-8: Decent work and economic growth | |
| dc.title | Does the role of a business rescue practitioner necessitate the imposition of fiduciary duties and liabilities to the same degree as directors of a company? | |
| dc.type | Dissertation |