Business rescue in South Africa: a procedure in search of a home?

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Periodical article

Title:	Business rescue in South Africa: a procedure in search of a home?
Author:	Loubser, Anneli
Year:	2007
Periodical:	The Comparative and International Law Journal of Southern Africa
Volume:	40
Issue:	1
Pages:	152-171
Language:	English
Geographic term:	South Africa
Subjects:	bankruptcy company law
Abstract:	There is general consensus that judicial management, South Africa's statutory corporate rescue procedure, must either be reformed or replaced because it is not functioning properly. However, there is no consensus on the specific statute in which a revamped rescue procedure should be contained, within an Insolvency Act, a Companies Act, or an entirely separate Act. This article examines the various possibilities, and the consequences that the choice of legislation in which to house a rescue procedure, may have. A number of other legal systems are compared to establish where their business rescue procedures are located and whether one of these jurisdictions offers a solution to the dilemma facing South Africa. Notes, ref., sum. [Journal abstract]