Post-Commencement Creditors’ Voting Rights in Business Rescue Proceedings – Why Does It Matter?
In a landmark decision, the Supreme Court of Appeal (“SCA”) recently addressed a pivotal issue in company law – whether post-commencement creditors are entitled to vote on a business rescue plan. Business rescue, unlike its predecessor, judicial...
Directors Serve the Best Interests of the Company – The Importance of Directors Duties
Introduction As a business owner or entrepreneur, understanding the legal landscape is crucial for the success and sustainability of your business. One of the key areas to be aware of is the legal duties of directors. The recent Supreme Court of Appeal...
Guiding Employers through the Legal Requirements for Transferring Employees in Business Sales or Mergers
When a business is transferred as a going concern, the new employer automatically steps into the shoes of the old employer with respect to all existing employment contracts. Section 197 of the Labour Relations Act 66 of 1995 as amended (“LRA”) aims to protect...
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