A Critical analysis of section 129 of the companies act 71 of 2008
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Date
2017
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Publisher
University of the Western Cape
Abstract
A company forms an important part of a community in which it conducts business. It,
therefore, has a direct impact on the economic and thus the social well-being of that
community through its employees, suppliers and distributors. Consequently, the failure
of a company has a large effect on society than merely its employees and creditors. In
some instances this may lead to companies being liquidated. Granting an order of
liquidation, results in the demise of the corporate entity and the attendant loss of jobs.
This is further protracted by an unsatisfactory pro rata share in the residue for
unsecured creditors, and the abandonment of claims when such are not proved.
Having a corporate rescue procedure in place can prevent or even limit the amount of
job losses, or provide an alternative measure as opposed to liquidation of companies.
Corporate rescue affords a company a second chance, after having once failed, to
restructure its financial affairs and once again become a successful concern.
Description
Magister Legum - LLM (Mercantile and Labour Law)