SHAREHOLDER DEADLOCK IN SOUTH AFRICAN COMPANY LAW: WHEN COURTS MAY ORDER THE WINDING-UP OF A SOLVENT COMPANY Introduction Disputes between shareholders are a common feature of corporate life. While shareholders’ agreements and memoranda of incorporation are designed to regulate decision-making and prevent disputes from paralysing a company, they do not always succeed in resolving fundamental...Read More

Background on business rescue Business rescue is a mechanism provided for in terms of the Companies Act 71 of 2008 (“the Companies Act”) which is aimed at facilitating the rehabilitation of a company that is financially distressed. The essense of business rescue is to assist a financially distressed company through the reorganisation and restructuring of...Read More