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Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings?
The objective of this thesis is to research to what extent do the duties and powers conferred to the business rescue practitioner conflict with that of the directors during the business rescue proceedings since both of them form part of the management of the financially distressed company. In so doi...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2016
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| _version_ | 1867613268421378048 |
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| access_status_str | Open Access |
| author | Kaudeer, Ashirah Bibi |
| author2 | Stoop, Helena |
| author_browse | Kaudeer, Ashirah Bibi Stoop, Helena |
| author_facet | Stoop, Helena Kaudeer, Ashirah Bibi |
| author_sort | Kaudeer, Ashirah Bibi |
| collection | Thesis |
| description | The objective of this thesis is to research to what extent do the duties and powers conferred to the business rescue practitioner conflict with that of the directors during the business rescue proceedings since both of them form part of the management of the financially distressed company. In so doing, an analysis of the South African statutory provisions will be undertaken, followed by a probe into how those provisions can lead to the probable conflicts to be encountered between management and the practitioner, which can in turn considerably affect the effectiveness and success of the corporate reorganisation. In order to be able to find solutions to reduce possible conflicts, a juxtaposed analysis will be made with similarly statutory provisions in Australia, United Kingdom and United States of America. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/20859 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:26.520Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/20859 Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? Kaudeer, Ashirah Bibi Stoop, Helena Commercial Law The objective of this thesis is to research to what extent do the duties and powers conferred to the business rescue practitioner conflict with that of the directors during the business rescue proceedings since both of them form part of the management of the financially distressed company. In so doing, an analysis of the South African statutory provisions will be undertaken, followed by a probe into how those provisions can lead to the probable conflicts to be encountered between management and the practitioner, which can in turn considerably affect the effectiveness and success of the corporate reorganisation. In order to be able to find solutions to reduce possible conflicts, a juxtaposed analysis will be made with similarly statutory provisions in Australia, United Kingdom and United States of America. 2016-07-27T10:24:32Z 2016-07-27T10:24:32Z 2016 Master Thesis Masters LLM http://hdl.handle.net/11427/20859 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Kaudeer, Ashirah Bibi Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? |
| thesis_degree_str | Master's |
| title | Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? |
| title_full | Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? |
| title_fullStr | Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? |
| title_full_unstemmed | Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? |
| title_short | Does the role and duties of the business rescue practitioner as conferred by the South African Companies Act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings? |
| title_sort | does the role and duties of the business rescue practitioner as conferred by the south african companies act 71 of 2008 give rise to conflicts with respect to the powers and duties of directors during business rescue proceedings |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/20859 |
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