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Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation
Insolvency systems are fundamental to the functioning of commercial activity. They are essential for the development of credit markets and entrepreneurship, and raise the efficiency level of economies. South Africa’s business rescue regime is an innovative component of its insolvency system because...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2020
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| _version_ | 1867614280583479296 |
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| access_status_str | Open Access |
| author | Radford, Olivia Jordan |
| author2 | Bradstreet, Richard |
| author_browse | Bradstreet, Richard Radford, Olivia Jordan |
| author_facet | Bradstreet, Richard Radford, Olivia Jordan |
| author_sort | Radford, Olivia Jordan |
| collection | Thesis |
| description | Insolvency systems are fundamental to the functioning of commercial activity. They are essential for the development of credit markets and entrepreneurship, and raise the efficiency level of economies. South Africa’s business rescue regime is an innovative component of its insolvency system because it encompasses more than creditors’ commercial interests; it aims to ensure the equitable treatment of multiple stakeholders such that social, economic and political interests are recognised and optimised as appropriate. However, equitable treatment does not equate to equal treatment. Business rescue organises the claims of stakeholders into a hierarchy. The ranking of tax claims within this hierarchy is controversial because various, divergent social, economic and political interests are implicated by a tax claim against an ailing corporation. This dissertation will assess whether tax claims should be granted some priority in South Africa’s business rescue claims hierarchy. The assessment of the different policy arguments for and against this priority will take place through the lens of corporate reorganisation’s values and policy. This is crucial so that the conclusion is consistent with corporate reorganisation’s objectives rather than being influenced by bias in favour of social or commercial interests. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/30866 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:49:32.346Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| 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:11427/30866 Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation Radford, Olivia Jordan Bradstreet, Richard Commercial Law Insolvency systems are fundamental to the functioning of commercial activity. They are essential for the development of credit markets and entrepreneurship, and raise the efficiency level of economies. South Africa’s business rescue regime is an innovative component of its insolvency system because it encompasses more than creditors’ commercial interests; it aims to ensure the equitable treatment of multiple stakeholders such that social, economic and political interests are recognised and optimised as appropriate. However, equitable treatment does not equate to equal treatment. Business rescue organises the claims of stakeholders into a hierarchy. The ranking of tax claims within this hierarchy is controversial because various, divergent social, economic and political interests are implicated by a tax claim against an ailing corporation. This dissertation will assess whether tax claims should be granted some priority in South Africa’s business rescue claims hierarchy. The assessment of the different policy arguments for and against this priority will take place through the lens of corporate reorganisation’s values and policy. This is crucial so that the conclusion is consistent with corporate reorganisation’s objectives rather than being influenced by bias in favour of social or commercial interests. 2020-02-05T07:46:46Z 2020-02-05T07:46:46Z 2019 2020-02-04T12:26:42Z Master Thesis Masters LLM http://hdl.handle.net/11427/30866 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Commercial Law Radford, Olivia Jordan Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation |
| thesis_degree_str | Master's |
| title | Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation |
| title_full | Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation |
| title_fullStr | Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation |
| title_full_unstemmed | Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation |
| title_short | Should tax claims be granted some priority in a business rescue: an analysis through the framework of the values and policy underpinning corporate re-organisation |
| title_sort | should tax claims be granted some priority in a business rescue an analysis through the framework of the values and policy underpinning corporate re organisation |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/30866 |
| work_keys_str_mv | AT radfordoliviajordan shouldtaxclaimsbegrantedsomepriorityinabusinessrescueananalysisthroughtheframeworkofthevaluesandpolicyunderpinningcorporatereorganisation |