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Publications

Published Works

Do arbitration proceedings constitute legal proceedings?

Section 133 of the Companies Act 71 of 2008 provides for a general moratorium on legal proceedings against a company in business rescue. The section states that, during business rescue...

Published Works

Cancellation or suspension of agreements during business rescue

Can a creditor cancel an agreement with a company in business rescue and what is the consequence of a business rescue practitioner suspending an agreement before cancellation?

Hogan Lovells Publications

The abuse of business rescue: Beware the serial debtor

The advent of the new Companies Act 71 of 2008 (the Act) brought with it a shift from a creditor-protectionist society towards a business rescue model that is debtor-protectionist. In...

Hogan Lovells Publications

A constitutional challenge on the statutory notification provisions of the Insolvency Act: Investec Bank Limited v Stratford and Others

On 2 September 2014 the Constitutional Court heard an appeal against a final order of sequestration granted by the High Court of South Africa (Western Cape High Court) on 14 August 2013...

Hogan Lovells Publications

The effects of publication of a voluntary surrender notice – Abuse of process vs the law

In recent years it appears to have become a common trend for distressed homeowners to publish voluntary surrender notices as a stratagem to stay execution proceedings instituted by...

Hogan Lovells Publications

New policy on the appointment of insolvency practitioners – could this be a turning point in the South African insolvency industry?

The Minister of Justice and Constitutional Development (the Minister) has recently determined a policy on the appointment of insolvency practitioners, which was published in the Government...

Published Works

Getting your own back: EFTs and mistaken transfers

Hogan Lovells Publications

French Legal and Regulatory Newsletter French Legal and Regulatory Newsletter

The Paris office of Hogan Lovells is pleased to provide an overview of the main French and EU legal and regulatory developments from the past month.

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