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Articles by Haroon Laher
Fasken's 2024 Insolvency Insights
Case Trends Economic challenges continued to strain businesses across sectors and industries, leading to an increase in corporate insolvency filings and resulting in the highest volume of business insolvencies since 2010. This resulted in a number of developments in insolvency across a range of topics, including addressing legal doctrines (corporate attribution and marshalling), dealing with environmental liabilities, further developments regarding reverse vesting orders, and others.
Short Synopsis Of The 2023 Companies Amendment Bills
The Minister of Trade, Industry and Competition has proposed the following amendments to the Companies Act, 2008 by way of the Companies Amendment Bill, 2023 (First Bill) and the Companies Second Amendment Bill, 2023 (Second Bill). A select committee of Parliament was scheduled to consider the Companies Amendment Bills on Tuesday 26 March 2024.
In brief: liquidation and reorganisation processes in South Africa
Types of liquidation and reorganisation processes Voluntary liquidations What are the requirements for a debtor commencing a voluntary liquidation case and what are the effects? A distinction must be drawn between the voluntary winding-up of a solvent company and a voluntary winding-up of an insolvent company by the company’s creditors.
Business Rescue: 10 Years On… (Part 1) - Insolvency/Bankruptcy/Re-structuring - South Africa
South Africa: CRI Series | Business Rescue: 10 Years On… (Part 1) 16 March 2022 by Haroon Laher and Lillian Mello Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The Companies and Intellectual Property Commission (CIPC) issued a Business Rescue Proceedings Report (Business Rescue Report) on business rescue proceedings from its inception on 1 May 2011 to 31 December 2021 – a “ten-year” scorecard.
CRI Series|Business Rescue: 10 years on… (part 1)
South Africa March 14 2022 The Companies and Intellectual Property Commission (CIPC) issued a Business Rescue Proceedings Report (Business Rescue Report) on business rescue proceedings from its inception on 1 May 2011 to 31 December 2021 – a “ten-year” scorecard. It takes stock of how business rescue has developed over that period and whether South Africa has matured as a late entrant into the playing field of corporate restructuring regimes.
New Or Old Companies Act?
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What Role Can It Play?
South Africa: Chief Restructuring Officer – What Role Can It Play? 03 February 2020 Fasken To print this article, all you need is to be registered or login on Mondaq.com. South African state-owned enterprises (SOEs) are coming under tremendous pressure to do something to extricate themselves from their financial woes.
SOEs will fail if chief restructuring officers lack power
SA’s state-owned enterprises (SOEs) are coming under tremendous pressure to extricate themselves from their financial woes. Any kind of bankruptcy event cannot be the answer because of the obvious cross-default impact such a declaration will have on debt and other instruments in the capital markets. It will also be catastrophic for the government’s standing and credit rating.
ANALYSIS: Banks get an early Christmas gift in ruling on business rescue
Banks and other lenders must be breathing a sigh of relief, and celebrating an early "Christmas gift" from the Supreme Court of Appeal. The gift was delivered in Diener NO v Minister of Justice (926/2016) [2017] ZASCA 180 (1 December 2017).
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