Overview

Business rescue proceedings have been an integral part of the South African legal and restructuring landscape for more than a decade. Since its inception, business rescue has served as an effective means through which financially distressed companies could be rehabilitated and restructured, by way of a formal restructuring process.

Given the current economic climate, business rescue proceedings have become more relevant than ever - with many stakeholders considering business rescue as a viable option for companies teetering on the brink of insolvency and in need of a fresh start.

All legal practitioners will undoubtedly encounter business rescue at some level or another. As such, gaining an understanding of the business rescue process is essential for all legal practitioners. It must be noted that business rescue is a specialist area, and Chapter 6 of the Companies Act 71 of 2008, which deals with business rescue, is complex and requires thorough analysis before one can properly understand and advise on the business rescue process.

Join Dr Eric Levenstein, Lauren Becker and Nastascha Harduth on the 25th of May 2022 from 10:00 am to 12:00 pm where they will unpack the basics of the business rescue process, with the aim of providing a good foundational understanding of, amongst others, the key concepts of business rescue, the relevant sections of the Companies Act and the latest case law developments.

Learning objectives

By the end of this webinar you should:

• Be equipped with the necessary foundational knowledge to advise clients on the processes of business rescue.

• Be aware of the various statutory duties and responsibilities placed on boards of directors and business rescue practitioners, in terms of the Companies Act.

• Understand how to advise and protect the interests of directors, creditors, shareholders or employees of a company in financial distress.

• Have a basic understanding of and practically apply the provisions of the Companies Act pertaining to certain legal aspects of business rescue.

About the presenters

Dr Eric Levenstein  

Eric Levenstein has been a director of Werksmans Attorneys since 1993 and is the head of the firm’s Insolvency, Business Rescue & Restructuring practice. He specialises in litigation and dispute resolution with a particular focus on business rescue, insolvency and restructuring, banking and finance, and corporate recovery of debt. His expertise extends to director liability issues. He regularly delivers seminars and writes for various publications on these topics among others. He is the Chairperson of the South African Restructuring & Insolvency Practitioners Association (SARIPA) and sits on the board of INSOL International, a worldwide group of insolvency practitioners. Eric has BCom and LLB degrees, Higher Diplomas in Company Law and Tax, a Diploma in Insolvency Law, and a Doctorate of Laws in Business Rescue.

Nastascha Harduth  

Nastascha Harduth is a director and has been with Werksmans since 2008. She was admitted in 2010, and has been a director within the firm’s Insolvency, Business Rescue and Restructuring practice since 2014.  Her legal practice focusses on business rescue and restructuring matters, but she has wide ranging experience in corporate insolvencies, dispute resolution and commercial litigation, as well as corporate debt recoveries.  Nastascha often advises on the duties and responsibilities of directors, the risk of incurring personal liability, and how to mitigate it. Her experience extends well beyond the South African jurisdiction, and includes cross-border experience in the United States of America, Mauritius, Seychelles, Zambia, Botswana and Lesotho. Nastascha Harduth regularly writes for various publications and contributes to the media. She is a member of the South African Restructuring and Insolvency Practitioners Association (SARIPA) and is a fellow of INSOL International. 

Lauren Becker  

Lauren Becker advises in the Insolvency, Business Rescue & Restructuring practice area. A Director since 2016, Lauren holds a BA (cum laude) and an LLB (cum laude), both from the University of the Witwatersrand; and has completed the Advanced Course in Business Rescue (2013) [Law Society, LEAD & UNISA] and the Certificate Course in Advanced Company Law (2014) [Law Society, LEAD & UNISA]. Lauren Becker is a member of the South African Restructuring and Insolvency Practitioners Association (SARIPA) and has been recognised as an Upcoming Lawyer by Chambers Global.

Who should attend? 

Legal practitioners who regularly advise on legal matters within the commercial sphere will benefit from attending this webinar.

Price 

• R 450.00  per person

Steps to register for the event

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Additional material 

By attending this webinar you will be provided with: 

• A summarised slide presentation. 

• Reference documents:  

• You can ask questions during the webinar and you will also have access to the presenter after the webinar.