BUSINESS RESCUE PRACTITIONERS: LICENCE SUSPENSION/REVOCATION GROUNDS GAZETTED

On behalf of the Companies & Intellectual Property Commission, the Department of Trade, Industry & Competition has gazetted a notice prescribing grounds for the suspension or revocation of a business rescue practitioner’s licence. This with the aim of curtailing ‘abuse of the business rescue process and entities in financial distress’.

To that end, the notice makes:

  • incompetence and ‘failure to exercise the proper degree of care’ grounds for the suspension, and
  • makes the following grounds for revocation:
    • illegal acts or conduct
    • being placed under probation or disqualified through an order of court
    • being incapacitated and unlikely to recover ‘within a reasonable time’, and
    • incompetence.

In the case of a licence suspension, provision is made for imposing corrective measures.

Where a licence is revoked, the notice includes information on timeframes and re-application procedures.

Published by SA Legal Academy Policy Watch

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