Description

MCL5903 Assignment 1 Memo | Due 6 May 2025. All questions fully answered. 
Question 1
1. Discuss the legal framework governing business rescue proceedings under South African
company law.
Question 2
2. Explain the meaning and legal interpretation of the term “reasonable prospect” in the context
of a business rescue application.
Question 3
3. Critically evaluate the difference between commercial and factual insolvency in the context of
liquidation proceedings.
Question 4
4. Analyse the requirements and process for launching a business rescue application in terms of
section 131(1) of the Companies Act 71 of 2008.
Question 5
5. Compare the purposes and consequences of business rescue versus liquidation under South
African company law.
Question 6
6. Discuss the relevance of court judgments such as Oakdene and Southern Palace in shaping
the business rescue jurisprudence in South Africa.
Question 7
7. Evaluate the role of creditors and auditors in influencing the outcome of business rescue and
winding-up applications.
Question 8
8. Suggest legal and strategic remedies available to companies in financial distress under South
African law.

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Description

MCL5903 Assignment 1 Memo | Due 6 May 2025. All questions fully answered. 
Question 1
1. Discuss the legal framework governing business rescue proceedings under South African
company law.
Question 2
2. Explain the meaning and legal interpretation of the term “reasonable prospect” in the context
of a business rescue application.
Question 3
3. Critically evaluate the difference between commercial and factual insolvency in the context of
liquidation proceedings.
Question 4
4. Analyse the requirements and process for launching a business rescue application in terms of
section 131(1) of the Companies Act 71 of 2008.
Question 5
5. Compare the purposes and consequences of business rescue versus liquidation under South
African company law.
Question 6
6. Discuss the relevance of court judgments such as Oakdene and Southern Palace in shaping
the business rescue jurisprudence in South Africa.
Question 7
7. Evaluate the role of creditors and auditors in influencing the outcome of business rescue and
winding-up applications.
Question 8
8. Suggest legal and strategic remedies available to companies in financial distress under South
African law.

Reviews

There are no reviews yet.

Only logged in customers who have purchased this product may leave a review.

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