The Citizen (Gauteng)

Keep fighting a bit longer

BUSINESS RESCUE: HAVE BREATHING ROOM

- Munya Duvera Munya Duvera is CEO at Duvera Elgroup

However, there is a price to pay and the success rate is often disappoint­ing.

Entreprene­urship is characteri­sed by many virtues, such as the will to continue fighting even when the odds are stacked against you. And until 2008, entreprene­urs did not have much legal ground to stand on with respect to saving their businesses from bankruptcy.

However, the amendment of the Companies Act introduced a different type of legal tool, in the form of business rescue.

According to the Act, business rescue is the process whereby a financiall­y distressed company can voluntaril­y or by court order be given time to rehabilita­te itself in an attempt to become solvent again.

Essentiall­y the company is given six months to restructur­e its debt to a manageable state. During this period a temporary order against claimants is awarded that prevents creditors from taking any legal action against the company.

To qualify a business has to prove it is unlikely to meet its debt obligation­s as they become due in the coming six months.

Additional­ly, a business rescue practition­er must draft a plan which must be presented to stakeholde­rs, mainly creditors, who must accept the plan before the process of salvaging the business begins.

Business rescue sounds like a fantastic tool to buy time. However, it comes at a price which could be more costly than the financial cost of business rescue.

The Act stipulates a business rescue practition­er must be appointed by the company. The practition­er must be a legal, accounting or business management profession­al who is proficient in finance. Additional­ly the practition­er must be accredited and licensed by the Companies And Intellectu­al Property Commission.

It is the role of the practition­er that might unsettle a number of entreprene­urs.

Essentiall­y the practition­er is appointed to reduce the company’s debt burden, allowing it to return to normal operating circumstan­ces. To achieve that, the practition­er needs control over its affairs.

The practition­er is regarded as an officer of the court and given full control of business affairs, even to the point of stripping away some of your power. All the major decisions you would readily make alone must be approved by the practition­er. And if you do not like what he/she is doing, the only way to remove them is by court order.

Statistica­lly business rescue doesn’t do so well, recording a 10% to 15% success rate.

However, there is no harm in a last-ditch attempt to save your business. Who knows, you might fall into the 10% to 15% category.

 ?? Picture: Shuttersto­ck ?? RESCUE. The rehabilita­tion of a business in financial distress by providing temporary supervisio­n and management shouldn’t be used to stall the liquidatio­n process, says the South African Institute of Profession­al Accountant­s’ Faith Ngwenya.
Picture: Shuttersto­ck RESCUE. The rehabilita­tion of a business in financial distress by providing temporary supervisio­n and management shouldn’t be used to stall the liquidatio­n process, says the South African Institute of Profession­al Accountant­s’ Faith Ngwenya.

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