The Citizen (KZN)

A way out for distressed businesses

VITAL: EVERY OWNER NEEDS TO UNDERSTAND TERMS AND FUNCTIONS OF EACH PROCESS

- Munya Duvera

Pleading ignorance can have a detrimenta­l impact on the business.

Most of us woke to the news that South African Airways (SAA) had been put under business rescue this week. This got me thinking about the legal proceeding­s that deal with distressed businesses which many business owners may not know off. This can have a detrimenta­l impact on the business.

Let us take SAA’s turn of events as an opportunit­y to investigat­e certain legal business functions that you, as a business owner, could one day be faced with.

The most common terms that are associated with distressed businesses are business rescue, liquidatio­n, restructur­ing, winding down and shut down.

Business rescue

According to the Companies Act, business rescue is the process where a financiall­y distressed company can voluntaril­y or involuntar­y by court order, be given time to rehabilita­te itself to achieve solvency. 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 to the company that prevents creditors from taking any legal action against the company.

Additional­ly, a licensed business practition­er is appointed and has full authority over the business to do whatever he/she deems necessary to save the business.

Business restructur­ing

According to Wikipedia, restructur­ing is the act of reorganisi­ng the legal, ownership, operationa­l, or other structures of a company to make it more profitable, or better organised for its present needs. Amalgamati­ng its debt or swapping debt for equity are two common restructur­ing mechanisms.

Business liquidatio­n

It implies that a business will cease to operate mostly due to its inability to settle its debt or meet its financial obligation­s. Liquidatio­n may be brought about as a result of a legal court process, or by a request by its creditors, or the company may voluntary decide to be liquidated.

Winding down or deregistra­tion

It occurs when a solvent business stops operating. It is a rarity because most business owners would rather sell instead of closing a profitable business.

Business shut down

It refers to a business that chooses to shut down operations temporaril­y. Companies do this when they determine that it is cheaper to temporaril­y stop production than to continue during an off-season. A good example could be companies that sell Christmas trees, I would imagine that most if not all, shut down during the year to only commence around November time.

These terms and functions are important. A great place to get full understand­ing is the Companies Act, which you can download for free on the DTI website.

Munya Duvera is CEO at Duvera Elgroup

 ?? Picture: Shuttersto­ck ?? TO THE RESCUE. SAA is a recent example of a company going into business rescue. This process gives companies time to rehabilita­te to achieve solvency.
Picture: Shuttersto­ck TO THE RESCUE. SAA is a recent example of a company going into business rescue. This process gives companies time to rehabilita­te to achieve solvency.

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