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Business rescue

 

COVID-19 has lead to an increase in corporate failures and will continue to do so for the foreseeable future. South Africa will therefore need skilled business rescue practitioners to meet the demand for these services.

The pandemic is having a dramatic effect on the economic circumstances in South Africa, leading to a number of corporates being liquidated or placed under business rescue. Liquidation signals the end of the company’s life, and with it the jobs of employees. Business rescue, on the other hand gives a company a second chance. This course is a summary of business rescue – a roadmap to business rescue law. It includes case law and the commercial and transactional (including M&A) aspects thereof.

Join us for an eight-hour course, held over four days.

When?

7 to 10 June 2021, 15:00 to 17:00

Course outline

The course will cover the following topics:

Introduction to business rescue 

The first section of the content will deal with the process and mechanical aspects of business rescue such as:

  • How to place a company in business rescue
  • Interaction with creditors and other stakeholders
  • The process up to and including the business rescue plan

M&A aspects and opportunities

The second section of the content will deal with the commercial and transactional aspects (including the corporate governance aspects) flowing in and out of the business rescue. This will including disposals, funding, recapitalisations (debt and equity) and the like. 

Business rescue through the cases

What do the courts tell us? Theory meets practice.

Who will benefit from this course?

Corporate lawyers, small business owners, compliance officers, risk managers, company secretaries, aspirant directors, board committee members, senior managers, and officers charged with governance duties in an organisation.

Presenters

Etienne Swanepoel has a BA LLB and an LLM (Tax) (all from UCT). He was a partner at Webber Wentzel until September 2015 when he resigned to pursue own practise. He is a corporate and M&A lawyer. Etienne wrote a column "Under the Microscope" on corporate finance and related issues for many years in Business Report, then the largest business daily newspaper in South Africa. Etienne has worked on a number of signature transactions. Some of these have been the demutualisation/listing of Sanlam, the unbundling of Safren at the end of the 1990's; the aborted Pechiney aluminium smelter at the Coega IDZ (which at the time in the mid-2000's would have been the single largest investment in SA at some USD 2.2 billion); the aborted Engen/Sasol merger in the late-2000's (at the time reportedly the largest corporate transactions in SA but soon thereafter bested by Barclays acquiring ABSA); subsequent attempts to dispose of Engen, the business rescue of Southgold Exploration (involving the restructure of debt of some R11 billion), and the African Bank curatorship. Etienne is a part-time member of staff of the UCT Law Faculty and was appointed as an Adjunct Associate Professor in 2011. He co-teaches an applied corporate finance course on the LLM programme.

Peter-John Veldhuizen is an admitted attorney and has practised as the Corporate Commercial Director of Gillan & Veldhuizen Inc, a specialist Commercial Law practice in Cape Town for over 20 years. In his practice he has advised both local and foreign governments on Company Law matters. PJ specialises in Commercial Alternative Dispute Resolution and has been appointed by the Minister of Trade & Industry to the Companies Tribunal of South Africa where he mediates and adjudicates Company Law disputes. PJ holds a dual Masters in Commercial Law and an MBA with a distinction in International Corporate Finance. In addition, PJ has completed programs in Advanced Corporate Law and Securities provided by UNISA, Negotiation provided by the University of Windsor in Canada and the Harvard ManageMentor® course. PJ holds accreditation in Commercial Arbitration from the Arbitration Foundation of South Africa (AFSA) and is a member of the Commercial Panel of Arbitrators. PJ is an accredited CD/CEDR Mediator and a Fellow of the Institute of Directors. He has also authored several articles and lectured on issues of Company Law and Corporate Governance including the use of Alternative Dispute Resolution as a remedy to swiftly and cost-effectively deal with disputes.

How much?

R2,200 per person

Certificate

A certificate of attendance from UCT will be issued to those who attend all four sessions of the course.

How to sign up

Complete and submit the registration form. You will then be given the payment information. Please note that registrations will not be accepted until payment has been made.

A few days before the course starts you will be given access to the e-learning module, as well as the Zoom link for the workshop sessions.

Registrations close three days before the course starts.

Download the brochure.