Insolvency & Investigation
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Our lawyers specialise in legal matters regarding insolvency and related investigations
We provide expertise on insolvency and the related investigation in recovering assets. We are a legal partner in the forensic process uncovering maladministration and mismanagement. We assist creditors in recovering their debts, we also protect and guide companies in liquidation proceedings.
We’ve worked successfully with liquidators, commissioners and creditors; we’ve managed insolvency inquiries resulting from the collapse of companies holding both public and private investments, and conducted forensic investigations to determine the options for recovery and the probabilities of success against liable parties.
The introduction of business rescue proceedings under the new Companies Act of 2008 provides an alternate option to affected parties should a business have a reasonable prospect of recovering from a position of financial distress. Under business rescue proceedings a general moratorium on legal proceedings against a company is granted, including a moratorium on insolvency proceedings, this provides a business rescue practitioner the opportunity to evaluate (in consultation with creditors) whether a business rescue plan can be agreed to save the operations of the company.
Common questions we’re often asked regarding Insolvencies and Investigations:
When does a business rescue practitioner become involved?
If a business is in financial distress, but there is still a prospect of recovery, a business rescue practitioner may be appointed to evaluate and formulate a business rescue plan.
The appointment of a business rescue practitioner entails application by the business or an interested party. Once appointed, the business rescue practitionery will investigate the business, property and financial situation, and thereafter consider whether there is any reasonable prospect of rescuing the company.
When does a forensic auditor become involved?
If there are any allegations of maladministration or mismanagement within a business, aforensic auditor can be brought in.
They will examine and evaluates a business’ financial records to derive evidence used in a court of law or legal proceeding.