Business Rescue, Restructuring & Insolvency
Strategic Legal Support Through Financial Distress
When a business faces financial distress, timely legal advice can make the difference between recovery and collapse. Cox Yeats advises companies, directors, creditors, lenders, investors and business rescue practitioners on business rescue, corporate restructuring, insolvency and turnaround strategies across South Africa, helping clients navigate complex financial and commercial challenges.
Our team assists with business rescue proceedings, debt restructurings, distressed transactions, liquidations, creditor recoveries and insolvency-related disputes. Combining expertise across restructuring, litigation, banking and finance, and corporate law, we deliver practical, commercially focused solutions designed to preserve value, manage risk and protect our clients’ interests.
Rehabilitation with a Clear Plan
Business rescue is a formal legal process aimed at rehabilitating financially distressed companies. Introduced in Chapter 6 of the Companies Act (No. 71 of 2008), it allows businesses to restructure operations, assets, and debt while maintaining control and protecting against creditor claims.
Our Business Rescue services include:
- Conducting independent business reviews to assess viability
- Drafting and implementing legally compliant rescue plans
- Managing stakeholder engagement, including creditor meetings
- Assisting with post-commencement financing
- Advising on exit strategies and tax-related litigation
Our focus is on sustainability, transparency, and restoring solvency wherever possible.
A Flexible Alternative
For businesses not yet in formal distress but showing signs of financial pressure, restructuring offers a more flexible solution. This process focuses on improving liquidity, reducing debt burdens, and optimising operational performance, helping avoid the reputational risks of formal rescue.
This route is ideal for companies seeking to proactively manage risk and preserve business continuity.
We assist clients with:
- Organisational restructures, mergers, and acquisitions
- Strategic due diligence and risk evaluation
- Developing and implementing cash flow improvement plans
- Debt negotiation, refinancing, and repayment strategy
- Tax compliance and restructuring-related legal support
Managing the Final Exit
When business rescue or restructuring is no longer viable, liquidation becomes necessary. Whether voluntary or court-ordered, our team ensures the process is managed efficiently, legally, and with stakeholder transparency.
Our insolvency services include:
- Advising directors and creditors on legal obligations
- Managing voluntary and compulsory liquidations
- Handling cross-border insolvencies and sequestrations
- Facilitating asset sales and optimising creditor outcomes
- Representing stakeholders in insolvency litigation and disputes
Our lawyers provide strategic, risk-aware guidance to minimise disruption and achieve a fair resolution for all parties involved.