BUSINESS RESCUE

WHAT IS THE TEST FOR BUSINESS RESCUE?

The test for whether or not a company should be placed in business rescue is whether or not the company is financially distressed. The Act defines the words “financially distressed” to mean that;

it appears to be reasonably unlikely that the company will be able to pay all of its debts as they become due and payable within the immediately ensuing six months.

it appears to be reasonably likely that the company will become insolvent within the immediately ensuing six months.

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