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Financial distress is not the end of your business.

Summit Restructuring guides South African companies through business rescue under Chapter 6 of the Companies Act, 71 of 2008, so directors, employees and creditors have a real chance at recovery.

Confidential from day oneYour first conversation is private and free of obligation.
Act before liquidationBusiness rescue is only available while the company is not yet in liquidation.
Plain-language adviceSection numbers and legal steps explained so you know what happens next.

What we do

Practical help for directors, owners, employees and creditors when a company is financially distressed, meaning it is unlikely to pay its debts as they fall due within the next six months.

Business rescue

We guide the board through a section 129 resolution and the appointment of a business rescue practitioner, with the section 133 moratorium protecting the company while a plan is built.

Rescue plan development

We assess the numbers and the options, then prepare a business rescue plan that affected persons can vote on with confidence.

Creditor negotiation

We manage conversations with banks, suppliers, landlords, SARS and other creditors.

Post-commencement finance

We help source and structure funding under section 135 so the company can keep trading during rescue.

Director guidance

Clear advice on your duties as a director, and your exposure for reckless trading, when the company is financially distressed.

Employee and stakeholder communication

We keep employees, unions and affected persons informed, since their rights and consultation are central to any rescue.

The route to recovery

Every rescue is different, but the process follows the same four stages set out in the Companies Act.

  1. Base campBefore filing

    Assess and resolve

    We review your finances and confirm the company is financially distressed with a reasonable prospect of rescue. The board then passes a section 129 resolution.

  2. AscentFirst 10 business days

    Notify, appoint and protect

    The resolution is filed with the CIPC and creditors and employees are notified. Once the practitioner is appointed, the moratorium applies and the first creditors meeting is held.

  3. RidgeWithin 25 business days

    Publish the rescue plan

    The practitioner publishes the plan, including the expected return to creditors compared with liquidation, and affected persons vote on it.

  4. SummitOngoing

    Implement and exit

    We carry out the adopted plan, report on progress and file notice with the CIPC when rescue ends.

Who we help

Rescue works best when it starts early. If any of these sound familiar, talk to us now.

  • Directors facing cash shortfalls, unpaid creditors or SARS arrears
  • Owners of viable businesses weighed down by debt
  • Companies facing liquidation applications or creditor litigation
  • Banks and creditors seeking a better recovery than liquidation
  • Employees, unions and suppliers with a stake in the outcome

Speak to us in confidence

Tell us briefly what is happening. A senior practitioner will respond within one business day.

EmailSummit@summitrestructuring.co.za

Phone082 611 4844

HoursMonday to Friday, 08:00 to 17:00 SAST

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