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Book part
Publication date: 28 January 2022

Brandon Sej Kesieman and Andani Thakhathi

The success rate of business rescue in South Africa is concerningly low as it currently ranges between 10% and 12%. This study intends to make a positive contribution towards…

Abstract

The success rate of business rescue in South Africa is concerningly low as it currently ranges between 10% and 12%. This study intends to make a positive contribution towards addressing this problem by obtaining insight from professional business rescue practitioners regarding the feasibility of making use of the practice of business rescue to assist South African state-owned enterprises to avoid them going into insolvency and indefinitely stopping operations. This study, which is a generic qualitative study, will rely solely on the experience and insights of the business rescue practitioners in order to obtain a better understanding of the problem at hand. Nine participants were interviewed during September and October 2020. The study found that business rescue practitioners are confident that the business rescue proceedings are a solution to preserving state-owned enterprises. However, the level of political interference by the unions, government officials, and also the continued bailouts from the government to support these state-owned entities are some concerns raised by the participants as they hinder the effectiveness of the proceedings with regard to state-owned enterprises. Academically, the study expands to the literature on business rescue in the context of state-owned enterprises and what challenges are hindering the process. For managers, the study identifies the key constraints which are most likely to be encountered when conducting business rescue proceedings in a state-owned enterprise which, if not observed, will negatively impact the success rate.

Details

Transcendent Development: The Ethics of Universal Dignity
Type: Book
ISBN: 978-1-80262-260-7

Keywords

Open Access
Article
Publication date: 19 February 2024

Mamekwa Katlego Kekana, Marius Pretorius and Nicole Varela Aguiar De Abreu

Business rescue, as a mechanism to aid financially distressed companies in South Africa, has received considerable academic and practical recognition. However, the business rescue

Abstract

Purpose

Business rescue, as a mechanism to aid financially distressed companies in South Africa, has received considerable academic and practical recognition. However, the business rescue plan is an overlooked and, perhaps, underdeveloped aspect of the regime. For stakeholders, this is the ultimate decision-making document. Creditors are the most influential stakeholders in business rescue proceedings owing to their voting rights. For creditors to make informed decisions and exercise their votes meaningfully, the business rescue plan should be transparent and adequately disclose relevant and reliable information. This study aims to identify creditors’ primary information needs to enhance the sufficiency and decision-usefulness of business rescue plans, not only to entice the vote of creditors but to enforce accountability from practitioners.

Design/methodology/approach

Using a qualitative research design, semi-structured interviews were conducted with 14 executives from 10 South African financial institutions.

Findings

The findings reveal that comprehensive disclosure of financial, commercial and legal information in business rescue plans was a critical antecedent for stakeholder decision-making. Additionally, leadership and social impact information were influential determinants. This study advances academic knowledge and, for practitioners, adds value to the development of business rescue plans. This can enhance creditors' confidence in supporting the rescue effort and approving the plan.

Practical implications

This study advances academic knowledge and, for practitioners, adds value to the development of business rescue plans. This can enhance creditors' confidence in supporting the rescue effort and approving the plan.

Originality/value

The originality of this article lies in its investigation of how creditors assess the information in BR plans as a precursor to supporting the company’s reorganisation in a creditor-friendly business rescue system such as South Africa. This study provides novel insights into the decision-making process, particularly how creditors assess BR plans, address information asymmetry and vote on the plan.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 7 May 2024

Bhavna Mahadew and Tinotenda Ganga

The primary purpose of this study is the development of Zimbabwe's rescue culture. The current framework for rescue operations was shaped by the historical development of laws…

Abstract

Purpose

The primary purpose of this study is the development of Zimbabwe's rescue culture. The current framework for rescue operations was shaped by the historical development of laws pertaining to insolvency and liquidation. Socioeconomic pressures in Zimbabwe can be attributed to some of the main factors that led to the need for rescue legislation and restructuring, which in turn fueled the shift from a culture that supported credit to one that supported debtors. The aim of this study is to offer an overview of the key ideas and principles of the corporate rescue programs now implemented in Mauritius and to investigate the ways in which these ideas and principles impacted the newly enacted Zimbabwean Insolvency Act.

Design/methodology/approach

This study adopts a comparative legal approach using Zimbabwe and Mauritius as comparative case studies. The fact that both countries are former British colonies and their insolvency legal framework inspired by common law makes them appropriate to be compared. Legislation and case law are used to conduct the comparative study with the aim of Zimbabwe drawing lessons from the Mauritian legal framework on insolvency. Mauritius is a nearly ideal subject for a comparative case study because of its vibrant and fairly successful bankruptcy law framework, as well as its fictional corporate rescue culture. These might provide Zimbabwe with some motivation and guidance.

Findings

The legal framework on insolvency in Zimbabwe has been found to be too stringent and does not provide companies with any lifeline. There is arguably a tendency of forcing companies out of business rather than implementing a rescue culture. Selected aspects of the Mauritian legal framework on insolvency can be mapped onto the Zimbabwean system to implement a much-needed rescue culture given its challenging economic context.

Originality/value

This study contributes to comparative legal literature in the field of insolvency. It is among the very few research work that compares the legal structure on insolvency of Zimbabwe and Mauritius in a collaborative endeavor to enhance the insolvency law and its application in Zimbabwe.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 18 July 2023

Kalanit Efrat, Shaked Gilboa and Andreas Wald

The economic crisis triggered by the COVID-19 pandemic seriously jeopardized small businesses. To survive, many small businesses turned to their networks by launching crowdfunding…

Abstract

Purpose

The economic crisis triggered by the COVID-19 pandemic seriously jeopardized small businesses. To survive, many small businesses turned to their networks by launching crowdfunding “rescue” campaigns, which were very successful in eliciting both funding and community support. This study aims to explain this success from the backers' perspective by addressing support intentions in uncertain times. The authors examine backers' paradoxical behavior by investigating the influence of ambiguity aversion (individual uncertainty), business-level uncertainty and environmental uncertainty on backers' intentions to support small businesses and the interaction of uncertainty with backers' well-being.

Design/methodology/approach

Survey data from 230 backers of small business rescue campaigns were analyzed using structural equation modeling.

Findings

The findings indicate that ambiguity aversion negatively dominates backers' support intentions. However, under the mediating effect of well-being, business-level and environmental uncertainties positively impact backers' intentions, whereas ambiguity aversion becomes non-significant.

Originality/value

Uncertainties are supposed to have a negative influence on individual well-being. By contrast, this study shows that backers' well-being is influenced by the context of the crowdfunding campaign. Uncertain conditions can provide value in addition to the benefits gained by backers from supporting crowdfunding campaigns.

Details

Baltic Journal of Management, vol. 18 no. 5
Type: Research Article
ISSN: 1746-5265

Keywords

Article
Publication date: 1 September 2000

Naresh R. Pandit, Gary A.S. Cook, David Milman and Francis C. Chittenden

This paper focuses on the British company voluntary arrangement (CVA) which is a relatively new debtor rehabilitation process particularly intended to help financially troubled…

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Abstract

This paper focuses on the British company voluntary arrangement (CVA) which is a relatively new debtor rehabilitation process particularly intended to help financially troubled small firms resolve their difficulties. Based on a survey that is the largest and most comprehensive on the subject of British CVAs, this paper has three principal objectives: (i) to outline the characteristics of CVAs; (ii) to examine the relationships between CVA success and context; and (iii) to provide managerial and policy recommendations based on these findings. Among other things, the study finds that the overwhelming majority of CVAs are employed by small firms and that they can be particularly successful as a means of recovery when the economic fundamentals of the business are sound, regardless of the line of activity of the firm. Higher levels of success might be achieved, however, if the fixed costs of CVAs were subsidised in the case of very small firms and if more time were allowed during the process.

Details

Journal of Small Business and Enterprise Development, vol. 7 no. 3
Type: Research Article
ISSN: 1462-6004

Keywords

Article
Publication date: 11 November 2013

Chrispas Nyombi

This paper aims to provide an examination of the position employees find themselves during corporate insolvencies. The paper examines employees' rights under insolvency procedures…

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Abstract

Purpose

This paper aims to provide an examination of the position employees find themselves during corporate insolvencies. The paper examines employees' rights under insolvency procedures such as administration, company voluntary arrangements (CVA), administrative receivership, pre-packs and liquidation, to establish whether the rescue goal can be affected by employees' claims. Priorities in liquidation are also widely examined to establish the status of employees under this procedure and their entitlements.

Design/methodology/approach

Legal analysis.

Findings

The law offers more protection to employees than unsecured creditors. In comparison to unsecured creditors and even floating charge security holders, employment claims stand in a highly enviable position during insolvency.

Originality/value

The paper offers a wholesale assessment of the rights of employees during insolvency. There is a lacuna in research literature that addresses the issue of employment rights during insolvency.

Details

International Journal of Law and Management, vol. 55 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Case study
Publication date: 11 September 2023

Jennifer Cherneski

This case presents some of the entrepreneurial challenges faced by a female leader in the technology sector who conceived a new product based on her passion to help others…

Abstract

Social implications

This case presents some of the entrepreneurial challenges faced by a female leader in the technology sector who conceived a new product based on her passion to help others especially those most disadvantaged.

Learning outcomes

Upon completion of this case study, students should be able to prepare supply chain and distribution analysis that considers ethics and sustainability, integrate philanthropic efforts as part of an organizational strategy and recognize strategies to promote equity within and beyond an organization.

Case overview/synopsis

Connie Stacey (she/her) is an entrepreneur and president of Growing Greener Innovations, an award-winning battery energy storage company based in Alberta, Canada, with a mission to end energy poverty globally. With the emergence of COVID-19 as a global pandemic in 2020, Stacey turned her attention to an innovation called Project Rescue, a ventilator that uses non-identifying patient vitals to track data. It serves as a pandemic early warning system, addressing two key challenges: pandemic data are prone to error, and real-time information is non-existent after the pandemic has spread. This new product was conceived based on her passion to help others, especially those most disadvantaged. This multi-faceted case focuses on the many challenges that Stacey and her team needed to address. The dilemma in this case centres on establishing supply chains amid a pandemic, as well as prioritizing the corporate social responsibility elements of philanthropy and equity within her organization (and beyond).

Complexity academic level

This case is appropriate for third- or fourth-year undergraduate or graduate-level students.

Supplementary materials

In addition to “call out boxes” throughout the case and teaching note, additional readings/links/videos are outlined below. (These supplementary materials, “Teaching Tips”, are included in the teaching notes as well.)

Subject code

CCS 11: Strategy.

Details

The Case For Women, vol. no.
Type: Case Study
ISSN: 2732-4443

Keywords

Article
Publication date: 1 June 1996

Michael Harker

States that, despite the rhetoric in the literature concerning the importance of information in the market‐planning process, there is scant attention to the “life blood of the…

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Abstract

States that, despite the rhetoric in the literature concerning the importance of information in the market‐planning process, there is scant attention to the “life blood of the planning process” in the published work on company turnarounds. Addresses this problem through a study of companies undergoing turnaround in the mature engineering industry. Compares the practices in three companies which were successfully turned around with a company in which turnaround attempts did not come to fruition. Finds that successful turnaround managers go through an elaborate process, “destiny development”, to establish the foundations of a turnaround plan. The turnaround plan relies heavily on sound and innovatively generated information. Explores the destiny development concept for theoretical and practical purposes.

Details

Marketing Intelligence & Planning, vol. 14 no. 3
Type: Research Article
ISSN: 0263-4503

Keywords

Open Access
Article
Publication date: 5 December 2023

Carlotta Magri and Pier Luigi Marchini

This study aims to investigate the link between audit quality and in-court debt restructuring. The aim is to understand whether the confirmation of debt restructuring plans is…

Abstract

Purpose

This study aims to investigate the link between audit quality and in-court debt restructuring. The aim is to understand whether the confirmation of debt restructuring plans is affected by audit quality, which, in the light of agency theory, reduces information asymmetries between outsiders (creditors and the court) and insiders (shareholders and managers) of the debtor company.

Design/methodology/approach

A logistic regression is performed to test whether higher audit quality is associated with an increased probability of successfully completing a debt restructuring proceeding (RP). Consistent with the literature, audit quality is assessed ex ante based on auditor size, which is used as a proxy for independence. The analysis considers private Italian companies.

Findings

Audit quality positively affects debt restructuring. Among financially distressed companies, those audited by an audit company are more likely to succeed in RPs than those audited by a single practitioner. There is no evidence of a Big N effect.

Originality/value

This study fills a gap in literature as, in contrast to other financial and governance characteristics, audit quality has never been studied before as a determinant of efficient restructuring. It contributes to the literature on auditing and governance by highlighting the importance of audit quality in complex situations such as RPs, and it expands on debt restructuring literature by considering the importance of the information exchanged during RPs.

Details

Managerial Auditing Journal, vol. 39 no. 1
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 21 February 2024

Kim Brooks and Thomas Nichini

This paper aims to use the origin story of Dalhousie’s Faculty of Management as a foil for unpacking the tensions between deep disciplinary specialization and liberal education in…

Abstract

Purpose

This paper aims to use the origin story of Dalhousie’s Faculty of Management as a foil for unpacking the tensions between deep disciplinary specialization and liberal education in business schools in Canada and the USA. Ultimately, the paper reveals that those tensions are not irreconcilable, and that through the fortunes of historical contingencies and deliberate decision-taking, a faculty can embrace the benefits of both breadth and depth.

Design/methodology/approach

The paper proposes a critical organizational history of management education through a case study. By drawing on secondary literature and archival sources, the authors focus on moments in business education, such as the founding of the Wharton School of Business, the release of the Carnegie and Ford Reports and the trend towards increased specialization to situate a case study of Dalhousie University’s Faculty of Management.

Findings

The authors find that the evolution of business education in North America from its broad, liberal origins towards narrow, specialization has come at a cost to some of the benefits of business and management education. An alternative approach, one reflected in the design of Dalhousie’s Faculty of Management, its programme offerings and its interconnection with other disciplines, enables the advantages of deep disciplinarity to co-exist (and cross-inform) with the advantages of liberal approach to knowledges.

Originality/value

The Dalhousie model offers business schools an example of a faculty that balances the rich insights of liberal interdisciplinarity with the need for sophisticated approaches to more granular, often disciplinary, topics. In addition, the paper offers the story of a multidisciplinary management faculty, some explanation for how that faculty was maintained despite pressures towards specialization; and in doing so, contributes to the limited historical research of management education, particularly in Canada, post-2000.

Details

Journal of Management History, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1751-1348

Keywords

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