Business rescue presents an opportunity for a more flexible approach to company restructuring. A number of corporate steps can be taken to restructure a company. These include the issue of shares, a change in the terms or classification of issued shares, a share buyback or any other scheme of arrangement.
In the midst of various events which sent shockwaves through the South African economy, the Protection of Investment Act was promulgated on 15 December 2015. he Act has been introduced by the Department of Trade and Industry (DTI) in order to codify the treatment of, and to protect standards applicable to, foreign investors in South Africa. The introduction of the Act is in line with the DTI's policy decision, announced in 2013, to terminate or not renew a majority of the bilateral investment treaties (BITs) which had been entered into with some of South Africa's major trading partners.