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Financial Restructuring & Insolvency

Our dedicated team of restructuring and insolvency lawyers in South Africa advise all types of stakeholders involved in, or impacted by, financial restructuring and corporate business rescue and insolvency situations.

What we do

We provide pragmatic, business-focused advice and guidance to our clients. We have a strong track record of advising a broad spectrum of clients on national and cross-border restructuring, insolvency and business rescue. Successfully navigating what is often a complex landscape calls for creative and bold solutions from experienced practitioners.

We understand the legal and business drivers involved when a company gets into financial difficulties and we have the technical skills and expertise to help achieve the best possible outcome.

Our clients 

Our clients include banks, public and privately-owned companies, distressed debt funds, financial advisers, pension funds, insurance companies, turnaround specialists and boards of directors.

Seamless, integrated service

Where required, as it often is on these types of mandates, we draw upon and benefit from the experience of lawyers across wider practice areas, including litigation, real estate, corporate and commercial, mining, telecommunications, capital markets, tax, to complement our core restructuring offering.

Our services 

We assist clients with:

  • business rescue advice
  • corporate restructuring
  • covenant amendments and refinancing 
  • debt and equity recapitalizations
  • debt to equity conversions
  • debt recovery
  • distressed debt trading
  • employment fraud
  • enforcement of security and audits 
  • financial restructuring of non-performing loans
  • forensic investigations
  • governance matters to companies in distress
  • insolvency advice 
  • insolvency due diligence exercises
  • lender consortium arrangements
  • post commencement finance in business rescue 
  • risk management
  • schemes of arrangement
  • security reviews
  • standstill arrangements
  • structuring new money solutions
  • viability assessments 
  • voidable transactions and other insolvency litigation

The team is experienced, efficient, well priced and professional

Legal 500 | Banking & Finance, South Africa, 2020

It is one of the shining firms that understands banking and finance law from a structuring, distressed scenario and insolvency law perspective.

Legal 500 | Banking & Finance, South Africa, 2020

As my lender counsel they carried themselves as an essential cog in the commercial discussions, which is over and above their true scope

Legal 500 | Banking & Finance, South Africa, 2020

They are very knowledgeable, efficient and professional. They specialise in corporate, commercial and banking law and have an excellent track record.

Chambers & Partners, South Africa, 2024

The firm handled complex matters with speedy turnaround, and with a good balance between the legal versus the pragmatic.

Chambers & Partners, South Africa, 2024

We were able to conclude the requisite transactions in record time, largely due to the very strong service levels of CMS.

Chambers & Partners, South Africa, 2024

The team is experienced, efficient, well priced and professional

Legal 500 | Banking & Finance, South Africa, 2020

It is one of the shining firms that understands banking and finance law from a structuring, distressed scenario and insolvency law perspective.

Legal 500 | Banking & Finance, South Africa, 2020

As my lender counsel they carried themselves as an essential cog in the commercial discussions, which is over and above their true scope

Legal 500 | Banking & Finance, South Africa, 2020

They are very knowledgeable, efficient and professional. They specialise in corporate, commercial and banking law and have an excellent track record.

Chambers & Partners, South Africa, 2024

The firm handled complex matters with speedy turnaround, and with a good balance between the legal versus the pragmatic.

Chambers & Partners, South Africa, 2024

We were able to conclude the requisite transactions in record time, largely due to the very strong service levels of CMS.

Chambers & Partners, South Africa, 2024
Cost-cutting and restructuring in times of crisis
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23/08/2022
CMS Expert Guide to restructuring and insolvency law
Restructurings, especially those involving multiple jurisdictions, are invariably complex matters. This CMS Expert Guide provides an overview of the various restructuring possibilities available in a large number of countries, allowing you to compare
Expert Guide Banking & Finance
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28/03/2024
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Does a landlord have an automatic right of retention/ lien over the movables of the lessee that can be exercised to off-set arrear rental? The Supreme Court of Appeal in the recent case of Ergomode (Pty)...
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The precarious position of the voting rights of post commencement creditors
The rescue of a company in business rescue ultimately depends on the implementation of a viable business rescue plan which has received the support of 75% of the creditors of the company. A recent business...
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