Skip to content
ReynoldsAttorneys-logowebsite
  • Home
  • Meet Our Consultants
  • Legal Services
    • Corporate & Commercial Law
    • Labour & Employment Law
    • Copyright IP & Technology Law
    • Data Privacy Law
    • Commercial Litigation Law
    • B-BBEE Law
    • Wills, Estates & Trusts
    • Family Law
    • Mediation & Arbitration
    • Conveyancing
    • NGO Law
    • Energy Law
    • Non-legal Services
  • Clients & Testimonials
  • Blog
  • Contact Us
  • Home
  • Meet Our Consultants
  • Legal Services
    • Corporate & Commercial Law
    • Labour & Employment Law
    • Copyright IP & Technology Law
    • Data Privacy Law
    • Commercial Litigation Law
    • B-BBEE Law
    • Wills, Estates & Trusts
    • Family Law
    • Mediation & Arbitration
    • Conveyancing
    • NGO Law
    • Energy Law
    • Non-legal Services
  • Clients & Testimonials
  • Blog
  • Contact Us

Tackling the Tough Times: Proactive Strategies for Businesses Facing Financial Difficulties

  • June 18, 2024
  • PJ Veldhuizen (Commercial Litigation Specialist)

In the midst of South Africa’s current economic rollercoaster, businesses, both big and small, are facing their fair share of challenges. Think frequent power outages, rising interest rates, along with never-ending petrol price and interest rate hikes. These obstacles are enough to make anyone’s head spin and so it becomes imperative for businesses to adopt some clever thinking to tackle the tough times. 

 

PJ Veldhuizen, Reynolds Attorneys’ litigation, insolvency and dispute resolution specialist consultant attorney says, “It’s all about managing your cash flow during these tricky times.”  Businesses should do regular cash flow checks and identify any potential money troubles ahead of time, to plan accordingly, adjust payment schedules, cut down on non-essential expenses and make the most of their working capital to improve cash flow.  

 

Veldhuizen shares some measures for businesses in South Africa to safeguard their financial stability:

 

Stay on top of payments

“When you see you are about to start defaulting, don’t wait to see if anyone notices because if you thought nobody cared about you, wait until you miss an instalment,” remarks Veldhuizen. Keep creditors happy by paying them on time. If you’re on good terms, you might even chat with them to work out extended payment terms or other arrangements. “If you don’t engage with creditors they will have no alternative but to relieve you of your assets,” he adds.

 

Consider business rescue

Businesses facing severe financial distress should consider business rescue as a proactive measure. Under the Companies Act, initiating business rescue proceedings allows a company to restructure its affairs with the aid of a business rescue practitioner, aiming to ensure the company’s sustainability and protect stakeholders’ interests. “Business Rescue is like a superhero move for companies; an expert comes in to help re-organise things so that your business can keep on going, and look out for the people who rely on it,” adds Veldhuizen.

 

Try mediation or dispute resolution

When facing financial difficulties and contractual disputes, businesses should explore mediation and alternative dispute resolution methods. Mediation offers a collaborative and cost-effective approach to resolving disputes, helping businesses reach mutually beneficial agreements with creditors, contractors or other stakeholders. You might just end up with a win-win solution for you, your suppliers, and anyone else involved.

 

Check your solvency/insolvency status

If your business cannot meet its money obligations, it’s time for a solvency/insolvency check. “This isn’t the end of the world – it’s a way to figure out what’s next,” says Veldhuizen. Seeking expert advice to understand the implications of insolvency and exploring restructuring options may provide workable solutions to avoid further financial distress or liquidation.

 

On a positive note, company liquidations in South Africa are on the decline. According to recent data from Statistics SA in March 2024, there were 802 fewer liquidations this year compared to the same time last year – that’s a 14% drop and while we’re not out of the woods just yet, this downward trend provides a glimmer of hope for businesses. “As the economy starts to steady itself, we’ve got to keep our proactive hats on to avoid any financial road bumps,” adds Veldhuizen.

 

Business leaders need to keep their wits about them, be quick on their feet, and call in the experts when times get tough. Engaging with stakeholders openly and honestly, and seeking professional advice from insolvency experts and business rescue practitioners can make all the difference for a struggling business.

About the author

PJ Veldhuizen (Commercial Litigation Specialist)

PJ Veldhuizen is a Commercial Litigation Attorney and Qualified Mediator and Arbitrator. He is an expert in advisory commercial litigation, company law, insolvency law, business rescue, consumer protection and dispute resolution, and has been a consultant for Reynolds Attorneys since 2011.
PrevPreviousCourt Order Confirms Law Firms Exempt from Business Account Audits
NextThe Company That Owes Me Money Has Been Liquidated, Now What?Next

Contact Us

+27 84 556 8309
info@reynoldsattorneys.co.za

Connect with us

  • LinkedIn

Address

We are based in Cape Town but operate as a virtual office.

Navigation

Home
The Firm
Meet Our Consultants
Legal Services
Clients

Blog
Contact Us
Legals
Privacy Policy

Receive the latest industry news

Sign up to our newsletter today

Subscribe
We respect your privacy. See our Privacy Policy. We will only email you a few times a month and we won’t share your email address with anyone.

Nicole Copley

NGO law

Nicole Copley is an NGO lawyer who works for NGO clients all over South Africa and internationally. She qualified with a BA LLB LLM (Tax) from the University of KwaZulu-Natal, Durban (with a Masters in tax exemption), and is a Master Tax Practitioner SATM.

Nicole advises on, drafts and amends founding documents for and sets up every sort of organisation required by South African NGOs. She makes tax exemption and 18A (deduction of donations) applications, and applications to be registered with the Nonprofit Organisations Board. She (and her team) keep registrations up to date and assist with compliance and reporting. She also NPO reporting and other services. She advises on re-structuring and assists not-for-profits in understanding and applying the useful provisions of B-BBEE.

She also does commercial drafting work for her NGO clients, vetting and drafting agreements for them. She works for a wide range of types and sizes of organisations and aims to provide a pragmatic and efficient service. Her decades of experience in consulting to NGOs means she takes the long view, is focused on governance, ethics, credibility and sustainability and steers clients away from quick fixes, helping them build/renovate so that the organisation outlasts current office bearers.

Nicole works with other consultants to the not-for-profit sector, collaborating on training, newsletters, advising government on legislation for the sector and, most recently, a series of practical guides for the sector, called “NGO Matters”, originally published by Juta but now published by Nicole as NGO Matters Publications.

She has been a consultant since 2019.

  • info@reynoldsattorneys.co.za