By June Stacey Marks
Partner @ June Stacey Marks Attorneys | BCom (cum laude), LLB (cum laude), LLM (cum laude), LLD Candidate
August 10, 2025


When your business is gasping for air, lawsuits are circling like vultures, and creditors are banging at the door, you have two options:

1. Panic and pray for a miracle.
2. Call in the experts who know how to turn chaos into control.

At June Stacey Marks Attorneys, we choose option two — every single time.

WHAT BUSINESS RESCUE REALLY IS (AND WHY YOU NEED IT YESTERDAY)

Business rescue, under the South African Companies Act, is like putting your company in a protective legal bubble. Once the process starts:

• Lawsuits are paused — creditors can’t drag you to court.
• You keep trading — operations continue while the restructuring happens.
• A turnaround plan is crafted — giving your business a real shot at recovery.

This isn’t about “buying time.” It’s about buying a fighting chance.

POST-COMMENCEMENT FINANCE (PCF): THE SECRET WEAPON

When cashflow is tighter than your old jeans, you need PCF — fresh capital that keeps your business operational during rescue.

• Ranked above most debts — PCF lenders get priority repayment.
• Creates breathing space — salaries, suppliers, and core expenses get paid.
• Restores credibility — investors and banks see a plan worth backing.

With a credible strategy in place, even banks that once slammed the door may reopen it. And that’s exactly where we step in.

CASHFLOW IS KING (AND WE KNOW HOW TO CROWN IT)

Business rescue isn’t about bean-counting. It’s about strategic cash control. We work hand-in-hand with forensic accountants, turnaround specialists, and a team of expert business rescue practitioners to:

• Plug revenue leaks.
• Restructure debt repayment schedules.
• Keep essential operations alive while trimming the excess.

Together, we design the perfect plan — one that is both legally watertight and commercially realistic.

SUPPORTING BUSINESS RESCUE PRACTITIONERS

Business Rescue Practitioners often face resistance from all sides — creditors, shareholders, and even directors. That’s where we step in as the legal backbone of the rescue process. We provide practitioners with:

• Litigation support in the High Court when plans are challenged.
• Legal advice on compliance with the Companies Act and business rescue regulations.
• Drafting and vetting of rescue plans to ensure they hold up under scrutiny.
• Dispute management when creditors, employees, or directors obstruct the process.
• Claims and creditor negotiations that balance commercial reality with fairness.

Our role? To give practitioners the legal cover and firepower they need to keep the rescue on track.

WHY CREDITORS SHOULD LOVE BUSINESS RESCUE

Here’s the twist: business rescue isn’t just good for the company — it’s good for creditors, too.

• Higher recovery rates than liquidation.
• Orderly repayment instead of a chaotic asset fire sale.
• Preserved relationships — because a rescued business pays back more than a liquidated one.

Smart creditors know: a business in rescue is better than a business in a coffin.

WHERE WE COME IN

At June Stacey Marks Attorneys, we’re not here to hold hands — we’re here to fight for survival. Our business rescue team:

• Stops lawsuits dead in their tracks.
• Secures PCF and negotiates with banks.
• Works seamlessly with leading business rescue practitioners to create the perfect rescue plan.
• Provides ongoing legal support to practitioners — from litigation and claims to plan enforcement and creditor battles.
• Crafts survival strategies that actually work — whether for start-ups in trouble or corporates in crisis.

Because in business rescue, speed is survival — and we don’t do slow.

BOTTOM LINE

If your business is in freefall, waiting will cost you everything. Don’t panic. Don’t freeze.

Call us now and let’s put your company on legal life support before it’s too late. June Stacey Marks Attorneys — Business Rescue Done Right.