Business Rescue Practitioner · Chapter 6, Companies Act 71 of 2008

Turning financial distress into a structured recovery.

Lapis Capital provides licensed Business Rescue Practitioners who take temporary supervisory control of financially distressed companies, stabilise operations, and structure a rescue plan built to be adopted — protecting value for shareholders, creditors and employees.

18+Years of Experience
20+Active Engagements
10+Industries Served
Proceedings status
Supervision active
General Moratorium
Legal proceedings against the company are suspended under s133 while under supervision.
StageInvestigation & stabilisation
Practitioner in controlYes — s140 powers
Plan publicationWithin 25 days
Distress Rescue & recovery
Our Purpose

Clarity for businesses under pressure

Lapis Capital is an independent restructuring and advisory practice providing asset tracing and recovery, transactional advisory, tax, corporate restructuring and business rescue. We combine analytical rigour with practical operational insight to deliver pragmatic, tailored solutions.

Every engagement is treated as a partnership — with the business and with its financiers — bringing full ownership to the matter from first assessment through to implementation.

  • Deep experience in legal process, debt restructuring and M&A
  • A multi-disciplinary approach spanning finance, operations and law
  • Cross-border insolvency and international trade perspective
  • A structured, four-phase methodology for every engagement
  • National reach, with a commitment to sustainable, long-term outcomes
What we do

Practitioner-led rescue, start to implementation

We act as the appointed practitioner and carry the process ourselves — not a referral to someone else once the difficult part begins.

Appointment

Business Rescue Practitioner Appointment

Appointment as BRP by board resolution or court order, taking control of the company's affairs and management under section 140.

Restructuring

Turnaround & Restructuring

Operational, financial and stakeholder restructuring aimed at returning the company to solvency, or securing a better return for creditors than immediate liquidation.

The plan

Business Rescue Plan Development

Drafting and publishing a business rescue plan that sets out the proposed rescue, the treatment of each class of creditor, and the basis for its adoption.

Stakeholders

Creditor & Stakeholder Engagement

Running creditors' and employees' meetings, managing the vote, and reporting through to implementation or, where necessary, conversion to liquidation.

Recovery

Asset Tracing & Recovery

Identifying and recovering assets on behalf of the company or its creditors as part of the broader restructuring effort.

Transactions

Transactional Advisory & Tax

Support across transactions and tax matters that arise during a restructuring or rescue process, kept aligned with the wider plan.

The statutory sequence

From commencement to implementation

Business rescue follows a fixed sequence under Chapter 6 — the same stages apply whether the company enters by resolution or court order.

01

Commencement

A board resolution or court order places the company under supervision. The general moratorium on legal proceedings takes effect immediately.

02

Investigation & stabilisation

The practitioner takes control of the company's affairs, investigates its state, and stabilises operations while a way forward is assessed.

03

Plan

A business rescue plan is prepared and published, setting out the proposed rescue and what each affected person can expect to receive.

04

Vote

Creditors and other affected persons vote on the plan at a formal meeting. Adoption requires the requisite majority in value and number.

05

Implementation

The adopted plan is implemented and monitored by the practitioner through to substantial implementation or, if it fails, conversion to liquidation.

Our Methodology

Four interdependent phases

Turnaround work deals with severe underperformance in a business under distress. Entering with a fresh eye and complete objectivity lets us identify problems — and solutions — often not evident to those inside the company.

01

Defining the Current State

  • Understanding the state of the business
  • Understanding the business model and plan
  • Engagement with key stakeholders
02

Assessment

  • Determining the options to restructure
  • Evaluating the best option to apply
  • Evaluating financial and market risk
03

Action Program

  • Identifying and documenting interventions
  • Pinpointing what must shift, and why
04

Implementation & Monitoring

  • Adapting strategy to market conditions
  • Removing bottlenecks to increase capacity
  • Business process re-engineering
Provisions

Addressing the questions that matter most

We work with management teams for as long as required to protect and create shareholder value — helping both the business and its financiers address the concerns that sit at the centre of any distressed situation.

Short-term liquidity position of the business
Future market prospects and sustainability
Options available to the business
Independent business review
Short-term cash flow forecasts
Appraisal of the company's business plan
Why Lapis Capital

Legal grounding, financial judgment

  • Practitioner-led, with a background in financial and pension law and High Court litigation
  • One point of contact for the company, its creditors and the court, from commencement to implementation
  • Plans are drafted to be defensible at the vote — not just filed to meet the statutory deadline
  • Direct experience reading distressed balance sheets, not only distressed contracts
"A rescue plan only works if it can survive the vote." Most failed rescues aren't undone by the law — they're undone by a plan that never had the numbers behind it.
Why It Works

What clients gain from the process

Analytically sound solutions

Every solution is built to address the issues identified, grounded in facts and analysis rather than opinion.

Sustainable results

Long-term, collaborative relationships across the organisation ensure skills transfer and lasting change.

Successful implementation

Driving delivery matters as much as identifying the right solution — so we stay through execution.

Partnership

Working alongside management day-to-day to improve business performance, not from a distance.

Corporate and consulting depth

A wide-ranging understanding of industries paired with rigorous analytical practice — the combination that drives demonstrable results.

Get in touch

Request a consultation

Tell us about the company and its position. We'll respond within one working day, in confidence.

New enquiry Confidential
Enquiries are treated as confidential.
Enquiry received. Ref. LC/BRP/ — we'll be in touch by email within one working day.
Trust, Drive, Achieve

Working together to take you further.

Reinstating a business is not just a mandate — it is a commitment. We prioritise transparency, strategic thinking and effective execution across every stage of the restructuring and business rescue process.