The new Companies Act 2008 is expected to come into force some time between June 2010 and October 2010. It will replace the existing Companies Act of 1973, save for chapter 14, which will continue to apply to company liquidations. The new Act introduces business rescue proceedings envisaged in Chapter 6, Part A; the scheme of arrangement provisions in section 114; and the compromise provisions in section 155. Briefly, business rescue proceedings may be instituted where a company may imminently become insolvent or illiquid. This is defined to occur where it appears unlikely that the company will be able to pay off its debts within the immediately ensuing six months, or it appears likely that the company will become insolvent within the same period.

Restructuring comprises reorganizing the legal, ownership, operational, or other structures of a company for the purpose of making it more profitable or better organized for its present needs. Additional reasons for restructuring include a change of ownership or ownership structure, demerger, or a response to a crisis or major change in the business such as bankruptcy, repositioning or buy-out. Restructuring may also be described as corporate restructuring, debt restructuring and financial restructuring. Executives involved in restructuring often hire financial and legal advisors to assist in the transaction details and negotiation. It may also be done by a new CEO hired specifically to make the difficult and controversial decisions required to save or reposition the company. It generally involves financing debt, selling portions of the company to investors, and reorganizing or reducing operations and the extent of the expenses occasioned thereby. Common considerations and steps regarding corporate restructuring are:
 

A joint venture takes place when two parties come together to take on one project. In a joint venture both parties are invested in the project in terms of money, time, and effort to build on the original concept. While joint ventures are generally small projects, major companies and other corporations also use this method in order to diversify. A joint venture can ensure the success of smaller projects for companies and corporations that are just starting in the business world or for established companies and corporations. Since the cost of starting new projects is generally high, a joint venture allows both parties to share the burden of the project, as well as the resulting profits.

One of the simplest forms of joint venture is where the parties decide to retain their own independence and base their co-operation entirely upon contract. Alternatively, the parties may decide to combine on a more permanent basis, e.g. through forming a partnership or creating a corporate joint venture. These arrangements are referred to as �structural� joint ventures as they all involve the adoption of structures which bring with them certain specific legal consequences. The parties may decide to go for an even more radical structural solution (e.g. by merging some or all of their business activities or by one party taking over another) but even the creation of a corporate joint venture is likely to be substantially less expensive than a merger or a takeover.

Contractual joint ventures tend to be most appropriate where the project is a once-off project (or of a limited duration) and relatively simple in its scope. Contractual joint ventures are therefore typically used where: 

Fraud takes on many forms. These activities include misappropriation of cash or inventory, fraudulent financial reporting and money laundering. In looking at these activities, a three-step approach is recommended :
 

These stages normally involve using the technology of computer forensic analysis, data analytics and conducting interviews. Typically, securing and collecting tangible and oral evidence will include a search and analysis of e-mails, documents and files that may be hidden, password protected, or encrypted, files that have been generated from the operating system, databases of all user input and activity, recently opened, accessed, created or deleted files, and on-line activities, including Internet banking transactions.

Successful fraud investigations require interviewing potential witnesses, people with information about a particular offence, and in some cases, speaking with the suspected perpetrators of fraud themselves. A professional interviewer will always have a detailed and organized plan in place. The objective of an interview in a fraud situation is to gather facts related to potential motives on the part of the suspect, and to verify opportunities presented to the suspect for committing a fraud.

Going through a fraud investigation can be a stressful time for a company, but can be fairly comfortably endured with cooperation, patience and the right knowledge.

Commercial transactions and business and corporate relationships often go bad and turn into disputes, resulting in costly litigation. Unable to resolve the dispute through negotiations or discussions between the parties, one party may find that litigation is the only way to end the matter. Unfortunately, litigation is often a fact of modern business life.
Corporate and / or Commercial litigation is a general term that applies to any type of litigation or controversy related to business issues and / or corporate relationships. Corporate and Commercial litigation matters can range from relatively simple, uncomplicated matters, to highly complex matters that could take several years to resolve. Improperly handled litigation can lead to additional, unnecessary expense for a litigant. Even if a litigant is successful, the amount of money and time it spends fighting may exceed the amount of damages it is ultimately able to collect. In addition, protracted litigation can have a negative impact on the operations of a litigant's business.
Examples of areas included under the general heading of corporate and / or commercial litigation include: