The cesarean section rate in the United States was 4.5% in 1965; today it is over 30%!

There are many things that can set you up for a successful natural birth and many things that increase your chances of a c-section. The most common explanations for why a cesarean was performed are “failure to progress,” “fetal distress,” “cephalopelvic disproportion” (your pelvis is too small) and the baby’s positioning. Often these diagnoses are questionable and can be avoided.

Here are the top ten things that will improve your chances of a natural birth and help you avoid an unnecessary surgical birth.

1. Choose Your Care Provider Carefully

Interview providers before settling on the one you want. Ask about their rates of c-section, induction, and spontaneous natural births. Also ask about the other providers on their team. In most cases it is unlikely you will have your own doctor on the day you give birth. If you have a midwife you will have more consistency of care.

2. Avoid Induction

If your body is not ready to give birth and you are forced into labor it can lead to a painful and non progressive labor. C-section rates go up with induction rates. Avoiding induction is especially important if you are a first time mom.

3. Do NOT Get an Epidural

Epidurals commonly slow or stop labor leading to a “failure to progress” diagnosis and surgical birth to follow. They can also be the source of fetal distress leading to a cesarean birth.

4. Stay Off Your Back

Lying on your back or being semi-seated are the worst possible positions for giving birth. Do not get into either of these positions during labor or during/throughout delivery. Lying or sitting on your back decreases the size of the pelvis and may result in cephalopelvic disproportion or being told “your pelvis was too small to birth vaginally.”.

5. Push Only When You Are Ready

When your body is ready to push it will push. Being told to push is not only unnecessary but can be harmful. Often women are forced into the pushing stage just because they have reached ten centimeters dilation. The hospital only “allows” you to push for a specified period of time before they will recommend cesarean surgery.

6. Say NO to Continuous Fetal Monitoring

It may seem counterintuitive but continuous fetal monitoring has not been associated with improved birth outcomes. No fewer moms or babies die when using continuous monitoring versus intermittent monitoring. The big difference between the two forms of monitoring is that the rate of c-section, forceps, and vacuum assisted deliveries increases with continuous monitoring.

7. Stay Home as Long as Possible

Staying home as long as you can is a key to a successful delivery. Presenting to the hospital in early labor increases the likelihood that you will have a birth filled with interventions. The longer you are in a hospital setting the more interventions you will be exposed to. Every intervention increases the likelihood of cesarean birth.

8. Avoid Vaginal Exams and Throw Out the Clock

Vaginal exams are not very useful in labor. The significance of how dilated you are is pretty minimal. Some women go from 3 cm to birth in 2 hours and some go two weeks at 6 centimeters. If you are having vaginal exams you will be expected to progress at a rate of 1 cm per hour or will be told you must be 10 cm by a certain time. If you do not fit this linear, one size fits all timeline, you will be labeled as “failure to progress” and will be told you must have a c-section.

9. Hire a Doula

Having a female support person who is familiar with what happens in labor and birth, a Doula, decreases the rate of cesarean by 50 %. Having continuous support focused completely on your family and your goals will improve your outcomes and your satisfaction with your birth.

10. See Your Prenatal Chiropractor

One of the big reasons for cesarean births is that the baby is not positioned well. If your baby is breech, posterior or any other less than optimal position seeing a chiropractor trained in Webster’s In Utero Constraint Technique can help. Success rates are 85% and higher. Seeing a chiropractor throughout your pregnancy can prevent these malpositions and improve your overall body function. The brain body connection is essential for the progress of labor and can be optimized with chiropractic care.

C-sections are a valuable tool when they are necessary. When performed unnecessarily they can leave a woman scarred both physically and emotionally. Make educated and informed choices for yourself and set yourself up for success. If you feel in control of the situation and make the choices for yourself, you can have an empowered birth even if a c-section becomes necessary.

Introduction

Pepper spray is made from the essence of the chili pepper. It is diluted with water to a specific percentage (usually 5% to 15%) and mixed primarily with propellants and UV dye (for police protection). Some products are mixed with tear gas (Mace Triple Action) for purported extra effectiveness. Products have specific spray patterns and forms. These are all effective and are not critical in the decision process. A sprayer expels its contents in short bursts. Buy at least a 2 oz product to have 8-10 shots. Expect the stream to reach 8-12 feet.

Effects

O.C. (the active ingredient in pepper spray) is an inflammatory agent that causes distress to the mucous membranes. That’s why it’s important to aim the spray at the face and eyes of a would-be attacker. The eyes will shut as they tear and sting, he will gasp for breath and cough. The effects last 20-40 minutes certainly enough time to flea the scene or call the police.

How safe is pepper spray? With a reasonable dosage in a healthy individual with no respiratory illnesses we can say pepper spray is safe. Recovery time is quick with no lasting effects other than perhaps a mild headache.

Antidote

Why an antidote? Perhaps you have inadvertently sprayed yourself while handling the device (unlikely with reasonable care. They all have safety caps). Perhaps you used the product in the dark on an approaching stranger who turned out to be your Uncle Mike ready to ask for a lift. Perhaps you used the product on a windy day and enough blew back on you to cause distress. Perhaps people are just curious. “Antidote for pepper spray” remains one of the most popular internet searches.

There is no quick antidote for pepper spray. But there are things you can do to minimize the effects. The most effective solution is a combination of milk, honey, a mild detergent and a little baking soda; it will soothe the area and remove the chemical somewhat – however, only a tiny amount is required to continue burning. The victim should be encouraged to blink to tear away the irritant. Tearless baby shampoo sometimes works to cut the oily resin from your face and hair. Wash your hands several times with soap and water and wash your clothes separately from other items. Don’t use oily lotions and do wash the area repeatedly with cold water. If you are inside, go outside in the fresh air.

Conclusion

Pepper spray is the preferred agent used by police to control unruly crowds or uncooperative suspects. It is the ideal device for women to carry in the purse and car. You never know. It’s better to have it and not need it than to need it and not have it.

Obsessions are involuntary and Compulsions are behaviors that you feel driven to repeatedly perform. Obsessive thoughts and compulsive behaviors don’t mean that a person suffers from Obsessive-Compulsive Disorder. The disorder itself will cause severe distress, takes up a lot of time, and will interfere with your daily routine.

Most people with this disorder fall in to one of these categories:

· Washers-fear contamination. They fear germs and have hand-washing or cleaning compulsions.

· Checkers-constantly check things over and over. Typically these items that are checked are associated with danger or harm. (security alarm on, oven off)

· Doubters and Sinners-are perfectionists. They fear that if things are not perfect or done right, they will be punished.

· Hoarders-fear getting rid of things. They fear bad things will happen when they throw out things regardless of whether they use the items or not.

· Counters and Arrangers-obsessed with symmetry and order. They are superstitious about colors, specific numbers, and arrangements.

Obsessive-compulsive disorder leads to nervous rituals which are alienating and very time-consuming. It can lead to severe financial and emotional distress.

Some of the most common obsessive thoughts include:

· Constant fear of harming yourself or others

· Excessive focus on moral and religious views

· Fear of losing or not having things you might need

· Constant fear of contamination from germs and dirt

· Intrusive sexually explicit or violent images and thoughts

· The need for order and symmetry

· The idea that things have to be “perfect

· Superstitions; obsessing over things that may or may not be lucky

Some of the most common compulsive thoughts include:

· Spending a good portion of the day cleaning and washing

· Repeatedly checking on loved ones to ensure their safety

· Double-checking things: such as locks, switches, and appliances

· Hoarding. Saving things that aren’t important like old newspapers

· Constantly arranging things

· Counting, tapping, repeating words which relieve anxiety

· Praying excessively or participating in religion due to religious fear

Many symptoms are similar to that of Obsessive-Compulsive disorder, a medical and psychological exam is crucial in order to properly diagnose the disorder.

There are four steps that will effectively help conquer the symptoms of OCD.

· RELABEL- You must first recognize the obsessive thoughts and urges that are a result of the disorder. For instance, “I’m having the crazy urge to wash my hands, but I don’t really need to wash them.”

· REFOCUS- Ignoring the disorder by focusing solely on something else.

· REVALUE- Don’t takes the disorder at face value. Ignore the urges and realize they only exist because of the disorder.

· REATTRIBUTE- Recognize the intensity and intrusiveness of the thought and urges caused by the disorder. These false messages from the brain that lead you to believe that you need to do something.

A doctor can help diagnose you if you think you suffer from OCD. They can confirm whether you suffer from the disorder itself, or just have symptoms that may look like you do.

“The basic principle behind behavioral therapy for OCD is that you cannot be bored and scared at the same time.” -Fred Prenzel

The record heat of the summer of 2012, to say nothing of the prospect of more to come in this era of climate change, brings to the forefront the question of the sweating horse and what it means to a wagering decision. Is the horse sweating because of the heat, because he’s sick, or because he has something on his mind? Here are some ideas to help you make a decision about the importance of sweat.

Sometimes it really is just hot weather. Horses evolved into the modern species in the Steppes of Asia and were probably first domesticated in the mountains of northern Kazakhstan. While the great Steppe is hot in summer, it can be extraordinarily cold in winter. Today, 6,000 years after domestication, horses not only survive very cold weather but most prefer cold weather to hot. To be fair, more recent ancestors of our racing breeds spent many generations in the Arabian and North African deserts, but it was their cross-breeding with horses from the colder north that produced the Thoroughbred and then the Standardbred racehorse.

Evolution gave horses, like people and unlike many other species, the ability to sweat to cool their bodies in the heat, and many of them take full advantage of the facility. On a hot day, a horse should sweat and a moderately wet animal is not likely to be inferior to the other horses in the field. However, if he seems seriously distressed by the heat he may have a problem that will play out in his racetrack performance. He shouldn’t have dramatically more sweat than the others in the field, his flanks shouldn’t be heaving with too-rapid breathing, and his nostrils shouldn’t be flaring dramatically. All are signs of heat distress. A rapid heartbeat is another warning sign, but you’re not likely to be aware of it. In most cases, the horse’s trainer will have already noticed signs of impending heat distress and you won’t be presented with the problem of betting on the horse. But in a few cases, you may need to pay attention to those warning signs.

Lack of sweat can also be a problem. Some horses are anhydrotic, which means that they don’t have the ability to sweat at all, thereby losing the capacity to cool themselves off through evaporation. An anhydrotic horse should not be racing on a hot day, probably shouldn’t be living in a hot climate, and should not be bet on if the temperature is high because he’ll be a likely candidate for heat-related disaster. If the day is hot and you see a horse without the slightest trace of dampness he may be anhydrotic and that’s not good. On a cool day you’re not likely to recognize that he’s anhydrotic and he most likely will have no problems anyway.

When a horse is sweating on a day that’s not particularly hot you have a greater challenge. Profuse sweating is a symptom of both severe pain and serious illness, but you are unlikely to see a horse with either problem in a post parade. You are more likely to see a horse suffering from one of the other causes of excessive equine sweat: fear, anger, agitation, nervousness. Whether any of these attitudes is likely to impact negatively on a horse’s performance depends on its intensity and how the horse behaves as a result of it. Many horses race best when they are a little nervous and some thrive on anger. Few perform well when fear overtakes them. If the emotions are intense you are likely to see signs in addition to sweating. Think carefully before betting on a sweaty horse with one or more of the other indicators: swishing or pinned tail, ears pinned back, white visible in the eyes.

Finally, you are going to have to consider kidney sweat. This is the thick white substance that often shows up between the hind legs. Some experts believe that kidney sweat is actually different from clear sweat, containing protein in addition to sodium and potassium, indicating greater kidney involvement. Others think that kidney sweat looks different because of the damp and dark location. Many handicappers automatically reject a horse showing any kidney sweat at all, while others are a little more flexible. A modest amount of kidney sweat between the hind legs is acceptable, but a foaming, dripping white substance there or elsewhere is not. White sweat on the back or neck rarely bodes well for your bet.

But always remember that horses are individuals. Some horses sweat more than others, even in situations where the weather is cool, they’re not nervous, and they feel just fine. If you have chosen to reject a sweaty horse that turns out to be a winner, remember it for the next time that horse shows up to race.

Do You want to know how to accelerate your pooches recovery time after spaying?

I know what it is like, I have found to spay or neuter your pet is a traumatic experience for both of you! After spaying Jess we had real problems with the wound area, it was red, and sore and you could tell she was distressed. She had also taken to constantly licking at her stitches as well.

How ever I have a Simple Little Secret – That will help aid a rapid recovery and ease the distress after spaying

The secret is an easily purchased oil. Here’s what to do. When you pooch first arrives home after spaying she could well be a bit groggy so make sure she is comfortable with a small amount of dry food and fresh water beside her.

Make sure they are in a quiet warm spot. Do not be tempted to wash her bed so its nice a clean for her return. Familiar smells are important to make her feel at home.

Warning – Then leave her alone do not make a fuss over her.

After 12 – 18 hours your dog will have recovered from the aesthetic and be more herself. Wait a day or so. Then genitally start to apply a small amount of Vitamin E Oil (not cream) to the wound. If she shows signs of distress it might still be a bit tender so stop and try the next day. The Vitamin E Oil will help moisturise the area stopping it from going dry and sore. It will also discourage your friend from licking at her stitches

Rustic Luxe decor is a look that is here, there and everywhere. To describe this look would be where city chic and rustic barn style overlaps in a cool fashion. Rustic woods, earth elements, antiques, faded fabrics and soft cotton throws come together in Rustic Luxury.Together they create interiors that brings together the best of both their worlds. Both feminine and masculine, the ying and the yang, mixed with a palette of warm browns, subtle taupe, white washes and multi layered textures.

Reclaimed distressed wood furniture is a style that speaks to several styles of interior decor but is must have to the rustic luxe look. These beautiful barn doors are made from wood salvaged from old Indian Havelis or buildings. An old door table immediately becomes the statement piece when added to a room. For the finesse of the reclaimed wood try a buffet with wrought iron railings and original tiles.

Metallics create the modern dimension of this look taking luxe into high fashion. Mirrors encased in old jharokha windows or through accessories like metallic hued fabrics and shiny candle holders. A traditionally inspired silver finished armchair, the Queen Of Hearts adds a touch of luxe classic to the room. This classic stands apart from the more worn pieces and the feminine metallic accessories.The kitchen uses rustic antique manjoosh, an Indian chest on wheels with elephants and peacock carvings as an island combined with crystal wine glasses creates luxury decor, practical yet eclectic.

The luxe cabinet styles with raised edges glazed doors in distressed white finish with a ceiling harnessed with warm cedar beams and planks creates a huge statement. Earth hue granite counter tops and back splash with and rustic bar stools pick up the story started by a professional range and a built-in refrigerator with custom doors made from old distressed woods.

The kitchen pantry is wrapped in rustic panels and a sliding barn door does the trick, working well with the mirrored tiles, and cabinet hardware which is porcelain hand painted knobs.Straight clean lines and the warmth of old woods close the space between traditional and rustic.

Creating a kaleidoscope of ideas, mixing unusual tribal earthy colors, getting away from the norm, yet keeping it classy and sophisticated, rustic luxe is the tribe norm. Warm turquoise patina buffets, smooth textured wood tones contrasting with sleek clean lines, tapestry fabrics with fabulous multi hued texture placed against smooth calf leather, mirrors and glass sprinkled in for decorative elegance.

Rustic Luxe is a lifestyle trend allowing the freedom to put favorite items together so that a person’s individual style shines. Create Rustic Luxe interiors with old antique doors carved by hand, telling the stories of the past, consoles and dining tables in distressed finish and armoires with tribal painting, a design trend that is timeless and as beautiful as you!

If you are a homeowner in distress or you have an unwanted property that is just sitting vacant collecting dust then I’m sure you have contemplated a discounted all cash offer from a real estate investor. I’m sure you have even received a dozen or more postcards and letters from investors begging you to sell them your home.

Should you consider taking this option?

There are many advantages to taking an all cash offer from an investor. Below are a list of reasons why you should consider taking this route.

1. Fast Cash. It’s not uncommon for a bank financed buyer to take 60-90 days before they can close on the property. With an ALL CASH buyer you can skip all the red tape of bank financing which allows these cash buyers to close within 7-10 days.

2. No Inspections Needed. With the tight requirements banks have these days your vacant or distressed property may not pass the bank or county inspections*. The cost of getting a property up to code can get costly. With a cash buyer they will more times than not buy it in its as-is condition with no inspections needed.

3. No realtor costs. Since you are dealing with investors shouldn’t have to pay any realtor or broker commissions. This can save you 6-7% right off the top. If the investor you are dealing with is a broker or agent and want to charge a commission, keep making calls until you find a buyer who is not a licensed broker.

4. Pay No Closing Costs. One big advantage of dealing with a cash buyer is that they have the cash to cover your closing costs. Most buyers in today’s market are asking anywhere from $3,000 – $5,000 in seller concessions. This is one expense you can avoid when dealing with a cash buyer.

5. No Qualifying Needed. It is not uncommon for a bank financed buyer to go through the home buying process only to get denied a day or two before the closing. With a cash buyer they have the ability to close immediately.

So as you can see taking a discounted price from an all cash investor doesn’t mean you will take a complete loss. The money you will save from dealing with a cash buyer reduces the amount you will pay dealing with a bank financed buyer. The cash buyer’s ability to close quickly without the hassle of dealing with inspectors and contractors will help you sleep much better at night.

*For more information on building inspectors click here.

All of us have had to say “I am sorry” at some stage or another in our lives. Whether you forgot the kids at school, said or did something that caused someone distress or, heaven forbid, forgot the anniversary or birthday of your significant other. Uttering those three simple words can prove to be quite difficult.

Actions speak louder than words

Through your actions you can show that you are truly remorseful. There are two very important things you need to realise before even thinking about apologising just for the sake of it. First is that you might have caused someone close to you distress. The other is admitting to yourself that you might have been wrong. On both accounts facing the truth can be quite unpleasant, which is why saying sorry is such a difficult thing to do.

Only once you’ve owned up to your transgression can you be sincere with your apology. The action of showing your sincerity and remorse should be done in person. Never apologise by phone, text message or email for this is not only impersonal but shows a lack of sincerity and regret.

Timing for saying you’re sorry is quite important. Don’t allow too much time to pass before you apologise for your wrongdoing as this might seem like a reaction just to get back into the good graces of your friend, family member or loved one. On the other hand, if you apologise whilst in the heat of the moment the chances are that the apology might fall upon deaf ears. Let things cool down a little before you make amends, but don’t wait too long.

How to make amends

Some might say that giving flowers as a way to say you are sorry is clichéd, but the fact still stands that flowers or gifts are a great step towards forgiveness. Show your sincerity to make amends by taking the time and making the effort.

When you choose a gift or buy your “I’m sorry” flowers, keep in mind who you are saying sorry to. It will most definitely count in your favour if you’ve chosen their favourite flowers or a bouquet of their favourite colour.

In instances where you do not know these kinds of details, a professional florist should be able to assist you. Florists’ knowledge and experience includes creating a special bouquet that will surely make an impact when you want to express regret. You can also add a gift to really smooth things over.

Although apologising is best done in person it is sometimes not possible due to a number of reasons. In such instances having a beautiful bouquet delivered right to the person’s doorstep is an ideal touch. In view of the fact that apologising should be done sooner rather than later, you can make use of a same-day flower and gift delivery service that reputable florists offer.

No matter how big or small your transgression, saying those three words like you mean them is never an easy thing to do. However, being prepared with flowers and gifts in hand as well as a sincere apology will make saying “I am sorry” every bit worth the effort.

This article will highlight how people generally respond to distress; and especially the distress of job search pressure and how to manage that stress and the results of your job search by effectively dealing with job search pressure.

The conventional wisdom surrounding people’s responses to pressure typically revolve around two behavior models: The type A personality, who becomes consumed with anxiety over pressure situations, and has a tendency to become angry and unreasonable; and the type B personality, who remains unaffected and carries on with business as usual.

However, among psychologists, a third type of personality has emerged: type C. Type C personalities actually thrive on pressure, turning in their best work under stressful circumstances. The big difference between type C and types A and B seems to be the ability to commit to a task without making the process about their own egos.

Apparently, the type A personality unconsciously ties their feelings of self-worth to success in the area of work and career. When a situation arises that puts performance pressure on this type of person, they perceive it as a threat to their self-image – the way they perceive their value to themselves and friends and loved ones – and thereby respond from a place of fear and panic.

The type B personality has successfully avoided tying up their self-image with their employment, but in such a way that he or she is minimally, if at all, emotionally engaged in work and career. While the type B personality does not give in to the mania that will affect a type A, they also have little motivation to step up to the plate and deliver if job search circumstances demand extra commitment.

The type C personality, on the other hand, seems able to commit to whatever time and effort is required to bring in a job search goal on a tight schedule and budget.

Many of us would like to assume we are that resourceful type C personality; and the truth is… even if you are currently a type A or type B, you can become a type C personality by consciously choosing how to respond to any situation, instead of simply reacting from emotional upset or disconnection from a required task. It takes discipline, willpower and presence of mind to choose to respond in a mature, productive fashion; but with practice, those personality skills can become habit, and your job search life will change for the better.

A major part of becoming a type C personality is to recognize vicious cycles in your behavior. There are telltale signs that you are entering a destructive cycle of emotion motivated reactions to pressure filled job search situations. Whether your emotions kick into overdrive, and you become an abusive, overbearing person, or your emotions shut down and you simply refuse to invest in what’s going on around you, learn to spot the symptoms that signal the start of these cycles. For example, some people start losing sleep, or drinking too much coffee or alcohol. Some people turn inside themselves, and stop communicating and socializing with others. Whatever the early behaviors are that signal to you that you are starting a vicious cycle of negative, anti job search behavior, you can notice these symptoms and thereby prevent yourself from generating non-productive and self-defeating job search behavior patterns before they take over.

But simple recognition of these early signs of unhealthy behavior is not enough. These behaviors are habits, and like all habits are very hard to break, unless you replace them with other habits. Put positive, productive job search behaviors in place of the unhealthy ones, and you will find that your entire outlook on life, and not just your job, will change. For instance, if you normally lie awake nights during pressure periods, worrying about aspects of the situation that are beyond your control, you might get out of bed and work on one or another of the job search tasks you require to complete. The act of writing, for many people, takes the power out of problems, and once the particulars are on paper, a solution often presents itself. Or when you feel yourself withdrawing at work on your search for a good job, as the circumstances get tense, try communicating with someone – a job search counselor or advisor, or a friend, your spouse, or possibly a therapist – about your desire to isolate yourself from your stress filled job search. Again, just saying out loud what the problem is, can often take away much of the power that it has over your emotions.

In order to move successfully a less stressful job search scenario, you must be willing to follow the principles of the three Cs – commitment, confidence and control. It is through these three principles that you may build a framework by which you can make those conscious decisions to behave in a productive fashion.

Of course, this is no small job search task. All must be performed to generate a job offer from your chosen vocation. You may need assistance. There are many effective tactics by which you can manage stress, to keep the peace of mind you need to make the right decisions during your job search. For example, find yourself a good stress management program, and follow a healthy diet, with regular exercise and relaxation techniques.

For many of us, a job search is a high pressure situation. Assure yourself that your decisions are based on your commitment to get the best job out there. Do that, and you may find more strength and energy to complete job search research, and development of materials, and job search correspondence, job interviews, job interview call backs, follow-ups, and other details that must be handled professionally in order for an employer to conclude that you are the kind of person that they want to have in their company. In all truth, you are that person now or you would not be reading this article. So just remember… there is no better way to get a job than to be exactly what they are looking for.

GOOD LUCK WITH YOUR JOB SEARCH!

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The new Companies Act No. 71 of 2008 (new Companies Act) provides an opportunity for companies that are trading under financially distressed circumstances, to apply for the temporary supervision of the company by a trained Business Rescue Practitioner, who would take over the management of the company’s affairs, business and property for an interim period.

If a company is financially distressed:

• it appears reasonably unlikely that the company will be able to pay all of its debts as they fall due and payable in the immediately ensuing six months; or

• it appears reasonably likely that the company will become insolvent within the immediately ensuing six months.

Business rescue or liquidation

In the past, companies in financial distress in South Africa have had no alternative but to launch proceedings for liquidation. Unfortunately, once liquidated, a company’s assets are generally sold at fire sale values. From time to time, businesses are sold as going concerns by liquidators, but these instances are few and far between. Thus liquidation proceedings have historically resulted in very small or marginal dividends for creditors.

Under the new legislative framework, directors have a very difficult choice to make – to file for business rescue or for liquidation. If the board of a company has reasonable grounds to believe that the company is financially distressed, but the board decides not to adopt a resolution for rescue, a written notice must be delivered to all creditors setting out the basis upon which the company is financially distressed and why it is not proceeding with an application for business rescue.

This is a section 129(7) notice, the purpose of which is to warn all creditors that if they deal with a company that is financially distressed, they do so at their own risk, particularly when goods are supplied on credit.

The introduction of business rescue brings South Africa into line with overseas jurisdictions, such as the existing Chapter 11 judicial processes in the United States and the Administration processes in both Australia and the United Kingdom.

The aim

The aim is to provide a temporary moratorium on the rights of all creditors to proceed against the company during the business rescue period. Ultimately, the Business Rescue Practitioner (who has to be licensed by the Commission of Intellectual Property and Companies (CIPC)) is tasked with the development and implementation, if approved by creditors and other stakeholders, of a plan to rescue the company by restructuring its affairs, business, property, debt and other liabilities and equity in a manner that maximises the likelihood of the company continuing in existence on a solvent basis.

If this cannot be achieved, the aim would be to provide a plan which would result in a better return for the company’s creditors or shareholders than would result from the immediate liquidation of the company.

The main aim for efficient rescue and recovery of financially distressed companies is one which seeks to achieve the objective of balancing the rights and interests of all relevant stakeholders, particularly those of the creditors, employees, shareholders and the company itself.

Business rescue filings

Business Rescue has been available to financially distressed companies since 1 May 2011. Since the date of implementation of the new provisions, there have already been a significant number of filings. According to the CIPC, there have been 280 notices to commence Business Rescue since 1 May 2011. The procedure is open to all companies, namely private companies, public companies and close corporations. So far, private companies have been the majority in respect of rescue filings.

The CIPC have indicated that the number of companies that have taken the decision, either through resolution or through a court application, to apply for the commencement of rescue proceedings remains an ongoing process and one which demonstrates that rescue could possibly offer an alternative to liquidation. Recent liquidation statistics (as at December 2011), indicate that the number of liquidations for 2011, fell by 10.8% year on year and when compared to the same period in 2010.

According to the CIPC, the sectors which have filed for rescue are mining, property and real estate, quarrying, electricity, gas and water, transport, storage and communication.

From an analysis of the above, it is clear that the property and real estate industry have been at the forefront in respect of rescue filings. This is as a direct result of a decrease in property prices and general depression in the real estate market. Many of the companies that have opted for business rescue in the real estate industry have been limited to groups of investment schemes that were administered as property syndications which ultimately ended up in a financially distressed situation. There have also been rescue filings in the services sector which includes transport and logistics, tourism, hotel services and general services.

In the manufacturing industry various companies and close corporations have also filed for rescue and which are evenly spread out amongst the various sectors.

Conclusion

It has certainly become evident that rescue is an alternative option for companies that are facing insolvency. Rather than being placed in liquidation, business rescue does provide an alternative scheme for creditors to be settled within a reasonable period and in terms of the rescue plan.

Often, the dividend offered in a business rescue scenario is far greater than that which would be received in liquidation. Rather than sink, a company often needs to have the alternative of a moratorium period within which to restructure burdensome debt which threatens the solvency of the company. “Treading water” for the period of the rescue proceedings would often allow a company to be saved.

Just as the National Credit Act assisted in keeping individuals from being sequestrated, rescue proceedings should ultimately reduce the number of liquidations in the South African economy.

It has become evident that many businesses are filing for business rescue purely as a delaying tactic and in order to avoid having to make payment to creditors. It allows a temporary moratorium on debt repayment. Obviously the courts are dealing with those applications which are deemed to be an abuse of the process and which do not have the true objectives envisaged by the rescue procedure.

What is critical is the ability of the Business Rescue Practitioner to devise a coherent plan that creditors can properly understand and vote upon to finality.

Already a body of case law is being developed by our High Courts throughout South Africa in respect of providing rulings and guidelines to enable all stakeholders to understand the mechanics of the new provisions and the manner in which business rescue should operate.

One of the ultimate objectives is to save jobs and to reduce unemployment. Although, to date only six business rescue plans have been accepted by creditors, we remain in the system’s infancy and over time, particularly in 2012, should the need arise, rescue might very well become the norm rather than the resultant negative impact of liquidation.