Wind Up Wind Down

A company experiencing financial difficulty does not automatically make its directors personally liable for its debts. However, personal surety, reckless trading, SARS debt and certain transactions can create personal exposure. Understanding when company debt can become a director’s personal responsibility is an important first step when a business is facing insolvency.

What happens to personal assets during business liquidation in South Africa? Personal assets do not automatically form part of a company’s liquidation. However, if you signed personal surety and company assets cannot settle the debt, you may be personally liable for the shortfall.