Wind Up Wind Down

Sequestration is a formal legal process in South Africa that allows an insolvent individual to be declared bankrupt, so that a court-appointed trustee can take control of their estate. The goal of sequestration is to ensure that creditors receive a fair and orderly distribution of what an insolvent person can offer. But one of the most common and most misunderstood questions is whether sequestration is possible when a debtor has no assets at all. Is Sequestration possible wit

When a company in South Africa reaches the end of its operational life, it may consider ceasing its activities. Companies may either consider deregistration with the CIPC or liquidation via a court order. While both result in the company being removed from the official register, they differ significantly in purpose, procedure, and financial implications. In this article, we understand the difference between company deregistration and company liquidation in South Africa.

Approximately 12 million adults in South Africa struggle with unmanageable debt, according to the Finmark Trust. One legal solution that often comes up in this context is Sequestration, a process in which an individual voluntarily applies to be declared insolvent by a court. The court then appoints a trustee to manage and distribute the insolvent party's assets to its creditors. But the big question remains: Is sequestration a good idea in South Africa? In this article, we ex