Sequestrations

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  • What route to take when you are financially distressed?
  • How to deal with creditors who are continuously harassing me?
  • What route to take when I am unable to settle its debts when it becomes due and owing.

Who can be sequestrated?

  • a natural person
  • deceased estate
  • partnerships
  • a trust
  • a club

VOLUNTARY SEQUESTRATION:

You can petition to court in order to have yourself be declared insolvent (surrender of the estate). Your creditors must at least receive 20 cents out of the rand by the selling of your assets by the appointed trustee.

COMPULSORY SEQUESTRATION:

A creditor can apply to court to have an estate sequestrated based on factual insolvency of the estate or an act of insolvency which was comitted

THE PROCESS

The Master appoints a trustee(s) who is tasked with the administration of the insolvent estate (sell company assets and distributes the proceeds between different categories of creditors)

REHABILITATION

The rehabilitation of an insolvent estate signifies the end of insolvency. Rehabilitation enables a person who has been sequestrated to make a fresh start regarding their financial status.

Rehabilitation automatically takes place after 10 years or by order of court where creditors obtained not less than 50 cents in the rand, alternatively by the lapsed of the prescribed period of the first account.

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Faerie Glen
Pretoria
Gauteng
0181

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E-mail: info@xpertilink.co.za

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