When people hear the word “sequestration,” they often associate it with a permanent financial end. However, at Francois Uys Inc. Attorneys, we view personal sequestration as a strategic beginning—a bridge that leads you away from insurmountable debt and toward a clean slate.
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For many business owners, the word “liquidation” carries a heavy weight. It is often viewed as a sign of failure or the end of a dream. However, in the complex South African economic landscape, liquidation is frequently the most responsible—and legally necessary—action
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Living under the weight of unmanageable debt is more than just a financial burden; it is a psychological one. The constant phone calls from creditors, the threat of garnishee orders, and the looming fear of losing your home can make it feel
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For many South Africans, the word “sequestration” carries a heavy weight. It is often viewed as an end-point—a final admission of financial defeat. However, at Francois Uys Inc. Attorneys, we view sequestration differently: it is a legal tool designed to provide relief
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When a business faces insurmountable debt, the “unknown” is often more stressful than the debt itself. Many directors hesitate to liquidate simply because they don’t know what happens once the process begins.
The South African economic climate in 2026 has presented unprecedented challenges for local businesses. From the April tariff hikes in electricity and fuel to shifting market demands, many directors find themselves at a critical crossroads: Should we fight to save the company through Business Rescue, or is it time for an orderly Liquidation?
When a company faces liquidation, the path to recovery is often obscured by missing financial records, complex transactions, and uncooperative stakeholders. For creditors and liquidators, the primary goal is clear: maximize recovery. However, achieving this requires a deep dive into the company’s history to uncover hidden assets or instances of mismanagement.
When you undergo sequestration, it provides immediate relief from the crushing weight of debt. But while the harassment stops, your financial life remains in a state of “limbo.” Many South Africans believe they should simply wait out the 10-year automatic rehabilitation period to save on legal costs.
Under the Companies Act 61 of 1973, Sections 417 and 418 serve as powerful tools for liquidators to investigate the affairs, property, and conduct of an insolvent company. However, a critical jurisdictional question often arises: Can these enquiries be convened if the
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In the realm of corporate insolvency, few provisions carry as much weight—or have sparked as much constitutional debate—as Section 417 (read with Section 418) of the Companies Act 61 of 1973. While these sections grant liquidators formidable powers to investigate a company’s
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