by VDT Attorneys | Apr 11, 2019 | Contract, Insolvency, Lease, Property
Generally rental agreements will contain a clause that stipulates that the lease agreement will terminate upon the insolvency of the tenant. However, such provisions may not provide the necessary protection if the provisions of the Insolvency Act 24 of 1936 are not...
by VDT Attorneys | Aug 8, 2018 | Business, Business Rescue, Commercial, Company, Director, Insolvency, Shares
The short answer to this question is no. Your company creditors should not be able to come after you personally. But, this is a qualified no. At the core of our company law is the concept of limited liability which implies that the shareholders and directors of the...
by VDT Attorneys | Sep 12, 2016 | Insolvency
The position regarding sequestration is often unclear to Joe Public, and the perception can easily arise that it’s an easy way to escape your responsibilities. Firstly, it is important to understand that sequestration can only take place by way of a court order. A...
by VDT Attorneys | Feb 20, 2013 | Insolvency, Property
Spouses married in community of property will have their joint estate declared insolvent, and accordingly both spouses will be insolvent. A major provision of the Insolvency Act is where spouses are married out of community of property. The Act provides that all...
by VDT Attorneys | Feb 20, 2013 | Insolvency, Property
Gades getroud binne gemeenskap van goedere se gemeenskaplike boedel word insolvent verklaar, en dus is beide gades insolvent. ‘n Ingrypende bepaling van die Insolvensiewet is waar gades buite gemeenskap van goedere getroud is. Die Wet bepaal dat alle bates (roerend en...
