Independent Trustees - Seminars - Insolvency Workshop

CNA In Liquidation

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Western Cape : Tel: (021) 880 5400
Gauteng : Tel: (011) 285-2300

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Western Cape	Blaauwklip Office Park 2 Webersvallei Rd, Stellenbosch Tel: (021) 880 5400 Fax: (021) 880 5430 P O Box 820 Stellenbosch, 7599

Gauteng	367 Oak Ave, Ferndale, Randburg Tel: (011) 285-2300 Fax: (011) 285-2319 PO Box 1935 Randburg, 2125

History & Background

Similarities & Origin
"Cessio Bonorum"
Present

Sequestration, Liquidation & Curatorship

Sequestration
Liquidation
Curatorship

Different Methods of Liquidation

Voluntary Winding up by Members
Voluntary winding up by the Members - Process
Voluntary winding up by Creditors – Reason & Process

Winding up by the Court

The Applicant
The Company
A Creditor
A Member
The Master
The Provisional or final judicial manager
The Minister

Grounds for Liquidation

Inability to Pay Debts

Leading up to Insolvency

Section 311 of the Companies Act61 of1973

Process to follow

Compromise or Arrangement

Limitation on Company Effecting Arrangement

Case Studies

Ex Parte Kaplan and Others NNO in re Robin Consolidated Industries Ltd 1987 (3) SA 413 (W)
M L De Villiers NNO in re Carbon Development
Ex Parte Liquidator, Vautid Wear Parts (Pty) Ltd 2000 (3) SA 96 (W)
Subordinated Debt Ex Parte De Villiers and Another NNO in re Carbon Developments (Pty) Ltd (in liquidation) 1993 (1) SA 493 (A)

"...companies get into financial difficulty for a number of reasons. The business model fails or a good business model is badly managed, whatever happens, we often arrive at the scene of a corporate accident. That is our business!"
Hans Klopper
Managing Director

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