HOW MUCH ASSETS DO I REQUIRE TO SEQUESTRATE?
- In order to sequestrate and in terms of the Insolvency Act 24 of 1936 it must be proven that there will be a benefit to creditors.
- Initially the South African courts required that each concurrent creditor received at least 10 cents to the rand.
- Preferred creditors on the other hand need to be paid in full, limited to the value of their security.
- Currently it is required that a concurrent creditor must receive 20 cents to the rand.
- A valuator will be appointed to attend to the valuation of your goods to determine whether there will be enough benefit for creditors.
- A preferred creditor holds security and mostly takes the form of a bank in respect of a bonded property.
- It is important to note that there must also be enough assets or cash in the insolvent estate to ensure that the administrative costs of the estate are paid.
- Your children’s assets will be excluded from the insolvent estate