Our Services

At Moloto Weiss Attorneys, we understand that facing financial distress can be overwhelming and stressful. Our dedicated team of professionals is here to provide compassionate, practical and tailored legal solutions to help you navigate the complexities of insolvency. Whether you are an individual or a business, we aim to minimise your risk while guiding you toward the best possible outcome.

What is insolvency?

Insolvency refers to a situation where a person or entity cannot pay their debts as they become due, and their liabilities exceed their assets. South African law provides several legal mechanisms to address insolvency, offering individuals and companies the opportunity to restructure, liquidate or rehabilitate their financial situation.

Our services include:

Liquidation of Companies and Close Corporations

If a company's liabilities outweigh its assets and it can no longer meet its financial obligations, liquidation may be the best course of action. Voluntary liquidation allows companies to manage the process proactively, avoiding hostile creditor actions and protecting their reputation.

Our team will assist with:

• Filing necessary applications with the Companies and Intellectual Property Commission (CIPC) or the High Court.
• Liaising with appointed liquidators to ensure a smooth and compliant process.
• Providing legal advice throughout the winding-up process.

Sequestration of Individuals and Partnerships

For individuals or partnerships overwhelmed by debt, voluntary sequestration can offer relief from creditor action.

This process involves:

• Appointing a trustee to manage the insolvent estate.
• Liquidating assets to settle debts in accordance with South African insolvency laws.
• Providing legal and practical advice to help you navigate the terms of sequestration, including its limitations and eventual rehabilitation.

Voluntary Surrender of Estates

When financial pressures become unmanageable, individuals may choose to voluntarily surrender their estate.

Our attorneys provide:

• Step-by-step guidance on the surrender process.
• Assistance with preparing and filing the necessary court documents.
• Advice on the implications and benefits of voluntary surrender.

Debt Review and Business Rescue Proceedings

For businesses and individuals seeking alternatives to liquidation or sequestration, we offer support in:

• Restructuring debt through formal debt review processes.
• Exploring business rescue options to revive financially distressed companies.
• Advising on practical strategies to stabilise and recover financial health.

Why Choose Moloto Weiss Attorneys?

• 1. Specialist expertise: Our team is well-versed in South Africa’s insolvency laws, including the Insolvency Act 24 of 1936 and the Companies Act, ensuring you receive accurate and effective legal representation.
• 2. Tailored solutions: We provide personalised advice, recognising that each client’s financial situation is unique.
• 3. Minimising risk: We work to protect your rights, reduce your exposure and ensure compliance with all legal requirements.

Take the first step toward financial stability

If you’re facing financial difficulties, let us help you find a way forward. Complete and submit our electronic form, and one of our friendly representatives will contact you to schedule a consultation.

At Moloto Weiss Attorneys, we are committed to supporting you through every stage of the insolvency process with professionalism and care.