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Director Delinquency Declarations: Managing Your Risk

Director Delinquency Declarations: Managing Your Risk

by Swarts Marais Attorneys | Mar 26, 2026 | Company / Corporate / Compliance

“Knowledge is power.” (Sir Francis Bacon) Being a company director carries not only rewards but also risks that you need to manage carefully. In particular, you are held by the Companies Act to a high standard of conduct. Breaching any of your many duties and...
Prescription, Procrastination, and Personal Liability for Corporate Debts

Prescription, Procrastination, and Personal Liability for Corporate Debts

by Swarts Marais Attorneys | Nov 25, 2025 | Company / Corporate / Compliance, Debt Recovery, Insolvency / Liquidation

“I have heard that in war, haste can be folly, but have never seen delay that was wise.” (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of...
What Can You do When a Director Deadlock is Killing Your Company?

What Can You do When a Director Deadlock is Killing Your Company?

by Swarts Marais Attorneys | Jul 28, 2025 | Company / Corporate / Compliance, Insolvency / Liquidation

“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can no...
Directors: Here’s How to Avoid Being Sued for Company Debts

Directors: Here’s How to Avoid Being Sued for Company Debts

by Swarts Marais Attorneys | Jan 7, 2025 | Company / Corporate / Compliance

“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze...
Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

by Swarts Marais Attorneys | Jan 4, 2024 | Company / Corporate / Compliance, Debt Recovery

“He who is quick to borrow is slow to pay” (Old proverb) A recent High Court decision means that, for the first time, creditors of debtor companies are specifically cleared to apply for the company’s directors to be declared “delinquent” in certain circumstances. And...

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Swarts Marais - Contact Details

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021 981 3837

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info@swartsmarais.co.za

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Ground Floor, Block C, Belvedere Office Park Pasita Street, Belville, 7530 Docex 12, Tygervaley

Honesty and Integrity is at the core of our beliefs

Swarts Marais Attorneys is a boutique law firm situated in Tyger Valley. Neil Swarts and Gerna Marais have been practising law in the Northern Suburbs for more than three decades combined, and have recently joined forces and moved to their new offices in the Tyger Valley area.

Contact Details



021 981 3837



info@swartsmarais.co.za



Ground Floor, Block C, Belvedere Office Park Pasita Street, Bellville, 7530 Docex 12, Tygervaley

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