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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...
When Liquidation is Inevitable: A Bad Faith Business Rescue Application Backfires

When Liquidation is Inevitable: A Bad Faith Business Rescue Application Backfires

by Swarts Marais Attorneys | Sep 25, 2025 | Business Rescue, Insolvency / Liquidation

“If you’re flogging a dead horse, make sure you’re not riding it.” (Josh Stern) Creditors and company directors alike need to know how best to deal with a company in financial distress. Both should learn to recognise the difference between an...
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...
Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

Ponzi Schemes: Can Liquidators Claw Back 600% of Payouts?

by Swarts Marais Attorneys | Feb 26, 2024 | General Interest, Insolvency / Liquidation

“MTl’s business clearly amounted to an unlawful ponzi-scheme, i.e. a fraudulent investing scam promising high rates of return to investors and generating returns for earlier investors with investments taken from later investors.” (Extract from the MTI judgment)...

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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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