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Who handles the liquidation process?

Several different people and offices touch a liquidation, each with a specific role. Knowing who does what helps demystify a process that can feel opaque from the outside.

The liquidator

The central figure. The liquidator is a licensed professional appointed by the Master of the High Court to wind up the company. They take legal control once appointed, value and sell company assets, communicate with creditors, distribute proceeds in legal priority order, and prepare the final winding-up account. Most liquidators are insolvency practitioners or attorneys with the required licensing.

The Master of the High Court

The Master is the government office that oversees insolvency matters in South Africa. They approve the appointment of the liquidator, supervise the process, and approve the final liquidation and distribution account before the company is dissolved. There's a Master's office for each High Court division.

The High Court

For voluntary liquidation, an advocate appears in the High Court to present the application. The court grants the formal liquidation order. Directors do not need to attend court personally — the advocate appears on the company's behalf.

Partner attorneys

Attorneys prepare the formal application, the supporting affidavits, the resolutions, and lodge everything with the relevant court and Master's office. Specialist liquidation attorneys handle these applications routinely and know the local court's requirements.

Your role as director

During the application phase: you sign the special resolution and provide accurate information about the company's debts, assets, and creditors. Once liquidation begins: you cooperate with the liquidator — hand over records, answer questions, assist with debtor recovery where needed — but you no longer manage the company.

The consultation and guidance team

This is where firms like The Debt Company come in. They're your single point of contact: they assess your situation in a free consultation, match you to the right specialist attorneys and liquidators, coordinate the whole process, and keep you informed throughout. The formal legal work is done by the qualified specialists; the guidance team makes sure you understand and stay involved.

SARS and creditors

SARS and creditors are notified once liquidation begins. They lodge claims with the liquidator and participate in any creditors' meetings called during the process.

// IMPORTANT

Every case is unique. The information on this page is general guidance and may become outdated as laws and procedures change without notice. It is not legal or financial advice and should not be relied on as a substitute for proper advice on your specific circumstances. Please get a free, confidential assessment of your situation before acting on anything you read here.

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