Insolvency

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When a company has reached the end of its lifecycle, we can put in place the most appropriate strategy for all concerned. We have extensive experience winding down entities and minimising the impact on shareholders – be they personal or corporate shareholders.

Our intention is always to address any immediate challenges, preserving value where we can.

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Our tailored advice and support will identify and deliver the optimal restructuring solution for your business.

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In addition, we have significant experience with contentious insolvency procedures and our team is well-versed in identifying and pursuing claims under the relevant laws and legislation in the countries in which you operate. As an integrated, international partnership, we have the scale and local knowledge to support you in every market you operate in.

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We have enhanced recoveries for the benefit of creditors by way of commercial settlements and, when necessary, litigation.  On many occasions, the recoveries achieved through our investigations have been the only source of funds for the insolvent estate.

Our team regularly pursue claims arising from transactions at undervalue, preferences, breach of duty/misfeasance, unlawful dividends, wrongful or fraudulent trading, as well as seeking the repayment of outstanding loans from directors and third parties. 

Investigating fraud and tracing assets, often on an international scale, is made more effective by our global network of offices and in-house forensic experts.

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BUSINESS PRINCIPLES

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Mission

 

Sebenza Trust continues to be a creditor-orientated business, as envisaged by the letter and spirit of the Insolvency Act.  Our aim is to professionally serve the creditors of insolvent estates by extensively searching for maximum financial recovery and allocating dividends to creditors in accordance with the prescribed order of preference, quickly and efficiently.  Through competent professional conduct we strive to establish and maintain stable relationships with creditors, whilst remaining within the ambit of the law.

That said Sebenza Trust has achieved a reputation as a firm that does not focus on the negative aspects of insolvency.  We firmly believe that many entities in liquidation can be salvaged, thus saving jobs and livelihoods of a great many fellow South Africans.

From this stance, our team is actively involved in the on-going operation of several companies in liquidation, constantly providing on-going employment to a great many employees of such companies who would have been without any income, had we not taken the initiative.

 

It is in our experience that often the employees of a company are the innocent victims of circumstances, leaving them desperate and without any income following the insolvency of the employer.  We maintain that it is easier to preserve employment by salvaging liquidated Companies, than it is to create new employment with new ventures.  The training, skills, and stability that go with existing employment are too valuable to be lost through the inconsiderate application of a cold administrative process such as insolvency.

Further to this, we have found that the financial considerations of salvaging a liquidated company outweigh the usual selling of the bare assets by far, thus benefiting creditors.

 

Business focus

 

It is our firm’s overriding policy to serve creditors of the insolvent estate to the absolute best of our ability, applying the Law to the fullest, while forming long-lasting relationships with creditors and service providers.  

 

AIMS AND  OBJECTIVES

 

Sebenza Trust is committed to building a future based on empowered human resources, service excellence, and creditor satisfaction.

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Sebenza Trust is a functional team consolidated from diverse disciplines, life experiences, and corporate cultures.  This is a distinct advantage when facing the complex challenges of the insolvency world.

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Our ongoing training program, with regular sessions aimed at the transfer of knowledge and expertise, is constantly bearing fruit.  Employees currently employed in minor capacities are receiving ongoing training. Sebenza Trust is proud to fund our employees’ ongoing studies and course fees and will continue to support their growth in the professional arena, as we have done with various other successful entrants to this challenging professional environment.

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We aim to grow people by offering meaningful employment with adequate compensation, recognition in the working environment, leadership, and establishing good human relations.  Our team aims to identify, and train disadvantaged individuals, P D I’s, handicapped people, etc., and thus creating sustainable career opportunities while adding committed members to our team.

 

We are also actively involved in the ongoing training of Black Prospective Trustees, where we act as the principal giving leadership, advice, and training on the estates where they are appointed, whilst they are regarded by the Master as too inexperienced or junior to successfully handle sole appointments.

Our underlying philosophy is that empowerment is not just about giving power or money, but rather about creating an environment to release the inherent power in all of us, providing experience, guidance, and support to harness that power to the betterment of every individual, by continuously striving for professional excellence.  We have clear and eminently achievable growth paths and careers for all our team members, all motivated by their hunger for success.

 

KEY TO SUCCESS

Through experience, we have identified two keys to success: Infrastructure and Personnel closely linked.

 

Our infrastructure is solid, utilizing tried and tested systems whilst experienced professionals, backed by capable support staff our all over South Africa and the USA, apply our proven methods.

 

We regard the liberation of the talents of our people to be an essential ingredient of success; hence, our company is structured to promote the empowerment of all, particularly the previously disadvantaged.

 

SECURITY TO THE MASTER

 

We attach proof of our Bond facilities and wish to point out that this is our current facility, but that this can be increased immediately if necessary.

 

EXPERIENCE IN THE FIELD OF INSOLVENCY

 

As can be seen from the personal profiles below, every member of Sebenza Trust is a well-polished professional person in their own right.  A full list of matters successfully completed as well as currently in the process can.

be furnished if required.