Articles

Been Appointed as a Liquidator?

This means a company has either filed for voluntary liquidation or a creditor has placed the company into liquidation and creditors have motivated or endorsed your appointment as liquidator of the company (in liquidation) and the Master having regard to this support received from creditors as well exercising its own discretion, has requested you to…

Celebrating our Shackleton Risk Ladies!

Shackleton Risk has more than 60 ladies who dedicate their work day to the provision of world class service to our clients. The 09th of August represents Women’s Day in South Africa, a day commemorating the day 20,000 women marched on the Union Buildings in Pretoria in 1956 to petition against legislation that required African persons…

Masters of our Universe

Our current book has over 18 500 actives bonds of surety. Each of these bonds generate significant paperwork together with our service offering of preparing, lodging and following up with all the bond related queries. We have an experienced administration team who monitor and drive the process but our secret lies in our specialised Masters…

Everything You Need to Know about Surety Bonds

Executors, curators, liquidators and trustees (commonly referred to as “Estate Administrators”) may be required to furnish security to the satisfaction of the Master for their administration prior to commencement of their duties in any estate. Where they are so required to do, they may approach SRM for a security bond, which is also known as…

Advantages of Using a Brokerage with a National Footprint

In the highly competitive insurance brokerage industry, service delivery is of utmost importance. At Shackleton Risk Management (“SRM”) we are able to provide our services nationally across South Africa. With offices in Johannesburg, Pretoria, Durban, Cape Town, Port Elizabeth, Bloemfontein and Nelspruit and representation in Grahamstown, Kimberley and Mmabatho, we are able to be the…

Who Needs Business Rescue Insurance?

By now you would have heard the term “business rescue”.  Chapter 6 of the new Companies Act, 2008 introduced business rescue as a legal mechanism to turnaround South Africa companies in “financial distress” or trading in insolvent circumstances.   The Act sets out that this process should be opted for at the first sign of financial…

Business Rescue vs Liquidation in South Africa

Simply put, a liquidation and business rescue can be compared to a shut down versus rehabilitation. Liquidation (also known as “winding up”) is when a debtor company which owes money to a creditor is wound up.  The creditor would typically apply to court to after having demanded payment from the debtor company to no avail, to…

Don’t Be Without PI Insurance

Possibly one of the worst betrayals is when a professional individual paid to look after a client’s  interests, neglects their duty in a way that leaves the client physically, financially, emotionally  or legally compromised – or suffering a combination of all these. Professional negligence is a breach of the duty of care between a professional…

Impersonation Fraud

 Impersonation fraud is becoming the number one risk for legal practices, particularly conveyancing firms and can result in firms and their clients losing hundreds of thousands of rands. Impersonators prey on the fact that clients choose to communicate with their attorneys by email. This has many advantages as it is fast, convenient and hassle free…

Why Shackleton Top-Up Indemnity Insurance for Professionals?

WHY SHACKLETON TOP-UP INDEMNITY INSURANCE FOR PROFESSIONALS? The limit of professional indemnity cover for negligent acts, errors or omissions committed by legal practitioners offered by the AIIF is limited in its amount annual and scope. The limit is determined by the number of directors of the firm meaning the smallest amount of cover is offered…

The appointment of a Tutor, when and how?

A tutor may be appointed over the estate of a minor where necessary. A child or minor is defined in the Children’s Act as meaning a person under the age of 18 years. The general rule is that minors are under disability in that the law does not regard them as capable of managing their…

Punitive Costs Orders for Executors

Punitive costs orders for executors who fail to lodge accounts or perform their duties The Administration of Estates Act, 1965 (“the Act”) provides that if an executor fails to lodge any account with the Master as and when required to by the Act or to lodge any voucher or vouchers in support of such account…