A shocker: according to Trading Economics, 132 businesses filed for bankruptcy or were declared bankrupt in June 2021, down from 191 in May 2021. Additionally, given the high rates of unemployment in South Africa, our economy is far from rosy.

Note that a company does not need to have assets to be declared bankrupt. If the liabilities exceed its assets and it is unable to pay debts when these become due, the business must liquidate, according to the Companies Act. Liquidation is the process of bringing a business to an end and distributing its assets to claimants, which occurs when a company becomes insolvent (a financial state of affairs wherein the individual/business’s income is insufficient to pay its monthly expenses and debt). This is also known as “winding–up”.
Liquidation of a business/company, according to SARS may happen:
- When a business/company is unable to pay its debts
- As a result of a legal court process
- By application of the creditors
- Voluntary, i.e. applied for by members of a Close Corporation (CC)
- When the business owner decides to do something different, or even perhaps retires for a well-earned rest.
There are two distinct types of insolvency: factual insolvency and commercial insolvency. When a company’s liabilities outweigh its assets, it is said to be in fact insolvent since it is unable to make payments on its debts when they become due. Even though the company has more assets than obligations, commercial insolvency happens when there is not enough cash on hand to fulfill the bills.
One of the benefits of being a shareholder is the protection limited liability provides. When a corporation is liquidated, the majority of the time the remaining debts are wiped off, and the shareholders are not held personally responsible for the firm’s debts. However, a court may rule that the directors and stockholders may be held personally accountable if it is discovered that the business was running when it actually should have filed for liquidation.
Apart from liquidation, another way is for a business to deregister. When a company voluntarily deregisters with the Companies and Intellectual Property Commission (CIPC), it implies the business/company is no longer registered and has no legal standing since it’s not doing any business nor has assets or liabilities.
Once a business/company receives confirmation from CIPC that they have been deregistered, the registered representative should visit their nearest SARS branch and make sure the business or company is deregistered for all the various types of tax.
Helpful links:
Employers – Guide for employers in respect of Employees’ Tax
Micro Businesses – Turnover Tax (TT)
Vendors – Cancellation of VAT registration.
Source: SARS




