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The National Credit Act 35 of 2005 is part of a comprehensive legislation designed to protect the consumer in the credit market, and make credit and banking services more accessible. The Act brought with it provisions for the over-indebted consumer as well as provisions on reckless credit. To assist the over-indebted consumer, debt review was introduced, whereby a duly registered debt counsellor determines whether the consumer is over-indebted and if so makes a recommendation to Court as to the restructuring of the consumer’s debt. Purpose of the National Credit Act: • To promote and advance social and economic welfare of South Africans; • To promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry; • To protect the consumer. The Act prohibits the granting of reckless credit and also provides for certain remedies that courts can grant to consumers who have fallen victim to reckless lending practices. Depending on the circumstances these remedies are: the partial or full setting aside of the consumer’s rights and obligations under the agreement; the temporary suspension of the effect of the agreement; and the restructuring of the consumer’s obligations. ___________________________________________________________ Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law stems from a desire to improve upon the lives of the vulnerable who fall prey to a corrupt system. I studied at the University of Johannesburg where I obtained my Bachelor of Laws degree, the starting point to the long journey of becoming a legal practitioner. This profession has taught me to persevere through the complexities of the law and to continually develop my skills as a legal professional.
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Arrangement between a debtor and his creditors involving appointment of a person to supervise debtor’s affairs containing all the necessary clauses to make a complete agreement.
Credit proposal form
Extrajudicial agreement of compromise between a debtor and his creditors containing all the necessary clauses.
Letter to the Creditor's of a company relating to the reduction of capital setting out the proposed reduction and the reasons thereof enclosing the resolution that required the reduction.
Letter to the Creditors of the company with regards to the reduction of capital and the calculation and reasons as well as consequences thereof.
New debtor liable to creditor’s nominee
Notice to creditors and interested parties to attend the creditors meeting to discuss the insolvent estate and prove claims against the estate with all details provided for the meeting.
Release by creditors of a debtor
Release by creditors of a debtor, reserving the rights of the creditors against a guarantor or surety
Resolution to be submitted at the second creditor's meeting as per the required procedure and law detailing the steps to be taken by the trustee.
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