First Schedule Amended by S. 8 of Act No. 122 of 1993

First Schedule
FORMS

[First Schedule amended by s. 8 of Act No. 122 of 1993.]

Wording of Sections

FORM A
NOTICE OF SURRENDER OF A DEBTOR’S ESTATE (SECTION 4 (1))

Notice is hereby given that application will be made to the

Division of the Supreme court on

the

day of

19

at

o’clock in the forenoon or as soon thereafter as the

matter can be heard, for the acceptance of the surrender of the estate of*

of

and that a state-

ment of his affairs will lie for inspection at the office of the Master of the Supreme Court

at †

(and at the office of

) for

period of fourteen days as from the

day of

19......

Attorney for

*Here insert the name in full of the debtor and his occupation and address, and if the debtor is a partnership, its style or firm and the name in full and address of every partner, other than a partner en commandite or a special partner as defined in the Cape Act No. 24 of 1861 or the Natal Law No. 1 of 1865.

†If the statement of the debtor’s affairs is to lie for inspection only in a Master’s office delete the words in brackets.

FORM B
STATEMENT OF DEBTOR’S AFFAIRS (SECTIONS 4 (3) AND 16)

ANNEXURE I
IMMOVABLE PROPERTY

ANNEXURE II
ANY MOVABLE PROPERTY WHATSOEVER WHICH IS NOT INCLUDED IN ANNEXURE III OR ANNEXURE V

Note.—Any merchandise mentioned in the foregoing statement shall be valued at its cost price or at its market value at the time of the making of the affidavit verifying this statement, whichever is the lower, and the statement shall be supported by detailed stock sheets relating to such merchandise.

ANNEXURE III
OUTSTANDING CLAIMS, BILLS, BONDS AND OTHER SECURITIES

ANNEXURE IV
LIST OF CREDITORS

ANNEXURE V
MOVABLES ASSETS PLEDGED, HYPOTHECATED, SUBJECT TO A RIGHT OF RETENTION OR UNDER ATTACHMENT IN EXECUTION OF A JUDGMENT

ANNEXURE VI
RENUMERATION AND DESCRIPTION OF EVERY BOOK IN USE BY THE DEBTOR AT TIME OF NOTICE OF SURRENDER OR SEQUESTRATION, OR AT THE TIME WHEN HE CEASED CARRYING ON BUSINESS

ANNEXURE VII
DETAILED STATEMENT OF CAUSES OF DEBTOR’S INSOLVENCY

ANNEXURE VIII
PERSONAL INFORMATION

State whether the debtor is married, widowed or divorced.

If the debtor is or was married, state—

(a)

name or names of spouse or spouses (a “spouse” means not only a wife or husband in the legal sense, but also a wife or husband by virtue of a marriage according to any law or custom, and also a woman living with a man as his wife or a man living with a woman as her husband, although not married to one another)

(b)

whether the debtor is or was married in or without community of property and whether the accrual system applies

(c)

date of marriage

(d)

whether the matrimonial property system has been changed since entering into the marriage and, if so, the nature of the change

(e)

full names and date of birth of the spouse and, if an identity number has been assigned, the identity number of the spouse

State the debtor’s nationality

State the debtor’s place of birth, date of birth and, if an identity number has been assigned, the identity number.

Was the debtor’s estate or the estate of a partnership in which the debtor is or was a partner previously sequestrated or placed in bankruptcy, whether in the Republic or elsewhere?

If the preceding answer is in the affirmative, state—

(a)

whether the debtor’s own estate or his partnership’s estate was (i) sequestrated; or (ii) placed in bankruptcy

(b)

the place where and the date when that estate was sequestrated or placed in bankruptcy

(c)

whether the debtor has been rehabilitated or his estate released; if so, when

The foregoing balance sheet and statements shall be verified by an affidavit in the subjoined form, made by the debtor or by the person who on behalf of the debtor presented the petition tendering the surrender of the debtor’s estate, or who is the representative of the debtor or his estate.

AFFIDAVIT

I

declare

under oath/solemnly and sincerely declare* that to the best of my knowledge and belief the statements contained in the foregoing balance sheet and the Annexures thereto are true and complete, and that every estimated amount therein contained is fairly and correctly estimated.

Signature of declarant

Sworn*/Solemnly declared before me on the

day of

at

Commissioner of Oaths

* Delete inappropriate words.

FORM C
AFFIDAVIT FOR THE PROOF OF ANY CLAIM OTHER THAN A CLAIM BASED ON A PROMISSORY NOTE OR OTHER BILL OF EXCHANGE (SECTION 44 (4))

In the Insolvent Estate of

Name in full of creditor

Address in full

Total amount of claim

£

I,

declare under oath/solemnly and sincerely declare*

(1)

That

, whose estate

was at the date of sequestration, and still is, indebted to

in the sum of

for

(2)

That the said debt arose in the manner and at the time set forth in the account hereunto annexed.

(3)

That no other person besides the said

is liable (otherwise than as surety) for the said debt or any part thereof.

(4)

That I have/the said

has* not, nor has any

other person, to my knowledge on my*/his behalf received any security for

Signature of declarant

Sworn/Solemnly declared* before me on the

day of

at

Commissioner of Oaths.

*Strike out inappropriate words according to the facts of the case.

†Here insert nature, particulars and value of mortgage, pledge or other security.

FORM D
AFFIDAVIT FOR THE PROOF OF A CLAIM BASED ON A PROMISSORY NOTE OR OTHER BILL OF EXCHANGE. (SECTION 44 (4))

In the Insolvent Estate of

Name in full of creditor

Address in full

Total amount of claim

I,

declare under oath/solemnly and sincerely declare*

(1)

That...... , whose estate has been sequestrated, was on the date of sequestration, and still is, indebted to ...... in the sum of...... , by virtue of the following promissory note/bill of exchange*.

(2)

That the said debt arose in the manner and at the time set forth in the account hereunto annexed.

(3)

That I have/the said

has* not, nor has any other person to my

knowledge on my/his* behalf received any security for the said debt or any part thereof, save and except†

(4)

That besides the said...... one

mentioned above, is liable to me/the said

*

of the said note/bill,* as aforesaid.

(5)

That the said note/bill* is in all respects genuine and valid.

Signature of declarant

Sworn/Solemnly declared* before me on the

day of

at

Commissioner of Oaths

*Strike out inappropriate words, according to the facts of the case.

†Here insert nature, particulars and value of mortgage, pledge or other security.