Trusteeships, Fiduciary & Insolvency

Appointments, under the Companies Act, by the High Court for the position of Liquidator and Judicial Manager are fulfilled by an individual. Kopanang Thekiso, utilises the DSS team to support him in the execution of such responsibilities.

Kopanang has successfully executed liquidations which have required hands-on management of businesses to maximise recoveries by creditors.

FIDUCIARY APPOINTMENTS: Both the Companies Act and Income Tax Act require each company and the Botswana Branch of a foreign company to appoint an ordinarily resident director, public officer or authorised agent respectively. These fiduciary appointments carry the responsibility of compliance by the legal entity to the laws of Botswana and a representative through which claims against the entity can be brought by creditors.

The Trust Property Control Act requires at least two trustees to be appointed for the administration of trust property in Botswana. These appointments have to be sanctioned by the Master of the High Court.

The Fifth Schedule of Companies Act sets out the requirements for the establishment of a trust deed and appointment of a trustee to represent the interest of debenture holders where a Company issues debentures to 10 or more noteholders.

Stephen Pezarro and Kopanang Thekiso have secured numerous appointments in each of the fiduciary positions referred to above.

Meet the Trusteeships, Fiduciary & Insolvency team that will help you navigate Botswana’s business landscape.

Director: Kopanang Thekiso

Kopanang is supported in the execution of these formal roles by Stephen Pezarro, Kefilwe Nthebolang and Ronald Tshwaane.