LIVIERO CIVILS (PTY) LTD: REGISTRATION NUMBER: (1984/009243/07)
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1 Tel: Fax: Unit B5, Clearview Office Park 77 Wilhelmina Avenue, Constantia Kloof, Roodepoort, 1724 PO Box Helderkruin, 1733 LIVIERO CIVILS (PTY) LTD: REGISTRATION NUMBER: (1984/009243/07) AGENDA OF FIRST MEETING OF EMPLOYEES AND EMPLOYEE REPRESENTATIVES IN TERMS OF SECTION 148 (1) OF THE COMPANIES ACT NO. 71 OF 2008 ( THE ACT ) TO BE HELD AT LIVIERO HEAD OFFICE, CNR DYTCHLEY & MARCIUS ROADS, BARBEQUE DOWNS, KYALAMI ON 6 AUGUST 2018 AT 14: Welcome and apologies; 2. Background; 3. The business rescue process; 4. Prospects of rescuing the company 5. Determination of whether employees committee should be appointed; 6. General; 7. Closing BDO Business Restructuring (Pty) Ltd Registration number: 2002/025164/07 VAT number: National Executive: S Dansie HN Bhaga-Muljee BJ de Wet MP McGarrigle HCS Lopes Dr FD Schneider ME Stewart (Chief Executive) SM Somaroo R Teixeira IM Scott I Hashim MS Willimott Directors: JF Klopper LDR van der Merwe R Pieters HA Plaatjies National Head of Advisory: HCS Lopes The company's principal place of business is at 22 Wellington Road, Parktown, Johannesburg, where a list of directors' names is available for inspection. BDO Business Restructuring (Pty) Ltd, a South African company, is an affiliated company of BDO South Africa Inc., a South African company, which in turn is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.
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6 Tel: Fax: Unit B5, Clearview Office Park 77 Wilhelmina Avenue, Constantia Kloof, Roodepoort, 1724 PO Box Helderkruin, 1733 TO ALL KNOWN EMPLOYEES AND EMPLOYEE REPRESENTATIVES BUSINESS RESCUE PROCEEDINGS: LIVIERO CIVILS (PTY) LTD ( THE COMPANY ) REGISTRATION NUMBER: 1984/009243/07 Notices to employees and employee representatives in compliance with various provisions of Chapter 6 of the Companies Act No. 71 of 2008 ( the Act ) 1. These notices are addressed to all known employees and employee representatives in compliance with the various provisions of Chapter 6 of the Act. 2. On 24 th of July 2018 the Company was placed in business rescue by way of an order of Court, with the effective date of the business rescue proceedings being the 16 th of July A copy of the order of Court is attached hereto ( Order of Court ). 3. The Order of Court referred to above were filed with the Companies and Intellectual Property Commission ( CIPC ) on 25 th July A copy of the notice as filed with CIPC is attached hereto ( COR ). 4. Liebenberg Dawid Ryk van der Merwe and Johannes Frederick Klopper have now been appointed by Order of Court and on an interim basis as the Joint Business Rescue Practitioners ( BRPs ) of the Company. 5. In addition, please find attached hereto the following documentation: a. the certificate evidencing that the BRPs have been licensed by CIPC ( BR Certificates ); b. a notice convening the first meeting of employees and employee representatives, in terms of Section 148 (1) of the Act ( Notice of 1st meeting ); c. an agenda for the above-mentioned meetings in terms of Section 148 (2) (b) of the Act is also attached ( Agenda ). BDO Business Restructuring (Pty) Ltd Registration number: 2002/025164/07 VAT number: National Executive: S Dansie HN Bhaga-Muljee BJ de Wet MP McGarrigle HCS Lopes Dr FD Schneider ME Stewart (Chief Executive) SM Somaroo R Teixeira IM Scott I Hashim MS Willimott Directors: JF Klopper LDR van der Merwe R Pieters HA Plaatjies National Head of Advisory: HCS Lopes The company's principal place of business is at 22 Wellington Road, Parktown, Johannesburg, where a list of directors' names is available for inspection. BDO Business Restructuring (Pty) Ltd, a South African company, is an affiliated company of BDO South Africa Inc., a South African company, which in turn is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.
7 Yours faithfully LDR VAN DER MERWE BUSINESS RESCUE PRACTITIONER JF KLOPPER BUSINESS RESCUE PRACTITIONER
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13 Tel: Fax: Unit B5, Clearview Office Park 77 Wilhelmina Avenue, Constantia Kloof, Roodepoort, 1724 PO Box Helderkruin, 1733 TO ALL KNOWN EMPLOYEES AND EMPLOYEE REPRESENTATIVES LIVIERO CIVILS (PTY) LTD ( THE COMPANY ) REGISTRATION NUMBER: 1984/009243/07 Dear Sir/Madam, NOTICE OF FIRST MEETING OF EMPLOYEES AND EMPLOYEE REPRESENTATIVES IN TERMS OF SECTION 148(1) OF THE COMPANIES ACT NO. 71 OF 2008 ( THE ACT ) TO BE HELD AT LIVIERO HEAD OFFICE, CNR DYTCHLEY & MARCIUS ROADS, BARBEQUE DOWNS, KYALAMI, ON 6 AUGUST 2018, AT 14H00 1. Notice is hereby given to all known employees and employee representatives pursuant to the provisions of section 148 (1) of the Act of the first meeting of employees and employee representatives in the above- mentioned matter, to be held at the dates, times and places set out above. 2. In compliance with the provisions of the section 148 (2) (b) of the Act we annex hereto the agenda for the meeting. Yours faithfully LDR VAN DER MERWE BUSINESS RESCUE PRACTITIONER JF KLOPPER BUSINESS RESCUE PRACTITIONER BDO Business Restructuring (Pty) Ltd Registration number: 2002/025164/07 VAT number: National Executive: S Dansie HN Bhaga-Muljee BJ de Wet MP McGarrigle HCS Lopes Dr FD Schneider ME Stewart (Chief Executive) SM Somaroo R Teixeira IM Scott I Hashim MS Willimott Directors: JF Klopper LDR van der Merwe R Pieters HA Plaatjies National Head of Advisory: HCS Lopes The company's principal place of business is at 22 Wellington Road, Parktown, Johannesburg, where a list of directors' names is available for inspection. BDO Business Restructuring (Pty) Ltd, a South African company, is an affiliated company of BDO South Africa Inc., a South African company, which in turn is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.
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Tel: +27 011 991 5500 Fax: +27 011 991 5506 www.bdo.co.za Unit B5, Clearview Office Park 77 Wilhelmina Avenue, Constantia Kloof, Roodepoort, 1724 PO Box 21341 Helderkruin, 1733 LIVIERO BUILDING (PTY) LTD:
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Tel: +27 011 991 5500 Fax: +27 011 991 5506 www.bdo.co.za Unit B5, Clearview Office Park 77 Wilhelmina Avenue, Constantia Kloof, Roodepoort, 1724 PO Box 21341 Helderkruin, 1733 LIVIERO MINING (PTY) LTD:
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