Berrangé Incorporated Attorneys, Conveyancers & Notaries Suite 1, The Mews, Redlands Estate, George Macfarlane Lane, Pietermaritzburg, 3201 P O Box 2838, Pietermaritzburg, 3200 DX 61, Pietermaritzburg South Africa Telephone : +27(0)33-3455331 Telefax : +27(0)33-3455824 Email : attorney@b-inc.co.za LIQUIDATIONS / INSOLVENT ESTATES NOTE FOR THE GUIDANCE OF CREDITORS COMPLETING CLAIM FORMS NB IMPORTANT! Kindly note the under mentioned when preparing your claim form to ensure that there is no undue delay in having your claim proved. 1. AFFIDAVITS 1.1 The Affidavit for Proof of Claim should be fully completed and must be signed before a Commissioner of Oaths. The Commissioner of Oaths must not have a direct or indirect interest in the affidavit and may not be an employee of the creditor concerned. Please ensure that the Commissioner of Oaths in question inserts his full names and full address after he has signed the document. 1.2 Where the claim is not based on a bill, promissory note or cheque, Pages 3 and 4 should be completed. A detailed statement (Page 6 attached hereto) supporting the affidavit must be attached to the claim showing the monthly total and a brief description of the purchase and payments for the full period of trading or for a period of twelve months immediately before the date of sequestration, whichever is the lesser. Invoices must also be attached in proof thereof. 1.3 Where the claim is based on a promissory notes, bills of exchange or cheques, Page 5 should be completed and any bills, notes or cheques must be attached to the claim. 2. RESOLUTIONS Where the deponent who signs the affidavit is not the member or director of the Close Corporation or Company, a Resolution, Page 7, must be completed by the Members or Directors, giving the deponent permission to sign on behalf of the Close Corporation or Company. 3. POWER OF ATTORNEY The Power of Attorney, Page 8 is required should you wish to vote at a Creditors Meeting. Kindly insert the name of the person whom you desire to represent you or alternatively, should you be prepared to agree to the representative to be appointed by the general body of creditors, (with no charge to you), may we suggest that the Power of Attorney be completed with the relevant portion left blank. The Liquidator / Trustee or a member of his staff is not entitled to vote on your behalf. 4. ANNEXURES 4.1 In the case of a claim being based on a Mortgage or Notarial Bond or Instalments Sale Agreement, the original Bond or Agreement must be attached to the claim together with a statement showing the amount due as at date of liquidation or sequestration. 4.2 Supporting documentation in the form of current invoices or statements must be attached to the claim form.
5. SECURITY PAGE 2 Only if you are a Secured Creditor, should Sections VIII and IX (Pages 3 and 4) be completed. These two paragraphs do not apply to Concurrent Creditors. It is advisable to delete these two paragraphs. 6. DELIVERY OF CLAIM The original claim documents should be received in this office at least 72 hours before the date of the Meeting, alternatively, you may submit the claim directly to the Magistrate or relevant Master's Office before whom the meeting is to be held, at least 24 hours prior to the meeting. 7. WAIVER Kindly note that the Trustee / Liquidator does not accept any liability for any claim which is sent to ourselves and is subsequently not proved for whatever reason. Furthermore, the Trustee / Liquidator does not accept any liability if a contribution is levied, despite initial assurances that same will not be levied. NB : Please note that as the claim format is an Affidavit, faxed copies or e-mailed copies will NOT be accepted. As such, the original claim, together with copies of invoices in support of the amount claimed, have to be received by our offices in order to be accepted.
Berrangé Incorporated Attorneys, Conveyancers & Notaries Suite 1, The Mews, Redlands Estate, George Macfarlane Lane, Pietermaritzburg, 3201 P O Box 2838, Pietermaritzburg, 3200 DX 61, Pietermaritzburg South Africa Telephone : +27(0)33-3455331 Telefax : +27(0)33-3455824 Email : attorney@b-inc.co.za Website : www.berrangeinc.co.za LIQUIDATIONS / INSOLVENT ESTATES TIMEFRAME FOR LIQUIDATION PROCESS Kindly note the estimated timeframe and process relating to Insolvent Estates and Companies / Close Corporations in liquidation, is as follows : 1. After the Appointment of a Provisional Liquidator / Trustee (1 month from date of liquidation) 1.1 The Provisional Liquidator / Trustee is appointed by the Master of the High Court. 1.2 A Certificate of the Provisional Liquidators / Trustees is issued by the Master of the High Court. 1.3 The Provisional Liquidator / Trustee will investigate the affairs of the Company / CC / Insolvent Estate and meet with the Directors / Members and/or Insolvent(s). 2. First Meeting of Creditors (3 months from date of liquidation) 2.1 Companies and Insolvent Estates 2.1.1 The Master of the High Court will convene the First Meeting of Creditors after he is in receipt of a copy of the Final Order of Liquidation / Sequestration. 2.1.2 The Master is to notify the Liquidators / Trustees of the date of such First Meeting of Creditors. 2.1.3 The purpose of the First Meeting of Creditors is to vote for the appointment of the Final Liquidator(s) and/or Trustee(s) and proof of claims (should there not be a danger of a contribution). 2.1.4 It is not necessary for Creditors to attend the First Meeting of Creditors as the Liquidator / Trustee will lodge creditors claims on their behalf, if and when the claims are called for by the Liquidator / Trustee. 2.2 Close Corporations 2.2.1 The Liquidator will convene the First Meeting of Creditors after the Final Order of Liquidation is granted. 2.2.2 The purpose of the First Meeting of Creditors is to prove claims and adopt Resolutions. (If there is no danger of a contribution to be levied against Creditors). 2.2.3 It is not necessary for Creditors to attend the First Meeting of Creditors as the Liquidator / Trustee will lodge creditors claims on their behalf, if and when the claims are called for by the Liquidator / Trustee.
3. Second Meeting of Creditors (5 / 6 months from date of liquidation) Once the Master of the High Court has issued the Final Certificate of appointment of the Liquidators / Trustees (subsequent to the First Meeting of Creditors), the Liquidators / Trustees will convene the Second Meeting of Creditors. The purpose of the Second Meeting of Creditors is inter alia the following : 3.1 Tabling of the Liquidators / Trustees Second Meeting Report; 3.2 Resolutions tabled for adoption by Creditors; 3.3 Submission and proof of Creditors Claims; It is not imperative for the Creditors to attend this meeting, as we can lodge their claims on their behalf. The Liquidators / Trustees report (mentioned above) will be sent to all known Creditors via registered mail and/or e-mail. If we do not have your postal address yet, please may you let us have same via return e-mail. Thank you. 4. First Liquidation and Distribution Account (6 months from date of appointment of Final Liquidators / Trustees) (Examination period Confirmation period : varies whilst Master deals with the Account. 3 6 months) 4.1 The First Liquidation and Distribution Account is due to be lodged with the Master of the High Court, six (6) months after the issuing of the Final Certificate of Appointment by the Master. 4.2 If the Liquidator is unable to lodge the First Liquidation and Distribution Account for any reason, the necessary application for an extension of time within which to lodge such account, must be lodged with the Master of the High Court. 4.3 Once the First Liquidation and Distribution Account is lodged with the Master of the High Court, the Master will examine such account. Should the Master have queries relating to the drafting of the account, they will lodge their Query Sheet with the Liquidator / Trustees office to deal with. 4.4 Once the Liquidator / Trustee has dealt with any queries which the Master may have relating to the Account, the Master will examine same further. Once the Master is happy with the Account, they will grant the Liquidator / Trustee permission to advertise the Account to lie open for inspection. 4.5 The Account will lie open for inspection for 2 weeks at the various Master s Offices / Magistrate s Court and Creditors will be notified accordingly. 4.6 Once the Master is satisfied that the Account lay open for the specified time, without any objections to the Account, then the Master will confirm the Account. 4.7 Once the Master has confirmed the Account, dividends (if any) will be paid to Creditors in terms of the Liquidation and Distribution Account. The above is merely a guideline and many other factors may influence the time period of each event in a liquidation / insolvency, for example, litigation, S417 Enquiry / Interrogation, sale of assets, Contribution, disputed claims, etc.
Berrangé - Page 3 - Incorporated Attorneys, Conveyancers & Notaries Suite 1, The Mews, Redlands Estate, George Macfarlane Lane, Pietermaritzburg, 3201 P O Box 2838, Pietermaritzburg, 3200 DX 61, Pietermaritzburg South Africa Telephone : +27(0)33-3455331 Telefax : +27(0)33-3455824 Direct Fax: 0866798163 Email : attorney@b-inc.co.za AFFIDAVIT FOR PROOF OF ANY CLAIM OTHER THAN A CLAIM BASED ON A PROMISSORY NOTE OF OTHER BILL OF EXCHANGE (Section 44(4) of the Insolvency Act No 24 of 1936 IN THE MATTER OF: (Insolvent or CC or Company) CHEMICAL SPECIALITIES LTD t/a CHEMSPEC (In Liquidation) (In Liquidation/Insolvent/under Judicial Management*) hereinafter referred to as "the debtor" Name of Creditor: Amount of Claim: Postal Address: Account No/Ref: e-mail address : Bank Account Details: I, the undersigned, *do hereby make Oath and say that : I do solemnly and sincerely declare that : * I. + I depose to this affidavit *in my capacity as of the creditor (duly authorised by power of attorney, a copy of which is annexed hereto marked "A")/ being fully cognizant of the claim in that I have full knowledge of the facts set out hereinafter from the books and records pertaining to the claim under my control*. II. The name of the creditor to who the claim hereinafter set forth relates, in full : hereinafter referred to as "the creditor". III. The Physical address of the creditor in full : IV. The total amount of the claim is the sum of R Arising from V. The debtor *whose estate has been sequestrated/liquidated/under judicial management*, was at the date of sequestration /liquidation/judicial management and still is indebted to the creditor in the sum of (amount in words):- VI. VII. VIII. The said debt arose in the manner and at the time set forth in the account hereunto annexed, marked "B". No person besides the debtor is liable (other than as surety) for the said debt or any part thereof. That the creditor has not, nor has any other person to my knowledge on *my/its behalf received any security for the said debt or any part thereof, save and except: *a) Type of Security b) Amount of such security c) when such security was issued d) by whom such security was issued e) on the terms and conditions which appear from a true copy of such security, annexed hereto marked "C"*. IX. I value the said security at the sum of R We do/do not* rely for the satisfaction of our claim solely on the proceeds of the realisation thereof.
PAGE 4 X. *That insofar as may be necessary, as more fully appears from the account annexed hereto, marked "B", the requirements of Section 44(6) of the Insolvency Act No. 24 of 1936 (as amended) have been complied with.*++ XI. XII. The claim *was/was not* acquired by cession after the Institution of the sequestration/liquidation/judicial management* proceedings. A true copy of such cession is annexed hereto marked "D". I hereby authorise the Liquidator/Trustee/Judicial Manager to make payment of any amount due to the creditor whatsoever into the bank account nominated hereunder. I absolve the said Liquidator/Trustee/Judicial Manager from any liability whatsoever in the event of the details listed below being in any way incorrect and I accept that once payment has been made into the said account, I shall be deemed to have received such amount. NOTE: If you would prefer to have your cheque posted to you, you must delete clause XII entirely. NAME OF CREDITOR: POSTAL ADDRESS: AMOUNT OF CLAIM: REFERENCE NUMBER: E MAIL ADDRESS: BANK ACCOUNT DETAILS NAME OF ACCOUNT HOLDER: NAME OF BANK: BRANCH & BRANCH CODE: ACCOUNT NUMBER: Signature of *deponent / declarant* *(NOTE : NB DEPONENT TO SIGN BEFORE COMMISSIONER) The Deponent acknowledges that he/she knows and understands the contents of this Affidavit which was signed and sworn to before me at on the day of the regulations contained in Government Notice R1258 of the 21 July 1972 (as amended), having been complied with. FREE OF STAMP DUTY COMMISSIONER OF OATHS FULL NAMES ADDRESS CAPACITY NOTES (To be read carefully) * Delete (and initial each deletion) what is inappropriate to the facts of the case*. + Section 44(4) of the Insolvency Act provides for two alternatives as regards attestation. Where the deponent is not the creditor, he must be duly authorised by a Power of Attorney in proper form, which must be filed herewith. This affidavit must otherwise be deposed by a person with full knowledge of the facts; that is to say, not necessarily personal knowledge of each transaction on which the claim is based, but who is fully informed by books and records under his control. ++ Ad paragraph 10; Section 44(6) of Act 24 of 1936 provides : "A claim against an insolvent's estate for payment of the purchase price of goods sold and delivered to the insolvent on any open account shall not be admitted to proof unless a statement is submitted in support of such claim showing the monthly total and a brief description of the purchases and payment for the full period of trading or for the period of twelve months immediately before the date of sequestration, whichever is the lesser." GENERAL 1) Each page of the affidavit (and each page of each annexure) is to be initialised by the deponent and the Commissioner of Oaths. 2) The deponent must sign at the place provided after paragraph 11. 3) The deponent must ensure that the Commissioner of Oaths specifies his capacity AND his full names in the legible form.
Berrangé - Page 5 - Incorporated Attorneys, Conveyancers & Notaries Suite 1, The Mews, Redlands Estate, George Macfarlane Lane, Pietermaritzburg, 3201 P O Box 2838, Pietermaritzburg, 3200 DX 61, Pietermaritzburg South Africa Telephone : +27(0)33-3455331 Telefax : +27(0)33-3455824 Direct Fax: 0866798163 Email : attorney@b-inc.co.za AFFIDAVIT FOR THE PROOF OF A CLAIM BASED ON A PROMISSORY NOTE OR OTHER BILL OF EXCHANGE (Section 44(4) of the Insolvency Act No. 24 of 1926) IN THE MATTER OF: (Insolvent or CC or Company) (In Liquidation/Insolvent/under Judicial Management*) hereinafter referred to as "the debtor" Name of Creditor : Postal Address : : Amount of Claim : Account No : I, the undersigned, *do hereby make Oath and say that: I do solemnly and sincerely declare that : * I. 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 * Date of note or bill Name of maker or drawer Name of Acceptor Name of person to whom payable Date when payable Name of Endorser Amount II. That the said debt arose in the manner and at the time set forth in the account hereunder annexed. III. 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 IV. That besides the said one mentioned above, is liable to me/ the said* as of the said note/bill* as aforesaid. V. That the said note/bill* is in all respects genuine and valid. Signature of *deponent / declarant* The Deponent acknowledges that he/she knows and understands the contents of this Affidavit which was signed and sworn to before me at on the day of 19, the regulations contained in Government Notice R1258 of the 21 July 1972 (as amended), having been complied with. FREE OF STAMP DUTY COMMISSIONER OF OATHS : FULL NAMES : ADDRESS : CAPACITY :
PAGE 6 ANNEXURE B STATEMENT OF ACCOUNT (in terms of Section 44(6) of the Insolvency Act, as amended) In the case of the claim being in respect of goods sold and delivered on an open account, this statement must be completed in every respect and attached to your claim documents.this statement complies with the amendments of the Insolvency Act. NAME AND ADDRESS OF CREDITOR: NAME OF ESTATE : CHEMICAL SPECIALITIES LTD t/a CHEMSPEC (In Liquidation) BRIEF DESCRIPTION OF GOODS SUPPLIED : "A" Monthly totals of goods supplied for 12 (twelve) months prior to liquidation / sequestration / judicial management "B" - Total monthly payments received 12 (twelve) months pr to liquidation / sequestration / judicial management Month before Liq/Seq Month & Year TOTAL Repayments Received Month & Year TOTAL 13 th Month Balance if any 20 R 12 th Month 20 R 12th Month 20 R 11 th Month 20 R 11th Month 20 R 10 th Month 20 R 10th Month 20 R 9 th Month 20 R 9th Month 20 R 8 th Month 20 R 8th Month 20 R 7 th Month 20 R 7th Month 20 R 6 th Month 20 R 6th Month 20 R 5 th Month 20 R 5th Month 20 R 4 th Month 20 R 4th Month 20 R 3 rd Month 20 R 3rd Month 20 R 2 nd Month 20 R 2nd Month 20 R Exact date in Liq/Seq month 20 R Exact date in Liq/Seq Month TOTAL "A" R TOTAL "B" R 20 R AMOUNT OF CLAIM - TOTAL "A" MINUS "B" EQUALS R NOTES 1) A brief description of goods sold must be given: ie groceries, hardware, confectionery, clothing etc. 2) "A" and "B" must reflect full period of trading or for a period of twelve months before date of sequestration / liquidation / judicial management. 3) If no payments were received or credits given, state "NIL" under "B"
PAGE 7 RESOLUTION EXTRACT OF THE MINUTES OF A BOARD MEETING OF NAME OF CREDITOR : HELD AT : DATE : RESOLVED : In the matter of CHEMICAL SPECIALITIES LTD t/a CHEMSPEC (In Liquidation) Name of Deponent be authorised to sign all documents on behalf of the company, to prove claims on behalf of the company and to sign Powers of Attorney in favour of with power of substitution to act on behalf of the company at any meeting of the creditors convened in terms of the Companies or Insolvency Acts. SIGNED: NAME: CAPACITY:
PAGE 8 POWER OF ATTORNEY TO PROVE CLAIMS AND VOTE FOR TRUSTEES OR LIQUIDATORS OR JUDICIAL MANAGERS, AND GENERALLY TO ACT IN THE MATTER OF CHEMICAL SPECIALITIES LTD t/a CHEMSPEC (In Liquidation) I, the undersigned in my / our capacity as* of ** do hereby nominate, constitute and appoint jointly and severally, with Power of Substitution to be my/our lawful Attorney/s and Agent/s, in my/our name, place and stead, to appear before the Master of the High Court or before any Magistrate, or before any Presiding Officer, at his or their office, likewise before any Commissioner, and to appear at all Meetings of Creditors to be held in the above matter and then and there as my/our agent in and deed to prove and file my/our claim or claims against the Estate or the Company in liquidation, or the Company under Judicial Management, as the case may be; to vote for the election of a trustee, to vote for the election of a Liquidator, to vote for the election of a Judicial Manager as the case may be, to administer the Estate or the Company in Liquidation or the Company under Judicial Management, as the case may be; to give the Trustee/s Liquidator/s and Judicial Manager/s directions as to the management thereof; on my/our behalf to examine any person or persons and further to represent me/us in all matters or things relating to the Estate or Company in Liquidation or Company under Judicial Management, as the case may be, including the right to vote on a offer of Compromise, Scheme of Arrangement or Composition, and generally for effecting the purposes aforesaid to do or cause to be done whatsoever shall be requisite, as fully and effectually to all intents and purposes as I/We might or could do if personally present and acting herein, hereby ratifying, allowing and confirming and promising and agreeing to ratify, allow and confirm all and whatsoever my/our said Attorney/s and Agent/s shall lawfully do or cause to be done in the premises by virtue of these presents. GIVEN under my/our hand at _ this day of 2015. in the presence of the undersigned witnesses. AS WITNESSES : 1. SIGNATURE 2. * Insert whether Director, Owner of Partner ** Insert name of Firm or Company NB : A Manager or Secretary may only sign if his/her authority has been registered with the Master of the High Court, or if a certified copy of a Resolution of a Board of Directors of the Company authorising such Manager or Secretary to sign is lodged with the claim.