1. T M A Presentation 28 May 2014 Thomas George Nell -
Senior Business Rescue Practitioner

2.
Video - Finweek

5. Forms of Businesses that Filed for Business Rescue Total 1500

6. Registered Offices of businesses that filed from 2013

7. Licences Issued per Category

9. Split between Court Applications and Resolutions 2012 - 2013

10. Section 143 (1) – Remuneration of Practitioner
Entitled to charge an amount to the Company under Supervision, incl. :
Remuneration
Expenses of practitioner

11. Regulation 128
Prescribed tariff for fees of Business Rescue Practitioner
Basic remuneration is to be determined at the time of appointment, by:
The Company under supervision
The Court

12. Fees may not exceed : Practitioner Remuneration Small Company JP
Any company
P.I. < 100 JP
R 1250 / hour
R / day
Medium Company
Public Company > 100
Any Company > 100 EP SP
R 1500 / hour
R / day
Large Company
P.I. > 500
R 2000 / hour
R / day
State Owned
P.I. > 500

13. Further Remuneration of Practitioner
(1) The practitioner is entitled to charge an amount to the company for the remuneration and expenses of the practitioner in accordance with the tariff prescribed in terms of subsection (6).
(2) The practitioner may propose an agreement with the company providing for
further remuneration, additional to that contemplated in subsection (1), to be
calculated on the basis of a contingency related to-
(a) the adoption of a business rescue plan at all, or within a particular time, or
the inclusion of any particular matter within such a plan; or

14. (b) the attainment of any particular result or combination of results relating to
the business rescue proceedings.
(3) Subject to subsection (4), an agreement contemplated in subsection (2) is final
and binding on the company if it is approved by-
(a) the holders of a majority of the creditors‟ voting interests, as determined in
accordance with section 145(4) to (6), present and voting at a meeting
called for the purpose of considering the proposed agreement; and
(b) the holders of a majority of the voting rights attached to any shares of the
company that entitle the shareholder to a portion of the residual value of the
company on winding-up, present and voting at a meeting called for the
purpose of considering the proposed agreement.

15. FEE AGREEMENT
Between:
Joe Spares (Mpumalanga) CC (under supervision), represented by
Joe Soap
And
Peter Johnson (the jointly appointed Business Rescue Practitioner) with address 32 Charles street, Pretoria (herein after referred to as the Business Rescue Practitioner).
It is agreed between the parties that Joe Spares (Mpumalanga) CC (under supervision) will remunerate the Business Rescue Practitioner as follow:
As Chapter 6 of the Companies Act 71 of 2008 does not provide for a comprehensive schedule regarding other expenses, disbursements and services rendered by the practitioner, it is agreed that the following tariffs will be applicable to enable a logical debiting system. It is further agreed that a unit system will be allocated to certain tasks to facilitate its proper calculation.

16. The following units are applicable for the following tasks:
BUSINESS RESCUE PRACTITIONER PETER JOHNSON:
Hourly tariff: R 1, (including VAT) based on the Public Interest Score of 37.
CALCULATION OF EXPENSES AND DISBURSEMENTS (ADMIN):
*VAT will be charged on the items as listed below.
2.1) Telephone calls: 2 units (minimum) for the first 2 minutes or part thereof as well as subsequent minutes.
An hour is thus divided in 30 units.
2.2) s: 1 unit (minimum).
2.3) Faxes: 3 units (minimum) per page.
2.4) Letters drafted and sent: 5 units (minimum).
2.5) Perusal of letters: 5 units (minimum).
2.6) Travelling will be charged at R4.00 per km

17. 2.7) Hourly tariff of R (PLUS VAT) will be levied for any assistance or work done in regard to the management and day to day operations of the entity under Business Rescue, should an ad hoc outside manager or accountant be employed this fee will not be levied should such person be appointed on a full time basis in such an event the person will be paid by the company directly.
2.8) Hourly tariff of R will be levied for any assistance or work done by a Professional Assistant/Attorney (PLUS VAT).
2.9) Hourly tariff of R will be levied for any assistance or work done by a senior Clerk (PLUS VAT) (Such person should have at least 10 years administration experience and an applicable 3 year degree).
2.10) A minimum of 4 (four) hours will be charged for each Statutory meeting as referred to in the Companies Act 71 of 2008.
2.11) 1 Unit = 1 min = R20.83 calculated as follows: R1, / 60 minutes = R per unit.

18. 2.12) Section 143 (2) of the Companies Act 71 of 2008 “Remuneration of Practitioner”: -
“The Practitioner may propose an agreement with the Company providing for further remuneration, additional to that contemplated in subsection (1), to be calculated on the basis of a contingency related to –
The adoption of a business rescue plan at all, or within a particular time, or the inclusion of any particular matter within such a plan; or
The attainment of any particular result or combination of results relating to the business rescue proceedings.”
2.12.1) If the business is sold as a going concern or if the assets are sold, the Business Rescue Practitioner would be entitled to 2.5% on the selling price of movables, 1.5% on immovable and 2.5% if the business is sold as a going concern;
2.12.2) The Business Rescue Practitioner will be entitled to 2.5% on all discounts negotiated for and on behalf of the entity. This will be deemed as a success fee as contemplated in Section 143 (2) of the Companies Act 71 of 2008.

19. All payments are made in good faith and are non-refundable except under circumstances as set out in Section 143(4) of Act 71 of Should the Business Rescue Process be set aside by the court or the Business Rescue Practitioner accept that the process is a nullity, for reasons as set out in Section 129 or 130 of the Companies Act 71 of 2008, aforementioned fee will still be payable for any “bona fide” work done by the Business Rescue Practitioner in terms of this agreement.
It is noted that the administration may be outsourced by the Business Rescue Practitioner.
Signed at _____________________________ on this _____ day of __________________________ 2014.

20. Who ? – S 138 To become a rescue Practitioner?
- member in Good Standing of :
Legal background
Accounting background
Business Management background
Must be licensed by the CIPC

21. 138. Qualifications of practitioners
Accreditation by Commission of legal, accounting or business management profession or has been
licensed as such by the Commission in terms of
subsection (2);
(2) For the purposes of subsection (1) (a) (ii), the Commission may license any qualified person to practice in terms of this Chapter and may suspend or withdraw any such license in the prescribed manner.
Guidelines:
(c) is not subject to an order of probation in terms of section 162 (d) would not be disqualified from acting as a director of the company in terms of section 69 (8);
does not have any other relationship with the company such as would lead a reasonable and informed third party to conclude that the integrity, impartiality or objectivity of that person is compromised by that relationship; and(f) is not related to a person who has a relationship contemplated in paragraph (d).

22. LICENSING Licensing of Business Rescue Practitioner
Licensed by the Commission, or
The Commission after receiving an application must either:
Issue a license as applied for in Form CoR 126.1
Issue a Conditional license on terms that are reasonable
3. Refuse the license
Categories of Practitioners:
Senior – 10 years or more
Experienced – 5 years or more
Junior – Less than 5 years
Joint appointments are allowed.

25. How can a plan be adopted?
To Analyse the legal position of all relevant roll players, and to communicate it to them in a manner which will allow them to appreciate their position.
To offer them an acceptable solution in a manner that balances the rights and interests off all relevant stakeholders through effective communication. – S 7 (k)