DRAFT. Republic of South Africa. Form CoR Companies and Intellectual Property Commission. Contacting the Commission

Transcription

1 Companies and Intellectual Property Form CoR About this Form This form is issued in terms of Sections 132 and 141 of the Companies Act, 2008 and Regulation 125 of the Companies Regulations, This notice and the attached report must be published to every affected person, and to (a) (b) the, if the business rescue proceedings were started by the company; or the court, if the proceedings were ordered by the court. A report and Notice must be issued at the end of the first three months of the business rescue proceedings, and at regular monthly intervals after that. (Name and Registra/on Number of Company) Business Rescue Status Report The above named company commenced business rescue proceedings on. Because the business rescue proceedings have not concluded within three months, The appointed business rescue prac;;oner provides the a<ached report in terms of sec;on 132 (3). Name and Title of person signing on behalf of the Prac99oner:

2 Companies and Intellectual Property Form CoR About this Form This form is issued in terms of Sections 141 of the Companies Act, 2008 and Regulation 125 (4) of the Companies Regulations, This notice must be filed and published to every affected person. Notice of Termination of Business Rescue Proceedings (Name and Registra/on Number of Company) The above named company commenced business rescue proceedings by resolu6on on. In terms of sec6on 141(2)(b), the business rescue prac66oner has concluded that there are no longer reasonable grounds to believe that the company is financially distressed. Accordingly, the proceedings are terminated upon the filing of this No6ce, in the manner contemplated in sec6ons 132 (2)(b), read with 141 (2)(b)(ii). Name and Title of person signing on behalf of the Prac99oner:

3 Companies and Intellectual Property Form CoR About this Form This form is issued in terms of Sections 141 of the Companies Act, 2008 and Regulation 125 (4) of the Companies Regulations, This notice must be filed. Notice of Substantial Implementation of Business Rescue Plan (Name and Registra/on Number of Company) The above named company commenced business rescue proceedings by resolu6on on. In terms of sec6on 152, a business rescue plan was adopted on. The terms of that plan have now been substan6ally carried out, as contemplated in sec6on 152 (8). Accordingly, the business rescue proceedings end upon the filing of this No6ce, in the manner contemplated in sec6ons 132 (2)(c)(ii). Name and Title of person signing on behalf of the Prac99oner:

4 Companies and Intellectual Property Form CoR About this CerGficate This Certificate is issued in terms of Section 138 of the Companies Act, 2008 and Regulation 126 of the Companies Regulations, Application for Practitioner s Licence To: The Companies From: (Name, Iden+ty Number, address and contact details of Applicant) The filing fee for this Application is R 500. The above named person applies to the in terms of sec6on 138 (2) of the Companies Act, 2008, for a licence to serve as a business rescue prac66oner, in terms of the Companies Act, In support of this applica6on, I have acached 1. A resume of my history and experience engaging in business turnaround prac6ce, as defined in Regula6on 127 (2), before the effec6ve date of the Act, if any. 2. A resume of my relevant educa6on, experience and professional affilia6ons. In further support of this applica6on, I declare that I am not disqualified from serving as a business rescue prac66oner on any grounds contemplated in sec6on 138 (1) (b) or (c) of the Companies Act, Name and Title of person signing on behalf of the Applicant:

5 Companies and Intellectual Property Form CoR About this CerEficate This Certificate is issued in terms of Section 138 of the Companies Act, 2008 and Regulation 126 of the Companies Regulations, Registration Certificate (Name and South African Registra6on Number of Accredited En6ty) The above named person has been licenced by the in terms of sec7on 138 (2) of the Companies Act, 2008, to serve as a business rescue prac77oner, with effect from the date of this Cer7ficate. The licencee has not engaged in business turnaround prac7ce, as defined in Regula7on 127 (2), before the effec7ve date of the Act. sa7sfied the that it has engaged in business turnaround prac7ce, as defined in Regula7on 127 (2), for a period of years immediately before the effec7ve date of the Act. Name and Title of person signing on behalf of the :

6 Companies Tribunal Form CTR About this Form This form is issued in terms of Sections 166 of the Companies Act, 2008 and Regulation 132 of the Companies Regulations, This Applica8on, must be filed and served on each respondent within 5 business days arer it is filed. From: (insert name of Applicant) To: The Companies Tribunal Accredited Agency And To: (Name, registration number and address of respondent(s). Use additional sheet if required ) Application for Alternative Dispute Resolution (Name and registration number of Company, or Date and Number of Notice, as the case may be ) The Applicant seeks to have a dispute with the respondent resolved by Alterna8ve dispute resolu8on in terms of sec8on 166: The Dispute arises in terms of (Insert the section of the Act, or the Regulation, that is most relevant to the dispute) And from the following conduct or ac8ons: (Insert a concise statement of the circumstances, and the particulars of the request) Tribunal The Companies Tribunal of South Africa Name and Title of person signing

7 Companies Tribunal Form CTR About this Form This form is issued in terms of Sections 166 of the Companies Act, 2008 and Regulation 132 of the Companies Regulations, This Applica9on, must be filed and served on each respondent within 5 business days arer it is filed. From: The Companies The Takeover Regulation Panel To: The Companies Tribunal Accredited Agency And To: Referral for Alternative Dispute Resolution (Name and file number of complaint) (insert name of complainant) (Name, registration number and address of respondent(s). Use additional sheet if required ) The issuing agency, having considered this complaint, refers it with the recommenda9on that the par9es a:empt to resolve it by Alterna9ve Dispute Resolu9on in terms of sec9on 166: The Dispute arises in terms of (Insert the section of the Act, or the Regulation, that is most relevant to the dispute) And from the following conduct or ac9ons: (Insert a concise statement of the circumstances, and the particulars of the request) Tribunal The Companies Tribunal of South Africa Name and Title of person signing for the or panel

8 Companies Tribunal Form CTR About this Form This form is issued in terms of Sections 166 of the Companies Act, 2008 and Regulation 132 of the Companies Regulations, This Applica)on, must be filed and served on each respondent within 5 business days aqer it is filed. Certificate of Failed Alternative Dispute Resolution From: The Companies Tribunal Accredited Agency To: The Companies Takeover Regula=on Panel And To: (Name and file number of complaint) (insert name of complainant) (Name, registration number and address of respondent(s). Use additional sheet if required ) The par)es have a,empted, but failed, to resolve this dispute by Alterna)ve Dispute Resolu)on in terms of sec)on 166. There does not appear to be any reasonable prospect of resolving the ma,er through this process. Tribunal The Companies Tribunal of South Africa Name and Title of person signing for the Tribunal or Accredited Agency

9 Companies and Intellectual Property Form CoR About this CerEficate This Certificate is issued in terms of Section 166 of the Companies Act, 2008 and Regulation 134 of the Companies Regulations, Application for Accreditation To: The companies From: (Name, Registra.on Number address and contact details of Applicant) The filing fee for this Application is R 500. The above named person or associa2on applies to the in terms of sec2on 166 (4) of the Companies Act, 2008, for accredita2on to serve as a provider of alterna2ve dispute resolu2on services, in terms of the Companies Act, In support of this applica2on, the applicant has adached 1. A resume of its history and experience providing alterna2ve dispute resolu2on services generally, or in terms of any par2cular legisla2on or mandate. 2. A list of the names and iden2ty numbers of its officers, and its employees who will provide services in terms of the Companies Act, including a summary of the relevant educa2on and experience of each such employee. Name and Title of person signing on behalf of the Applicant:

10 Companies and Intellectual Property Form CoR About this CerFficate This Certificate is issued in terms of Section 166 of the Companies Act, 2008 and Regulation 134 of the Companies Regulations, If the has issued a Compliance Notice in conjunction with this Certificate, the accredited entity may apply to the Companies Tribunal in Form CTR 142, to review the conditions imposed by the. (Name and South African Registra6on Number of Accredited En6ty) The above named person or associa2on has been accredited by the in terms of sec2on 166 (4) of the Companies Act, 2008, to serve as a provider of alterna2ve dispute resolu2on services, with effect from the date of this Cer2ficate. This Cer2ficate is Uncondi2onal Registration Certificate Condi2onal on the company sa2sfying the requirements set out in the akached Compliance No2ce. Name and Title of person signing on behalf of the :

11 Companies and Intellectual Property Form CoR About this Form This form is issued in terms of Section 168 of the Companies Act, 2008 and Regulation 135 of the Companies Regulations, This Form must be completed to the best of your ability, and submitted to the Companies for consideration of your complaint. If this complaint is lodged by a company, please provide contact details of the person authorised to discuss the complaint. Generally, information relating to this complaint is not part of the public record unless the refers the complaint to the Companies Tribunal. You have a right to identify information that you believe is confidential by appending a list to this Form. From: (Insert name of complainant) To: The Companies The Takeover Regula9on Panel (Name and Registra6on Number of Company whose conduct is the subject of the complaint) The nature of the complaint: (IProvide a concise statement of the conduct that is the subject of the complaint) Is the conduct s9ll con9nuing? Yes No If not, when did the conduct end? In terms of sec-on 157 (2), do you wish the or the Panel, as the case may be, to commence court proceedings in this maber in your name? Yes No Please abach to this form a typed document sedng out a descrip-on of the conduct that is the subject of this complaint. (Please include the names of each party involved the conduct, dates on which the conduct occurred, when and how you became aware of the conduct, and any other informa6on you consider relevant. Include copies of documents if possible.) The complainant may be contacted at: (insert contact details) Complaint Signed: If the complainant is a juris3c person Name and Title of person signing on behalf of the Complainant:

12 Companies and Intellectual Property Form CoR About this No9ce This form is issued in terms of Section 169 of the Companies Act, 2008 and Regulation 135 of the Companies Regulations, Notice of Non- Investigation of Complaint To: (Insert name of complainant) From: The Companies The Takeover Regula9on Panel (Name and Registra6on Number of Company whose conduct is the subject of the complaint) On, the complainant filed a complaint against the company named above. The Companies, or the Takeover Regula>on Panel, as the case may be, advises in terms of sec>on 169 (1)(a) that it will not inves>gate the complaint because it believes the complaint to be frivolous, vexa>ous, or does not allege any facts which, if proven, would cons>tute grounds for a remedy under the Companies Act, Name and Title of person signing on behalf of the or Panel:

13 Companies and Intellectual Property Form CoR About this No9ce This form is issued in terms of Section 169 of the Companies Act, 2008 and Regulation 137 of the Companies Regulations, Notice to Investigate Complaint To: (Insert name of inspector or inves1gator) From: The Companies The Takeover Regula9on Panel (Name and Registra1on Number of Company whose conduct is the subject of the complaint) On, the complainant filed a complaint against the company named above. The Companies, or the Takeover Regula>on Panel, as the case may be, directs you, in terms of sec>on 169 (1)(c) to inves>gate the complaint as quickly as prac>cable. Name and Title of person signing on behalf of the or Panel:

14 Companies and Intellectual Property Form CoR About this Summons This form is issued in terms of Section 176 of the Companies Act, 2008 and Regulation 137 of the Companies Regulations, The Companies Act protects your constitutional right against self- incrimination. Please refer to section 176 (4) and (5) of the Act. It is an offense in terms of section 215 of the Companies Act to refuse to attend when summoned, or when attending, to refuse to answer any question or produce any document, or to knowingly provide false information to the, or to an inspector or investigator. To: (Insert name of person being summoned) From: The Companies (Name and Registration Number of Company whose conduct is the subject of the complaint and complaint file number) The Companies has directed that an inves3ga3on into the above ma6er be conducted in terms of the Companies Act, You are required to appear and give evidence in connec3on with this ma6er on the date and at the 3me and place set out below. Date: Time: Place: You are required to bring with you: (a) (b) Summons to provide evidence to Companies the documents or items listed on the a6ached sheets; and any other documents or items in your possession or under your control that relate to this ma6er. Name and Title of person signing on behalf of the :

15 Companies and Intellectual Property Form CoR About this NoFce This notice is issued in terms of Section 169 of the Companies Act, 2008 and Regulation 137 (6) of the Companies Regulations, The person to whom this Notice is addressed must respond within 20 business days. It is an offense to knowingly provide false information to the. To: Request for Additional Information (Name and File Number of complaint being Inves8gated) The Companies has begun an inves2ga2on into the complaint referred to above. The Companies requires that you provide the following informa2on rela2ng to that ma=er, within 20 business days aaer the date of this No2ce. (Insert a statement of the par8cular informa8on being requested.) Name and Title of person signing on behalf of the :

16 Companies and Intellectual Property Form CoR About this NoGce This notice is issued in terms of Section 169 of the Companies Act, 2008 and Regulation 137 (7) of the Companies Regulations, The person to whom this Notice is addressed may apply to the Companies Tribunal within 5 business days to confirm, vary or set aside this Demand. It is an offense to knowingly provide false information to the. To: Demand for Corrected Information (Name and File Number of complaint being Inves8gated) The Companies has begun an inves2ga2on into the complaint referred to above. You have previously provided informa2on to the, which appears to be incorrect. The Companies requires that you provide the following corrected informa2on rela2ng to that ma?er, within 20 business days aber the date of this No2ce. (Insert a statement of the par8cular informa8on being demanded.) Name and Title of person signing on behalf of the :

17 Companies and Intellectual Property Form CoR 138 About this NoJce This form is issued in terms of Section 173 of the Companies Act, 2008 and Regulation 138 of the Companies Regulations, To: (Insert name of complainant) From: The Companies (Name and File Number of Complaint) Notice of Consent Order On, you filed a complaint against (insert name of respondent). As contemplated in sec7on 173, the Companies and the respondent have agreed the terms of a consent order, as a@ached. In terms of sec7on 167 and 173, the proposed order may include an award of damages. You are invited to indicate whether you consent to having any damages included in the consent order, and if so, the amount of damage you claim from the respondent in respect of this ma@er. PLease indicate your response by comple7ng the lower por7on of this form, and returning it to the. Name and Title of person signing on behalf of the or Panel: I,, the complainant in this ma@er Consent to an award of damages being included in a consent order, and claim damages in the amount of R. Do not consent to an award of damages being included in a consent order in this macer. Signed Date