To all known creditors
We address this notice to you on behalf of Gridco Building Construction (Pty) Ltd and in compliance with the provisions of the Companies Act, Act 71 of 2008 (“the Act”). Gridco Building Construction (Pty) Ltd resolved to file for Business Rescue on 17 April 2019.
The resolution referred to above was filed with the Companies and Intellectual Property Commission (“CIPC”) on 18 April 2019.
We attach the following :
- The resolution in terms of Section 129 (1) of the Act;
- The sworn statement in terms of Section 129 (1)(a) of the Act;
- The CoR 123.1 duly stamped by CIPC
Johannes Frederick Klopper was licensed and certified by CIPC as the Business Rescue Practitioner for Gridco Building Construction (Pty) Ltd.
- Please find attached a notice as contemplated in Section 129 of the Act, informing you of my appointment as Business Rescue Practitioner for Gridco Building Construction (Pty) Ltd (CoR 123.2).
- Notice of first meeting of affected parties in terms of Section 147 of the Act(Notice of 1st meeting).
- An agenda for the above-mentioned meeting in terms of Section 147 of the Act is also attached(Agenda).
The Act is not prescriptive with regard to the submission of claim documents in support of a claim against Gridco Building Construction (Pty) Ltd neither as to the format of such a claim, nor the time period for the submission of a claim. This is requested to enable the practitioner (BRP) to comply with Section 145 (5)(c) of the Act provides that the BRP must determine the voting interest of creditors at least 15 days before the date of the meeting to consider a business rescue plan. This will also enable the BRP to determine whether a creditor is independent for the purposes of Chapter 6 of the Act.
In fact, Section 147 states that a creditor may lodge a claim at this meeting, clearly indicating that the submission is not mandatory and on my interpretation can at any stage be submitted to the BRP.
However, we hereby advise that we do require that creditors submit their claims for proof despite the provisions of section 147 of the Act.
For those creditors who wish to lodge a claim either prior to or after the meeting I would propose the following:
- Any claim should at the very least be supported by an affidavit deposed to by an authorized individual;
- The claim documents and its supporting documents can be sent to me electronically at any time for consideration. I will revert to you as soon as possible, after verifying the claim against the records of the company;
- You are welcome to utilize your own format, but for your convenience I attach a claim document (Claim form);
- If creditors wish to submit their claim documents for purposes of the convened 1st meeting of Friday the 3rd May 2019, please see to it that your claim document is sent to me at least 24 hours before the meeting to give me sufficient time to consider the claims.
Obo JF Klopper