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Companies and Intellectual Property Commission Republic of South Africa _______________________________________________________________________________ This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 (Act No. 71 of 2008). Notice of Beginning of Business Rescue Proceedings Date: __________________________________________________________________ Customer Code:_________________________________________________________ Concerning (Name and Registration Number of Company) Name:________________________________________________________________ Registration No: ________________________________________________________ The above named company advises that business rescue proceedings have commenced in terms of Chapter 6 of the Companies Act, as a result of: The Board of the company having adopted the attached resolution in terms section 129, on _______________________________________. A Court having made the attached order in terms of section 131, on _________________________________. In terms of section 132 (1)(a), the company’s business rescue proceedings commenced on __________________________________________, being the date on which: This notice was filed with the Commission. The court issued the attached order. (Only in the case of a company resolution) In support of this Notice, the company has attached a sworn statement of the relevant facts upon which the resolution was founded by a director representing the Board. Name and Title of person signing on behalf of the Company: Authorised Signature: _______________________________________________________________________ Form CoR 123.1 About this Form This form is issued in terms of section 129 and 131 of the Companies Act, 2008, and Regulation 123 of the Companies Regulations, 2011. A company resolution to committee business rescue proceedings has no force or effect until it has been filed with this notice. This notice must be published to every affected person within 5 business days after - (a) It has been filed, in the case of a resolution; or (b) The date of the court order, in such a case. If this Notice is issued following a board resolution- (a) The company must appoint a business rescue practitioner with 5 business days after filing this notice ; and (b) Any affected person may apply to a court in terms of section 130 for an order setting aside the resolution. The fee for filing this notice is R0. Contacting the Commission The Companies and Intellectual Property Commission of South Africa Postal Address PO Box 429 Pretoria 0001 Republic of South Africa Tel: 086 100 2472 www.cipc.co.za 4 May 2020 WERKMP Comair Limited 1967/006783/06 x 4 May 2020 x Ms Wrenelle Stander (Director and Chief Executive Officer) 5 May 2020

Companies and Intellectual Property Commission Republic of … · 2020. 5. 7. · Companies and Intellectual Property Commission Republic of South Africa _____ This form is prescribed

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  • Companies and Intellectual Property Commission Republic of South Africa

    _______________________________________________________________________________

    This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 (Act No. 71 of 2008).

    Notice of Beginning of Business Rescue Proceedings

    Date: __________________________________________________________________

    Customer Code:_________________________________________________________

    Concerning

    (Name and Registration Number of Company)

    Name:________________________________________________________________

    Registration No: ________________________________________________________

    The above named company advises that business rescue proceedings have commenced

    in terms of Chapter 6 of the Companies Act, as a result of:

    The Board of the company having adopted the attached resolution in terms section

    129, on _______________________________________.

    A Court having made the attached order in terms of section 131, on

    _________________________________.

    In terms of section 132 (1)(a), the company’s business rescue proceedings commenced

    on __________________________________________, being the date on which:

    This notice was filed with the Commission.

    The court issued the attached order.

    (Only in the case of a company resolution)

    In support of this Notice, the company has attached a sworn statement of the relevant

    facts upon which the resolution was founded by a director representing the Board.

    Name and Title of person signing on behalf of the Company:

    Authorised Signature:

    _______________________________________________________________________

    Form CoR 123.1

    About this Form

    • This form is issued in termsof section 129 and 131 ofthe Companies Act, 2008,and Regulation 123 of theCompanies Regulations,2011.

    • A company resolution tocommittee business rescue proceedings has no force oreffect until it has been filedwith this notice.

    • This notice must bepublished to every affectedperson within 5 businessdays after -

    (a) It has been filed, in thecase of a resolution; or

    (b) The date of the courtorder, in such a case.

    • If this Notice is issued

    following a board resolution-

    (a) The company must appoint

    a business rescue

    practitioner with 5 business

    days after filing this notice ;

    and

    (b) Any affected person may

    apply to a court in terms of

    section 130 for an order

    setting aside the resolution.

    • The fee for filing this notice

    is R0.

    Contacting the

    Commission The Companies and Intellectual Property Commission of South Africa

    Postal Address PO Box 429 Pretoria 0001 Republic of South Africa Tel: 086 100 2472

    www.cipc.co.za

    4 May 2020

    WERKMP

    Comair Limited

    1967/006783/06

    x4 May 2020

    x

    Ms Wrenelle Stander (Director and Chief Executive Officer)

    5 May 2020

    NHarduthText Box

  • Companies and Intellectual Property Commission Republic of South Africa

    _______________________________________________________________________________

    This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 (Act No. 71 of 2008).

    Notice of Appointment of Business Rescue Practitioner

    Date: __________________________________________________________________

    Customer Code:_________________________________________________________

    Concerning

    (Name and Registration Number of Company)

    Name:________________________________________________________________

    Registration No: ________________________________________________________

    The above named company commenced business rescue proceedings on

    _________________________________________________.

    The following person has been appointed as the business rescue practitioner:

    __________________________________________________________________.

    By the company, in terms of section 129 (3)(b).

    By the court, in terms of section 131 (5).

    Name and Title of person signing on behalf of the Company:

    Authorised Signature:

    _______________________________________________________________________

    Form CoR 123.2

    About this Form

    • This form is issued in termsof sections 129 and 131 of the Companies Act, 2008, and Regulation 123 of the Companies Regulations, 2011.

    • This notice must bepublished to every affectedperson within-

    (a) 2 business days afterit has filed, if thecompany appointedthe Practitioner; or

    (b) 5 business days afterthe court order, insuch a case.

    • If this notice is issuedfollowing a companyappointment, any affectedperson may apply to a courtin terms of section 130 foran order setting aside theappointment, or requiringthe practitioner to providesecurity.

    • The fee for filing this Noticeis R0.

    Contacting the

    Commission The Companies and Intellectual Property Commission of South Africa

    Postal Address PO Box 429 Pretoria 0001 Republic of South Africa Tel: 086 100 2472

    www.cipc.co.za

    4 May 2020

    WERKMP

    Comair Limited

    1967/006783/06

    Shaun Collyer and Richard Ferguson

    x

    Ms Wrenelle Stander (Director and Chief Executive Officer)

    5 May 2020

    NHarduthText Box

  • redfordcapital

    Redford Capital (Pty) Ltd Reg. No. 2007/012982/07 Directors: Shaun Collyer* • Richard Ferguson* • Lourens Louw

    *Member of South African Restructuring and Insolvency Practitioners Association *Member of Turnaround Management Association of Southern Africa

    Tel +27 21 702 1702 Fax +27 86 588 1841 Email [email protected] www.redfordcapital.co.za PO Box 268 Cape Town 8000 33 Bell Crescent Westlake Westlake Business Park Cape Town South Africa Also at: 134 10th Street Parkmore Johannesburg South Africa

    4th May 2020

    Per e-mail: [email protected]

    The Board of Directors Comair Limited 1 Marignane Drive Bonaero Park South Africa 1619 Att: Mr Lindsay Ralphs Dear Sir

    RE: APPOINTMENT AS BUSINESS RESCUE PRACTITIONER OF COMAIR LIMITED (“THE COMPANY”)

    I refer to your letter dated 4th May 2020 and confirm that I am available and consent to being appointed as a joint business rescue practitioner of the Company, subject to the provisions of the Act. I further confirm I am qualified to be appointed as a business rescue practitioner as provided for in Sections 138(1)(a) of the Act, i.e. that I:

    • Am of sound financial status and not insolvent in terms of Section 138 of the Act;

    • Am not subject to an order of probation as referred to in Section 138(1)(c) of the Act;

    • Would not be disqualified from acting as a director of the Company in terms of Section

    138(1)(d) of the Act;

    • Do not have any relationship with the Company that would lead a reasonable and informed

    third party to conclude that my integrity, impartiality or objectivity is compromised by any such

    relationship as envisaged by section 138(1)(e) of the Act; and

    • Am not related to any person who has a relationship envisaged in section 138(1)(f) of the Act. Please see enclosed copies of my:

    • Identification document,

    • Conditional licence from the CIPC to act as business rescue practitioner; and

    • Tax clearance certificate.

    Yours faithfully

    SHAUN COLLYER DIRECTOR

    mailto:[email protected]://www.redfordcapital.co.za/mailto:[email protected]

  • redfordcapital

    Redford Capital (Pty) Ltd Reg. No. 2007/012982/07 Directors: Shaun Collyer* • Richard Ferguson* • Lourens Louw

    *Member of South African Restructuring and Insolvency Practitioners Association *Member of Turnaround Management Association of Southern Africa

    Tel +27 21 702 1702 Fax +27 86 588 1841 Email [email protected] www.redfordcapital.co.za PO Box 268 Cape Town 8000 33 Bell Crescent Westlake Westlake Business Park Cape Town South Africa Also at: 134 10th Street Parkmore Johannesburg South Africa

    4th May 2020

    Per e-mail: [email protected]

    The Board of Directors Comair Limited 1 Marignane Drive Bonaero Park South Africa 1619 Att: Mr Lindsay Ralphs Dear Sir

    RE: APPOINTMENT AS BUSINESS RESCUE PRACTITIONER OF COMAIR LIMITED (“THE COMPANY”)

    I refer to your letter dated 4th May 2020 and confirm that I am available and consent to being appointed as a joint business rescue practitioner of the Company, subject to the provisions of the Act. I further confirm I am qualified to be appointed as a business rescue practitioner as provided for in Sections 138(1)(a) of the Act, i.e. that I:

    • Am of sound financial status and not insolvent in terms of Section 138 of the Act;

    • Am not subject to an order of probation as referred to in Section 138(1)(c) of the Act;

    • Would not be disqualified from acting as a director of the Company in terms of Section

    138(1)(d) of the Act;

    • Do not have any relationship with the Company that would lead a reasonable and informed

    third party to conclude that my integrity, impartiality or objectivity is compromised by any such

    relationship as envisaged by section 138(1)(e) of the Act; and

    • Am not related to any person who has a relationship envisaged in section 138(1)(f) of the Act. Please see enclosed copies of my:

    • Identification document;

    • Conditional licence from the CIPC to act as business rescue practitioner; and

    • Tax clearance certificate.

    Yours faithfully

    RICHARD FERGUSON DIRECTOR

    mailto:[email protected]://www.redfordcapital.co.za/mailto:[email protected]