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Page | 1 G&A Compass Training Courses in Business Rescue &Compromise Offers G&A Compass Publishing and Training (Proprietary) Limited Registration Number 2014/230079/07 Director Robert Appelbaum www.gnacompass.co.za Date: September 2015 Course reference : BRCOBTC,BRATC & COATC

Transcript of G&A Compass Training Courses in Business Rescue ... · PDF fileG&A Compass Training Courses in...

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G&A Compass Training Courses in

Business Rescue &Compromise Offers G&A Compass Publishing and Training (Proprietary) Limited

Registration Number 2014/230079/07

Director Robert Appelbaum

www.gnacompass.co.za

Date: September 2015

Course reference : BRCOBTC,BRATC & COATC

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Why attend a G&A Business Rescue and Compromise Offers course

The course material is based on the empirical research performed by the authors and, combined

with their wealth of experience in the Commercial world, explains what really happens during a

Business Rescue or Compromise Offer, as opposed to what should happen. The authors believe that

a Company that is in financial distress is ultimately an economic problem which has the potential of

being dealt with under the legal framework of Chapter 6 of the Act. The courses highlight the various

pitfalls of most strategies followed by

many Practitioners and Affected parties

during a Business Rescue.

The training courses will enable Affected

parties of a Business Rescue to negotiate

within the framework of true compliance,

as opposed to litigating to compliance and

suffering financial losses in process. By

being trained in the G&A Compass

methodology, the attendee will learn how

to obtain the necessary information about

what should be done or what can be done

in terms of Chapter 6 of the Act and

applicable case law. This methodology is a

world first, providing a totally new and fresh

approach to unpacking the responsibilities of

highly complex legislation. Training in the G&A Compass methodology enables any person, be it a

business rescue practitioner, legal practitioner, credit manager, auditor or any other interested or

affected party to participate in a meaningful and constructive manner in a Business Rescue or

Compromise Offer.

Affected parties have the right to information and the right to participate in the decision making,

which is ultimately based on the business rescue plan presented. Understanding what should be

included in a business plan in terms of financial information as prescribed in the Act will enable the

affected parties to make informed decisions. The course explains what financial information should

be included and how it should be presented to be considered acceptable, and what can be

demanded if it is not acceptable. By having access to

correctly presented and verified information, an affected

party is empowered to consider the existing plan and to

make alternative suggestions.

Presenters of the Course

The courses will be presented by Robert and Karl who

invented the G&A methodology to help you navigate

through the complexities of the law and wrote the book

on Business Rescue and Compromise Offers. Through

their experience in dealing in commercial matters and

their insights based on their findings of their empirical

and ground breaking research they present a fresh

Example of the material that course attendees will receive

Robert Appelbaum (54),

BA LLB

Karl Gribnitz (49),

MCom FCIS

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perspective on how to deal with Business Rescue and Compromise Offers.

Training courses offered by G&A Compass on Business Rescue and Compromise Offers

G&A Compass products are designed to be functional and to assist the user to find the answers they

are looking for when dealing with the complexities of the Act. The authors have designed a course

based on their research and their wealth of experience, bringing you knowledge that is practical and

deals with real-life issues.

Courses offered

G&A Compass is excited to announce three new training courses, being:

• Business Rescue and Compromise Offers Basic Training Course “BRCOBTC”, a one day course,

please refer to the agenda on page 3;

• Business Rescue Advanced Training Course “BRATC”, a one day course, please refer to the agenda

on page 4;

• Compromise Offers Advanced Training Course “COATC”, a half day course, please refer to the

agenda on page 5;

These individual courses are also offered as combination courses which result in substantial savings

for those attending the combination packages. These include:

• The basic course in Business Rescue and Compromise Offers (BRCOBTC) and advanced course in

Compromise Offers (COATC), a one and half day course;

• The basic course in Business Rescue and Compromise Offers (BRCOBTC) and the advanced course

in Business Rescue (BRATC), a two day course

• The basic course in Business Rescue and Compromise Offers (BRCOBTC) and the advanced course

in Business Rescue (BRATC), together with the advanced course in Compromise Offers (COATC), a

two and half day course.

Price list for the courses offered

The price list for the various courses and combinations thereof is set out on the next page. All prices

include Vat. The terms and conditions for booking and attending the courses are set out on page 8.

Savings when booking combination courses

The combination courses offer substantial savings as opposed to booking the individual courses. If you

have already purchased a book and are registered as user on our website, you will be entitled to a

further discount equivalent to the price you paid for your book.

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Basic BRCOBTC BRCOBTC

BRCOBTC COATC BRATC BRATC

COATC

1 ½ 2 2 ½

4,503.00R 3,648.00R 6,555.00R 7,695.00R

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The risk, role and responsibility

of business rescue practitioners;

The role of post commencement

finance in a business rescue

All the presentation slides used

during the lecture training

course;

Note pad, highlighter, pencil and

pen (yes you are going to need

it!)

1. If you have already bought the book and are a registered user on your website you will receive a discount equivalent the

purchase price of the book.

Lunch

Refreshments

Single courses

1 : Bound

BRCOBTC

file containing :

Advanced

Cost (incl. Vat)

Bound file1

Bound file2

Bound file3

Book4

5,586.00R

Note pad, highlighter, pencil and

pen (yes you are going to need it!)

All the presentation slides used

during the lecture training course;

Copy of all the minutes of the

meetings held in terms of Section

155.

Details of material provided per course

All the presentation slides used

during the lecture training course;

Note pad, highlighter, pencil and

pen (yes you are going to need it!)

Copies of all the minutes of the

meetings held in terms of section

152 and 153

5,472.00R

�C

ase

stu

dy

The role of affected parties

during business rescue

proceedings;

Combination courses

BRCOBTC

COATC

3 : Bound

COATC

file containing :

G&A Compass

methodology to

Business Rescue

and Compromise

Offers (600 full

colour page

hardcover book)

Ca

se s

tud

y

Copy of an offer of compromise

business plan prepared in terms of

Section 155

2 : Bound

BRACT

file containing :

Various business rescue plans,

which were drafted for the same

company in terms of

amendments proposed by

creditors at Section 152 meeting,

and which resulted in a Section

153 meeting and subsequently a

further plan drafted by a different

practitioner.

1 ½

Cost, length and what will be provided at a course

BRATC

1

Courses

offered

Days

BRCOBTC BRATC COACT

means Business Rescue

and Compromise Offer

Basic Training Course ,

the agenda is set out on

page 3 and it is a one

day course;

means Business Rescue

Advanced Training

Course, the agenda is

set out on page 4 and it

is one day course;

means Compromise

Offers Advanced

Training Course, the

agenda is set out on

page 5 and it is half day

course;

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Business Rescue and Compromises Basic Training Course Time Speaker

Material

Understanding the business rescue or compromise offer environment

8h00 Arrival and registration (Tea and pastries served)

8h30 Introduction and welcome Robert

8h45 Understanding the logic used in writing the Act Karl

In this session we look at how one word, in a very long sentence, has a

fundamental influence on what should be or could be done. The attendees each

receive a copy of the book which will be used as the guide throughout the training

course. You will learn how to access the book and find any information pertaining

to Business Rescue or Compromise Offers in the book or the web-site.

G&A

methodology

on Business

Rescue and

Compromise

offers

9h00 Discussing the phases and parties of Business Rescue and Compromises Karl

What is a Business Rescue and what is a Compromise Offer, how does it come

about and how is implemented. Based on the analysis of the authors, we will

discuss the roles of the various parties and what the various phases are during a

Business Rescue and compare this to Compromise Offers.

10h15 Tea with snacks

10h30 Role of the Affected parties during Business Rescue Karl

We discuss that the role of Shareholders, Creditors and Employees should be

during Business Rescue and how to approach a Business Rescue. Based on our

empirical research findings, we explain to you what your rights are and what the

likely outcome will be during the Business Rescue if you take certain actions during

a Business Rescue or a Compromise Offer.

The role of

affected parties

during business

rescue

proceedings

11h15 The role of the practitioner during Business Rescue Karl

We look at the issues that a business rescue practitioner will encounter during a

business rescue proceeding, how to deal with time and resources and manage risk.

We also look at the risks in managing a business rescue practise and how these

issues impact the managing of actual business rescues.

The risk, role

and

responsibility of

business rescue

practitioners

12h45 Lunch (provided )

Critical elements which must be present during business rescue

13h45 The role of dates and notices during the Business Rescue proceedings and

Compromise Offers

Karl

We discuss the critical dates in terms of which certain actions have to take place

and on which dates the information in a Business Rescue plan should be presented.

We also discuss the how notices must be served and what should be contained in

those notices.

14h30 The role of finance during Business Rescue Karl

What financing elements must be present during a Business Rescue; how post

commencement finance works in terms of suppliers and funders; and, what are

risks associated with post commencement finance.

Role of post

commencement

Finance

15h15 Tea with snacks

15h30 How does the courts view business rescue? Robert

We discuss how our case law search engine works, and give a summary of the most

controversial and newest views by the Courts. We highlight which cases you should

take note of when dealing with Business Rescue and Compromise Offers.

Access to our

case law on the

website

16h15 Closing and summary Robert

Presenters: Robert – Robert Appelbaum BA LLB & Karl – Karl Gribnitz B Com(Hons) M Com FCIS

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Business Rescue Advanced Training Course Time Speaker

Material

What must be contained in a business rescue plan?

8h00 Arrival and registration (Tea and pastries served)

8h15 Introduction and welcome Robert

8h30 Case study: Business rescue plan – The general requirements Karl

This case study will present and discuss two actual business plans, drafted by two

different practitioners, based on the same information. The case study will focus

on the various requirements which must be included and dealt with in a business

plan, including:

• Information which must be included in the plan;

• Investigation of the affairs of the Company by the practitioner;

• Considerations to be taken into account when dealing with loans which don’t

comply with Section 45 requirements;

• What are the requirements of the statement which must be included by the

practitioner?

Case study:

presenting

copies of the

two business

plans

10h15 Tea with Snacks

10h45 Case study: Business rescue plan – The financial requirements Karl

We continue with case study, using the book to evaluate if a business plan

complies with the requirements of the Act. The case study also shows how the

prescribed structure of a business plan must be adhered to, we focus on:

• Presentation of financial information, and dates this information must be

presented;

• How to map the information that the practitioner obtains when starting with

the business rescue, the subsequent investigation, to the presentation;

• How to deal with implications and impact of post commencement finance in

a business rescue plan;

• What are the impact of adjustments to the income statement and balance

sheet and how must they be presented; and

• How must the projections for three years be presented?

12h45 Lunch (provided )

How should a meeting held in terms of Section 152 and 153 be conducted?

13h45 Case study: Minutes of Section 152 meetings held in terms of the business

plan presented above.

Karl

We discuss the content of the meetings and what transpired at these meetings,

dealing with inter alia:

• What must be included in the agenda of the Company;

• What must be contained in an attendance register;

• What are the responsibilities of the practitioner as chairman at the meeting;

• What happens if an unannounced alternative plan is presented at the

meeting;

• Who votes on behalf of the shareholders if the equity has been ceded?

Case study

The minutes of

the meeting

held

15h15 Tea with snacks

15h30 Case study: Minutes of Section 153 meetings held in terms of the business

plan presented above.

Karl

We discuss what happens if a binding offer is made at Section 152 meeting, the

resulting Section 153 meeting and what must happen at such a meeting.

16h15 Summary and conclusions

16h45 Closing Presenters: Robert – Robert Appelbaum BA LLB & Karl – Karl Gribnitz B Com(Hons) M Com FCIS

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Compromise Offers Advanced Training Course Time Speaker

Material

Why consider an offer of Compromise?

8h00 Arrival and registration (Tea and pastries served)

8h15 Introduction and welcome Robert

8h30 The general requirements for an Offer of Compromise Karl

We will discuss the following requirements when dealing with Compromise

offers:

• The implications of making an Offer of Compromise and dealing with Section

129(7);

• What is an Offer of Compromise;

• What are the processes which must be followed, for a Company to make an

Offer of Compromise to its Creditor’s;

• What consideration must the director or liquidator give in dealing with a

Compromise Offer;

• What information should be present to draft a Compromise Offer;

• What is the implication of the certificate signed by the directors; and

• When is it binding on all creditors?

Presentation

notes

9h45 Tea with Snacks

10h45 Case study: Business rescue plan – General and financial requirements Karl

We present a case study showing how, by using the book, to evaluate if a

business plan complies with the requirements of the Act. The case study deals

with the prescribed structure of Compromise Offer, and we specifically focus on:

• Presentation of financial information, and on which dates this information

must be presented;

• What is the impact of adjustments on the Income Statement and Balance

Sheet and how must this be presented;

• How must the projections for three years be presented; and

• What tests must be performed by the directors when designing the Offer of

Compromise?

Case study:

presenting a

copy of offer of

compromise

business plan

12h45 Lunch (provided )

14h00 Discussion, Questions and Closing Presenters: Robert – Robert Appelbaum BA LLB & Karl – Karl Gribnitz B Com(Hons) M Com FCIS

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G&A Compass Enrolment Terms and Conditions

Applicants must book to attend the course 7 days prior to the date on which the course is due to start by

completing the enrolment form on www.gnacompass.co.za/training. If space permits in the venue, we will

accept late bookings which can be arranged by emailing Pamela at [email protected]. The fees for the

courses must be deposited in the account of G & A Compass Publishing and Training (Proprietary) Limited (“G&A

Compass”). Payments can either be done via our website address www.gnacompass.co.za/training or you can

submit the enrolment form below with proof of payment to [email protected], where upon we will

confirm that your place has been reserved for the course. In the event of you making a booking for a course and

you not making the necessary payment within 7 days, G&A Compass reserves the right to cancel the booking.

We request that all direct payments which are made must reflect your ID number or the G&A Compass invoice

number. In the event of your employer of firm agreeing to pay for the course, we request that you provide us

with a purchase order with the necessary supporting letter confirming that the booking is for you specifically.

Please be advised that no person will be allowed to attend the course if the payment for the course has not

been received.

You agree to our terms and conditions upon registering on our website for the course or by signing the attached

enrolment form. Should you not agree with the terms and conditions as set out below we request you not to

book the course and kindly do not proceed with booking the course. The terms and conditions apply to any

person who has completed an enrolment form and you may print the enrolment terms and conditions, available

on our website, www.gnacompass.co.za/training. Should you not understand any of the enrolment terms or

conditions, were request that you forward your questions to [email protected].

By completing the enrolment form, you agree that G&A Compass may make any changes pertaining to the

information supplied at any time.

G&A Compass reserves the right to refuse admission to any course by any applicant at its sole discretion, which

refusal may occur at any time.

G&A Compass does not require any qualifications to attend its courses, but the applicant acknowledges that the

courses are of a highly technical nature dealing with issues in law, accounting and business management. It is

the responsibility of the applicant to ensure that they have enough basic knowledge of the subject matter that

will be dealt with at the course.

By submitting an enrolment form you accept that you will be responsible for the payment to register for the

course, and if you fail to make such payment G&A Compass will refuse you entry to the course.

G&A Compass reserves the right of admission to any of its courses and in the event of the course organisers

refusing such entry, G&A Compass may refund the applicant, but will do so at its sole discretion.

The applicant agrees not to use alcohol, drugs or to smoke in any premises where a G&A Compass course is

presented and agrees that the course organisers may expel an applicant who is found to do so.

The applicant understands that the on-line case law search facility is only available to registered users and will

only become available to attendees during the course.

All G&A Compass courses will be offered in English unless special arrangements are made with the event

organisers.

Any dispute between you and G&A Compass will be dealt with under South African law and the appropriate

courts will have the jurisdiction.

All intellectual property (text, graphical images, pictures and other licenced material) belongs to G&A Compass,

and may not be reproduced or distributed by any other party.

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You may cancel up to 5 days prior to the course upon which G&A Compass will refund the fees paid by yourself,

any cancellations later than 5 days prior to the course will not be refunded. Please email any cancellation

notices to [email protected]

G&A Compass may consider a refund in exceptional circumstance in the event of a late cancelation or offer you

an alternative date to attend the course.

G&A will treat your personal information as private and confidential and will only make such information

available if it statutorily required to do so.

You consent that your personal information may be used for communication about your enrolment and related

activities as well as for statistical and marketing purposes by G&A Compass and that you have the right to

terminate this use at any time by notice to G&A Compass.

Neither G&A Compass nor any of its agents or representatives shall be liable for any personal damages, loss or

liability of whatsoever nature arising from the attendance of a course presented by G&A Compass or as a result

of entering upon the premises where a G&A Compass Course is offered.

G&A Compass reserves the right change the date sequence, venues, speakers or the content of any course.

Should you not be satisfied with any such changes G&A Compass will consider refunding you in full or in part,

but will do so at its sole discretion.

Any payments must be made to:

G&A Compass Publishing and Training (Pty) Ltd

First National Bank

Branch : Craighall

Account number : 625 204 33260

or

Payment via credit card: www.gnacompass.co.za/training

Code of Conduct

• We reserve the right to request the attendee provide proof of identity that agrees with the

registered applicant of the course.

• Attendees agree to participate in the course in a positive and mutually respectful manner.

• Theft, vandalism, mutilation, defacing or marking of venue materials, facilities or property are

disciplinary offences.

• Unauthorised use, misuse, or removal of any equipment or material during the presentation

of the course will be treated as theft and is a disciplinary offense.

• Cell phones should not generally be used during the course. Ring tones should be set at low

discreet or vibrate levels, calls should be not normally be taken or made during the course.

• Alcohol and or drugs may not be consumed at the venue during the course.

• Smoking is not permitted at any time at the venue during the course.

• Insulting language or provocative behaviour to presenters or attendees of the courses will not

be tolerated and are disciplinary offences.

• Attendees are required to dress in an appropriate business-like manner.

• Punctual arrival for courses is essential, no disruption of the course presentation will be

tolerated.

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