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Velile Tinto Company Proposal - Jan 2015 (2)

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Page 1: Velile Tinto Company Proposal - Jan 2015 (2)
Page 2: Velile Tinto Company Proposal - Jan 2015 (2)

THE FACE OF VELILE TINTO & ASSOCIATES

“I always remember the axiom: a leader...is like a shepherd. He stays behind the flock, letting the most nimble go out ahead, whereupon the others follow, not realizing that all along they are being directed from behind” - Nelson Mandela

Page 3: Velile Tinto Company Proposal - Jan 2015 (2)

EXECUTIVE SUMMARY

Velile Tinto & Associates is a BEE Banking Law Firm with a National Footprint in South Africa. The firm has a reputation for excellent service delivery through cost effective Litigation and Conveyancing. We echo the Mission and Values of our clients and continue building on the symbiotic relationship we have with our clients through service excellence and value added services.

Page 4: Velile Tinto Company Proposal - Jan 2015 (2)

OUR MISSION

Placement of the Bank at the centre of everything we do; Differentiation through superior service; Continuous innovation; Brilliance at execution; Employment of highly qualified & efficient staff to engage in effective business; Lead by example

All of the above are evident in our reputation.

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Respect; Integrity; Service; Excellence; Stewardship

OUR VALUES

Page 6: Velile Tinto Company Proposal - Jan 2015 (2)

DIRECTORSHIP & SENIOR MANAGEMENT

Velile Tinto

Director

Nelius Van Huyssteen

Director

Martin Vorster

Chief Operations Officer

Danie Swanepoel

Senior Litigation Attorney

PS Grobler

Executive Consultant

Page 7: Velile Tinto Company Proposal - Jan 2015 (2)

ORGANOGRAM : BRANCHES

HEAD OFFICE

CAPE TOWN

Johan VD Merwe

CALL CENTRE

Cornel Grundling

DURBAN

Melanie Morgans

Crystal Jacob

CENTURION

Carol Louw EAST LONDON

Denver Bright

Rozelle Terblans

OR TAMBO

Narien JV Niewenhuizen

FOURWAYS

Christiaan De Wet

Kiki Meneses

BOKSBURG

Christopher Jukes

Patricia Morris

Page 8: Velile Tinto Company Proposal - Jan 2015 (2)

OUR PERSONNEL

We have built our business and reputation on maintaining high ethical and professional standards with a “Boutique Hotel” style of exceptional service.

This reputation is continued by a vast team of highly-accomplished attorneys whose unrivalled knowledge and extensive experience ensures that Velile Tinto & Associates remains the legal firm of choice for South African businesses, major corporations and private persons.

Further to the aforesaid we head-hunt only the best personnel as we firmly believe that when you combine the right people with a strong spirit of teamwork and co-operation, success is the inevitable consequence. As a norm in world economics the language for servicing clients are mainly English, but we can assist in a variety of different languages as our staff is made up of a diversity of cultures and races and we proudly support all official languages in the Republic.

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OUR PERSONNEL

All new Staff are screened by our Recruitment agency & the following verifications are concluded: The Legal right to work in the country in which the employee is assigned; Address verification; Company verification; Career verification & Referencing; Academic qualifications/Professional membership; Satisfactory credit / bankruptcy checks & international checks; Sanction checks;

Criminal Records and Director checks

Page 10: Velile Tinto Company Proposal - Jan 2015 (2)

SPECIALISED FIELDS

Conveyancing

Finance

Commercial

Litigation

Debt Review Department

Business Rescue

Call Centre Collections

Page 11: Velile Tinto Company Proposal - Jan 2015 (2)

CONVEYANCING

Velile Tinto has a progressive and entrepreneurial practice in property and conveyancing alongside our other branches of law. As the Attorneys in the conveyancing department are able to draw on their many years of property experience, we are able to provide comprehensive and cutting edge assistance whether we are representing an adviser, bank, developer, property owner or occupier or other institutional client. Our work in property law extends to all the property-related disciplines. The Conveyancing side of our business involves the legal process of buying and selling of freehold and leasehold property of all descriptions, from small bungalows to large mansions and including shopping centers, factories, farms and businesses. The success rate of the Conveyancing department of Velile Tinto can be contributed to the fact that services rendered are always of an impeccably professional character. The main aim of all our endeavors is to provide clients with the kind of service that they would wish to have from their legal advisers - as swift and accurate as we can possibly make it, as courteous and helpful as we can be, and as efficient and effective as our experience and expertise, coupled with modern technology, can achieve.

Page 12: Velile Tinto Company Proposal - Jan 2015 (2)

CONVEYANCING

Our Conveyancing services include the following:

Opening of Town Registers;

Negotiating and drafting of agreements relating to property transactions;

Conventional and Sectional Title transfer of properties ;

Mortgage bonds and Notarial bonds registrations and cancellations;

Township and Sectional Title developments;

Sub-division and consolidation of properties ;

Servitude Registrations;

Water Rights;

Ante-nuptial contracts ;

General Conveyancing

Page 13: Velile Tinto Company Proposal - Jan 2015 (2)

FINANCE

We are on the panels of all the major lenders, banks, and securitization companies, and can assist with both mortgages and re-mortgages. Good relationships with lenders ensure a smooth transaction, eliminating many unnecessary delays. Our Panels Include: ABSA Bank Investec Nedbank Limited SA Home Loans FirstRand Bank Limited Standard Bank of South Africa Integer CUF Standard Charter Bank of Athens Old Mutual Liquid Home Loans Mercantile Bank

Our clients are given direct dial telephone numbers and individual email addresses for their property conveyancing team.

Page 14: Velile Tinto Company Proposal - Jan 2015 (2)

LITIGATION

The Firm has been engaged in cases that have had a positive impact on the rights of investors, workers and the environment. Velile Tinto Litigation earned its national reputation by undertaking and winning difficult cases which other law firms were unable or unwilling to pursue. Our longstanding clients acknowledge our dedication to personal service and focus on client collaboration to map out business goals and avoid expensive litigation.

The Litigation department specializes in the following fields: Foreclosures : We are recognised on the panels on which we serve as a preferred firm to attend to foreclosures. We have 3500 current foreclosure files on our books; Collections : Our advanced computer system enables us to specialize in all collections from the Micro Collections to Entire Book Collection Projects supported by a dedicated tracing network with experience exceeding 15 years; …………..

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LITIGATION

The Litigation department specializes in the following fields continued: Litigations and Insolvencies Commercial Law Banking Law Litigation Motor Vehicle Accident and Personal Injury Claims General and Civil Litigation Action Proceeding Family and Matrimonial Matters. Mergers and Acquisitions Asset Based Finance Collections Company Law – Formation of Companies, Trusts , Partnerships and Shareholder relationships Franchising and Licensing Building and Engineering Litigation Labour and Industrial Law Deceased and Insolvent Estates

When advising clients we believe that the prevention of the problems before they occur and knowledge of the clients business is essential and pro active advice to the client is therefore necessary.

Page 16: Velile Tinto Company Proposal - Jan 2015 (2)

DEBT REVIEW DEPARTMENT

Since the inception of the NCA this extremely important field was developed under the Foreclosure Department. At Velile Tinto we have developed our Debt Review department to the force it is now through the assistance, guidance and unrivalled Debt Review knowledge of Attorneys Danie Swanepoel. In addition to the normal duties in the Debt Review sphere i.e. Opposing unacceptable Debt Review applications, our Senior Members regularly set up Round Table meetings with Debt Counsellors and their Attorneys. We use these meetings to educate Debt Counsellors on the true intention of the Act and explain to them the importance of eventual satisfaction. This ongoing process results in better offers to Credit Providers benefitting both the Consumer and the Credit Provider. The Round Table Forum regularly results in Settlements thus keeping Legal Fees to a minimum.

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BUSINESS RESCUE

In any market-based economy it is a natural consequence that there will always be companies that fail. This is not necessarily a bad thing, and most commercially developed nations recognise that failed companies are part and parcel of any healthy economy. Companies that fail to be competitive within the market place will inevitably be taken over by other, stronger companies, or wound up. There are various factors that may give rise to the failure of a company, for instance factors that are internal to the sphere where the company operates, national or international demand for a particular product, poor marketing strategies, poor management of the company by its office bearers, operational mediocrity, poor risk management, poor accounting or a lack of a succession plan. There is no single factor that can be attributed to the failure of companies. Although it is quite healthy and normal for companies to fail, the downside of this is that it may have a major impact on the economy and on the employees who are employed by that company. When winding-up a company, the revenue generated by that company will be lost to the economy, and the resultant job losses will have an extremely negative impact on the communities from where these businesses operated.

Page 18: Velile Tinto Company Proposal - Jan 2015 (2)

BUSINESS RESCUE

Since the turn of the new millennium commercially developed nations are leaning towards rescuing companies instead of liquidating them. Velile Tinto & Associates Inc. has a highly specialised corporate department driven by passionate individuals devoted to find solutions for companies’ whose suppliers, employees, distributors and customers can all suffer from their company facing possible dissolution. It is therefore important that at least some attempt should be made to rescue a company or a business that is suffering a temporary setback but has the potential to survive if it is given some breathing space to overcome its financial woes. We also offer training on Chapter 6 of the Companies Act 71 of 2008 and furthermore we have received personal training from South Africa’s leading business rescue practitioner, Mr Gerhard (Gert) Holtzhauzen (Ph.D, Pr(M) Ph.D., MBL., BComm., Cert.Adv.Tax., Dip INSOL Law & Pract.)

Page 19: Velile Tinto Company Proposal - Jan 2015 (2)

CALL CENTRE COLLECTIONS

Our firm is renowned for the pioneering technology we use, this is also the case in our state-of-the art in- and outbound Call Centre. Much of our innovative technology is developed by our internal IT programming department which allows for client specific requirements to be programmed into our systems.

Very high Hit Ratio together with record high collections are direct results of our Dialer System. All our calls are recorded.

Regular automated SMS reminders are sent to Debtors to ensure a high SMS Kept ratio.

To allow for instruction fluctuations we have a 5% Hot Seats to Collector ratio.

Business Continuity is ensures thoroughly tested BCM Plans.

Page 20: Velile Tinto Company Proposal - Jan 2015 (2)

IN SUMMARY | COMPLIANCE

Velile Tinto confirms complete compliance with the following requirements:-

BCM Control Requirements

Sustainability Control Requirements

Logical Access Management Requirements

Record Management Control

HR Screening Requirements

Physcial Security & Control Requirements

IT Security Requirements

Data Privacy Requirements

Page 21: Velile Tinto Company Proposal - Jan 2015 (2)

COMPLIANCE | BCM PLAN

In order to align our processes with those of our clients all measures are taken to make sure that we adhere to the stringent requirements of Data Privacy, accuracy, etc. policies. We commit to being a Top firm in respect of the abovementioned requirements. Herewith some of the actions taken by Velile Tinto to ensure compliance: Developed and Tested BCM Plan

As we have numerous offices in Gauteng our BCM plan entails having the ability to move our entire workforce from Head office to one of our Gauteng offices within a 24 hour time period. In the event of a disaster our firm will be fully functional within 24 hours.

Page 22: Velile Tinto Company Proposal - Jan 2015 (2)

COMPLIANCE | BCM PLAN

Developed and Tested BCM Plan Continued....

We submit that our work model at Velile Tinto has been developed in such a way that all our national Matters (i.e. Cape Town, Durban, East London, Johannesburg, etc.) have a copy (“dummy”) file in our Head Office. Not only does this assist in direct management of all Velile Tinto matters in Pretoria but should a disaster hit any of our branches we can continue working on the dummy file immediately, thus having an immediate continuation of work on those matters.

Page 23: Velile Tinto Company Proposal - Jan 2015 (2)

COMPLIANCE | IT & FILE / DATA SECURITY

We confirm that our firm meets all the requirements for IT and Data security, listed here for your ease of reference our supported infrastructure:- Our office parks have access control with 24 Hour Security; Fingerprint access to offices; Password protected workstations, which are never left unattended without password activation; Password protected printer boxes with separate trays allocated to staff members; Encrypted/Password Protected Emails; Storage of files in fire proof facilities; CCTV Cameras; On-Site Recycling of scrap paper; Servers are locked away in strong rooms with single point access control; Deactivation of USB Ports; Staff not permitted to have any recording devices, including cellular phones, at their Workstations.

Page 24: Velile Tinto Company Proposal - Jan 2015 (2)

COMPLIANCE | IT & FILE/DATA SECURITY

As a professional firm we only use the latest state-of-the-art hardware to ensure trouble-free processing and effective Data Security. Our Software is regularly kept up to date by our in-house IT Department. This department is responsible for the development of programs to the law firm’s requirements. This allows for Tailor-Made MI which we share with our clients. Herewith some of the developed software: TINTO FORECLOSURES This program is a harmony of many separate departmental management programs. Integrated in this system are the following amazing management programs:

Page 25: Velile Tinto Company Proposal - Jan 2015 (2)

COMPLIANCE | IT & FILE/DATA SECURITY

TINTO FORECLOSURES CONTINUED...... Sheriff Tracker When a Summons/Warrant is sent to a Sheriff it is recorded in the System. The system then predetermines when it should be followed up. This alert then appears on our Sheriff Liaison Manager on this date together with the details of the Sheriff. By a touch of a button this manager can then call-up all matters related to that sheriff and follow up by phone and Auto-populated letter.

Page 26: Velile Tinto Company Proposal - Jan 2015 (2)

COMPLIANCE | IT & FILE/DATA SECURITY

TINTO DEBT REVIEW This unrivalled program is the source of astonishing MI. The information

gathered from this system has been used by some of our clients to create panel

requirements. Tinto Invoice (Debt Review) has been incorporated into this

system.

TINTO INVOICE

Yet to be incorporated in Tinto Foreclosures, this independent program populates all of our accounts and selects Invoice numbers relative to a file. The Data Capturer merely adds the Disbursements. This system eliminates the possibility of double billing and can be amended to conform to any client’s requirements. In addition to the above systems we confirm we have televisions installed in our respective Nedbank divisions which continually displays real time statistics. This accommodates for easy viewing by all staff members creating competition and enhancing employee performance.

Page 27: Velile Tinto Company Proposal - Jan 2015 (2)

IT SPECIFICATIONS

Operating structure is running on a RAID 6 configuration Dual Intel Xeon Core; Operating base core is hosted by a HYPER-V 2008R264BIT setup; Operating system is on a Windows Server 2008 R2 64Bit; Entire VHD is backed up Weekly, and stored on a remote backup unit (QNAP- Linux); QNAP-Linux is running on a RAID 6 configuration; 1-5 Behind a Microtik/Zywall(ZyXEL) “https 256bit” Firewall; ICSA-certified firewall; Zone-based access control list; Stateful packet inspection; User-aware policy enforcement; SIP/H.323 NAT traversal

Page 28: Velile Tinto Company Proposal - Jan 2015 (2)

IT SPECIFICATIONS

Our office parks have access control with 24 Hour Security; Fingerprint access to offices; Password protected workstations, which are never left unattended without Password activation; Password protected printer boxes with separate trays allocated to staff members; Encrypted/Password Protected Emails; Storage of files in fire proof facilities; CCTV Cameras; On-Site Recycling of scrap paper; Servers are locked away in strong rooms with single point access control; Deactivation of USB Ports; Staff not permitted to have any recording devices, including cellular phones, at their Workstations.

Page 29: Velile Tinto Company Proposal - Jan 2015 (2)

CAPACITY, CREDENTIALS & REFERENCES

Velile Tinto & Associates has a national footprint with 9 offices across South Africa and associate firms in strategic locations capable of servicing clients in all jurisdictions. Experience in servicing all major banks in the Republic of South Africa and the top performer on ABSA & SA Home Loans for consecutive years. Capable of handling volumes thanks to the brilliant infrastructure, an in-house IT department, Business management structure, experience and motivated staff. Velile Tinto & Associates has been able to adept to changes in market, economic and social standings over the decade and expanded astronomically. Due to the ability to adept at a competitive pace it is without doubt safe to state that Velile Tinto & Associates Inc can easily deal with additional and voluminous amount of matters. Velile Tinto & Associates Inc possess over vast experience in a variety of legal fields and have been involved with the liquidation and business rescue process of One Time Airlines (Pty) Ltd and are currently working in conjunction with STURNS in order to expand and develop Business Rescue in South Africa.

Page 30: Velile Tinto Company Proposal - Jan 2015 (2)

SKILLS DEVELOPMENT & SUCCESSION PLAN

The Directors of Velile Tinto are very passionate about the development of skills of our staff members, ultimately our staff are the key to our success. Our Senior Litigation Attorney, Mr Swanepoel, has been registered with SASETA as the elected training manager. Accordingly, an amendment was done to his Employment Contract effective from the 1 September 2011 whereby the training of staff forms part of his job description. Mr Swanepoel is contracted to give at least 5 Hours of in-house training per week. In addition to this, Velile Tinto identifies staff that show promise in our localised training programme and the promising candidates are then registered for further external training programmes. Through the aforementioned Skills development plan Velile Tinto’s succession plan not only provides for a Director succession but all senior staff as well.

Page 31: Velile Tinto Company Proposal - Jan 2015 (2)

OUR COMMITMENT TO BEE

Velile Tinto & Associates believes in and supports the principles of BEE and has committed itself to the transformation and integration of all persons of different race, culture, gender and religion. This has resulted in an integrated firm that delivers excellent service to its clients. We are proud to confirm that Velile Tinto & Associates has a BBBEE status level of a Level TWO Contributor. Velile Tinto has embarked on a Black Enterprise Development program that assists new Black owned enterprises through financial, legal and back office support. One such firm is Moki Attorneys, which is a 100% Black owned firm that specializes in Conveyancing. This firm, through the assistance of Velile Tinto, has grown into a strong, well-managed independent Law Firm that already serves on the panels of two of the Major Banks.

Page 32: Velile Tinto Company Proposal - Jan 2015 (2)

OUR COMMUNITY INVOLVEMENT

Velile Tinto & Associates strongly believes that all businesses have a moral and social responsibility to get involved in their local communities and to actively participate in the development, growth and social wellbeing of the people in their community. With Soccer being a sport that has a proud history of bringing people and communities together, Velile Tinto is proud to be the main sponsor of the Brothers of Peace Soccer Club. Although financial contributions are always required, further involvement often adds to the communities’ development. For this reason we are proud to be actively involved in the coaching and training of the

players of the main and development teams in the community.

Page 33: Velile Tinto Company Proposal - Jan 2015 (2)

LAW SOCIETY COMPLIANCE

As a law firm it is a prerequisite to own a fidelity fund certificate and a trust account. Our firm holds a trust account for each of the major banks, which makes transaction with the valued client more convenient.

Our firm fully complies with the prerequisites to practice as a law firm and all its attorneys are registered with the relevant Law Society and duly admitted as attorneys

Page 34: Velile Tinto Company Proposal - Jan 2015 (2)

PRICING

Pricing is pre-determined by the bank and the law society.

Page 35: Velile Tinto Company Proposal - Jan 2015 (2)

CONTACT DETAILS

Velile Tinto & Associates Head Office

Telephone : (012) 807 3366 General Fax : (012) 807 0496 Physical Address : Tinto House Corner of Solomon Mahlangu Drive & Disselboom Ave Wapadrand Pretoria East Gauteng Contact Persons Chief Operating Officer : Martin Vorster | [email protected]