1. The creditor will need to complete the affidavit for proof of its claim.
2. The affidavit will need to be signed by the director, or a duly authorised individual by the company.
3. The affidavit needs to be printed out and signed before a Commissioner of Oaths. The Commissioner of Oaths who commissions the affidavit must not have a direct or indirect interest in the affidavit and must not be an employee of the creditor.
4. Both the creditor and Commissioner of Oaths need to initial the bottom right hand corner of the first page of the affidavit in the block provided.
5. Please ensure that only black ink is used when completing and signing the affidavit.
6. The Commissioner of Oaths is required to insert his full names (not initials) and full address after he has signed the document.
7. Creditors who are abroad can have their affidavits signed before a Justice of the Peace alternatively they can have the documents notarised by a notary.
8. Proof of creditors claims need to be submitted with the affidavit. All creditors will need to take legible screenshots of their MTI trading accounts evidencing the dates and amount of funds that were paid into MTI as well as legible screenshots of the BTC wallet from which it was sent. The more detailed the information, the better.
9. In order to vote at the creditors meeting it is imperative that the creditor completes the Power of Attorney. You will need to insert the name of the individual you wish to represent you at the creditors meeting. Should you wish to nominate either Anyuschka Nett and/or Jan Luitingh of Luitingh and Associates Attorneys to represent you then you are welcome to do so. You may also elect to leave the relevant field blank in which case you acknowledge and agree that the general body of creditors will appoint a representative.
10. A resolution authorising the relevant individual to submit and sign the claim documentation will need to accompany the company’s claim submission. A template of a resolution has been included for easy use.
11. Please let us have copies of your affidavit, supporting documentation, power of attorney and resolution so that we can confirm that your documentation is completed correctly. You can do so by uploading your documents on the “upload” tab. The copies will go directly to MK Liquidators and to Luitingh and Associates Attorneys.
12. Once we have confirmed that your documentation is in order you will be required to courier the original documents to Luitingh and Associates Attorneys in Cape Town, South Africa. Please therefore retain your original affidavit, power of attorney and resolution so that you can send it to us.