Guide for Investors and Analysts

To assist investors and analysts to better understand our Company and our financial statements, this guide will appear on our website. The guide will include an explanation of some financially significant terminology used in the engineering and project management business, as well as provide some guidance for comparing companies in this sector.

It is our intention to communicate our results as openly and transparently as possible, with interpretive commentary to make them understandable.

Accounting Principles

We report in accordance with International Financial Reporting Standards (IFRS). Within the possible choices allowed by IFRS, our accounting policies enhance transparency by limiting the ability of management to influence results. Our full accounting policies are described in the financial statements section of the annual report, but here are some noteworthy examples:

All marketing costs1 are expensed. It is permissible according to IFRS and common in the engineering and project management business to capitalise marketing costs related to a project at the end of a reporting period, if management believes that there is a high likelihood that the project will be secured. Such a policy has potential for abuse and therefore Bateman Engineering writes off marketing costs for all projects not secured by the end of the reporting period.

Revenues and Profits for lump-sum turnkey (also known as LSTK, EPC or Fixed Price) contracts are recognised on a straight line basis (measured by percentage of completion), while providing for any contingencies that may arise during the completion phase. Forecast losses are recognised immediately. The percentage completion of a project is determined by dividing the total actual cost incurred to date, by the total forecasted costs to completion (which include all project specific provisions).

New Orders and Order Book

New Orders and Order Book are key indicators of the future prospects of engineering and project management companies.

New Orders are the cumulative amount of new orders and change orders (to existing contracts) received during the period. When a New Order or change order is in a currency other than the reporting currency (USD), it is computed by converting the order value to USD at the exchange rate prevailing on the date the order is received.

An order is only an order if all conditions precedent have been met. It is common practice in the engineering and project management business to “take to book” a new order as soon as the contract with the client is signed. However, it is common for contracts to have conditions precedent, most notably related to project financing. We therefore take to book new orders only once all conditions precedent have been met and the contract has become effective.

Order Book is the value, on a given date, of the unexecuted portion of all active orders previously received. It reflects the amount of guaranteed revenue for future periods, and is also commonly referred to as “forward order book” or “backlog”.

The Order Book is computed as follows:

Order Book at the previous reporting date
+ New Orders received during the period
- Revenue recognised during the period
± Exchange differences
= (closing) Order Book on the reporting date
LSTK vs EPCM Strategy
(or why do some project engineering companies have greater Gross Profit margins than others)

Bateman Engineering pursues an LSTK (lump-sum turnkey, also referred to as “EPC” or “Fixed Price”) strategy, which means it usually contracts to deliver, on a given date and for a fixed price, a process plant working to agreed specifications.

The common alternative strategy is EPCM (Engineering, Procurement and Construction Management, also known as“Cost Plus” or “reimbursable”). Under an EPCM contract the contractor gets paid to manage the project but without much
price risk.

In an LSTK project the entire cost (capital value) of the project is paid over to the contractor, who in turn pays suppliers and subcontractors (and often makes a profit on such payments). The capital value of the project is thus recognised as revenue by the contractor. Cost overruns or cost savings are for the account of the contractor. LSTK contracts typically carry a lower profit margin (in %) than EPCM contracts but, because of their bigger size, the profit in absolute terms can be greater.

In an EPCM contract, the contractor only gets paid for its manhours, and suppliers and subcontractors are paid directly by the client. As a result, only the manhour component of the project is recognised as revenue by the contractor. Cost overruns or cost savings are usually to the account of the client. EPCM contracts typically carry a higher profit margin (in %) than LSTK contracts, but on a far smaller contract size.

LSTK contracts involve a higher degree of risk and require a strong balance sheet. However, for a company which knows how to manage the risk, the potential reward is higher profit.

Many mining companies, and in particular “junior” mining houses, build process plants only once in a few years, and as a result lack the in-house resources to supervise an EPCM contractor, and are not adept at managing project risk.

Bateman Engineering manages risk on an ongoing basis and can charge a premium for relieving the client from project risk.

There is a growing demand for LSTK contracting, because:

  • The shortage of skilled personnel in the metallurgical and
    mining industry worldwide is forcing clients to assign
    more responsibility for projects to their contractors.
  • Finance-providers to projects in the mining sector often
    require the main contractor to provide a fixed (LSTK)
    price so as to minimise lending risk.

The following table illustrates the costs borne by a client on a USD100 million project when carried out through LSTK and EPCM contracts. It is a highly simplified representation and each contract has a different cost structure, but it demonstrates how an LSTK contractor can generate higher profits than an EPCM contractor for a given project, even though the EPCM contractor may have a higher profit margin (in percentages):

Amounts in USD million
EPCM
LSTK
Total project value (capital expenditure)
100
100
Costs borne by client divided as follows:

Contractor services

15
19

Client in-house project management and insurance

5

Equipment, construction, infrastructure and third
party services (includes profit to LSTK contractor)

80
80
 
100
100
Revenue recognised by contractor
15
100
Sample contractor’s profit margin
15 %
10 %
Profit for contractor
2.25
10.00

Project engineering companies with high gross profit and profit after tax margins often pursue an EPCM strategy, while other companies (like Bateman Engineering) pursue an LSTK strategy with lower margins but higher potential profits.

As a result of heightened demand in the industry, which has resulted in overstretched suppliers and contractors, shortage of skills and wage inflation, a hybrid form of contracting is gaining popularity. The aim of a hybrid contract, which can contain elements of both EPCM and LSTK, is to either more effectively manage risk associated with the unknown or to provide appropriate incentives, in the form of bonuses, should the contract be completed within a specified period.

Focus on Profit After Tax

When valuing companies, profitability parameters often considered include EBIT (Earnings Before Interest and Tax), EBITDA (Earnings Before Interest, Tax, Depreciation and Amortisation), PBT (Profit Before Tax) and PAT (Profit After Tax).

We believe that in valuing Bateman Engineering the most appropriate profit parameter is PAT, for the following reasons:

  • Bateman Engineering believes that an efficient, long-term
    sustainable low tax rate adds shareholder value and has
    therefore invested considerable resources to put such a
    structure in place.
  • In order to maximise its performance, Bateman
    Engineering needs not only to excel in the engineering
    disciplines but also in its financial planning. Bateman
    Engineering therefore structures each contract on a tax
    efficient basis, in conformity with the economic and
    industrial realities of the project, given the circumstances
    of the project and in full compliance with all tax rules,
    including in particular international transfer pricing rules.
  • The tax planning involved on a project by project basis
    and the maintenance of a Dutch/ Luxembourg / Swiss
    structure have a cost currently well in excess of
    USD1 million a year, and will grow with the growth of
    the Company (although not linearly).
  • This cost is captured in Cost of Sales (reducing Gross
    Profit) and in the Selling, General and Administrative
    costs, both of which reduce EBIT. A focus on EBIT
    therefore penalises us because it includes the costs of tax
    optimisation without the benefits.
  • The benefits of this investment in tax optimisation are in
    the form of a low sustainable tax rate, which we currently
    estimate to be approximately 20 %.
  • Bateman Engineering is not a capital intensive company
    (except for the Metal Recovery business), and thus does
    not have substantial depreciation or amortisation.
    Accordingly, EBITDA is not very relevant to us.

Bateman Engineering’s Tax Structure

Bateman Engineering’s tax structure is designed to optimise two taxation aspects:

  • Income tax on profits earned in the ordinary course of business; and
  • Tax on dividends distributed by subsidiaries to the top holding company of the Group.

Income Tax

Income tax optimisation is achieved through careful planning, transfer pricing, the utilisation of Group losses, and inherent opportunities and favourable advanced tax rulings in certain jurisdictions.

Tax Exemption on Dividends received in Holland

Pursuant to Dutch tax rules, dividends received by Bateman Engineering N.V. from its subsidiaries in Luxembourg, South Africa1 and certain other countries will typically be exempt from tax in the Netherlands.

Summary of Tax Structure – 20 %Tax Rate

The future overall corporate income tax rate of Bateman Engineering will depend on the mix of projects executed and the location of clients in each case, on changing tax regulations and on other factors, and cannot be projected with accuracy, but management expects it to be approximately 20 %, based on currently prevailing tax laws and rulings.

Jonathan Ben-Cnaan, Chief Financial Officer

Bateman Engineering N.V. Annual Report 2007

( All marketing costs1 ) Marketing costs include tendering and enquiry costs.

( South Africa 1 ) Although a tax on dividends is payable in South Africa.