Special Investigating Units and Special Tribunals Act, 1996
R 385
Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)Amended Codes of Good Practice (2013)Amended Code Series 100: Measurement of the Ownership Element of Broad-Based Black Economic EmpowermentStatement 100: The General Principles for Measuring OwnershipKey measurement principles3.7 Mandated Investments |
| 3.7 | Mandated Investments |
| 3.7.1 | When determining Ownership in a Measured Entity, rights of Ownership of Mandated Investments may be excluded. |
| 3.7.2 | The maximum percentage of the Ownership of any Measured Entity that may be so excluded is 40%. |
| 3.7.3 | A Measured Entity electing not to exclude Mandated Investments when it is entitled to do so, may either treat all of that Ownership as non-Black or obtain a competent person's report estimating the extent of Black rights of Ownership measurable in the Measured Entity and originating from that Mandated Investments. |
| 3.7.4 | A Measured Entity cannot selectively include or exclude Mandated Investments and therefore an election to exclude one Mandated Investment is an election to exclude all Mandated Investments and visa versa. |
| 3.7.5 | A Measured Entity applying the Exclusion Principle to Mandated Investments cannot benefit from the Modified Flow-Through Principle. |
