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Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Codes of Good Practice on Black Economic Empowerment

Code Series 100: Measurement of the Ownership Element of Broad-Based Black Economic Empowerment

Statement 103 : Recognition of Equity equivalents for multinationals

5. Examples of Equity Equivalent Programmes

 

5.1) Enterprise creation:

 

5.1.1) If the equity equivalent contribution of a Multinational involves the creation of a new Enterprise:

 

5.1.1.1) the new Enterprise must qualify as a Value-Adding Enterprise;

 

5.1.1.2) the creation of the new Enterprise must comply with the requirements for a Qualifying Transaction as defined in statement 102;

 

5.1.1.3) the creation of the new Enterprise cannot contribute to the Multinational's score under Code series 600; and

 

5.1.1.4) the equity equivalent contribution must involve the provision of interest free loans, No-Gain Grants or Human Capital Investments to the new Enterprise equivalent in value to 50% of the new Enterprise's projected operational costs for the first 3 years following its establishment.

 

5.2) Investment in social advancement:

 

5.2.1) An equity equivalent contribution of a Multinational that involves enhanced Socio-Economic Development.

 

5.2.1.1) must comply fully with Code series 700; and

 

5.2.1.2) cannot form part of the Multinational's score under Code series 700.