- exercisable voting rights;
- economic interest (being a right akin to dividends); and
- net value (i.e. the
Excluding Preference Shares from BEE Ownership Calculations and the Rule
The South African Empowerment Framework: It’s Not All BEE Out There
- Ownership;
- Management control;
- Skills development;
- Enterprise and supplier development; and
Substance over Form: Gut-Testing Your BEE Structure
Increasingly we are seeing small businesses introduce Broad-Based Black Economic Empowerment (BEE) ownership arrangements where there is obviously no intention for that arrangement to have substance. When the ownership is questioned or tested, the businesses often respond with surprise, indignation, and shock.
In the evolving landscape of BEE, businesses often focus on ticking boxes to
BEE Commission’s fronting findings again set aside as irrational
Since its establishment, the BEE Commission has held strong views which often diverge from industry practice. The BEE Commission’s views have sometimes resulted in businesses abandoning BEE ownership structures, or other BEE initiatives, altogether. The guidance issued by the Department of Trade, Industry and Competition in 2021 went some way toward clarifying the contradicting views,