- 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
Structuring for a joint venture bid
Joint venture bids are now common in competitive procurement, in both the public and the private sector. More and more, buyers ask bidders to join forces so they can pool skills, show stronger balance sheets, and meet set ownership rules, such as minimum local ownership or participation by minority or SME partners. Getting the structure
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
Incorporating empowerment business directions into RFPs: A Cautionary Tale
In the fast-paced world of private sector procurement, requests for proposals (RFPs) are an essential tool for securing goods, services, and partnerships. But when these RFPs are issued without properly interrogating the business objectives that drive them — particularly where empowerment criteria are concerned — the consequences can be commercially risky, legally questionable, and reputationally