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Transaction impact analysis provides scenario analysis to forecast the impact of the transaction on the economic empowerment status of the acquirer and target firms. The service aims to reduce the potential risks associated with unsustainable empowerment structures. It aims to enhance the value of empowerment transactions to both entities.
The following forms of transaction analysis are available:
Transaction analysis and advisory services can include a public opinion or statement by Empowerdex at the client's request. Over and above Ownership advisory we also offer implementation of the requirement of the amended BEE CoGP, including Sector Charters.
The best practice analysis supports and guides companies in the design and implementation of empowerment initiatives. Empowerdex evaluates the proposed initiative against global and industry best practices and identifies any potential gaps. The findings from the analysis will highlight any risks and opportunities associated with the structure and will assist you in the effective and efficient implementation of empowerment initiatives.
Empowerdex offers a BEE partnering service, tailored for medium-sized non-B-BBEE entities, wishing to expand the scope of their business and opportunities, as well as comply with the ownership element of the Codes of Good Practice, through the introduction of a B-BBEE partner.
On 11 October 2013, the Minister of Trade and Industry, Dr Rob Davies signed into law the Codes of Good Practice under S9(1) of the Broad-Based Economic Empowerment Act 53 of 2003.These Codes came into effect immediately and with a transitional period ending on 10 October 2014.In terms of these Codes, Companies operating in South Africa will need to show evidence of being Empowering Suppliers. This refers to B-BBEE compliant entities that comply with all the regulatory requirements of the country and meet the following criteria:1. At least 25% of Cost of Sales, excluding labour cost and depreciation, must be procured from localproducers or local suppliers in South Africa, and for service industry enterprises labour is includedbut capped at 15%.2. Job creation – 50% of jobs created are for Black people provided that the number of Blackemployees since the immediate prior verified B-BBEE Measurement is maintained.3. At least 25% transformation of raw material/beneficiation which include local manufacturing,production and/or assembly, and/or packaging.4. Skills transfer – at least spend 12 days per annum of productivity deployed in assisting Black EMEand QSE beneficiaries to increase their operation or financial capacity.The above criteria will be applicable to entities as follows:
Assuredex, together with Empowerdex is able to assist with the following:
Section 9 of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (BEE Act) legally provides for the issuing of Codes of Good Practice on broad-based black economic empowerment. Besides the dti's Strategy for Broad-Based Black Economic Empowerment and the BEE Act, drivers of transformation charter processes to date, have lacked a standard BEE framework from which to develop charters. Furthermore, some charters were developed even before the BEE Act and the Strategy document were released. Consequently, there exists substantial incomparability amongst charters, with respect to content as well as criteria for measurement. This results in entities in certain sectors with stricter measurement criteria being unfavourably disadvantaged when competing for business with entities in sectors with more lenient measurement criteria.
Transformation Charters may either be gazetted in terms of section 9 of the BEE Act, or in terms of section 12. Code 000 contained in the Codes of Good Practice includes a Statement on transformation charters as well as guidelines on the gazetting of charters.
A transformation charter gazetted in terms of section 9 of the Act means that the charter has been gazetted as a Code of Good Practice and that it therefore has the same status as the Codes. This effectively means that the charter becomes legally binding on organs of state and public entities.
A transformation charter gazetted in terms of section 12 of the Act expresses an industry's commitment to transformation but is not legally binding on organs of state and public entities.
In cases where transformation charters have not been gazetted as Codes, government will make use of the Codes of Good Practice as a means of BEE measurement
If the majority of the measured entity's turnover is derived as a result of gazetted sector related activities, then the relevant sector code will apply to such measured entity.
With the Broad-Based Black Economic Empowerment as the framework, various other pieces of legislation shape the implementation and measurement of Broad-Based Black Economic Empowerment. These include the amended Codes of Good Practice, Charters and Sector Codes, Qualifying Small Enterprises, Generics, the Codes Process and the dti’s framework for Broad-Based BEE. Please find below a list of currently gazetted codes and new draft sector codes.
Verification Manual: 1-15, 16-27, 28-32, 33-38, 39-54, 55-80