The Black Economic Empowerment (BEE) practice at Cliffe Dekker Hofmeyr is widely recognised as being one of the most knowledgeable and experienced BEE regulatory teams in South Africa.
Our expertise includes advising on the Broad-Based BEE Act, the Codes of Good Practice, Transformation Charters and Sector Codes, and related legislation and regulations.
Our experience is deep and varied and covers a wide range of advisory services, including:
- Formulating BEE strategy to align commercial outcomes with BEE expectations.
- Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
- Consideration of general scorecard compliance and advising on improving compliance.
- Conducting BEE due diligence investigations.
- Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
- Advising on and drafting transformation charters and sector codes.
- Advising on and devising transaction structures that are BEE compliant.
We also provide the following BEE-related services:
- Tax advice.
- Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
- Project management in relation to BEE transactions.
- Preparing submissions to rating agencies and regulators regarding the BEE structure.
Advisory services
Our experience is deep and varied and covers a wide range of advisory services, including:
- Formulating BEE strategy to align commercial outcomes with BEE expectations.
- Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
- Consideration of general scorecard compliance and advising on improving compliance.
- Conducting BEE due diligence investigations.
- Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
- Advising on and drafting transformation charters and sector codes.
- Advising on and devising transaction structures that are BEE compliant.
BEE-related services
We also provide the following BEE-related services:
- Tax advice.
- Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
- Project management in relation to BEE transactions.
- Preparing submissions to rating agencies and regulators regarding the BEE structure.
Services
The Black Economic Empowerment (BEE) practice at Cliffe Dekker Hofmeyr is widely recognised as being one of the most knowledgeable and experienced BEE regulatory teams in South Africa.
Our expertise includes advising on the Broad-Based BEE Act, the Codes of Good Practice, Transformation Charters and Sector Codes, and related legislation and regulations.
Our experience is deep and varied and covers a wide range of advisory services, including:
- Formulating BEE strategy to align commercial outcomes with BEE expectations.
- Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
- Consideration of general scorecard compliance and advising on improving compliance.
- Conducting BEE due diligence investigations.
- Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
- Advising on and drafting transformation charters and sector codes.
- Advising on and devising transaction structures that are BEE compliant.
We also provide the following BEE-related services:
- Tax advice.
- Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
- Project management in relation to BEE transactions.
- Preparing submissions to rating agencies and regulators regarding the BEE structure.
Advisory services
Our experience is deep and varied and covers a wide range of advisory services, including:
- Formulating BEE strategy to align commercial outcomes with BEE expectations.
- Advising on the development and BEE effects of BEE ownership and management control structures, and drafting the legal documents for implementing these structures.
- Consideration of general scorecard compliance and advising on improving compliance.
- Conducting BEE due diligence investigations.
- Advising on the development of broad-based schemes and employee share ownership schemes, and drafting the legal documents for implementing them.
- Advising on and drafting transformation charters and sector codes.
- Advising on and devising transaction structures that are BEE compliant.
BEE-related services
We also provide the following BEE-related services:
- Tax advice.
- Assistance in formulating potential BEE partners’ selection criteria and managing the selection process.
- Project management in relation to BEE transactions.
- Preparing submissions to rating agencies and regulators regarding the BEE structure.
Brochures
Black Economic Empowerment (BEE) News
More newsWebinar Recording - Interpretation of the B-BBEE Codes
The B-BBEE Codes are subject to varying and sometimes contradictory interpretation by stakeholders.
B-BBEE practice note issued by the DTIC brings clarity on the rules for discretionary collective enterprises
On 18 May 2021, the Minister of Trade, Industry and Competition published a practice note, in terms of the Broad-Based Black Economic Empowerment Act 53 of 2003, as amended (B-BBEE Act), on the rules for entities such as broad-based ownership schemes (BBOSs), employee share ownership programmes (ESOPs), trade unions, not-for-profit companies, co-operatives and trusts (together referred to as discretionary collective enterprises (DCEs)) for purposes of B-BBEE measurement and recognition. The practice note aims to address the misalignment in the manner in which, amongst others, the B-BBEE Commission, verification agencies and B-BBEE advisors have been interpreting the treatment of DCEs in terms of B-BBEE legislation, in particular when it comes to ownership recognition.
Webinar Recording: Regulating ownership and transformation through law and policy
Our experts in B-BBEE, Company Law, Employment Law, and Competition Law unpacked the latest policy developments and the developing outlines of a new road map towards transformation in the South African economy.