Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)Amended Codes of Good Practice (2013)Amended Code Series 100: Measurement of the Ownership Element of Broad-Based Black Economic EmpowermentAnnexe 100 (D)6. Additional Criteria Applicable to Trusts |
6. | ADDITIONAL CRITERIA APPLICABLE TO TRUSTS |
6.1 | for a Measured Entity to obtain the maximum points on its Ownership scorecard from shareholding by a Trust, the Measured Entity must be in possession of a certificate issued by a competent person to the effect: |
6.1.1 | that the Trust was created for a legitimate commercial reason which must be fully disclosed; and |
6.1.2 | that the terms of the Trust do not directly or indirectly seek to circumvent the provisions of the Codes and the Act. |