Memorandum of Understanding (2020)

3.1

This MOU sets forth the points of agreement between the B-BBEE Commission and CIPC regarding exchange of certain information and interface of system in order to inter alia enable both regulators to have access to each other's agreed to information for purposes, amongst other, of improving our processes and providing stakeholders, interested parties and the public with relevant information in accordance with the laws of the Republic of South Africa.

3.2	Most specifically, this MOU sets out arrangements that both Parties have agreed to implement in order to ensure that the information concerned pursuant and during the implementation of this MOU—

(a)	is kept confidential and may not be disclosed to any person except as authorised;

(b)	is collected, processed and stored by each Party in a manner as required by South African law (e.g. the Companies Act, 2008, IP related legislation and POPI Act);

(c)	is used solely for the purpose of improving the Parties' processes concerned as reflected in this MOU.

3.3

As this MOU is a partnership agreement between two public entities within the sphere of government, no remuneration, financial contribution or charge is applicable between the Parties for purpose of this MOU with regard to information or training etc, unless so agreed between the Parties in the form of a formal written amendment to this MOU as signed off by the duly authorised signatory of each Party.

3.4

With regard to inacessibility of the CIPC and/or B-BBEE Commission system/ networks - The Parties acknowledge that the B-BBEE and CIPC systems may not be always accessible due to maintenance or due to circumstances beyond the reasonable control of either of the Parties, including at least virus infection, unauthorised access or hacking, power failure or fault with a telecommunications network, or any other instance of force majeure beyond the reasonable control of either of the Parties.

3.5	The Parties recognise that requests in terms of this MOU will not be denied solely can the grounds of differences in the definitions used by or applicable to Requesting and Requested Parties.

3.6

This MOU embodies the understanding of the Parties with regard to a relationship of consultation, mutual support and co-operation between them, and serves to strengthen and formalise a relationship between the Parties with reference to investigation, and training within the parameters of the Act and legislation and policies regulating the B-BEE Commission.

3.7	The Parties agree to provide mutual assistance, subject to their relevant governing laws and any other applicable legislation.

3.8	The Parties acknowledge that this MOU does net modify or supersede any laws-and that it does not create legally binding obligations or enforceable rights between them.

3.9	Anything performed under this MOU will be subject to applicable legislation. It will furthermore be subject to applicable policies and standard operating procedures of the Parties and/or any other terms and conditions as may be agreed upon between the CIPC and the B-BBEE Commission.

3.10	Neither Party may cede, assign or transfer its rights and obligations in respect of this MOU, or any part thereof, either directly or indirectly, to any third party.

3.11	Each Party will provide the fullest possible measure of assistance to the other subject to applicable legislation and policies and any other terms and conditions agreed upon between the CIPC and the B-BBEE Commission.

3.12	Each request for assistance will be assessed on a case -byre basis by the requested Party to determine whether assistance can or may be provided and subject to applicable processes of CIPC and B-BBEE Commission.

3.13	The provisions of this MOU will not give rise to a right on the part of any ratter person, directly or indirectly, to obtain. suppress or exclude any evidence or to challenge the execution of any conduct under this MOU.

Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Memorandum of Understanding, (2020)

3. Purpose