National Small Business Act, 1996 (Act No. 102 of 1996)Chapter 3: Small Enterprise Development Agency16B. Designated institutions |
| 1) | The Minister may, by notice in the Gazette, designate other institutions whose objectives and functions are similar to those of the Agency, to be incorporated into the Agency. |
| 2) | Whenever the Minister acts in terms of subsection (1), he or she must, with the approval of the Minister of Finance, enter into an agreement with the executive authority of the designated institution contemplated in subsection (1) to ensure that the assets, liabilities, rights and obligations of the designated institution in question, including the unexpended balance of appropriations, authorisations, allocations and other funds employed, held or used in connection with the furtherance of the objectives and functions of such designated institution, pass to the Agency. |
| 3) | The Minister must, through the media and by notice in the Gazette, publish his or her intention to designate an institution contemplated in subsection (1). |
| 4) | Prior to entering into an agreement contemplated in subsection (2) the Minister must consult with all the relevant stakeholders. |
| 5) | After the conclusion of an agreement in terms of subsection (1) anything done by or on behalf of the designated institution contemplated in subsection (1) is deemed to have been done by the Agency. |
| 6) | A person employed by the designated institution contemplated in subsection (1) must immediately after the conclusion of an agreement referred to in subsection (2) be transferred to the Agency in accordance with the Labour Relations Act, 1995 (Act No. 66 of 1995), and any applicable collective bargaining agreement with organised labour. |
| 7) | The remuneration and other terms and conditions of service of a person transferred in terms of subsection (6) may not be less favourable than the remuneration, terms and conditions applicable to that person immediately before his or her transfer and he or she remains entitled to all rights, benefits, including pension benefits, and privileges to which he or she was entitled immediately before such transfer. |
| 8) | A person transferred to the Agency in terms of subsection (6) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before his or her transfer to the extent that they remain applicable. |
| 9) | Any proceedings against such person which were pending immediately before his or her transfer must be disposed of as if that person had not been transferred. |
| 10) | For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of employer must be regarded as having taken place when a person contemplated in subsection (6) takes up employment at the Agency. |
| 11) | As soon as practical after the conclusion of the agreement contemplated in subsection (2)- |
| a) | the executive authority of the designated institution in question must take all steps necessary to liquidate the institution; |
| b) | the Registrar of Companies, the Master of the High Court or any other applicable regulatory body must deregister the institution in question; and |
| c) | the Registrar of Deeds must make the necessary entries and endorsements on any register or document in the registration office, or documents submitted to that Registrar. |
| 12) | Transfer duties, stamp duties, fees or taxes need not be paid for the purposes of subsection (11). |
| 13) | Any litigation resulting from a cause of action in relation to the assets, rights, obligations or liabilities transferred to the Agency in terms of subsection (2) which arose- |
| a) | before the transfer date must be conducted by or against the designated institution in question; and |
| b) | on, or after, the transfer date must be conducted by or against the Agency. |