Black Economic Empowerment (BEE)
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 BEE team has considerable practical experience in advising South African and international businesses seeking to implement BEE compliance within the legislative framework.
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.