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Competition Act, 1998 (Act No. 89 of 1998)

Notices

Determination of thresholds in terms of Section 6(1)

Method of Calculation

2. Valuation of Assets

 

1) For the purpose of section 6 of the Act, the asset value of a firm at any time is based on the gross value of the firm's assets as recorded on the firm's balance sheet for the end of the immediately previous financial year, subject to the provisions of sub-items (2) and (3).

 

2) In particular—
a) the asset value equals the total assets less any amount shown on that balance sheet for depreciation or diminution of value;
b) the assets are to include all assets on the balance sheet of the firm including any goodwill or intangible assets included in the balance sheet;
c) no deduction may be taken for liabilities or encumbrances of the firm;
d) assets in the Republic includes all assets arising from activities in the Republic.

 

3) If, between the date of the financial statements being used to calculate the asset value of a firm, and the date on which that calculation is being made, the firm has acquired any subsidiary company, associated company or joint venture not shown on those financial statements, or divested itself of any subsidiary company, associated company or joint venture shown on those statements—
a) The following items must be added to the calculation of the firm's asset value if these items should in terms of G.A.A.P. be included in the firm's asset value;
i) The value of those recently acquired assets; and
ii) Any asset received in exchange for those recently divested assets.
b) The following items may be deducted in calculating the firm's asset value if these items were included in the firm's asset value:
i) The value of those recently divested assets at the date of their divestiture; and
ii) Any asset that was shown on the balance sheet and was subsequently used to acquire the recently acquired asset.