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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 Empowerment

Annexe 100 (D)

5. Rules for Family Trusts


5. Rules for Family Trusts


5.1 The qualification criteria for the recognition of Family Trusts are as follows:


5.1.1 the trust deed must define the beneficiaries and the proportion of their entitlement to receive distributions;


5.1.2 a written record of the names of the beneficiaries or the use of a defined class of natural persons satisfies the requirement of defining beneficiaries;


5.1.3 a use of a formula for calculating entitlement satisfies the need for defining proportion of benefit;


5.1.4 only the trustees must have discretion on the above mentioned terms; and


5.1.5 on winding-up or termination of the trust, all accumulated Economic Interest must be transferred to the beneficiaries or to an entity representing the interest of the participants or class of beneficiaries.