How to achieve BEE ownership when you can’t (or won’t) change your actual shareholding?

In the dynamic business terrain of South Africa, the B-BBEE laws cast a significant influence. Achieving B-BBEE compliance, particularly concerning ownership, presents challenges, especially for foreign entities. This piece explores BEE Ownership Solutions to assist businesses in this intricate journey.

Achieve BEE ownership

The Pressure of BEE Compliance

Most businesses, while operating in South Africa, feel the pressure to adhere to BEE norms. While the BEE compliance system is voluntary, the scorecard approach almost mandates adherence. Often, clients compel businesses to conform; otherwise, they risk losing them. The real conundrum, however, is in deciding how to comply.

Bee Ownership Solutions: The BEE Conundrum

Out of all scorecard elements, ownership stands out as the toughest to navigate. Despite the challenges, achieving 51% ownership can unlock significant benefits. Yet, what’s the route for businesses reluctant or unable to modify their ownership structures?

Foreign-owned firms in South Africa frequently encounter this predicament. Their international governance models may hinder local entities from obtaining even minor stakes. Global standards, risk management, and investment considerations can overshadow the requirements of smaller South African divisions.

The Traditional Path: Equity Equivalent Program

Historically, many companies opted for the ‘equity equivalent’ scheme within the BEE codes. In essence, foreign businesses could attain ownership credits by investing equivalent amounts in other eligible ventures, all without relinquishing their equity. This process, however, is notoriously lengthy and uncertain.

Introducing the Tusker Solution (BEE Ownership Solutions)

The innovative Tusker solution emerged as a beacon for companies seeking effective BEE Ownership Solutions. A testament to its efficacy, a major global firm recently adopted this approach for its local branch. This method, while adhering to all B-BBEE regulations, offers flexibility and swift execution, sidestepping the prolonged approval cycles of other programs.

Advantages of the Tusker Approach

  • Strategic Investment: Unlike an expense, this is a genuine investment, promising returns to the primary shareholders.
  • Predictable Phasing: The 8-year phased investment approach ensures financial planning simplicity.
  • Flexibility: Companies can adapt the model based on evolving BEE needs.
  • Speed: Utilizing private equity regulations, it’s quicker to implement than traditional methods.
  • Sale Potential: Business transactions don’t affect the ongoing BEE status.

The crux is the alignment of incentives. Businesses invest in networks pivotal to their success, fostering tangible empowerment and mutual growth.

If altering your company’s ownership isn’t on the cards, but you’re keen on harnessing the benefits of black-female ownership, the Tusker solution awaits. Prepared to make a strategic investment? Drop us an email at info@tusker.co.za to delve into our distinctive strategy. With regulatory endorsement and client satisfaction, we’re poised to assist.

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