Indigenisation and Economic Empowerment Act updated May 2011
41.2.2
addition of a sum representing any interest or dividends accrued but not
received by the Board at the end of the accounting period and deduction of
a sum representing (to the extent that an adjustment by way of addition has
been made in respect of any previous accounting period) any interest or
dividends accrued at the end of the previous accounting period;
41.2.3
addition of sum representing amounts included in the price of the new units
for income accrued prior to the date of issue and deduction of a sum
representing participation in income distributed upon the liquidation of
units surrendered and cancelled during the accounting period.
41.3 The distribution statement relating to each period with the auditor’s report annexed
shall be filed with the Board and shall be conclusive and binding and copies thereof shall be
open for inspection during usual business hours by any unit holder at the offices of the
managers. The Board and the managers shall be absolutely protected in relying on and shall act
such an audited statement.
Equalisation payment
42.1 The first distribution to be made in respect of a unit following issue thereof shall
include a capital sum equal to the equalisation payment in respect of such unit
42.2 In respect of units surrendered for value under paragraph 20 and subsequently re-sold
the Board shall, on or before the date of distribution under Part 10, in respect of the relevant
accounting period, place to the credit of the distribution account the equalisation payments
applicable to such unit.
Distribution statements
43.1 The Board shall on or before the 31st day of August in each year, or as soon as
possible thereafter, cause the managers to make up a distribution statement certified by the
auditors covering the distribution in respect of the accounting period ending on the accounting
date last preceding the date aforesaid and such statements shall show:
43.1.1
the gross income per unit for the accounting period to which the statement
relates, the amount of income tax, if any, to be deducted therefrom, and the
corresponding net amount;
43.1.2
the amount per unit of a capital nature distributable and its source;
43.1.3
the amount per unit charged in respect of management participation for the
accounting period in question;
43.1.4
the net amount per unit brought forward from the previous accounting
period and that carried forward to the following accounting period,
distinguishing in each case between income and capital;
43.1.5
the gross and net amount per unit to be distributed to the unit holders,
distinguishing between income and capital;
43.1.6
if in the opinion of the Board and the auditors the amount to be distributed
to unit holders has been increased or decreased by reason of the sale or
purchase of securities cum dividend, the net amount of such increase or
decrease shall be stated unless the Board and the auditors agree that it is not
material and does not substantially affect the amount to be distributed to
unit holders;
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