Indigenisation and Economic Empowerment Act updated May 2011
10.2 The managers shall keep or cause to be kept proper books of accounts and records in
which shall be entered all transactions effected by the managers for the Unit Trust Account and
shall permit the Board on demand to examine and take copies of or extracts from any such
books of accounts or records.
10.3 The fees and expenses of the auditors shall be paid by the managers out of the
deposited property.
Liability of managers
11.1 If for any reason it becomes impossible or impracticable to carry out the provisions of
this Schedule, the managers shall not be under any liability therefor or thereby, and the
managers shall not incur any liability by reason of any error of law or any matter or thing done
or suffered or omitted to be done by them in good faith hereunder.
11.2 The managers shall not be under any liability except such liability as may be expressly
assumed by them under this Schedule nor shall the managers, save as provided in this Schedule,
be liable for any act or omission of the Board nor for anything except their own wilful breach of
duty hereunder.
PART 5
GENERAL PROVISIONS RELATING TO THE BOARD AND MANAGERS
Liability of Board and managers
12.1 Neither the Board nor the managers shall incur liability in respect of any action taken
or thing suffered by them in reliance upon any notice, resolution, direction, consent, certificate,
affidavit, statement, stock, plan or reorganisation or other paper or document believed to be
genuine and to have been passed, sealed or signed by the proper parties including themselves or
their officers.
12.2 Neither the Board nor the managers shall incur liability for doing, or failing to do, any
act or thing which by reason of any provision of any present or future law or regulation, or of
any decree, order or judgement of any court, or by reason or any direction, request,
announcement or similar action (whether of binding legal effect or not) which may be taken by
or made by any person or body acting with, or purporting to exercise the authority of, any
Government, whether legally or otherwise.
Verification of signatures
13. The Board or the managers shall be entitled to require that the signature of any unit
holder or joint unit holder to any document required to be signed by him under or in connection
with this Schedule shall be verified by a banker or broker or other responsible person or
otherwise authenticated to its or their reasonable satisfaction.
Indemnities
14. Any indemnity expressly given to the Board or to the managers in this Schedule is in
addition to and without prejudice to any indemnity allowed by law.
Dealing by the Board and managers
15.1 Neither the Board nor the managers nor any company or subsidiary company of either
of them shall sell or deal as principals, in the sale of investments to the Unit Trust Account for
the account of the Unit Trust Account otherwise than through a recognised Stock Exchange or
in terms of a conversion offer made generally to all holder of units or another unit trust.
Provided that the Board or the managers or any such subsidiary company may buy, hold or deal
- 26 -
Select target paragraph3
Add to table of contents