Indigenisation and Economic Empowerment Act updated as at 8th May 2015
6.3 The Board shall not be responsible for any misconduct, mistake, oversight, error of
judgement, forgetfulness or want of prudence on the part of the chief executive officer or any
manager, legal practitioner, banker, liquidator, agent or other persons acting hereunder as agent
or advice of the Board, the chief executive officer or any manager.
Conduct of business and meetings
7.1 Meetings of the Board in relation to the Unit Trust Account must be held at least once
every two months.
7.2 Paragraph 6 of the First Schedule shall apply to the procedure to be followed by the
Board at meetings held in relation to the Unit Trust Account.
Powers of Board
8.1 The Board shall have all powers necessary to protect the interests of unit holders and
shall, save as otherwise provided in this Schedule, have all powers necessary to carry out the
functions and purposes of the Unit Trust Account and to secure the fulfilment of the objects of
the Unit Trust Account.
8.2 Except, as herein provided, the Board shall have absolute and uncontrolled discretion as
to the exercise of the trust, powers, authorities and discretion vested in it, whether in relation to
the manner or as to the mode of and time for the exercise thereof and, in the absence of gross
negligence and fraud, the Board shall not be in any way responsible for any loss, costs, damages
or inconvenience that may result from the exercise or non-exercise thereof.
8.3 The Board shall be entitled to raise money on behalf of the Unit Trust Account,
provided that such power shall only be exercised if the Board is satisfied that the borrowing will
not prejudice unit holders.
8.4 The Board may contract or enter into any financial, banking or other transaction with
the managers or any unit holder or any company or body whose shares or securities form part of
the deposited property or may be interested in any such contract or transaction.
8.5 The Board shall not be required to make any payment to the unit holders except out of
the deposited property held by it for that purpose in terms of this Schedule.
8.6 The Board shall not be liable to account to any unit holder or otherwise for any
payment made or suffered by the Board in good faith to any duly empowered fiscal authority of
Zimbabwe or elsewhere for taxes or other charges in any way arising out of or relating to any
transaction under this Schedule, notwithstanding that any such payment is not due or need not
have been done.
8.7 The Board may act and shall not be liable for anything done or omitted or suffered by it
upon the advice and statements of or information obtained from legal practitioners (whether
consulted by the Board, the chief executive officer or any manager), bankers, accountants,
brokers or other persons believed by the Board in good faith to be experts in relation to the
matters upon which they are consulted.
8.8 Subject as herein provided, the Board shall be entitled, for the purpose of indemnity
against any actions, costs, claims, damages, expenses or demands to which it may be put as the
Board, to have recourse to the deposited property or any part thereof.
8.9 The Board may limit the maximum number of units that the individual unit holders may
buy in the Unit Trust Account at any given time and may alter this number from time to time as
the need may arise.
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