Indigenisation and Economic Empowerment Act updated as at 8th May 2015
PART 8
DEPOSITED PROPERTY
The deposited property
34. The deposited property shall include:
34.1 Property in the hands of the Board;
34.2 The value of any cash or other property to be received in respect of units agreed
to be issued by the managers after deducting therefrom or providing thereout in
the case of units agreed to be issued pursuant to a conversion offer, any moneys
payable out of the deposited property pursuant to the terms of the arrangements
under which such conversion offer is made;
34.3 Where investments have been agreed to be purchased or sold but such purchase
or sale has not been completed, such investments shall be included or excluded in
the deposited property and the net purchase or sale consideration shall be
excluded or included, as the case may require, as if such purchase or sale had
been duly completed.
34.4 Where notice of a reduction of the Unit Trust Account by the cancellation of units
has been given by the managers to the Board but such cancellation has not been
completed the units to be cancelled shall not be deemed to be in issue and the
value of the deposited property shall be reduced by the amount payable to the
managers upon such cancellation.
PART 9
INVESTMENT OF DEPOSITED PROPERTY
Transfer of property to the Board
35.1 Subject to the provisions of this Schedule, all cash and other property which ought in
accordance with the provisions of this Schedule to form part of the deposited property shall be
paid or transferred to the Board and all cash shall, except in so far as such cash may in the
opinion of the managers be required for transfer to the distribution account, be applied at the
discretion of the managers (but subject always to the provisions of this Schedule) in the
acquisition of authorised investments and immovable property. Provided that all or any amount
of cash may during such time or times as the managers may think fit be retained in cash or on
deposit with any banker or building society approved by the Board and the managers.
35.2 The Board shall be entitled at any time at its entire discretion and without assigning
any reason to give notice to the managers that it is not prepared to accept the transfer of any
property which in the opinion of the Board infringes the terms of this Schedule and the Board
shall be entitled to require the managers to deposit in place of any such property other property
acceptable to the Board.
Realization of investments
36.1 Any investment comprised in the deposited property may at any time be realised at the
discretion of the managers either in order to provide cash required for the purpose of any
provision of this Schedule or in order to retain the proceedings of sale in cash or on deposit as
aforesaid or partly one and partly the other.
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