Indigenisation and Economic Empowerment Act updated as at 8th May 2015
them respectively on the last preceding accounting date the amount available for distribution to
unit holders as certified in accordance with paragraph 43.1 in respect of the accounting period
ending on such accounting date adjusted to the nearest amount not involving the distribution of
a fraction of a cent per 10 units.
40.2 As at each accounting date the amount of cash required to effect such distribution
shall be transferred to a special account to be entitled “distribution account” and the amount to
the credit of the distribution account shall not be treated as part of the deposited property held
by the Board upon trust to distribute as provided.
Computation of distribution
41.1 The proceeds of sales of rights and all other receipts deemed by the managers, after
consulting the auditors, to be in the nature of capital accruing from investments and immovable
property shall not be regarded as available for distribution but shall be retained as part of the
deposited property.
41.2 The amount available for distribution in respect of any accounting period shall be
assessed by deducting the management participation from the total net amount received by the
Board in the accounting period of all interest, dividends and other receipts deemed by the
managers, after consulting the auditors, to be in the nature of income and by making such
adjustments as the managers, after consulting with the auditors, may think fit. Permitted
adjustments shall be:
41.2.1
addition or deduction of a sum by way of adjustment to allow for the effect
of sales or purchases cum dividend;
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.
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