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Dr Robin Woolley 082-332-9201 Introducing Enterprise developm
17

Current and coming law on ED, and you - Serious Enterprise Development 2011

Nov 30, 2014

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Presented during Tshikululu Social Investments' 2011 Serious Enterprise Development workshop.

How do the objectives of enterprise development under B-BBEE codes compare to those in other countries? Dr Woolley will review the basis of ED qualification under the codes; ask how a company
might engage in value-adding ED in a way that aligns with business strategy; and consider what to do, and what not to do, during the implementation of ED.
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Page 1: Current and coming law on ED, and you - Serious Enterprise Development 2011

Dr Robin Woolley082-332-9201

Introducing Enterprise development

Page 2: Current and coming law on ED, and you - Serious Enterprise Development 2011

Ticking Time-Bomb 1 – High GINI Coefficient “Gini Coefficient is a measure of statistical dispersion

developed by the Italian statistician Corrado Gini, commonly used as a measure of inequality of income or wealth. A low Gini coefficient indicates a more equal distribution, with 0 corresponding to perfect equality, while higher Gini coefficients indicate more unequal distribution, with 1 corresponding to perfect inequality.

When used as a measure of income inequality, the most unequal society will be one in which a single person receives 100% of the total income and the remaining people receive none (G=1); and the most equal society will be one in which every person receives the same percentage of the total income (G=0).”

Page 3: Current and coming law on ED, and you - Serious Enterprise Development 2011

GINI CO- EFFICIENT: Measuring inequality

Page 4: Current and coming law on ED, and you - Serious Enterprise Development 2011
Page 5: Current and coming law on ED, and you - Serious Enterprise Development 2011

B-BBEE will not succeed without growth

Source: The Brenthurst initiative 1999

Page 6: Current and coming law on ED, and you - Serious Enterprise Development 2011

The dimensions of B-BBEE – a Maslow’s view

Enterprise development

Preferential procurement

Employment equity

Company ownership

The environment

Your supply chain

Your company

On-g

oin

g

Once

off

Targets Weight

Management & control

Skills development

Socio-economic1% NPAT

3% NPAT

See overleaf

3% payroll

68%-3%

40% - 50%

25% shareholding

20%

10%

15%

20%

15%

5%

15%

Page 7: Current and coming law on ED, and you - Serious Enterprise Development 2011
Page 8: Current and coming law on ED, and you - Serious Enterprise Development 2011

Enterprise Development Contributions means: • monetary or non-monetary contributions • recoverable or non-recoverable contributions• actually initiated and implemented in favour of qualifying

beneficiary entities• with the objective of contributing to the development,

sustainability and financial and operational independence of those beneficiaries

ED Definition

Enterprise development – 1. Beneficiary exists for profit

Note: size and maturity is not a specific disqualification, But look at the definition of ED in the Codes.

Page 9: Current and coming law on ED, and you - Serious Enterprise Development 2011

Enterprise development – 2. Who qualifies

Category A EME Contributions or 50% black owned or 30% black women owned; adjusted using the Benefit Factor, multiplied by 1.25

Category B Enterprise Development Contributions adjusted using the Benefit Factor:

50% black owned or 30% black women owned; or25% black owned with a BEE Status of between Level One and Level Six

i.e. > 25% black owned is a qualifying requirement

Page 10: Current and coming law on ED, and you - Serious Enterprise Development 2011

grant and related contributions

contribution amount benefit factor

grant contribution full grant amount 100%

direct cost incurred in supporting ED

verifiable cost (including both monetary and non-monetary)

100%

discounts in addition to normal business practices supporting ED

discount amount (in addition to normal business discount)

100%

overhead costs incurred in supporting ED(including people appointed in ED)

verifiable costs (including both monetary and non-monetary)

80%

Enterprise development – 3. What qualifies

Page 11: Current and coming law on ED, and you - Serious Enterprise Development 2011

loans and related contributions

contribution amount benefit factor

interest-free loan with no security requirements supporting ED

outstanding loan amount 100%

standard loan to black owned entities with turnover of less than R 35 million supporting ED

outstanding loan amount 70%

standard loan provided to other beneficiary enterprises supporting ED

outstanding loan amount 60%

guarantees provided on behalf of a beneficiary entity supporting ED

guarantee amount 3%

lower interest rate supporting ED

outstanding loan amount prime rate – actual rate

Enterprise development – 3. What qualifies continued

Page 12: Current and coming law on ED, and you - Serious Enterprise Development 2011

other contributions contribution amount benefit factor

shorter payment periods supporting ED

percentage of invoiced amount

percentage being 15 days less the number of days from invoice to payment

Enterprise development – 3. What qualifies continued

Enterprise development – 4. Different from cost of sales

Page 13: Current and coming law on ED, and you - Serious Enterprise Development 2011

Enterprise Development best practice

• Supplier support - development

• Strategic investment – related value offerings / M & A activity

• Core vs non-core activities

• Courtship? – joint venturing

• Collaboration

• Capex

PURPOSE

POSITIONINGPRODUCTS

PROCESSES

PEOPLE PARTNERS

Excess

Page 14: Current and coming law on ED, and you - Serious Enterprise Development 2011

• Use audited financial statements• For Enterprise Development

– Obtain evidence to determine the B-BBEE Status of the beneficiary entity and qualifying category

– Obtain an independent competent person's report confirming that the beneficiaries meet the definition of "black" as defined.

– Inspect Enterprise Development Agreements to ensure that it complies with the criteria.

– Confirm that VAT is not included

ED: Verification Process

Page 15: Current and coming law on ED, and you - Serious Enterprise Development 2011

Conceptualization Process/ Concept/ opportunity development

Idea Generation

Idea Graduation

IdeaImplementation

Incubation Nexttime

1. Understanding COGP technical compliance aspects of ED

2. Understanding a value based strategic approach to ED

3. Brainstorming for “best fit ideas”

4. Idea filtering and selection

5. Mapping certainties and uncertainties (Scoping)

1. Business Model Development

2. Market Analysis: Customers and Competitors

3. Risk Assessment : structuring tax, IFRS2, legal, empowerment,

4. Financial Budgets

5. Business Plan

1. Deal Structuring

2. Financing

3. Entrepreneur / Partner selection

4. Start -up

1. Virtual Incubation: Mentorship, Coaching, BDS

2. Total Incubation

3. Networking Forums

1. Accelerated Growth Development

Phase One

Phase Two

Phase ThreePhase Four

Phase Five

Page 16: Current and coming law on ED, and you - Serious Enterprise Development 2011

Our ED map is …

Sho

rt T

erm

Med

Ter

mLo

ng T

erm

Actions Responsibility By When

Page 17: Current and coming law on ED, and you - Serious Enterprise Development 2011