Competition Commission and Buy and Sell Side BEE M&A Support

Assisting transacting companies navigate BEE and the Competition Commission's public interest considerations to ensure a smooth M&A process. 

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Country entry clients 

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Strategic BEE and Competition Commission support

Whether you are buying or selling a South African company or are a new entrant to South Africa, we specialise in guiding you and your advisors through evaluating your target’s BEE robustness to build an integrated BEE and Competition Commission public interest strategy that reduces unforeseen implementation and post-implementation BEE risks.

Buy-side BEE due diligence on targeted companies

We assist buyers understand the BEE risks and opportunities in targeted businesses to negotiate appropriate warranties and be prepared for Competition Commission public interest requirements through providing the following services: 

  • Advise buyers on Competition Commission public interest considerations, sharing current best practice.
  • Evaluate the robustness of the targeted company's BEE scorecard.
  • Evaluate and cost opportunities to improve BEE score.
  • Advise on BEE compliance, costs and sustainability post-acquisition.
  • Assess the alignment of the company's BEE structures and initiatives with its business strategy.
  • Perform due diligence on the current BEE ownership structure.
  • Conduct a thorough fronting evaluation.
  • Provide ownership strategic option analysis to replace existing BEE shareholding.
typing on keyboard bee buy and sell
bee working on tablet

Sell-side BEE due advisory for sellers:

We assist sellers to prepare a comprehensive BEE solution and strategy pack that will meet the needs of potential buyers to ensure a smooth M&A process and reduce BEE penalties in the sale prices through providing the following services: 
  • Competition Commission public interest advisory.
  • Sell-side BEE ownership due diligence.
  • Provide ownership strategic option analysis to replace existing BEE shareholding.
  • Assist in developing and setting up a bundled Competition Commission public interest proposal.
  • Offer pre-emptive ESOP modelling.
  • Prepare a comprehensive BEE compliance pack for sellers and to prepare for the Competition Commission process.
  • Conduct fronting evaluations.

Competition Commission advisory services

Transcend Capital provides the following Competition Commission advisory services: 

  • Advise on the Competition Commission's current public interest requirements for country entry.
  • Train M&A teams on Competition Commission public interest requirements and practical options.
  • Quantify the current BEE initiatives and assist in scoping and costing a bundled proposal for Competition Commission.
  • Evaluate Black ownership (different from BEE scorecard ownership) for Competition Commission compliance.
  • Provide expert BEE ownership advice and structuring for submission to the Competition Commission.
  • Offer specialist ESOP advisory services.
business man in competition commision
man and woman discussing bee ownership advisory

Market entry BEE Ownership advisory

Transcend Capital additionally provides the following BEE ownership advisory services: 

  • Due diligence on existing BEE ownership structure.
  • Competition Commission pre and post deal BEE ownership reporting.
  • Post-transaction BEE ownership option analysis.
  • ESOP feasibility, costing and set-up.

Enterprise and Supplier Development fund set-up

Transcend Capital assists with the following ESD Fund set-up: 

  • Assist companies in designing and implementing Enterprise and Supplier Development (ESD) and education funds.
  • Share best practice fund structures.
  • Ensure that the fund aligns to supply chain and business goals.
  • Assist with sourcing long-term partners.
  • Sourcing and evaluating ESD and fund services providers.
bee consultants

Let's set up a call to discuss how we can help you