B-BBEE Qualifying Small Enterprise Sworn Affidavit

A B-BBEE Sworn Affidavit is a legal document that serves as a declaration of a Qualifying Small Enterprise’s (QSE) B-BBEE status. It is a sworn statement, signed by a duly authorized representative of the company, confirming the company’s compliance with the B-BBEE requirements and affirming its B-BBEE level. It is crucial for QSEs to have this affidavit for various purposes, including government tenders and procurement processes. This affidavit can be used in place of a formal B-BBEE certificate, allowing QSEs to easily demonstrate their B-BBEE compliance.

Purpose and Use

The B-BBEE Qualifying Small Enterprise Sworn Affidavit serves a crucial purpose in the South African business landscape. It is a vital document for Qualifying Small Enterprises (QSEs) that are seeking to participate in government tenders and procurement processes. This affidavit serves as a declaration of the company’s B-BBEE status, enabling them to demonstrate compliance with the Broad-Based Black Economic Empowerment (B-BBEE) Act. Essentially, it is a sworn statement, signed by a duly authorized representative of the company, confirming that the company meets the requirements for being classified as a QSE and affirming its B-BBEE level. This affidavit eliminates the need for a formal B-BBEE certificate, simplifying the process for QSEs to showcase their B-BBEE credentials. It allows them to readily participate in government tenders and procurement opportunities while upholding the B-BBEE Act’s objectives. In essence, the B-BBEE Qualifying Small Enterprise Sworn Affidavit acts as a powerful tool for QSEs, empowering them to demonstrate their B-BBEE compliance and secure opportunities within the South African business ecosystem.

Requirements for Qualifying Small Enterprises

To qualify for a B-BBEE Sworn Affidavit, a company must meet specific criteria outlined by the B-BBEE Act and the Codes of Good Practice. These requirements ensure that the enterprise aligns with the broader objective of promoting economic empowerment and transformation. A QSE must demonstrate that it meets the following criteria⁚

Turnover⁚ The company’s annual turnover must fall between R10 million and R50 million. This threshold ensures that the enterprise is a significant contributor to the economy but remains within the defined size parameters of a small enterprise.
Black Ownership⁚ The enterprise must have a minimum of 50% black ownership. This requirement promotes black economic participation and encourages the transfer of ownership and control to black individuals and groups.
Compliance with B-BBEE Codes⁚ The company must adhere to the B-BBEE Codes of Good Practice, which outline various aspects of the B-BBEE framework, including ownership, management control, employment equity, skills development, enterprise development, and socio-economic development.
Financial Viability⁚ The enterprise must demonstrate sound financial management and a track record of profitability. This requirement ensures that the company is operating sustainably and is capable of meeting its obligations.

By meeting these requirements, QSEs can confidently present their B-BBEE Sworn Affidavit, demonstrating their commitment to B-BBEE principles and securing opportunities within the South African business environment.

Content of the Affidavit

The B-BBEE Qualifying Small Enterprise Sworn Affidavit is a structured document that includes key information about the enterprise’s B-BBEE status and compliance. It typically includes the following essential elements⁚

Affiant Information⁚ The affidavit begins with the details of the individual signing the document. This includes the affiant’s full name, identity number, and official position within the enterprise.
Enterprise Information⁚ The affidavit clearly identifies the enterprise by providing its full name, trading name, registration number, and VAT number.
Nature of Business⁚ The affidavit details the core business activities of the enterprise, providing a clear understanding of the company’s operational focus and industry.
Declaration of Compliance⁚ The affidavit contains a declaration statement where the affiant confirms that the information provided is accurate and true to the best of their knowledge. They affirm that the enterprise meets the requirements of a QSE and that the B-BBEE level stated in the affidavit accurately reflects the company’s B-BBEE status.
Black Ownership⁚ The affidavit specifies the percentage of black ownership in the enterprise. This information is crucial for demonstrating compliance with the B-BBEE requirements and supporting the company’s claim of being a qualifying small enterprise.
Confirmation of Turnover⁚ The affidavit includes a statement confirming the enterprise’s annual turnover, ensuring that it falls within the prescribed range for QSEs.
Signature and Date⁚ The affiant signs the affidavit in front of a Commissioner of Oaths, signifying that they have made the statements under oath and acknowledging the legal implications of the document. The date of signing is also included.
Commissioner of Oaths Information⁚ The affidavit includes the details of the Commissioner of Oaths who administers the oath, including their name, signature, and official stamp.

These elements ensure that the B-BBEE Qualifying Small Enterprise Sworn Affidavit is a comprehensive and legally valid document that provides a clear picture of the enterprise’s B-BBEE status.

Notarization and Validity

The B-BBEE Qualifying Small Enterprise Sworn Affidavit must be notarized to be legally valid and admissible as evidence. Notarization is a critical process that adds legal weight to the document, confirming the authenticity of the statements made and the identity of the affiant. This process involves a Commissioner of Oaths, who is a designated official authorized to administer oaths. The affiant must appear before the Commissioner of Oaths and declare under oath that the statements made in the affidavit are true and accurate to the best of their knowledge. The Commissioner of Oaths then signs and stamps the document, verifying the authenticity of the affiant’s signature and the oath taken. The notarized affidavit then becomes a legally binding document, carrying legal weight and serving as credible evidence in various situations, such as government tender submissions. It is essential to note that the B-BBEE Qualifying Small Enterprise Sworn Affidavit has a limited validity period, typically 12 months from the date of signing. After this period, the affidavit expires and needs to be renewed. This ensures that the information provided remains current and accurate, reflecting the enterprise’s ongoing compliance with the B-BBEE requirements. To maintain the legal validity of the affidavit and ensure its continued use for government tender submissions and other purposes, enterprises must adhere to the validity period and renew the affidavit before its expiration date.

Obtaining the Affidavit Template

Acquiring the B-BBEE Qualifying Small Enterprise Sworn Affidavit template is a straightforward process, readily accessible through various online resources. The template is typically available for download from the websites of reputable organizations involved in B-BBEE compliance and regulation. Two prominent sources for obtaining the affidavit template are⁚

The Companies and Intellectual Property Commission (CIPC)⁚ The CIPC, a South African government agency responsible for company registration and intellectual property matters, provides access to various B-BBEE forms and templates, including the B-BBEE Qualifying Small Enterprise Sworn Affidavit.
The Department of Trade, Industry and Competition (dtic)⁚ The dtic, another government department responsible for promoting economic growth and development, also makes the B-BBEE Qualifying Small Enterprise Sworn Affidavit template available on its website.

Once you have downloaded the template, you can easily complete it by filling in the required information about your enterprise. It is advisable to consult with a B-BBEE expert or legal professional to ensure accurate completion and compliance with the latest B-BBEE regulations. Once completed, the affidavit must be signed in front of a Commissioner of Oaths to make it legally valid. This can be done at a bank, notary public’s office, or other designated locations. By following these steps, QSEs can obtain the B-BBEE Qualifying Small Enterprise Sworn Affidavit template and complete the process of demonstrating their B-BBEE compliance, enabling them to participate in government tenders and procurement opportunities.

B-BBEE Qualifying Small Enterprise Sworn Affidavit