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ARTICLE · 29 JUNE 2022

Collateral Arrangements: A Brief History

The STT Act contains various exemptions including the so-called "collateral arrangement" exemption, which came into force on 1 January 2016.

South AfricaTax

Any transfer of a share issued by a South African incorporated company or listed on a South African exchange is subject to securities transfer tax ("STT"), which is levied in terms of the Securities Transfer Tax Act ("STT Act"). In the context of providing shares as security by transferring ownership of the shares, the STT consequences are therefore an important consideration.

The STT Act contains various exemptions including the so-called "collateral arrangement" exemption, which came into force on 1 January 2016. This exemption essentially provides relief in respect of collateral arrangements, ie, where an outright transfer of collateral of South African listed equities is executed in respect of an amount owed.

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