Validity of lock-in provisions in BEE transactions
11 September 2020, Johnny Davis
A few years ago, our company entered into a BEE transaction with BEE partners to address our ownership. In the... transaction documents, restrictions were imposed on the BEE partners that they could not sell or encumber their shares for a period of at least ten years. These lock-in provisions were a necessary part of the financing and overall transaction. With the current difficult economic times, our partners want to sell a portion of their shares and are disputing the validity of our lock-in provisions. Are lock-in provisions legally enforceable?