“Qualifying interest” definition of section 42 of ITA

 ‘qualifying interest’ of a person means-

(a)     an equity share held by that person in a company which is a listed company or will become a listed company within 12 months after the transaction as a result of which that person holds that share;

(b)     an equity share held by that person in a portfolio of a collective investment scheme in securities;

(c)     equity shares held by that person in a company that constitute at least 10 per cent of the equity shares and that confer at least 10 per cent of the voting rights in that company;

[Paragraph (c) substituted by section 36(a) of Act 17 of 2023]

(d)     an equity share held by that person in a company which forms part of the same group of companies or that person; or

[Paragraph (d) substituted by section 36(b) of Act 17 of 2023]


(e)     any equity share held in a portfolio of a hedge fund collective investment scheme.

[Paragraph (e) added by section 62 of Act 25 of 2015 effective on 1 April 2015]