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Board Resolution For Tender Participation Template for South Africa

A Board Resolution for Tender Participation is a formal corporate document under South African law that records the board of directors' decision to participate in a specific tender process. The resolution authorizes designated individuals to prepare and submit tender documents, specifies financial limits, and delegates necessary powers for tender-related activities. It serves as evidence of proper corporate governance and compliance with the Companies Act 71 of 2008, while also addressing requirements under South African procurement legislation, including BEE compliance where applicable.

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What is a Board Resolution For Tender Participation?

A Board Resolution For Tender Participation is a crucial corporate governance document required when companies wish to participate in tender processes in South Africa. This document demonstrates that the company's participation in the tender has been properly authorized at board level, in compliance with the Companies Act 71 of 2008 and other relevant legislation. The resolution typically includes details of the specific tender, authorized representatives, financial limits, and any special conditions. It's particularly important in South Africa where tender processes are heavily regulated and require strict compliance with various laws, including BEE requirements and anti-corruption legislation. The document serves multiple purposes: it provides evidence of proper corporate authorization for external stakeholders, establishes clear internal authorities and limitations, and forms part of the company's corporate governance record.

What sections should be included in a Board Resolution For Tender Participation?

1. Company Details: Full legal name of the company, registration number, and registered address

2. Meeting Details: Date, time, location of the board meeting, and confirmation of quorum

3. Attendees: List of directors present, apologies, and other attendees

4. Resolution Context: Background information about the tender opportunity and reason for participation

5. Tender Details: Specific details of the tender including tender number, issuing authority, and submission deadline

6. Board Resolution: The formal resolution text authorizing tender participation and related actions

7. Authorization Powers: Specific powers granted to designated individuals to prepare, sign and submit tender documents

8. Financial Authority: Approved budget or financial limits for the tender submission

9. Certification: Certification by the chairperson or company secretary that the resolution was duly passed

What sections are optional to include in a Board Resolution For Tender Participation?

1. Conflicts of Interest: Declaration of any conflicts of interest by board members - include if any directors have interests in the tender

2. BEE Compliance: Specific mention of company's BEE status and compliance - include if relevant to tender requirements

3. Joint Venture Authorization: Authorization for entering into joint venture agreements - include if tender will be submitted as part of a consortium

4. Special Conditions: Any special conditions or limitations on the authorization - include if board wishes to impose specific restrictions

5. Risk Assessment: Board's acknowledgment of tender-related risks - include for high-value or high-risk tenders

What schedules should be included in a Board Resolution For Tender Participation?

1. Appendix A - Authorized Signatories: List of individuals authorized to sign tender documents with specimen signatures

2. Appendix B - Financial Limits: Detailed breakdown of approved financial limits and budgetary allocations

3. Appendix C - Supporting Documents: Copies of relevant supporting documents (e.g., BEE certificate, company registration)

4. Appendix D - Power of Attorney: Power of attorney documents for authorized representatives if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Board Resolution

Cost

Free to use

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