Can I claim my provident fund during a company takeover?


Question:

Hi, When a company gets sold, do its employees have the option of claiming their provident fund even though they will still be working for the new company?

Answer:

Dario,

By law, employees may only claim their provident fund if they resign, or are dismissed or retrenched. This situation appears to be the sale of a going concern, with no change to the employees' "employment" status. They may therefore not withdraw from the provident fund.

The information and answers supplied in this section do not constitute advice as defined by the Financial Advisory and Intermediary Services Act, 37 of 2002.


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