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South Africa Manual Prepared in Accordance with Section 51 of the Promotion of Access to Information Act 1. Preamble S

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South Africa Manual Prepared in Accordance with Section 51 of the Promotion of Access to Information Act 1. Preamble S MAITLAND: SOUTH AFRICA MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 1. PREAMBLE Section 51 of the Promotion of Access to Information Act No.2 of 2000, (“the Act”), as amended by the Protection of Personal Information Act no. 4 of 2013 (“POPIA”) requires that the Maitland companies in South Africa, as private bodies, must compile a manual giving information to the public regarding the procedure to be followed in requesting information from Maitland for the purpose of exercising or protecting rights in accordance with data protection constraints. 2. INTRODUCTION 2.1 Maitland is a global advisory, administration and family office firm providing seamless legal, fiduciary, investment and fund administration services to private, corporate and institutional clients across multiple jurisdictions. Maitland operates from 16 offices across 12 countries. 2.2 In South Africa Maitland offers fiduciary and corporate services, legal advisory services, wealth management services and fund services from offices based in Illovo, Bryanston and Cape Town. 2.3 The legal advisory services are conducted through Maitland Advisory (Pty) Limited from Cape Town. 2.4 The fiduciary services are conducted through Maitland Fiduciary Limited situated in Cape Town, Illovo and Bryanston. 2.5 The corporate services are conducted through Maitland Group South Africa Limited and its subsidiaries, situated in Illovo and Cape Town. 2.6 The wealth management services are conducted through Maitland Asset Management (Pty) Ltd from the Cape Town and Illovo offices. 2.7 The Fund services are conducted through Maitland Group South Limited and Maitland Hedge Fund Services (Pty) Ltd from the Cape Town office. 2.8 This manual documents the categories of information held by the South African offices of Maitland (“the Company”) and aims to assist potential requestors in requesting access to information from Maitland as contemplated under the Act. 2.9 The following words or expressions bear the following meanings in this manual: 2.9.1 “the Act” means the Promotion of Access to Information Act No.2 of 2000, together with the regulations and rules published in terms of this Act; 2.9.2 “Manual” means this manual together with its annexures, as amended from time to time, made available at the offices of Maitland South Africa; 2.9.3 “SAHRC” means the South African Human Rights Commission. 190830 Upated PAIA Manual v2 2.doc 190830 Upated PAIA Manual v2 2.doc 2 3. Company details Please refer to Annexure B for a list of Maitland’s South African offices. 4. THE OFFICIAL GUIDE A guide on how to use the Act has been compiled by the SAHRC in terms of section 10 of the Act and can be viewed on the SAHRC website. Any queries should be directed to: 4.1 The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Physical address: Braampark Forum 3, 33 Hoofd Street, Braamfontein, South Africa Postal Address: Private Bag X2700, Houghton, 2041, Johannesburg, South Africa Telephone: +27 (0)11 877 3600 Fax: +27 (0)11 403 0668 Website: www.sahrc.org.za E-mail: [email protected] 4.2 The Information Regulator (South Africa) 33 Hoofd Street Forum III, 3rd Floor Braampark Braamfontein, Johannesbug [email protected] 5. AVAILABILITY OF MANUAL 5.1 This manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Maitland. 5.2 Copies of the manual may be made, subject to the prescribed fees, and 5.2.1 may be requested from the South African Human Rights Commission (“SAHRC”); 5.2.2 may be made available to the Information Regulator upon request. 5.3 The manual is also posted on Maitland’s website at https://www.maitlandgroup.com/. 6. THE PURPOSE OF PROCESSING PERSONAL INFORMATION 6.1 The Company processes personal information for a number of reasons, including but not limited to the following: 6.1.1 To perform services; 2 190830 Upated PAIA Manual v2 2.doc 3 6.1.2 To maintain records; and 6.1.3 For employment purposes 6.2 We process personal information primarily for the purpose of providing a contracted service(s) to clients but in addition to this we may use personal information for the following purposes: 6.2.1 To meet a legal or regulatory requirement; 6.2.2 To advise clients of changes that may affect them that we feel are in their best interests such as communications about purchases and changes to our terms and conditions, and policies; 6.2.3 For internal administrative and accounting, auditing, data analysis and research purposes in the normal course of managing our business and to improve Maitland services and customer communications; 6.2.4 If we believe that we have a legitimate interest or that the data subject has a legitimate interest and to not use their personal information may have a negative impact on them. 7. CATEGORIES OF DATA SUBJECTS AND PERSONAL INFORMATION PROCESSED BY THE COMPANY Categories of data subjects and personal information processed by the Company include the following: Categories of Data Subject Personal Information Processed Clients / Prospective Clients: Natural Persons Names; contact details; physical and postal addresses; dates of birth’ Identity numbers; tax related information; nationality; confidential correspondence; passport numbers Clients / Prospective Clients: Juristic Persons Names of contact persons; name of legal entity; physical / postal addresses and contact details; financial information; registration number; founding documents; tax related information; information of connected parties and Ultimate Beneficial Owners Product Suppliers Names of contact persons; name of legal entity; physical and postal address and contact details; registration number; regulatory licence number; founding documents; tax related information; authorised signatories and representatives Contracted Service Providers / Vendors Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories; BEE Certificates 3 190830 Upated PAIA Manual v2 2.doc 4 Employees / Potential Employees / Contracted Gender; marital status; race; age; language; staff members / Shareholders education information; employment history; identity number; physical and postal addresses and contact details; financial information; pregnancy status; shareholder scheme information 8. CATEGORIES OF INFORMATION INSOFAR AS THE ACT IS CONCERNED The list of subjects and categories of information held by the Company includes the following: 8.1 Statutory Company Information 8.1.1 Memorandum and Articles of Association/Memorandum of Incorporation 8.1.2 Certificates issued by the Registrar of Companies 8.1.3 Company resolutions 8.1.4 Proxy forms 8.1.5 Company forms lodged with the Registrar in terms of the Companies Act, Minute books 8.1.6 Share registers 8.1.7 Director’s attendance registers 8.1.8 Shareholder agreements 8.2 Accounting Records 8.2.1 Annual financial statements 8.2.2 Books of account 8.2.3 Fixed Asset Registers 8.2.4 Client Invoices 8.2.5 Supplier Invoices and 8.2.6 Auditor’s reports 8.2.7 Income Tax returns 8.2.8 Value Added Tax returns 8.3 Banking Details 8.3.1 Bank facilities and account details 8.3.2 Overdraft facilities 8.3.3 Bank statements 8.3.4 Bank signatory forms 4 190830 Upated PAIA Manual v2 2.doc 5 8.3.5 Other banking records and agreements 8.4 Human Resources / Employment Records 8.4.1 Pay as You Earn (PAYE) records 8.4.2 Contracts of employment 8.4.3 Personnel files 8.4.4 Disciplinary records 8.4.5 Schedule of shares 8.4.6 Employee benefit records 8.4.7 Salary and wage register 8.4.8 Provident fund agreement, rules and actuarial valuation reports 8.4.9 Minutes of meetings of trustees and members of provident fund 8.4.10 Provident fund contribution reports 8.4.11 Attendance and leave registers 8.4.12 Expense accounts 8.4.13 Group life 8.4.14 Human resource policies and codes of conduct 8.4.15 Training manual 8.4.16 Medical Aid Administration 8.5 Client Information 8.5.1 Documentation and other information received from clients, including documentary information required in compliance with the Financial Intelligence Centre Act 38 of 2001. 8.5.2 Documentation and other information received from third parties. 8.5.3 Correspondence with clients. 8.5.4 Correspondence with third parties. 8.5.5 Information prepared by employees for clients, including opinions, memoranda and reports. 8.5.6 Other information relating to, or held on behalf of, clients 8.6 Insurance Records 8.6.1 Insurance policies taken out for the benefit of Maitland and its employees, including: 8.6.2 Group life assurance and disability income protection insurance; 8.6.3 Professional indemnity insurance in respect of Maitland. 5 190830 Upated PAIA Manual v2 2.doc 6 8.6.4 Directors and Officers liability cover. 8.6.5 Fidelity insurance in respect of trust monies and client investment monies held by Maitland. 8.7 Immovable And Movable Property 8.7.1 Agreements of lease of immovable property occupied by Maitland. 8.7.2 Credit sale agreements and/or hire purchase agreements. 8.7.3 Other agreements for the purchase, ordinary sale, conditional sale or hire of assets. 8.8 Information Technology 8.8.1 Computer software, support and maintenance agreements. 8.8.2 Other documentation pertaining to computer systems and computer programmes held by Maitland. 8.9 Sales And Marketing 8.9.1 Brochures, Newsletters and Advertising Materials 8.9.2 Marketing agreements 8.10 Miscellaneous Agreements 8.10.1 Loans from third parties (including banks). 8.10.2 Loans to third parties. 8.10.3 Suretyship agreements. 8.10.4 Security agreements, guarantees and indemnities.
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