1. Introduction to My adviZAR

My adviZAR (Pty) Ltd authorised Financial Services Provider, that provides financial services under a license issued in terms of the Financial Advisory and Intermediary Services Act 37 of 2002.

 

  1. Information required under section 51(1)(a) of the Act

Name of business: My adviZAR (Pty) Ltd

Designated Person: Khotso Ramphele

Address: Cnr Leslie & William Nicol 128 Leslie Road
Spaces -Building 2 Design Quarter
Fourways 2191

Email address: khotso@myadvizar.co.za

 

  1. Description of guide referred to in section 10: section 51(1)(b)

A guide has been compiled in terms of Section 10 of PAIA by the South African Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by PAIA. This guide is available in all of the official languages.

 

The guide on how to use PAIA is available on the website of the South African Human Rights Commission, www.sahrc.org.za or at: The South African Human Rights Commission, PAIA Unit

 

Private Bag 2700

Houghton 2041, Johannesburg

Tel. (011) 484 8300, or

Fax (011) 484 7146

 

  1. Applicable Legislation
  • Long Term Insurance Act 52 of 1998
  • Pension Funds Act 24 of 1956
  • Collective Investments Schemes Control act 45 of 2002
  • Companies Act 61 of 1973
  • Skills Development Levies Act 66 of 1995
  • Financial Intelligence Centre Act 38 of 2001
  • Labour Relations Act 66 of 1995
  • Basic Conditions of Employment Act 75 of 1997
  • Employment Equity Act 55 of 1998
  • Prevention of Organised Crime 121 of 1998
  • Income Tax Act 58 of 1962
  • Financial Advisory and Intermediary Services Act 37 of 2002
  • Value Added Tax 89 of 1991
  • Unemployment Insurance Act 63 of 2001
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  1. Categories of Record available without the need for request in terms of PAIA: section 51(1)(c)

My adviZAR does not keep any records in terms of section 51(1)(c), read with section 52(2) of PAIA, that may be accessed without a person having to request access in terms of PAIA.

 

  1. Records available in terms of other legislation: section 51(1)(d)
  • Records required by other legislation are listed in paragraph 8 of this manual.
  1. Details on how to make a request for access: section 51(e)

A request made to My adviZAR must be made in the prescribed form. Such form is attached to this manual as Annexure A which requirements are set out below.

 

Such a request must be made to My adviZAR ’s Designated Person (as stipulated in paragraph 2 of this manual) at the address, fax number or electronic mail address of My adviZAR (as stipulated in paragraph 2 of this manual) and it must be accompanied by the request fee. Such a fee will be in accordance with the fee structure set out in PAIA and Government Gazette Notice No. 7024.

 

The request submitted by the requester must provide sufficient particulars to enable My adviZAR to identify the record that is being requested and the identity of the requester.

 

The request must also include which form of access is required as well as a postal address or fax number of the requester in South Africa.

 

The request must identify the right that the requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

 

The requester will be notified in writing whether the request has been approved or denied. Should the requester wish to be informed in some other manner the requester must state that manner and the necessary particulars to be so informed.

 

Furthermore, if the request is being made on behalf of a person, the requester must submit sufficient proof of the capacity in which the requester is making the request to the reasonable satisfaction of My adviZAR

 

  1. Internal procedure

Upon receipt of a form requesting access to a record or records held by My adviZAR, the request will be forwarded to My adviZAR ’s compliance department.

A decision will then be made on whether to allow the requester access to the records. The requester will be notified in the prescribed manner no later than 30 days from the date of receipt of the request.

 

Should the request be accepted, My adviZAR will notify the requester of:

  • The access fee to be paid. Such a fee will be in accordance with the fee structure set out in PAIA and Government Gazette Notice No. 7024 and is in addition to the request fee referred to above;
  • The form in which access may be given; and
  • The fact that the requester may lodge an application with a court against the access fee to be paid or against the form of access granted by My adviZAR. My adviZAR will notify the requester of the procedure for lodging such an application.

 

  1. Records held by My adviZAR
  • Schedule of records:

Requests for access to documents held by My adviZAR will be in accordance with the Act. The following records are available to the requester from My adviZAR offices.

 

Administration:

Financial Services Provider Licence

Documents of incorporation

Memorandum and Articles of Association / Memorandum of Incorporation

 

Human Resources:

Employment contracts

Representative Mandates

Policies and procedures Training manuals and records

 

Operations:


Compliance reports

Complaints procedures and register

FICA internal compliance policy

Register of key individuals

Register of representatives

Clients register

Conflict of Interest Management Policy

 

Finances:

 

Accounting and audit records

Financial statements

Assets inventory

Bank Statements and cheque records

Tax returns and assessments

VAT returns

Accounting officer’s reports

IRP 5 certificates

PAYE and EMP 201 records

 

  1. Availability of this manual

Any person may gain access to this manual on the My adviZARwebsite (www.myadvizar.co.za) or alternatively a copy can be made available on request by any interested party. This manual is also available from the South African Human Rights Commission.

 

  1. Other information as may be prescribed by section 51(1)(f)

The Minister of Justice and Constitutional Development has not yet issued any regulations in this regard.