Aldes Business Brokers

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Access to information

Section 51 manual

Aldes Business Broker

ALDES BUSINESS FRANCHISE AFRICA (PTY) LTD

Registered Estate Agent in terms of the Estate Agency Affairs Act 1976

Fidelity Fund Certificate – Number: 2011110322

Company Registration Number: 2006/036900/07
ALDES BUSINESS BROKERS FRANCHISE AFRICA (PTY) LTD

t/a ALDES BUSINESS BROKERS

Manual in terms of The Promotion of Access to Information Act 2/2000 (the”ACT”)

December 2011

1. Introduction

Aldes Business Brokers conducts business as Franchised Business Brokers. ALDES is registered as an Estate Agent with The Estate Agency Affairs Board and holds a valid Fidelity Fund Certificate.

2. Company Contact Details

Persons designated/duly authorised persons

  • Director: Ferdie van Greunen (Managing Director)
  • Office Manager: Monica van Greunen
  • Postal Address: P.O. Box 74646, LYNNWOOD RIDGE, 0040
  • Street Address: 282 FREMONTIA STREET, LYNNWOOD RIDGE, 0040
  • Telephone Number: 012 361 2690
  • Fax Number: 012 361 1842
  • E-mail Address: aldes@aldes.co.za
  • Website: www.aldes.co.za

3. The Act – Section 10 Guide

A Guide has been compiled in terms of Section 10 of Promotion of Access to Information Act (PAIA) by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA. It is available in all the official languages.

3.1. The ACT grants a requester access to records of the private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2. Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7.
3.3. Requesters are referred to the Guide to be compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. Please direct any queries to:

The South African Human Rights Commission:
29 Princess of Wales Terrace
StreetCnr York and St. Andrews Street
Parktown
Johannesburg
PAIA Unit
Research And Documentation Department

Postal Address: Private Bag 2700
Houghton
2041
Telephone Number: 011-877 3600
FaxNumber: 011- 403 0625
E-mail: PAIA@sahrc.org.za
Website: www.sahrc.org.za

4. Applicable Legislation

No Ref Act
1 No 61 of 1973 Companies Act
2 No 98 of 1978 Copyright Act
3 No 55 of 1998 Employment Equity Act
4 No 95 of 1967 Income Tax Act
5 No 66 of 1995 Labour Relations Act
6 No 89 of 1991 Value Added Tax Act
7 No 112 of 1976 Estate Agency Affairs Act
8 No 75 of 1997 Basic Conditions of Employment Act
9 No 130 of 1993 Occupational Injuries and Diseases Act
10 No 25 of 2002 Electronic Communications and Transactions Act
11 No 2 of 2000 Promotion of Access of Information Act
12 No 30 of 1996 Unemployment Insurance Act

5. Access to Records and Availability

The head of ALDES BUSINESS BROKERS -

  1. must, during office hours and upon request, make available for public inspection a copy of the manual;
  2. may not charge a fee for a public inspection referred to in paragraph (a); and
  3. may, in respect of a copy of the manual or part thereof made available in a manner other than that contemplated in paragraph(a), charge the fee prescribed in Item 1 of Part III of Annexure A and the actual postage if a copy must be posted.

Records

COMPANIES ACT RECORDS

  1. Documents of incorporation
  2. Memorandum and Articles of Association
  3. Minutes of Board of Directors meetings
  4. Records relating to the appointment of directors/ auditor/ secretary/ public officer and other officers
  5. Share Register and other statutory registers

FINANCIAL RECORDS

  1. Annual Financial Statements
  2. Tax Returns
  3. Accounting Records
  4. Banking Records
  5. Bank Statements
  6. Paid Cheques
  7. Electronic Bank Records
  8. Asset Register
  9. Rental Agreements
  10. Invoices

INCOME TAX RECORDS

  1. PAYE Records
  2. Documents issued to employees for income tax purposes
  3. Records of payments made to SARS on behalf of employees
  4. All other statutory compliances:
    • VAT
    • UIF

PERSONNEL DOCUMENTS AND RECORDS

  1. Employment contracts
  2. Disciplinary records
  3. Salary or Commission records
  4. Disciplinary code
  5. Leave records
  6. Training records
  7. Training Manuals

SUBJECTS ON WHICH RECORDS ARE KEPT

Transactions concluded in the sale or purchase of business sold by ALDES BUSINESS BROKERS.

6. Form of Request

The requester must complete Form C and submit this form together with a request fee, to the head of the private body.
The form must be submitted to the head of the private body at his/ her address, fax number, or electronic mail address.
The form must: provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester:

  • Indicate which form of access is required,
  • Specify a postal address or fax number of the
    requester in the Republic,
  • 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,
  • If in addition to a written reply, the requester wishes to be informed of
  • The decision on the request in any other
    manner, to state that manner
  • And the necessary particulars to be informed
    in the other manner,
  • If the request is made on behalf of another
    person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the private body.

7. Prescribed Fees

7.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
7.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
7.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
7.4 Records may be withheld until the fees have been paid.
7.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za, or the website of THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (under regulations) at http://www.doj.gov.za/