| (1) |
An affected company must— |
| (a) |
establish and maintain a register of persons who hold beneficial interest equal to or in excess of 5% of the total number of securities of that class of securities issued by the company, which register must be in one of the official languages of the Republic and must record the following information regarding each such person— |
| (i) |
if a natural person, the full name, date of birth, identity number ,if South African, or passport number, passport’s country of issue and country of birth, if non-South African; |
| (ii) |
if a juristic person, the full name and registration number of the juristic person; |
| (iii) |
the business, residential or postal address; |
| (iv) |
email address, if available; and |
| (v) |
confirmation as to the participation and extent of the person’s beneficial interest in the total number of issued securities of that class, whether directly or indirectly, ownership of a company or exercising effective control of such company; |
| (2) |
The register contemplated in subregulation (1) of an affected company must be kept up to date and an affected company must as soon as practical, but no later than 10 business days of any notification, pursuant to section 122(1) of the Act, as to the change of the information listed under subregulation (1) in its register of the disclosure of beneficial interest, update that register to reflect the changes to such information. |
| (3) |
The register of the disclosure of beneficial interest required to be kept by an affected company under the Act and this regulation must be kept in such a manner as— |
| (a) |
to provide indexed access to all relevant entries for any one person; |
| (b) |
to provide adequate precautions against— |
| (i) |
theft, loss or intentional or accidental damage or destruction; and |
| (c) |
to facilitate the discovery of any falsification. |
| (4) |
If an affected company's register of the disclosure of beneficial interest is kept in electronic form, the company must— |
| (a) |
provide adequate precautions against loss of the records as a result of damage to, or failure of, the media on which the records are kept; and |
| (b) |
ensure that the records are at all times capable of being retrieved to a readable and printable form, including by converting the records from legacy to later systems, storage media, or software, to the extent necessary from time to time. |
| (5) |
In so far as the identity number and e-mail address of a person may be entered into a register kept under this regulation, such information may, at the instance of the company be regarded as confidential. |
| (6) |
Any entry in a register of the disclosure of beneficial interest, pertaining to a person who has ceased to hold beneficial interests equal to or in excess of 5% of the total number of securities of that class of securities issued by the affected company, may be disposed of seven years after that person last held such beneficial interest in the securities of the affected company. |
[Regulation 32A inserted by section 5 of the Companies Amendment Regulations, 2023, Notice No. R. 3444, GG48648, dated 24 May 2023 - resultant from the General Laws Amendment Act, 2022, and comes into effect on the date of publication of this Notice]
Statistics Act, 1999
