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Trust Property Control Act, 1988 (Act No. 57 of 1988)

Regulations

Regulations under the Trust Property Control Act, 1988 (Act No. 57 of 1988)

3E. Access to information contained in beneficial ownership register

 

(1) The Master and a trustee must make the information contained in the beneficial ownership register that the Master and a trustee keep in terms of section 11A of the Act available to—
(a) the National Prosecuting Authority;
(b) the Independent Police Investigative Directorate;
(c) the State Security Agency;
(d) the Intelligence Division of the National Defence Force;
(e) a Special Investigating Unit;
(f) an investigative division in a national department listed in Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), having a function by law to investigate unlawful activity within that national department or in another organ of state;
(g) the Public Protector;
(h) the South African Revenue Service;
(i) the Financial Intelligence Centre;
(j) an investigative division of the Auditor-General having the function by law to investigate material irregularities in accordance with the Public Audit Act, 2004 (Act No. 25 of 2004);
(jA) the South African Police Service;
(jB) an investigating authority in the Republic; and
(k) a person who is entitled to receive such information in terms of other national legislation.

[Regulation 3E(jA)(jB) inserted by section 2(b) of Notice No. R. 4510, GG50296, dated 15 March 2024]

 

(2) The entities and authorities referred to in subregulation (1) must—
(a) in writing, request access to the information contained in the register, from the Chief Master;
(b) provide proof to the satisfaction of the Chief Master that they qualify in terms of subregulation (1) to be granted access to the information contained in the register; and
(c) designate officials who will have access to the beneficial ownership register kept by the Master.

 

(3) The Master must, upon receipt of the details of officials so designated provide the officials with access to the information contained in the register.

 

(4) Should a person no longer be a designated official contemplated in subregulation (2)(c) the relevant entity or authority must provide the Chief Master with a written notice thereof.

 

(5) The Master must revoke access to information contained in the register by a person in respect of whom the Chief Master has received a written notice referred to in subregulation (4)

 

[Regulation 3E inserted by section 2 of Notice No. R. 3240, GG48351, dated 31 March 2023 - effective 1 April 2023]