# Regulatory Compliance Category > General Regulatory Compliance Forum >  Proatia Manual

## Taxempt

Just received this email and thought I would share it with you.

As every single company in South Africa must have such a manual by 31 December this year, I thought that Id share this information with you.

Who must have a Proatia Manual?

1.	A sole practitioner;
2.	A partnership;
3.	Private companies and close corporations.

So, if you run a business you need a Proatia Manual!

4 Things you must put in your manual

1.	All the companys details: Postal address; telephone and fax numbers; and website address;
2.	All available records as required by legislations, e.g. the Companies Act requires a Fixed Asset Register.
3.	Request procedures, i.e. how a person must go about requesting information on your company; and
4.	Fees involved around the request, copies, postage, etc.

Who can compile a Proatia Manual?

Anyone can compile a Proatia Manual  you dont have to outsource this to your accountant or auditor - but the information officer must sign off on it and remain responsible for maintenance, updates and dealing with requests.

Your information officer must sign off your manual

A great source of confusion is about the information officer and who can be the information officer:
	If you run a sole proprietorship, you (or anyone you appoint) will be the information officer.

Example

Joe Soap runs his own graphic design business from home and he operates as a sole proprietor. He will be the information officer for his business or he can appoint his wife, Mary Soap, as the information officer. 
	If youre part of a partnership, you, your partner or anyone you appoint can be the information officer.

Example

Harry and Mark are partners in a law firm. The firm is run as a partnership. Either Harry or Mark can be the information officer for the firm. Alternatively, they can appoint a friend of theirs to be the information officer.
	If youre the CEO or managing director of a company, you (or someone you appoint) must be the information officer.

Example

Mary Stone runs a textile factory  Marys Textiles (Pty) Ltd. Because shes extremely busy, she doesnt have time to be the companys information officer. Mary appoints her companys financial director  Amy  to be the information officer for the company.

Whats going to happen to you if you dont have a Proatia Manual by 31 December?

Very simple: The information officer could find himself behind bars for the next two years.


I would appreciate it if you shared your thoughts on this.

EDIT: Proatia template document attached below:

----------

Blurock (21-Nov-11), Georgie1 (08-Dec-11), rfnel (08-Dec-11), wynn (22-Nov-11)

----------


## Blurock

Thank you for the good explanation. This sounds much more complicated than it really is. I think the word "manual" as used by SARS will put a mental block on most of us. :Stick Out Tongue: 

All businesses are required to keep proper records. All that is required now is to keep all the relevant information and documentation in one place and recorded in one document. Just open a file and put it in your safe or strong room for easy reference when required.

Whether this will be policed or enforced is another question.  :Roll Eyes (Sarcastic):

----------


## BusFact

> All businesses are required to keep proper records. All that is required now is to keep all the relevant information and documentation in one place and recorded in one document. Just open a file and put it in your safe or strong room for easy reference when required.


But don't you have to keep copies with the HRC too?

This is another bit of non-practical legislation. How can they possibly say that all trading sole proprietors must comply? Are they going to send Molly on the corner of our street to jail because she's selling sweets to pedestrians, and hasn't registered her PAIA manual? Yeah right.

Then I am a under the impression that this Act is being managed by the SAHRC. A quick trip to their website and I can't find any useful information on who must or  how one must comply or by when. Their FAQ page takes you to their home page and their links on their compliance page don't work.

There is so much confusion over this Act due to the Government continually changing its mind that I'll adopt a wait and see attitude.

----------


## Dave A

Aren't government departments supposed to have these Protia manuals too? I've been hunting around the SARS website and I can't find one  :Stick Out Tongue: 

ps. I used to know them as PAIA manuals.

----------


## Taxempt

Good day Dave,

I spoke to David Malesa @ SAHRC (011) 877-3627

PAIA manuals needs to be signed by the Information Officers and emailed/delivered to David Malesa @ dmalesa@sahrc.org.za

----------

Dave A (22-Nov-11), KimH (22-Nov-11)

----------


## IanF

Isn't there an exemption for small companies?

----------


## Taxempt

> Isn't there an exemption for small companies?


Not that I know of.

When I spoke to them this morning David said ALL entities that conduct trade should submit the PAIA document before 31st December.

----------


## Dissel

I got a similar one. They offer a template for R2000 that you can use for your small business. I am going to sit this one out and see what develops. I can't see govt policing this effectively so am not too concerned with the jail threat. Jails aren't big enough to hold all of us.

----------


## Dave A

> They offer a template for R2000 that you can use for your small business.


Do a search for _proatia manual_ and modify to suit.

Here's a link to one of mine - conveniently a .doc file so easy to modify. It was lodged and accepted by the SAHRC around 2004, so certainly was acceptable at the time.

 :Hmmm:  Scanning through it now, I probably need to update my Section 51(1)(d) info.

EDIT: For the record, Act 36 of 1947 is specific to the pest control industry, so most people can delete that one.

Maybe we should compile a list of the generic legislation currently applicable to most businesses.

----------

AndyD (23-Nov-11)

----------


## KimH

Thanks for the heads up on this Taxexempt.   :Wink: 

I worked into the wee hours of the morning and have now compiled my manual and uploaded same to my website.  Not sure if I am meant to wait for it to be approved before uploading - but it's there now all the same.  I am now going to forward the .pdf off to SAHRC and was wondering if there is some kind of fee that has to accompany my manual?  When it comes to our government there are usually fees attached :P

----------


## Taxempt

PM me your email.
David sent me an email with templates etc, as well as how to complete the document. I can forward it to you

----------


## Taxempt

I have sent the email to DaveA and KimH

Please free to shout and I will gladly email it to anyone else that would like a copy.

Hope it helps,
Marius

----------

KimH (23-Nov-11)

----------


## IanF

I see I did one years ago, I submitted it as well. Lets see if anyone reads it.

----------


## Taxempt

> I see I did one years ago, I submitted it as well. Lets see if anyone reads it.


Did your information officer get any requests for it?

----------


## KimH

Submitted *phew*  Taxexempt - thanks again for the info.

----------


## Taxempt

> Submitted *phew*  *Taxempt* - thanks again for the info.


Fixed  :Thumbup:

----------


## IanF

> Did your information officer get any requests for it?


No requests yet. I found the hard copy and it is full of dust.

----------


## Dave A

> Did your information officer get any requests for it?


Never been asked for it either.

----------


## JeremyV

Hi Marius,

Please can you send me those Proatia manual docs - biarlea@futurenet.co.za. Would be much appreciated!




> I have sent the email to DaveA and KimH
> 
> Please free to shout and I will gladly email it to anyone else that would like a copy.
> 
> Hope it helps,
> Marius

----------


## Taxempt

> Hi Marius,
> 
> Please can you send me those Proatia manual docs - biarlea@futurenet.co.za. Would be much appreciated!


The following message to <biarlea@futurenet.co.za> was undeliverable.
The reason for the problem:
5.1.0 - Unknown address error 550-'unknown user'

----------


## Varsha

Hi, 

Please mail the template to me as well, varsha@reddtile.co.za.

Many thanks.
Varsha

----------


## Taxempt

> Hi, 
> 
> Please mail the template to me as well, varsha@reddtile.co.za.
> 
> Many thanks.
> Varsha


I have sent it off.
Did you get the email?

----------


## lizzie5855

Hi

Please can you also email me the manual template. liz@slurrytech.co.za

You are saving us small business people, i was beginning to panic about this!

Thank you so much

Liz

----------


## MimiP

I would really appreciate it if you could send the templates etc. in connection with the Proatia Manual to me.

----------


## MimiP

Please send to me. mimi@cmind.co.za Thanks

----------


## Sharon Govender

Hi ,

Can someone please e-mail me a template for the proatia manual.

My e-mail is accounts@turn-tech.co.za

Many thanks
Sharon Govender

----------


## JeremyV

> Hi Marius,
> 
> Please can you send me those Proatia manual docs - biarlea@futurenet.co.za. Would be much appreciated!


Sorry- I put in the wrong e-mail address. idiot. 

Please could someone send me the manuals on briarlea@futurenet.co.za

Thanks!!

Jeremy

----------


## Taxempt

Sharon, Jeremy, Mimi
I have sent the manula off.
please confirm if you received it.
Regards,
Marius

----------


## Duncan

Marius,
I would be ever sdo greatfull if you can add me to your maiuling list in this one. duncan.cackett@gmail.com
Thanks
Duncan

----------


## Taxempt

Duncan,
I have emailed the docs to you.
Did you receive them?
Marius

----------


## Malcolm McKie

Hi, I did send in our company document years ago when this first came up but have no idea what ever happened to it and cannot find the originals. Is there anywhere where one can look up if the Dept does still have that in their records?

Anyway assuming I need to start all over again could someone please email the new template to me at malcolm@leopardlodge.co.za.

many thanks,
Malcolm

----------


## Taxempt

Good day Malcolm,
I have forwarded you the email.

The contact person is David Malesa - (011) 877-3678/dmalesa@sahrc.org.za

----------

Dissel (02-Dec-11)

----------


## Taxempt

> Aren't government departments supposed to have these Protia manuals too? I've been hunting around the SARS website and I can't find one 
> 
> ps. I used to know them as PAIA manuals.


Dave,
Is there a possibility you can make the info I emailed you available on this website?

Regards,
Marius

----------

Dave A (01-Dec-11)

----------


## Dave A

Sure. I was just waiting for the go ahead  :Wink: 

I'll attend to it in the morning - it's on my office pc.

----------

Blurock (30-Nov-11), Dissel (02-Dec-11)

----------


## Blurock

There appears to be a substantial demand for this manual and it will be good to share it with members. :Big Grin: 

Ironic that the State requires business to be open and transparent (to which I agree) but the ruling party wants to curb the access to information for ordinary citizens. :Censored: 

We have the right to information. We must fight this bill at all costs. You only demand secrecy if you have something to hide. What does the ANC government have to hide? Is it the arms deal? Is it corruption? Or is it even worse than that? According to our constitution we have a right to know! :Hmmm:

----------


## Dave A

I have attached the template (with some modifications to keep it generic) to the first post in the thread.

If you want it, go to the first page in this thread or click here.

My thanks to Marius aka Taxempt for making this available for all.

----------

KimH (01-Dec-11)

----------


## Dissel

I have downloaded the template. Many thanks to Taxempt and Dave A

----------


## SARS

MARIUS

I HEAR THE CLOSING DATE FOR THE MANUAL IS 31 DECEMBER, CAN YOU PLEASE SEND ME A  COPY OF THE TEMPLATE

BAIE DANKIE!

E-MAIL : XMANELE@GMAIL.COM

----------


## Taxempt

> MARIUS
> 
> I HEAR THE CLOSING DATE FOR THE MANUAL IS 31 DECEMBER, CAN YOU PLEASE SEND ME A  COPY OF THE TEMPLATE
> 
> BAIE DANKIE!
> 
> E-MAIL : XMANELE@GMAIL.COM


It is available on Page 1.

I like your name, but  think someone else likes it more. Dave A?

----------


## Dave A

:Hmmm:  SARS *is* a 4 letter word in many people's personal dictionary...  :Stick Out Tongue:

----------


## Citizen X

Thank you ,yes lots of interesting rules, regulations, policy and procedures to comply with going forward. This is especially true with the new companies act 71 of 2008.

----------


## Taxempt

> Thank you ,yes lots of interesting rules, regulations, policy and procedures to comply with going forward. This is especially true with the new companies act 71 of 2008.


Good morning Viny,
I agree completely. At all times we need to know what is changing with legislation and how it affects us. That is why a forum like this is such a must have for sharing information.

----------


## Malcolm McKie

Many thanks for your assistance and guidance in this matter. I see that a manual is also required for a Trust company. Any ideas or suggestions as to how the manual for a trust would differ to that of a (PTY)Ltd company? 

Regards,

Malcolm

----------


## Dave A

> Any ideas or suggestions as to how the manual for a trust would differ to that of a (PTY)Ltd company?


You could lose the companies act and close corporation act for starters.

It's really about figuring out which legislation is applicable to the business.

----------


## SARS

> SARS *is* a 4 letter word in many people's personal dictionary...


THANK YOU MARIUS

ACUTUALLY DAVE , THE SARS NAME RE FERERES TO A virulently infectious disease originating . 
I Apologies for any misconception or fouls hope I may have caused, I will update my profile with a more REALISISTIC depiction.  :Stick Out Tongue:

----------


## Dave A

> I will update my profile with a more REALISISTIC depiction.


I wouldn't sweat it  :Wink:

----------


## Georgie1

Hi Marius
Thank you for the information regarding this maunual. Could please email the template to me georgina.s@gmx.com. I would really appreciate it. 
Thanks 
Georgie

----------


## Dave A

Georgie, to save Marius the trouble of emailing everyone this template, it has been attached to the first post in this thread so that anyone who needs it can download it.

----------

Georgie1 (08-Dec-11)

----------


## N.Nzuza

Hi Marius,
Could you please email me to the proatia manual template, i would really appreciate it. mpumie@bandsa.co.za
Thank you
Nzuza

----------


## AppleBruceT

Thank you so much for posting the forms online for us all. My bookkeeper was asking a small fortune to do this for my company and host it for an annual fee. Now I am able to do it myself and post a notification that my Proatia manual is available on request on my site.
1 question I have when reviewing the downloaded document  .... are there any fees payable to "The contact person is David Malesa - (011) 877-3678/dmalesa@sahrc.org.za"
Thanks again, because of this forum I can have some spare xmas cash and not further enrich accountants.

----------


## Taxempt

> 1 question I have when reviewing the downloaded document  .... are there any fees payable to "The contact person is David Malesa - (011) 877-3678/dmalesa@sahrc.org.za"


NO
If David Maesa asks any money he should be reported.

As far as I understand he is the contact person. All PAIA/PROATIA manuals must be submitted to him.

I have, in the last month or so, submitted over 300 reports to him. all he needed was that they are signed by the information officer. He even sent me emails back to acknowledge receipt.

----------


## MadJan

Done, sent.... :-)

----------


## AppleBruceT

Done, sent and electronically signed. Simple.

----------


## AppleBruceT

Oops. Davids mailbox is full. Haha! Snowed by deadliners trying to mail him. Gotta love it!

----------


## MimiP

I received the manual on Friday 9 Dec.  Our Telkom lines were stolen AGAIN on the 28th of Nov. and only repaired on Friday!  Thanks for your info.
Regards
Mimi

----------


## SilverNodashi

Can anyone tell me if I actually need to have hard copies of everything, or would a digital copy be good enough?

----------


## Dave A

Keep it digital and only print it if someone asks for hard copy (highly unlikely).

----------


## pietpetoors

Here is somebody who saw an opportunity. For R199.00 they will do ti online for you. http://www.accesstoinfo.co.za/

----------


## SilverNodashi

> Keep it digital and only print it if someone asks for hard copy (highly unlikely).


Thanx Dave, 

How do I find out which of those laws / regulations are applicable to the internet / hosting industry?

----------


## IanF

Redone and sent. I signed it and scanned it. 
I can't see how this is applicable to a small business, but done.
Do we need to have it on the website?

----------


## Dave A

> How do I find out which of those laws / regulations are applicable to the internet / hosting industry?


I'm going to give a generic answer to try to help anyone from any industry.

I suggest scan through the Acts published on Acts Online to see if anything rings a bell or seems relevant.

Then consider anything you *have* to do or register for/with for your specific industry, then use Google to try to hunt down the legislation applicable.

After that, I'd "publish and be damned". If anyone ever comes back to you and says "but you should have listed Act x of Y because you do Z", bat your eyelids, say thanks for the info, and update your manual.




> Do we need to have it on the website?


I can't see a downside to putting it on your website.

----------


## Cin8

hi, how do I know if a person has submitted this manual? I've no idea if this was in fact done in my company :Confused: Any help will be greatly appreciated :Embarrassment:

----------


## Taxempt

> hi, how do I know if a person has submitted this manual? I've no idea if this was in fact done in my companyAny help will be greatly appreciated


David Malesa's contact details have been made available here.
The first step would be to contact him

----------


## Marq

This issue is coming round again with the exemption date expiring on 31 December 2015.

Anybody have an update as to whether this is actually going to happen this time?

----------


## Dave A

> Anybody have an update as to whether this is actually going to happen this time?


As in finally the FINAL final deadline?

Absolutely!
Maybe.

----------

Marq (23-Oct-15)

----------


## SilverNodashi

Can we do this ourselves? Or do we have to pay an accountant todo it?

----------


## Marq

No problem doing it yourself.

----------

