Circular 52 – Can the Managing Agent now be the Information Officer?
Dear Managing Agents
We recently communicated with you, as to whether the Managing Agent, could or couldn’t be, the Information Officer of a scheme, in respect of the POPIA and the PAIA.
The attached circular dated 9 July 2021 by CSOS confirms that the CSOS met with the Information Regulator on 7 July 2021.
Unfortunately, paragraph 2 of the circular, which contains the Regulator’s advice, does not confirm that an employee of the Managing Agent, can be the Information Officer of a scheme.
Be that as it may, CSOS has come to the conclusion, in paragraph 3.1 of the circular, that an employee of the Managing Agent, can be the Information Officer of a scheme.
Based on the above, it is up to each Managing Agent and scheme, to decide whether to rely on paragraph 3.1 of the attached circular, or not.
Please bear in mind the guidance note, issued by the Regulator on 1 April 2021, attached hereto, where the Regulator states in paragraph 5.9, that the Information Officer should be a person at management or executive level.
Our offices are preparing an agreement to be signed between the scheme and the Information Officer. We will revert shortly in this regard.
