ANTI-MONEY LAUNDERING LEGISLATION DOCUMENTATION REQUIREMENTS

Transcription

1 ANTI-MONEY LAUNDERING LEGISLATION DOCUMENTATION REQUIREMENTS The Financial Intelligence Centre Act, 2001 ( FICA ), bliges Link Investr Services ( LIS ) t identify and verify client details. We are als required t cmply with Strate Directive SA.4 which requires clients t prvide banking details in their wn name and these details shuld be verified by the bank. Individual an riginal certified cpy f yur identity dcument; an riginal certified cpy f yur prf f residential address e.g. rates accunt, electricity r telephne bill (nt a mbile telephne accunt) bearing yur name and current residential address dated within the preceding 3 mnths t verify yur physical address details; an riginal certified cpy f yur bank statement dated within the preceding 3 mnths (nt an internet bank statement r cancelled cheque) t verify yur bank accunt details. Alternatively, we will accept a signed and stamped letter frm yur bankers n a letterhead cnfirming yur It is imprtant t nte that we may nt accept third party Pwer f Attrney an riginal certified cpy f the Pwer f Attrney; an riginal certified cpy f the identity dcument f the registered sharehlder; an riginal certified cpy f yur (the agent s) identity dcument; an riginal certified cpy f a service bill e.g. rates accunt/electricity bill r telephne bill (nt a mbile telephne accunt) bearing the sharehlder s name and current residential address dated within the preceding 3 mnths in rder t verify the physical address details; where the agent is an attrney r an institutin, the agent s letterhead in rder t verify their physical address. Alternatively we will require a service bill reflecting yur (the agent s) name and residential address dated within the preceding 3 mnths in rder t verify yur (the agent s) address; an riginal certified cpy f the bank statement dated within the preceding 3 mnths (nt an internet statement r a cancelled cheque) t verify the sharehlder s bank accunt details. Alternatively, we will accept a signed and stamped letter frm the bank cnfirming the sharehlder s bank accunt details. Please nte that we may nt accept third party Minrs written cnfirmatin frm the natural guardian, stating the capacity in which he/she is signing r in the case f a legal guardian attach a certified cpy f the Letters f Guardianship; an riginal certified cpy f the birth certificate f the minr; an riginal certified cpy f the identity dcument f the guardian; an riginal certified cpy f yur service bill e.g. rates accunt/electricity bill r telephne bill (nt a mbile telephne accunt) bearing yur name (the guardian s) and current residential address dated within the preceding 3 mnths in rder t verify yur physical address details; and [1]

2 an riginal certified cpy f a bank statement dated within the preceding 3 mnths (nt an internet statement r a cancelled cheque) in rder t verify the minr s bank accunt details. Alternatively, we will accept a signed and stamped letter frm the bank cnfirming the minr s bank accunt details. Please nte that the bank accunt is t be in the name f the minr. Deceased Sharehlder an riginal certified cpy f the executr(s) identity dcument(s); an riginal certified cpy f the Letters f Executrship r Letters f Authrity; an riginal certified cpy f the Death Certificate; an instructin n the executr s letterhead advising f the death f the sharehlder and requesting that we update ur recrds accrdingly. If the estate is nt being administered by an attrney r an institutin, then we will require a service bill reflecting the residential address in rder t verify the physical address f the executr/executrix; and an riginal certified cpy f the deceased estate s bank statement dated within the preceding 3 mnths (nt an internet bank statement r cancelled cheque) t verify the bank accunt details. Alternatively, we will accept a signed and stamped letter frm yur bankers cnfirming the estate s bank accunt details. Please nte that the bank accunt must be in the name f the estate. Sharehlder under curatrship/liquidatin any frms r instructins must be signed by the administratr appinted by the Master f the High Curt; an riginal certified cpy f the Letters f Appintment; an riginal certified cpy f yur (the administratr s) identity dcument; an riginal certified cpy f the sharehlder s identity dcument; where the administratr is an attrney r an institutin, the administratr s letterhead in rder t verify their physical address. Alternatively if yu (the administratr) are an individual then we will require an riginal certified cpy f a service bill reflecting yur residential address dated within the preceding 3 mnths in rder t verify yur address; and an riginal certified cpy f the bank statement dated within the preceding 3 mnths t verify the bank accunt details. Alternatively, we will accept a signed and stamped letter frm yur bankers cnfirming the bank accunt details. Pensin Funds, Prvident Funds and Retirement Annuity Funds Pensin Funds, Prvident Funds and Retirement Annuity Funds are exempt in terms f the FICA Requirements. Link Investr Services will hwever require cnfirmatin f the authrised signatries/trustees and prf f their authrity t act n behalf f the fund. In additin yu still need t cmply with the Strate Directive SA.4 requirements. Please prvide the fllwing: an riginal certified cpy f the Certificate f Registratin issued by the Registrar f Pensin Funds; an riginal certified cpy f a bard minute/reslutin detailing persns authrised t act n behalf f the Pensin Fund, Prvident Fund r Retirement Annuity Fund. Please appint a principal trustee/fficer t act n behalf f the fund fr share dealing purpses; a list f authrised signatries/trustees tgether with specimen signatures n a cmpany letterhead; [2]

3 riginal certified cpies f the identity dcuments f the authrised signatries/trustees; and an riginal certified cpy f the bank statement t verify the fund s bank accunt details. Alternatively, we will accept a signed and stamped letter frm the bank cnfirming the fund s bank accunt details. Please nte that third party banking details will nt be accepted. Unlisted Cmpanies, Clse Crpratins and Other Legal Entities an riginal certified cpy f a bard minute/reslutin detailing persns authrised t act n behalf f the cmpany/clse crpratin/legal entity. Please appint a principal cmpany fficer/member t act n behalf f the cmpany/clse crpratin/legal entity fr share dealing purpses. a list f authrised signatries tgether with specimen signatures n a cmpany letterhead; an riginal certified cpy f: Cmpanies: Certificate f Incrpratin, Certificate f change f name f cmpany (if applicable), Ntice f Registered Office and Pstal Address and Cntents f Register f Directrs, Auditrs and Officers; Clse Crpratins: Funding Statement and Certificate f Incrpratin and amended Funding Statement (if applicable); and Other legal entities: the Cnstitutin r ther funding dcumentatin and written cnfirmatin f the residential address and cntact particulars f persn(s) authrised t act n behalf f the legal entity; cntact particulars fr authrised persns (n verificatin dcumentatin required); riginal certified cpies f the identity dcuments f the authrised signatries and CEO; an riginal certified cpy f a service bill (e.g. rates accunt/electricity bill r telephne bill) bearing the business name and current physical address dated within the preceding 3 mnths in rder t verify the trade name and physical business address details; an riginal certified cpy f a dcument issued by SARS t verify the business tax number and VAT number (where ne has been issued). If a tax number/vat number has nt been issued, please cnfirm this in writing; an riginal certified cpy f the fllwing dcumentatin fr any sharehlder wh hlds mre than 25% f the vting rights f the investr cmpany: Individual: identity dcument (SA Residents)/passprt (Nn-Residents) Cmpanies: Certificate f Incrpratin, Certificate f change f name f cmpany (if applicable), Ntice f Registered Office and Pstal Address and Cntents f Register f Directrs, Auditrs and Officers; Clse Crpratins: Funding Statement and Certificate f Incrpratin and amended Funding Statement (if applicable); Other legal entities: the Cnstitutin r ther funding dcumentatin and written cnfirmatin f the residential address and cntact particulars f persn(s) authrised t act n behalf f the legal entity; Trust: Trust Deed and Letter f Authrity issued by the Master f the High Curt. cntact particulars fr any sharehlder wh hlds mre than 25% f the vting rights f the cmpany n verificatin dcumentatin required; and an riginal certified cpy f the bank statement t verify the business bank accunt details. Alternatively we will accept a signed and stamped letter frm yur bankers n a letterhead cnfirming the business bank accunt details. Please nte that we may nt accept third party Unlisted Freign Cmpanies [3]

4 Same r lcal equivalent f dcumentatin referred t abve fr unlisted Suth African cmpany. We are, hwever, required t verify the registered name/number/address and trade name/physical address under which the cmpany cnducts business in Suth Africa and in the cuntry f incrpratin. If an unlisted cmpany has multiple ffices, the physical business address f its head ffice and the registered sharehlder is required. We require written cnfirmatin f the residential address and cntact particulars f persns authrised t act n behalf f the cmpany and the CEO n verificatin dcumentatin required. Listed Freign and Suth African Cmpanies A listed cmpany is defined as a limited cmpany whse shares are quted n a recgnized stck exchange (refer t ur website fr a list f recgnized stck exchanges). Link investr Services is exempted frm verifying certain infrmatin fr public listed cmpanies. This als applies t whlly-wned subsidiaries f the listed cmpany. We require written cnfirmatin f the registered name, registratin number and physical address (n verificatin dcumentatin required). If the listed cmpany has multiple ffices, we require the physical business address f the head ffice and the registered investr cmpany. riginal print-ut frm the exchange s website r extract frm the JSE Handbk cnfirming listing; riginal certified cpy f the grup structure in the annual financial statements r print-ut frm stck exchange website t prve the link between the listed cmpany and subsidiary fr whlly-wned subsidiaries (where applicable); an riginal certified cpy f a bard minute/reslutin detailing persns authrised t act n behalf f the cmpany. Please appint a principal cmpany fficer fr share dealing purpses. riginal certified cpies f identity dcuments/passprts fr the authrised signatries/persns f freign listed cmpanies; riginal certified cpy f the bank statement t verify the business bank accunt details. Alternatively, we will accept a signed and stamped letter frm yur bankers n a letterhead cnfirming the business bank accunt details. Please nte that we may nt accept third party Inter Vivs Trusts (Nte: Only registered trusts) Any frm r instructin must be signed r given by the authrised principal trustee: an riginal certified cpy f the Letters f Authrity issued by the Master f the High Curt; the Trust Deed r ther funding dcuments; an riginal certified cpy f the trustee reslutin/pwer f attrney signed by all the trustees authrising yu t act n behalf f the trust; a list f persns/trustees wh are authrised t act n behalf f the trust tgether with specimen signatures; riginal certified cpies f the identity dcuments fr all the trustees; the funder f the trust and the beneficiaries f the trust; written cnfirmatin r a service bill e.g. rates accunt/electricity bill r telephne bill in rder t verify the residential address f the: authrised trustees; the funder f the trust; and the beneficiaries f the trust. [4]

5 cntact particulars fr the trustees, funder f the trust and beneficiaries f the trust n verificatin dcumentatin required. an riginal certified cpy f the Trust s bank statement t verify the bank accunt details. Alternatively, we will accept a signed and stamped letter frm yur bankers n a letterhead cnfirming yur Please nte that the bank accunt must be in the name f the Trust. Testamentary Trusts (Nte: Only registered trusts) Testamentary Trusts are exempt in terms f the FICA Requirements. Link Investr Services will, hwever, require cnfirmatin f the authrised trustees and prf f their authrity t act n behalf f the trust in terms f Strate Directive SA.4 Any frm r instructin must be signed r given by the authrised principal trustee; an riginal certified cpy f the trustee reslutin/pwer f attrney signed by all the trustees authrising yu t act n behalf f the trust; a list f persns/trustees wh are authrised t act n behalf f the trust tgether with specimen signatures; an riginal certified cpy f the Letters f Authrity issued by the Master f the High Curt and the Trust Deed; riginal certified cpies f the identity dcuments fr all the trustees; an riginal certified cpy f the Trust s bank statement t verify the bank accunt details. Alternatively, we will accept a signed and stamped letter frm yur bankers n a letterhead cnfirming yur Please nte that the bank accunt must be in the name f the Trust. If yu are unable t prvide any f the abve dcuments, please cntact the Link Investr Services n fr alternative acceptable dcumentatin. [5]