1 First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRP20).

Transcription

1 First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRP0).

2 Contents Introduction ) Companies ) Close Corporations and Co-operatives ) Partnerships/Joint Ventures ) Sole Proprietor/Asylum Seeker/Refugee 5) Other Entities 6) Trusts 7) Pension Funds and Deceased Estates 8) SA Government Body 9) Schools 0) Proof of Address Contact us

3 Introduction Note that this document is merely a quick, abbreviated Guide of the documents required to fulfil the KYC requirements, and is not a policy document. It does not replace the bank s KYC and FICA policies and practices, nor does it deal with money laundering in general, Politically Exposed Persons (PEPs), enhanced due diligence or source of funds. You need to ensure that you comply with the bank s policies in respect of PEPs, sanctions, enhanced due diligence and source of funds. Documentary Requirements: The documentary requirements for each person/entity type are contained in the various sections. You must ensure that the documentary evidence you provide corresponds to, and is proof of, the information you have provided. In this Guide, proof means documentary proof (which could be in paper or electronic format), not merely providing information. Address: See acceptable documents for proof of physical operating/registered address in the final section of this document. Sureties and Security Providers: Sureties and security providers will be KYC d when the suretyship/security is signed. You must provide the address of the surety/security provider, BUT NO document is needed as proof of address of the surety/ security provider. Related parties of the surety/security provider do not have to be KYC d. Related Parties: If your business requires related party forms, you need to provide those forms as well. You need to provide the contact details of all related parties (even if the Guide does not specifically call for it), but you DO NOT need to submit documents to verify their contact details, unless the Guide states otherwise. Authority: If a person is representing you or acting on your authority, the following examples can be used as proof of authority: Power of attorney Mandate Resolution by the business authorised signatories/board/ governing body Court order Face-to-Face: Only original documents, or copies that have been originally signed and certified by an FNB staff member as copies of the original, will be acceptable. ID Documents: Whenever this Guide calls for ID documents, it refers to: Your green bar-coded ID document or Smart Card ID if you are a citizen of, or residing in, the Republic of South Africa Red -digit ID book for refugees If you do not have a green bar-coded ID book or a Smart Card ID, then () provide a letter why you do not have an ID/ Smart Card and () provide your passport or valid, unexpired SA driver s licence 5 6

4 Companies

5 5 6 Post-May 0 Company Documents: Any one of: CIPC Certificate of Confirmation; Registration Certificate (CoR.); or CoR8() [if converted from a CC to a company] Notice of Incorporation (CoR.) MOI (CoR5.A or 5.B) [only if RF company or Inc company] MOI (CoR5.C or 5.D or 5.E) [only if RF non-profit company] Certificate of Director Amendments (CoR9) [if applicable] Company Name Change: CoR5. or CoR. with CoR9 (if applicable) Proof of operating address (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) A mandate form (validated by minutes or resolution) must be signed by all directors or authorised representatives, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the company s behalf Voting rights: Letter from the company s accountant/auditor/ company secretary/director/authorised representative confirming the names of those holding 5% or more of the company s voting rights at general meetings; or Related party form completed by a bank official containing % voting rights at general meetings 9 0

6 5 Pre-May 0 Company Documents: Any one of: CIPC Certificate of Confirmation; Certificate of Incorporation (CM); or CM for Section non-profit company Certificate of Name Change (CM9) [if applicable] Change of Directors (CM9) [if applicable] Notice of registered office and postal address (CM) [if address is not on the above CIPC Certificates] Proof of operating address (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) 6 7 A mandate form (validated by minutes or resolution) must be signed by all directors or authorised representatives, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the company s behalf Voting rights: Letter from the company s accountant/auditor/ company secretary/director/authorised representative confirming the names of those holding 5% or more of the company s voting rights at general meetings; or Related party form completed by bank official containing % voting rights at general meetings Note: A non-profit company has no shareholders

7 Foreign Company Registered in SA Documents: Foreign Company Not Registered in SA Documents: Any one of: CIPC Certificate of Confirmation; Registration Certificate (CoR7.) of foreign company transferring its registration to SA from the foreign jurisdiction; or Registration Certificate (CoR0.) [external company that has registration in foreign jurisdiction but conducts business in SA] Proof of operating address in SA (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) A mandate form (validated by minutes or resolution) must be signed by all directors or authorised representatives, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the company s behalf Voting rights: Letter from the company s accountant/auditor/ company secretary/director/authorised representative, confirming the names of those holding 5% or more of the company s voting rights at general meetings; or Related party form completed by a bank official containing % voting rights at general meetings Official document issued by appropriate foreign government authority that provides (If it is in a foreign language it must be translated): Company s incorporation Registered name Registration number Registered address where company is situated for purpose of its incorporation Name under which company conducts business in country of incorporation Head office address and operating address in foreign country Proof of operating address in SA (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) A mandate form (validated by minutes or resolution) must be signed by all directors or authorised representatives, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the company s behalf Voting rights: Letter from the company s accountant/auditor/ company secretary/director/authorised representative, confirming the names of those holding 5% or more of the company s voting rights at general meetings; or Related party form completed by a bank official containing % voting rights at general meetings

8 Company Related Party Documents: Individual holding 5% or more of voting rights at general meetings and for manager/ceo and mandate holder/representative: ID document for individual, and provide address and contact details Trust: Document creating trust and Letter of Authority ID document and proof of residential address of all trustees Any other type of entity: Founding document, constitution or bi-lateral agreement, and provide address and contact details If the following entity/entities hold/s 5% or more voting rights at general meetings in the company: Partnership: Partnership agreement/joint venture agreement, and provide address and contact details CC: CIPC Certificate of Confirmation or CK() or CK(), and provide address and contact details Company: CIPC Certificate of Confirmation or CM or CoR. or CoR., and provide address and contact details Co-Operative: Co-operative CR0 and CR, and provide address and contact details Public Listed Company Documents (Local and Foreign): To verify that the company is listed on a relevant, recognised stock/securities exchange, you need to provide documentation confirming this. This must include information regarding the listing status of the company on a recognised stock exchange Provide the operating address (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) and contact details A mandate form (validated by minutes or resolution) must be signed by all person/s appointed by the board, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the company s behalf 5 6

9 Company in Liquidation/Business Rescue Practitioners/ Judicial Managers/Curators: Note: For all liquidators, business rescue practitioners, judicial managers and curators, you must provide () addresses and () contact details, but no documents are required to verify these addresses or contact details. We will also need to KYC the entity itself under judicial management/liquidation/ business rescue/curatorship Judicial Management: Judicial Management Order Certificate of Appointment of the judicial manager Liquidation: Liquidation Order/resolution for voluntary liquidation Letter of Appointment as liquidator by the Master of the High Court A mandate form (resolution) must be signed by all appointed liquidator/s, indicating the authority of all person/s authorised to establish a business relationship or enter into a single transaction with the bank on the entity/ liquidator s behalf ID document of the appointed liquidator and mandate holders/representatives A mandate form (resolution) must be signed by all appointed judicial manager/s, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the entity/ judicial manager s behalf ID document of the appointed judicial manager/s and mandate holders/representatives 7 8

10 Business Rescue: Curator: Any of: Court Order placing company/cc in business rescue; or Board/Member resolution placing company/cc in business rescue (CoR.) Certificate of the Business Rescue Practitioner Licence (CoR6.) Proof of appointment as business rescue practitioner for the particular company/cc A mandate form (resolution) must be signed by all appointed business rescue practitioner/s, indicating the authority of all person/s authorised to establish a business relationship or enter into a single transaction with the bank on the entity/business rescue practitioner s behalf Any of: Court Order placing company under curatorship; or Proof from regulator placing company under curatorship Certificate of Appointment of the curator A mandate form (resolution) must be signed by all appointed curator/s, indicating the authority of all person/s authorised to establish a business relationship or enter into a single transaction with the bank on the entity/ curator s behalf ID document of the appointed curator and mandate holders/representatives 5 ID document of the appointed business rescue practitioner and mandate holders/representatives 9 0

11 Close Corporations and Co-operatives

12 Close Corporations Close Corporation Documents: Any one of: CIPC Certificate of Confirmation; or Founding statement (CK) [most recent version] Amended founding statement (CK) [only applies if there has been an amendment to CK] Close Corporation Related Party Documents: If member of CC and mandate holder/representative is an individual: ID document, and provide address and contact details If member of CC and mandate holder/representative is a trust: Document creating trust and Letter of Authority ID document and proof of address of all trustees, verified with documentary proof Proof of operating address (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) A mandate form (resolution) must be signed by all members, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the Close Corporation s behalf

13 Co-operatives 5 6 Co-operative Documents: Certificate of Registration of Co-operative (CR0) Certificate of Name Change (CR or CR) [if applicable] Constitution (CR) stamped and signed by the Registrar indicating the registered address of the Co-operative Proof of operating address (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) Voting rights: Letter from Co-operative s accountant/auditor/ director/authorised representative confirming the names of those holding 5% or more of the Co-operative s voting rights at general meetings; or Related party form completed by a bank official containing % voting rights at general meetings A mandate form (validated by minutes or resolution) must be signed by all directors/authorised persons, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the Co-operative s behalf Co-operative Related Party Documents: Individual holding 5% or more of voting rights at general meetings and for manager/ceo and mandate holders/ representatives: ID document for individual, and provide address and contact details If the following entity/entities hold/s 5% or more voting rights at general meetings in the Co-operative: Partnership: Partnership agreement/joint venture agreement, and provide address and contact details CC: CK() or CK(), and provide address and contact details Company: CIPC Certificate of Confirmation or CM or CoR. or CoR., and provide address and contact details Co-operative: Co-operative CR0 and CR, and provide address and contact details Trust: Document creating trust and Letter of Authority ID document and proof of residential address of all trustees Any other type of entity: Founding document, constitution or bi-lateral agreement, and provide address and contact details 5 6

14 Partnerships/ Joint Ventures

15 Partnership Documents: Partnership agreement/joint venture agreement listing all partners in the partnership (natural, juristic and silent partners) Note: If there is no formal partnership agreement in existence, a letter must be provided by the partnership confirming that no written agreement exists, identifying the business name and operating address of the partnership as well as the full names of all partners (natural, juristic and silent partners) Proof of operating address (In the case of multiple operating addresses, provide proof of address of the office seeking the business relationship, and that of the head office) A mandate form (resolution) must be signed indicating the authority of all person/s authorised to establish a business relationship or enter into a single transaction with the bank on the partnership s behalf Note: Joint Ventures (JV) are treated as partnerships. If JV is conducted as a company, then JV will be KYC d as a company) Partnership Related Party Documents: Individuals (All partners and mandate holders/ representatives): ID document for individual, and provide address and contact details If the entity is a: Partnership: Partnership agreement/joint venture agreement, and provide address and contact details CC: CIPC Certificate of Confirmation or CK() or CK(), and provide address and contact details Company: CIPC Certificate of Confirmation or CM or CoR. or CoR., and provide address and contact details Co-operative: Co-operative CR0 and CR, and provide address and contact details Trust: Document creating trust and Letter of Authority ID document and proof of residential address of all trustees Any other type of entity: Founding document, constitution or bi-lateral agreement, and provide address and contact details 9 0

16 Sole Proprietor/ Asylum Seeker/ Refugee

17 Note: Provide contact details for these persons as well as for mandate holders/representatives Sole Proprietor Documents for SA Citizen/Resident: ID document Proof of operating address If you appoint a third person, a mandate form (resolution) must be signed. This must indicate the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on your behalf ID document of mandate holders/representatives Sole Proprietor Documents for Citizens of Other Countries not Residing in SA: Passport Proof of operating address in SA If you appoint a third person, a mandate form (resolution) must be signed. This must indicate the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on your behalf ID document of mandate holders/representatives

18 Note: Asylum seekers may not open new accounts Asylum Seeker Documents (Sole Proprietor): Valid Section permit Validation of permit details from the Department of Home Affairs Proof of operating address ID document of mandate holders/representatives Note: Refugees may not open new accounts unless you are able to provide a red -digit ID book Refugee Documents (Sole Proprietor): Valid Section permit or red -digit ID book Validation of permit details from the Department of Home Affairs Proof of operating address ID document of mandate holders/representatives 5 6

19 Diplomat Documents: 5 Letter of Appointment from the Department of Foreign Affairs requested by you, or we will access the DFA website to print the relevant pages as proof that the embassy has been registered with the Department of Foreign Affairs Passport Visa Letter on the embassy letterhead, signed by the relevant Head of Mission, instructing us to open the account and appoint signatories. We will verify the position and level of authority of the diplomat signing the documents with reference to the Department of Foreign Affairs website ID document of mandate holders/representatives 7 8

20 Other Entities

21 Other Entities (Legal Persons) Other Entity Documents: Constitution or founding document reflecting its name Proof of operating address of the entity Legal form in respect of charities and entities subject to statutory licensing and regulation: If a charity is required to be registered, provide proof of registration; or If a charity states that it is not required to be registered, the relevant authority must confirm its status A mandate form (validated by the minutes or resolution) must be signed by the governing body, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the entity s behalf Stokvel Stokvel Related Party Documents: Stokvel Documents: Stokvel Constitution reflecting its name Proof of operating address of the Stokvel A mandate form (validated by the minutes or resolution) must be signed by the chairperson, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the Stokvel s behalf ID document for mandate holders/representatives, and provide address and contact details Other Entity Related Party Documents: ID document for mandate holders/representatives, and provide address and contact details

22 Friendly Society Foundation Friendly Society Documents: Foundation Documents: Society Constitution Rules reflecting its name Proof of registration Proof of operating address of the Friendly Society Any of: Bi-lateral agreement, such as the contract between the founder and the administrator; or Founding statement (either CoR5.A or B is applicable) A mandate form (validated by the minutes or resolution) must be signed by the chairperson, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the Society s behalf Friendly Society Related Party Documents: ID document for mandate holders/representatives, and provide address and contact details Legal form in respect of charities and entities subject to statutory licensing and regulation: If a charity is required to be registered, provide proof of registration; or If a charity states that it is not required to be registered, the relevant authority must confirm its status A mandate form (validated by the minutes or resolution) must be signed by the chairperson, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the Foundation s behalf Foundation Related Party Documents: ID document for mandate holders/representatives, and provide address and contact details

23 Trusts

24 Trust Documents: Trust Related Party Documents: 5 6 Document creating the trust any of: Trust deed; Will and Testament; or Founding document Letter of Authority/Appointment (bearing Master s stamp) given by the Master of High Court. If trust was established before 985 and if there is no Letter of Authority/ Appointment, provide a trust deed stamped by the Master of High Court Amended Letter of Authority given by the Master of High Court If the trust was created outside SA, instead of above three documents, provide official foreign document/s (containing above information) issued by the foreign government body that oversees trust laws Address of Master where trust is registered (reflected on Letter of Authority/Appointment by Master) A mandate form (validated by the minutes or resolution) must be signed by all of the trustees, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the trust s behalf Individuals (All trustees, named beneficiaries and founders) and mandate holders/representatives: ID document for individual, and provide address and contact details Proof of residential address if individual is a trustee If trustee, beneficiary, founder is: Partnership: Partnership agreement/joint venture agreement, and provide address and contact details Proof of address if partnership is a trustee CC: CIPC Certificate of Confirmation, CK() or CK(), and provide address and contact details Proof of address if CC is a trustee Company: CIPC Certificate of Confirmation, CM, CoR. or CoR., and provide address and contact details Proof of address if company is a trustee 7 8

25 Co-operative: Co-operative CR0 and CR, and provide address and contact details Proof of address if Co-operative is a trustee Trust: Document creating trust and Letter of Authority ID document and proof of residential address of all trustees Any other type of entity: Founding document, constitution or bi-lateral agreement, and provide address and contact details Proof of address if entity is a trustee Note: If the founder/beneficiary has died or no longer exists, provide a certified copy of the death certificate or a declaration from the trustees if they are unable to produce a death certificate. If the founder/beneficiary (juristic entity) no longer exists, provide documents (eg, CIPC confirmation), or if such documents cannot be provided, then provide a declaration from the trustees that the entity no longer exists and that you cannot produce other proof that the entity no longer exists. 9 50

26 Pension Funds and Deceased Estates

27 Pension/Provident Funds Deceased Estates Estate Documents: Pension/Provident Documents: The Scheme/Fund Constitution reflecting its name A mandate form (validated by the minutes or resolution) must be signed by the authorised person, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the Scheme/Fund s behalf Proof of operating address of the Scheme/Fund Pension/Provident Related Party Documents: Letter of Appointment as executor issued by the Master of High Court or Section 8() certificate issued by the Master of High Court Death certificate A mandate form (validated by the minutes or resolution) must be signed by the executor/administrator, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the executor s behalf ID document, and provide address and contact details of mandate holders/representatives ID document for mandate holders/representatives, and provide address and contact details 5 5

28 Deceased Estate Related Party Documents: If the executor/administrator is: Individual: ID document and proof of residential address for individual, and provide contact details Partnership: Partnership agreement/joint venture agreement, and provide address and contact details CC: CIPC Certificate of Confirmation, CK() or CK(), and provide address and contact details Company: CIPC Certificate of Confirmation, CM, CoR. or CoR., and provide address and contact details Insolvent Estates Estate Documents: Letter of Appointment as trustee issued by the Master of High Court A mandate form (validated by the minutes or resolution) must be signed by the trustees, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the trustee s behalf ID document, and provide address and contact details of mandate holders/representatives Trust: Document creating trust and Letter of Authority ID document and proof of residential address of all trustees 55 56

29 Insolvent Estate Related Party Documents: If the trustee/administrator is: Individual: ID document and proof of residential address for individual, and provide contact details Partnership: Partnership agreement/joint venture agreement, and provide address and contact details CC: CIPC Certificate of Confirmation, CK() or CK(), and provide address and contact details Company: CIPC Certificate of Confirmation, CM, CoR. or CoR., and provide address and contact details Trust: Document creating trust and Letter of Authority ID document and proof of residential address of all trustees Embassies 5 Embassy Documents: Letter of Appointment from the Department of Foreign Affairs, or access the Department of Foreign Affairs website and print the relevant pages as proof that the embassy is registered with the Department of Foreign Affairs Letter, on the embassy letterhead, signed by the relevant Head of Mission, instructing us to open the account and appoint signatories We will verify the position and level of authority of the diplomat signing the documents with reference to the Department of Foreign Affairs website Proof of address of embassy A mandate form (validated by the minutes or resolution) must be signed by the authorised person/s on the embassy letterhead, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the embassy s behalf Embassy Related Party Documents: ID document/passport for mandate holders/ representatives, and provide address and contact details 57 58

30 SA Government Body

31 Government Body Documents: Constitution or founding document Proof of address of government body Legal form consider enabling legislation (for example, is it a trust, a company or a body created by South Africa s Constitution, such as the Human Rights Commission or the Public Protector?) A resolution from the government body, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the government body s behalf Government Body Related Party Documents: ID document/passport for mandate holders/ representatives, and provide address and contact details 6 6

32 Schools

33 Note: If the school is a company, the school will be KYC d as a company School Documents: Constitution for public schools Confirmation of registration of school with Department of Education for private schools Proof of address of the school A mandate form (validated by the minutes or resolution) from the governing body, indicating the authority of all person/s that may establish a business relationship or enter into a single transaction with the bank on the school s behalf School Related Party Documents: ID document for mandate holders/representatives, and provide address and contact details 65 66

34 Proof of Address

35 Acceptable Documents for Proof of Physical Address: Note: Proof of operating/registered address must show the physical address and not a box number Below are examples of documents (the list is not exhaustive) that may be provided to confirm the operating/registered/ residential physical address of the business. These documents must display your name and physical address and may not be older than three months Utility bill (eg, rates, taxes, water, electricity, telephone/ cellular, e-toll account) [0- months] Lease agreement, rental agreement, rental statement or virtual office lease agreement (0- months) Municipal rates and taxes invoice (0- months) Television licence (0- months) Bank statement from another bank (0- months) Mortgage statement from another bank (0-6 months) Original title deed (Documentation with the erf description is allowed provided the your name, erf/ stand and township details are reflected on the account issued by the local authority/government body) Motor vehicle licence (0- months) SARS-produced document (0- months) [excluding print screens] Government-issued document (eg, court order) Affidavit by person residing at the same premises confirming the name, residential address, ID number and relationship to the person making the declaration and the person staying there 69 70

36 5 Recent long-term and short-term insurance policies (eg, policy documents issued from an insurance company not FNB Insurance) Municipal letter from a municipal representative (eg, ward councillor) on the municipality s letterhead and bearing the stamp of the relevant municipal authority, confirming that the business is permitted to operate on land managed/serviced by that municipality Letter from a traditional authority confirming that the business is permitted to operate on communal land, signed by the relevant traditional authority and stamped with a government-issued stamp Declaration by the landlord/property owner confirming that the owner of the business operates the business from the rented property. This declaration must be accompanied by an acceptable document to verify the physical address in the name of the landlord/property owner declaring the physical address Declaration by a third party business confirming the physical address of the business if the business operates from another business address. This declaration must be accompanied by an acceptable document to verify the physical address in the name of the third party business declaring the physical address Declaration by an estate/body corporate/managing agent confirming the physical estate address of the person. The letter must include the words, according to our provides, <your name> s physical address is reflected as being <physical address of your business> Onsite visit form duly completed by a staff member who has visited the entity s physical address and confirms that the business operates from the address. The onsite visit form must reflect your full names, the physical address, the date of the visit and the full names of the consultant who visited the physical address of the business 6 Declaration by an individual confirming the physical address of the business if the individual operates the business from his/her residential address. This declaration must be accompanied by an acceptable document to verify the physical address in the name of the individual declaring the business address Contact us For any queries, please contact the FNB Business Helpdesk on