Know-your-customer obligations in terms of the Financial Intelligence Centre Act 38 of 2001

Transcription

1 Knw-yur-custmer bligatins in terms f the Financial Intelligence Centre Act 38 f 2001 Knw-yur-custmer bligatins in terms f the Financial Intelligence Centre Act 38 f Overview f the Financial Intelligence Centre Act, 38 f KYC fr Existing Custmers...3 KYC fr New Custmers...4 KYC requirements fr Individuals...5 KYC requirements fr Sle Prprietrships...7 KYC requirements fr Clse Crpratins...9 KYC requirements fr Suth African Cmpanies KYC requirements fr Freign Cmpanies KYC requirements fr Listed Cmpanies KYC requirements fr Other Legal Persns KYC requirements fr Partnerships KYC requirements fr Trusts Dcuments t verify Physical Address Existing Custmers Temprarily ut f the Cuntry FICA Frms Anti-Mney Laundering Certificatins Nte: Fllw the links t find ut mre abut certain tpics and t dwnlad frms that yu can cmplete befre calling n yur nearest First Natinal Bank branch, in rder t make the KYC prcess quicker fr yu. Page 1 f 36

2 Overview f the Financial Intelligence Centre Act, 38 f 2001 Suth Africa has implemented law that is designed t cmbat mney laundering, which is the abuse f financial systems in rder t hide and / r disguise the prceeds f crime. This law is knwn as the Financial Intelligence Centre Act, 38 f 2001, abbreviated t FICA. The aim f FICA is t prvide a legal framewrk fr effective mney laundering cntrl, which in essence is intended t prevent criminals frm being able t integrate their illgtten gains int ur credible banking systems. This law has brught Suth Africa int line with internatinal standards in the fight against crime. Sectins 21 and 22 f FICA, and the Regulatins theret, require fr all Suth African Banks t ensure that they have crrect details fr all f their custmers by establishing and verifying certain custmer details. These sectins f FICA, which directly impact n ur service t ur custmers, have cme t be knwn as Knw-Yur-Custmer, abbreviated t "KYC". KYC is cnsidered t be the crnerstne in mney laundering cntrl. What this means fr First Natinal Bank accunthlders is that they will be required t prvide us with prf f identity, physical address and incme tax number(s) (if issued) in rder fr us t validate their infrmatin. There are different categries/types f custmers, as defined in terms f the Regulatins t FICA, fr which there are different KYC requirements. T find ut abut the KYC requirements fr a specific type f custmer, as defined in FICA, fllw the links belw: - Individuals (i.e. natural persns): Persns wh are Suth African citizens and / r Suth African residents; Persns wh are nt Suth African citizens and are als nt Suth African residents; Nn-individuals (i.e. businesses and legal persns): Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). Wuld yu like t knw mre abut: KYC fr New Custmers KYC fr Existing Custmers Page 2 f 36

3 KYC fr Existing Custmers In terms f the KYC (Knw-Yur-Custmer) requirements f FICA (the Financial Intelligence Centre Act, 38 f 2001) First Natinal Bank is required t g back t all f its existing custmers, wh pened bank accunts prir t 1 July 2003, in rder t validate their infrmatin. The riginal deadline fr Suth African banks t have re-identified all f their existing custmers was 30 June 2004, was extended by the Minister f Finance t varius dates between 31 Octber 2004 and 30 September The new deadline will be different fr different custmers in terms f guidelines and / r rules that have t be applied as a cnditin f the extensin. These guidelines and / r rules are based n a cmbinatin f factrs, including the categry / type f custmer (e.g. Trusts and Partnerships have a deadline f 31 Octber 2004), the types f prducts used and / r transactinal behaviur and / r transactinal value. Furthermre, if an existing custmer wishes t avail f new (i.e. additinal) prduct and / r service, the bank must first verify that custmer s particulars. Please d yur bit t assist us in cmplying with the KYC bligatins under FICA and in the fight against crime by calling n yur nearest First Natinal Bank branch, with yur KYC dcumentatin. We will take five (5) minutes f yur time t phtcpy yur dcuments and t ensure that the infrmatin that we have n file is crrect and up-t-date befre sending yu n yur way. T find ut abut the KYC requirements fr a specific type f custmer, as defined in FICA, fllw the links belw: - Individuals (i.e. natural persns)): Persns wh are Suth African citizens and / r Suth African residents; Persns wh are nt Suth African citizens and are als nt Suth African residents; Nn-individuals (i.e. businesses and legal persns): Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). Wuld yu like t knw mre abut: - Overview f FICA KYC fr Existing Custmers Temprarily ut f the Cuntry KYC fr New Custmers FICA Cmpetitin Page 3 f 36

4 KYC fr New Custmers With effect frm 1 July 2003, any persn and / r business that wants t pen a bank accunt at First Natinal Bank will need t prvide the relevant dcumentatin t validate their infrmatin when they pen their bank accunt, in rder t cmply with the KYC (Knw-Yur-Custmer) requirements f FICA (the Financial Intelligence Centre Act, 38 f 2001). There are different categries/types f custmers, as defined in terms f the Regulatins t FICA, as fllws: - Individuals (i.e. natural persns)): Persns wh are Suth African citizens and / r Suth African residents; Persns wh are nt Suth African citizens and are als nt Suth African residents; Nn-individuals (i.e. businesses and legal persns): Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). T find ut mre abut the specific requirements fr the different categries/types f custmers, click the links fr the relevant custmer categry / type prvided abve. Wuld yu like t knw mre abut: - Overview f FICA KYC fr Existing Custmers FICA Cmpetitin Page 4 f 36

5 KYC requirements fr Individuals The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr individuals are set ut in regulatins 3, 4, 5 and 6 f FICA (the Financial Intelligence Centre Act, 38 f 2001). The KYC requirements, fr individuals, are as fllws: Fr individual custmers wh are Suth African Citizens and / r wh are Suth African Residents Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Incme tax reference number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument An apprved dcument t verify residential address, reflecting at least yur initial(s) and surname and (physical) residential address A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number Des nt need t be verified Fr individual custmers wh are nt Suth African Citizens and wh are nt Suth African Permanent Residents Establish (i.e. btain) Full names Date f birth Natinality Passprt number Residential address Incme tax reference number (if issued) Cntact details Valid passprt Verify (i.e. validate) Des nt need t be verified A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number Des nt need t be verified The KYC requirements fr individuals, als requires that First Natinal Bank t establish and verify infrmatin in respect f individual persns that are cnnected t and / r wh represent the individual custmer. These "cnnected persns" are as fllws: Page 5 f 36

6 The KYC requirements, fr persns cnnected t individual custmers, are as fllws: Fr individuals wh are cnnected t the Individual Custmer (e.g. legal guardians, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified We have prepared a KYC frm fr individuals that can be cmpleted with all f the required infrmatin which can be brught int yur nearest First Natinal Bank branch, tgether with the dcuments required fr verificatin, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 6 f 36

7 KYC requirements fr Sle Prprietrships The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr Sle Prprietrships are nt specifically prvided fr in the regulatins f FICA (the Financial Intelligence Centre Act, 38 f 2001), hwever sectin 21 f FICA requires that First Natinal Bank must establish and verify the particulars fr all custmers. T this end, the KYC requirements fr sle prprietrships fllw that fr Other Legal Persns which are set ut in regulatins 11 and 12 f FICA. The KYC requirements, fr sle prprietrships, are as fllws: Establish (i.e. btain) Business name (i.e. perating name) Business address (i.e. perating address) Incme tax reference number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Fr the Sle Prprietrship (i.e. the business) Verify (i.e. validate) An apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number Des nt need t be verified The KYC requirements fr sle prprietrships, als requires that First Natinal Bank t establish and verify infrmatin in respect f individual persns that are cnnected t and / r wh represent the sle prprietrship. These "cnnected persns" are as fllws: The sle prprietr themselves; and Agent (e.g. a persn authrised t pen and / r maintain a banking relatinship n behalf f the sle prprietrship in terms f a- reslutin, pwer f attrney, etc). The KYC requirements, fr persns cnnected t sle prprietrships, are as fllws: - Fr persns wh are cnnected t the Sle Prprietrship (e.g. sle prprietr, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified We have prepared a KYC frm fr sle prprietrships that can be cmpleted with all f the required infrmatin which can be brught int yur nearest First Natinal Bank branch, tgether with the dcuments required fr verificatin, in rder t make the KYC validatin prcess quicker. Page 7 f 36

8 Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 8 f 36

9 KYC requirements fr Clse Crpratins The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr Clse Crpratins are set ut in regulatins 7 and 8 f FICA (the Financial Intelligence Centre Act, 38 f 2001). The KYC requirements, fr Clse Crpratins, are as fllws: Establish (i.e. btain) Registered name Registratin number Registered address Names f all members f the Clse Crpratin Business address (i.e. perating address) Head ffice address Incme tax reference number (if issued) VAT registratin number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Fr the Clse Crpratin (i.e. the business) Verify (i.e. validate) The mst recent CK1 (Funding Statement), CK2 (Amended Funding Statement) r CIPRO (Cmpany and Intellectual Prperties Registratin Office) certificate If the business address (i.e. perating address) is different t the registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address A dcument issued by the Suth African Revenue Service t verify the incme tax reference number A dcument issued by the Suth African Revenue Service t verify the VAT registratin number Des nt need t be verified The KYC requirements fr Clse Crpratins, als requires that First Natinal Bank t establish and verify infrmatin in respect f individual persns that are cnnected t and / r wh represent the Clse Crpratin. These "cnnected persns" are as fllws: All members f the Clse Crpratin; and Agent (e.g. a persn authrised t pen and / r maintain a banking relatinship n behalf f the Clse Crpratin in terms f a members reslutin, pwer f attrney, etc). Page 9 f 36

10 The KYC requirements, fr persns cnnected t Clse Crpratins, are as fllws: - Fr persns wh are cnnected t the Clse Crpratin (e.g. members, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified We have prepared a KYC frm fr Clse Crpratins that can be cmpleted with all f the required infrmatin which can be brught int yur nearest First Natinal Bank branch, tgether with the dcuments required fr verificatin, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 10 f 36

11 KYC requirements fr Suth African Cmpanies The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr Suth African cmpanies are set ut in regulatins 7 and 8 f FICA (the Financial Intelligence Centre Act, 38 f 2001). Exemptin 6(1) t FICA prvides exemptin frm certain KYC bligatins in respect f public cmpanies that are listed n an apprved securities exchange, s there are different KYC requirements fr Suth African cmpanies that are als listed cmpanies. The KYC requirements, fr Suth African cmpanies, are as fllws: Establish (i.e. btain) Registered name Registratin number Registered address Business name (i.e. perating name) Business address (i.e. perating address) Head ffice address Incme tax reference number (if issued) VAT registratin number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Names f all sharehlders wh hld 25 %, r mre, f the vting rights at an annual General Meeting f the Suth African cmpany Fr the Suth African cmpany (i.e. the business) Verify (i.e. validate) Frm CM1 (Certificate f Incrpratin) and all Frms CM9 (Certificate f Change f Name f Cmpany) (if applicable) r CIPRO (Cmpany and Intellectual Prperties Registratin Office) certificate Frm CM22 (Ntice f Registered Office and Pstal Address) If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number A dcument issued by the Suth African Revenue Service t verify yur VAT registratin number Des nt need t be verified A letter frm the Suth African cmpany s accuntant / auditr / cmpany secretary listing all sharehlders wh hld 25 %, r mre, f the vting rights at an Annual General Meeting f the Suth African cmpany Page 11 f 36

12 The KYC requirements fr Suth African cmpanies, als requires that First Natinal Bank t establish and verify infrmatin in respect f individual persns and nnindividual persns-that are cnnected t and / r wh represent- the Suth African cmpany. These "cnnected persns" are as fllws: Individuals (i.e. natural persns) The manager f the Suth African cmpany (e.g. the Managing Directr r Chief Executive Officer, etc); All sharehlders that hld 25 %, r mre, f the vting rights at an Annual General Meeting f the Suth African cmpany, which are individuals; and Agent (e.g. a persn authrised t pen and / r maintain a banking relatinship n behalf f the Suth African cmpany in terms f a directrs reslutin, pwer f attrney, etc). Nn-individuals (i.e. businesses and legal persns) All sharehlders that hld 25 %, r mre, f the vting rights at an Annual General Meeting f the Suth African cmpany, which are nt individuals. The KYC requirements, fr individuals (i.e. natural persns) wh are cnnected t Suth African cmpanies, are as fllws: Fr individuals (i.e. natural persns) wh are cnnected t the Suth African cmpany (e.g. the manager, 25 %+ sharehlders, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified Page 12 f 36

13 The KYC requirements, fr nn-individuals (i.e. businesses and legal persns) that are cnnected t Suth African cmpanies, depend n the categry / type f nn-individual cncerned. The general KYC requirements are as fllws: Fr nn-individuals (i.e. businesses and legal persns) that are cnnected t the Suth African cmpany (e.g. 25 %+ sharehlders) Establish (i.e. btain) Legal frm Registered name (if applicable) Registratin number (if applicable) Registered address (if applicable) Business name (i.e. perating name) Business address (i.e. perating address) Head ffice address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Funding dcuments (i.e. dcument/s used t register / incrprate the nn-individual entity) Official dcument reflecting registered address If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address Des nt need t be verified Fllw the relevant link(s) t determine what infrmatin is required fr the relevant categry / type f nn-individual(s) (i.e. businesses and legal persns): Nn-individuals (i.e. businesses and legal persns): Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). Nte: Only infrmatin in respect f the cnnected nn-individual(s) (e.g. businesses, legal persns, etc) is required. We d nt require infrmatin in respect f individualand / r nn-individual persn(s) that are in turn cnnected t the nn-individual (e.g. businesses, legal persns, etc) that is/(are) cnnected t the Suth African cmpany. Page 13 f 36

14 We have prepared a KYC frm fr Suth African cmpanies that can be cmpleted with all f the abvementined infrmatin, t which the dcuments fr verificatin can be attached, t be brught int yur nearest First Natinal Bank branch, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers Page 14 f 36

15 KYC requirements fr Freign Cmpanies The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr freign cmpanies are set ut in regulatins 9 and 10 f FICA (the Financial Intelligence Centre Act, 38 f 2001). Branches f freign cmpanies that wn immvable prperty in Suth Africa are required t register as external cmpanies in terms f the Cmpanies Act, 61 f These external cmpanies are regulated by the Suth African Registrar f Cmpanies. KYC requirements fr these types f cmpanies are the same as thse fr Suth African cmpanies. Exemptin 6(1) t FICA prvides exemptin frm certain KYC bligatins in respect f public cmpanies that are listed n an apprved securities exchange, s there are different KYC requirements fr freign cmpanies that are als listed cmpanies. The KYC requirements, fr freign cmpanies, are as fllws: Establish (i.e. btain) Registered name Registratin number Registered address Business name in Suth Africa (i.e. perating name) Business address in Suth Africa (i.e. perating address) Head ffice address Incme tax reference number (if issued) VAT registratin number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Names f all sharehlders wh hld 25 %, r mre, f the vting rights at an annual General Meeting f the freign cmpany Fr the freign cmpany (i.e. the business) Verify (i.e. validate) Official dcumentatin reflecting the registered name and registratin number f the freign cmpany, as well as prf f registratin f any name changes since incrpratin (if applicable) Official dcumentatin reflecting the registered address f the freign cmpany If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number A dcument issued by the Suth African Revenue Service t verify yur VAT registratin number Des nt need t be verified A letter frm the freign cmpany s accuntant / auditr / cmpany secretary listing all sharehlders wh hld 25 %, r mre, f the vting rights at an Annual General Meeting f the freign cmpany Page 15 f 36

16 The KYC requirements fr freign cmpanies, als requires that First Natinal Bank t establish and verify infrmatin in respect f individual persns- and nn-individual persns that are cnnected t and / r wh represent the freign cmpany. These "cnnected persns" are as fllws: Individuals (i.e. natural persns) The manager f the freign cmpany (e.g. the Managing Directr r Chief Executive Officer, etc); All sharehlders that hld 25 %, r mre, f the vting rights at an Annual General Meeting f the freign cmpany, which are individuals; and Agent (e.g. a persn authrised t pen and / r maintain a banking relatinship n behalf f the freign cmpany in terms f a directrs reslutin, pwer f attrney, etc). Nn-individuals (i.e. businesses and legal persns) All sharehlders that hld 25 %, r mre, f the vting rights at an Annual General Meeting f the freign cmpany, which are nt individuals. The KYC requirements, fr individuals (i.e. natural persns) wh are cnnected t freign cmpanies, are as fllws: Fr individuals (i.e. natural persns) wh are cnnected t the freign cmpany (e.g. the manager, 25 %+ sharehlders, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified Page 16 f 36

17 The KYC requirements, fr nn-individuals (i.e. businesses and legal persns) that are cnnected t freign cmpanies, depend n the categry / type f nn-individual cncerned. The general KYC requirements are as fllws: Fr nn-individuals (i.e. businesses and legal persns) that are cnnected t the freign cmpany (e.g. 25 %+ sharehlders) Establish (i.e. btain) Legal frm Registered name (if applicable) Registratin number (if applicable) Registered address (if applicable) Business name (i.e. perating name) Business address (i.e. perating address) Head ffice address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Funding dcuments (i.e. dcument/s used t register / incrprate the nn-individual entity) Official dcument reflecting registered address If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address Des nt need t be verified Fllw the relevant link(s) t determine what infrmatin is required fr the relevant categry / type f nn-individual(s) (i.e. businesses and legal persns): Nn-individuals (i.e. businesses and legal persns): Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). Nte: Only infrmatin in respect f the cnnected nn-individual(s) (e.g. businesses, legal persns, etc) is required. We d nt require infrmatin in respect f individualand / r nn-individual persn(s) that are in turn cnnected t the nn-individual (e.g. businesses, legal persns, etc) that is/(are) cnnected t the freign cmpany. Page 17 f 36

18 We have prepared a KYC frm fr freign cmpanies that can be cmpleted with all f the abvementined infrmatin, t which the dcuments fr verificatin can be attached, t be brught int yur nearest First Natinal Bank branch, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 18 f 36

19 KYC requirements fr Listed Cmpanies The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr Suth African cmpanies (and Clse Crpratins) are set ut in regulatins 7 and 8 f FICA (the Financial Intelligence Centre Act, 38 f 2001) and the requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr freign cmpanies are set ut in regulatins 9 and 10 f FICA. Exemptin 6(1) t FICA prvides exemptin frm certain KYC bligatins in respect f public cmpanies that are listed n an apprved securities exchange, s there are different KYC requirements fr freign cmpanies that are als listed cmpanies. Nte: A list f securities exchanges that have been recgnised / apprved in terms f FICA, which is cntained in the schedule t the Regulatins t FICA, which can be viewed at The KYC requirements, fr listed cmpanies, are as fllws: Establish (i.e. btain) Registered name Registratin number Registered address Business name in Suth Africa (i.e. perating name) Business address in Suth Africa (i.e. perating address) Head ffice address Incme tax reference number (if issued) VAT registratin number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Prf f securities exchange listing (prviding detail f where listed and listing status) Fr the listed cmpany (i.e. the business) Verify (i.e. validate) Des nt need t be verified Des nt need t be verified Des nt need t be verified Des nt need t be verified Des nt need t be verified Des nt need t be verified Des nt need t be verified Official dcumentatin frm the relevant securities exchange, r ther acceptable surce, reflecting current listing status. We have prepared a KYC frm fr listed cmpanies that can be cmpleted with all f the abvementined infrmatin, t which the dcuments fr verificatin can be attached, t be brught int yur nearest First Natinal Bank branch, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 19 f 36

20 KYC requirements fr Other Legal Persns The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr ther legal persns are set ut in regulatins 11 and 12 f FICA (the Financial Intelligence Centre Act, 38 f 2001). Other legal persns include all nn-individual clients that cannt be categrised int any f the ther categries f clients that are defined in the Regulatins t FICA (i.e. Clse Crpratins, Suth African cmpanies, freign cmpanies, listed cmpanies, partnerships and trusts). Other legal persns als include the fllwing "exceptins" frm the "partnerships" and "trusts" categries f clients, as fllws: Partnerships: Prfessinal partnerships, cnsisting f mre than twenty (20) partners, which are incrprated in terms f sectin 30(2) f the Cmpanies Act, 61 f 1973 as "Prfessinal Partnerships", limited by partners' liability, and which are recgnised as such in terms f gvernment gazette ntice(s) issued frm time t time, as fllws: - Public Accuntant r Auditr designated by Gvernment gazette ntice number R54 dated 11 January 1974; Attrney, Ntary and Cnveyancer designated by gvernment gazette ntice number R57 dated 11 January 1974; Prfessinal Engineer designated by gvernment gazette ntice number R1813 dated 26 September 1975; Quantity Surveyr designated by gvernment gazette ntice number R2391 dated 19 December 1975; Pharmacist designated by gvernment gazette ntice number R1194 dated 13 June 1980; Stckbrker designated by gvernment gazette ntice number R89 dated 22 January 1982; Architect designated by Gvernment gazette ntice number R2398 dated 23 Octber 1987; and Medical Practitiner, dentist r psychlgist r a supplementary health service prfessin cntemplated in sectin 32 f the Medical, Dental and Supplementary Health Service Prfessins Act, 56 f 1974 designated by gvernment gazette ntice number R1272 dated 2 August Infrmal assciatins f individuals, fr a cmmn purpse / gal, where there are mre than 20 individuals invlved in such an infrmal assciatin - e.g. stkvels, savings clubs, burial scieties, etc; Page 20 f 36

21 Trusts: Trusts that were established in terms f a testamentary writing (i.e. in terms f a last will and testament); Special trusts that are established in terms f an rder f curt (e.g. a trust set up in terms f an rder f curt t administer payment f the prceeds f a settlement t applicants in respect f a land restitutin claim; a trust set up in terms f an rder f curt fr the care f minrs; etc); and Trusts established fr the benefit f beneficiaries f a pensin-, prvident- r retirement- fund. The KYC requirements, fr ther legal persns, are as fllws: Establish (i.e. btain) Legal frm Registered name (if applicable) Registratin number (if applicable) Registered address (if applicable) Business name (i.e. perating name) Business address (i.e. perating address) Head ffice address Incme tax reference number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Fr the ther legal persn (i.e. the business) Verify (i.e. validate) Funding dcuments (i.e. dcument/s used t register / incrprate the nn-individual entity) Official dcument reflecting registered address If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number Des nt need t be verified The KYC requirements fr ther legal persns, als requires First Natinal Bank t establish and verify infrmatin in respect f individual persns wh represent the ther legal persn. These "cnnected persns" are as fllws: Individuals (i.e. natural persns) Agent (e.g. a persn authrised t pen and / r maintain a banking relatinship n behalf f the ther legal persn in terms f a reslutin, pwer f attrney, etc). Page 21 f 36

22 The KYC requirements, fr individuals (i.e. natural persns) wh are cnnected t ther legal persns, are as fllws: Fr individuals (i.e. natural persns) wh are cnnected t the ther legal persn (e.g. agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified We have prepared a KYC frm fr ther legal persns that can be cmpleted with all f the abvementined infrmatin, t which the dcuments fr verificatin can be attached, t be brught int yur nearest First Natinal Bank branch, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 22 f 36

23 KYC requirements fr Partnerships The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr partnerships are set ut in regulatins 13 and 14 f FICA (the Financial Intelligence Centre Act, 38 f 2001). Certain partnerships (as we understand/knw them) are excluded frm the FICA definitin f partnerships. These partnerships are nt excluded frm KYC but are rather subject t a different set f KYC "rules", under the categry f ther legal persns. These partnerships are as fllws: Prfessinal partnerships, cnsisting f mre than twenty (20) partners, which are incrprated in terms f sectin 30(2) f the Cmpanies Act, 61 f 1973 as "Prfessinal Partnerships", limited by partners' liability, and which are recgnised as such in terms f gvernment gazette ntice(s) issued frm time t time, as fllws: - Public Accuntant r Auditr designated by Gvernment gazette ntice number R54 dated 11 January 1974; Attrney, Ntary and Cnveyancer designated by gvernment gazette ntice number R57 dated 11 January 1974; Prfessinal Engineer designated by gvernment gazette ntice number R1813 dated 26 September 1975; Quantity Surveyr designated by gvernment gazette ntice number R2391 dated 19 December 1975; Pharmacist designated by gvernment gazette ntice number R1194 dated 13 June 1980; Stckbrker designated by gvernment gazette ntice number R89 dated 22 January 1982; Architect designated by Gvernment gazette ntice number R2398 dated 23 Octber 1987; and Medical Practitiner, dentist r psychlgist r a supplementary health service prfessin cntemplated in sectin 32 f the Medical, Dental and Supplementary Health Service Prfessins Act, 56 f 1974 designated by gvernment gazette ntice number R1272 dated 2 August Infrmal assciatins f individuals, fr a cmmn purpse/gal, where there are mre than 20 individuals invlved in such an infrmal assciatin - e.g. stkvels, savings clubs, burial scieties, etc. The abvementined partnerships need t satisfy the KYC requirements fr ther legal persns. Page 23 f 36

24 The KYC requirements, fr all ther partnerships, are as fllws: Establish (i.e. btain) Business name (i.e. perating name) Business address (i.e. perating address) Cntact details (i.e. name, telephne number(s), address, etc) Names f all partners in the partnership (including silent partners, every member f a partnership en cmmandite, an annymus partnership r any similar partnership) Fr the partnership (i.e. the business) Verify (i.e. validate) Partnership agreement, r (if n partnership agreement exists) a letter frm the partnership cnfirming that n written partnership agreement exists, identifying the business name (i.e. perating name) f the partnership Des nt need t be verified Des nt need t be verified Partnership agreement, r (if n partnership agreement exists) a letter frm the partnership cnfirming that n written partnership agreement exists listing the full names and identifying number(s) f all partners (including silent partners) f the partnership The KYC requirements fr partnerships, als requires First Natinal Bank t establish and verify infrmatin in respect f individual persns wh are cnnected t- and / r wh represent- the partnership. These "cnnected persns" are as fllws: - Individuals (i.e. natural persns) The persn wh exercises verall executive cntrl ver the partnership; All partners in the partnership (including silent partners, every member f a partnership en cmmandite, an annymus partnership r any similar partnership) that are individuals (i.e. natural persns); and Agent(s) (e.g. the persn/s authrised t pen and / r maintain a banking relatinship n behalf f the partnership in terms f a reslutin, pwer f attrney, etc). Nn-individuals (i.e. businesses and legal persns) All partners in the partnership (including silent partners, every member f a partnership en cmmandite, an annymus partnership r any similar partnership) that are nn-individuals (i.e. businesses and legal persns). Page 24 f 36

25 The KYC requirements, fr individuals (i.e. natural persns) wh are cnnected t partnerships, are as fllws: Fr individuals (i.e. natural persns) wh are cnnected t the partnership (e.g. the persn exercising executive cntrl ver the partnership, partners, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified The KYC requirements, fr nn-individuals (i.e. businesses and legal persns) that are cnnected t partnerships, depend n the categry / type f nn-individual cncerned. The general KYC requirements are as fllws: - Fr nn-individuals (i.e. businesses and legal persns) that are cnnected t the partnership (e.g. partners) Establish (i.e. btain) Legal frm Registered name (if applicable) Registratin number (if applicable) Registered address (if applicable) Business name (i.e. perating name) Business address (i.e. perating address) Head ffice address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Funding dcuments (i.e. dcument/s used t register / incrprate the nn-individual entity) Official dcument reflecting registered address If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address Des nt need t be verified Page 25 f 36

26 Fllw the relevant link(s) t determine what infrmatin is required fr the relevant categry / type f nn-individual(s) (i.e. businesses and legal persns): Nn-individuals (i.e. businesses and legal persns): Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). Nte: Only infrmatin in respect f the cnnected nn-individual(s) (e.g. businesses, legal persns, etc) is required. We d nt require infrmatin in respect f individualand / r nn-individual persn(s) that are in turn cnnected t the nn-individual (e.g. businesses, legal persns, etc) that is/(are) cnnected t the partnership. We have prepared a KYC frm fr partnerships that can be cmpleted with all f the abvementined infrmatin, t which the dcuments fr verificatin can be attached, t be brught int yur nearest First Natinal Bank branch, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 26 f 36

27 KYC requirements fr Trusts The KYC (Knw-Yur-Custmer) requirements t establish (i.e. btain) and verify (i.e. validate) infrmatin fr trusts are set ut in regulatins 15 and 16 f FICA (the Financial Intelligence Centre Act, 38 f 2001). Certain trusts (as we understand/knw them) are excluded frm the FICA definitin f trusts. These trusts are nt excluded frm KYC but are rather subject t a different set f KYC "rules", under the categry f ther legal persns. These trusts are as fllws: - Trusts that were established in terms f a testamentary writing (i.e. in terms f a last will and testament); Special trusts that are established in terms f an rder f curt (e.g. a trust set up in terms f an rder f curt t administer payment f the prceeds f a settlement t applicants in respect f a land restitutin claim; a trust set up in terms f an rder f curt fr the care f minrs; etc); and Trusts established fr the benefit f beneficiaries f a pensin-, prvident- r retirement- fund. The abvementined trusts need t satisfy the KYC requirements fr ther legal persns. The KYC requirements, fr all ther trusts, are as fllws: Establish (i.e. btain) Identifying name Identifying number Address where the trust was registered Incme tax reference number (if issued) Cntact details (i.e. name, telephne number(s), address, etc) Name(s), and identifying number(s), f the funder(s) f the trust Name(s), and identifying number(s) f the trustee(s) f the trust Name(s), and identifying number(s), f the beneficiary(ies) f the trust r the manner in which beneficiaries f the trust are determined Fr the trust (i.e. the business) Verify (i.e. validate) Trust deed, r ther funding dcument, in terms f which the trust is created Letters f Authrity issued by the Master f the High Curt where the Trust was registered (r equivalent dcument, fr internatinal trusts) A dcument issued by the Suth African Revenue Service t verify yur incme tax reference number Des nt need t be verified Trust deed, r ther funding dcument, in terms f which the trust is created Letters f Authrity issued by the Master f the High Curt where the Trust was registered (r equivalent dcument, fr internatinal trusts) Trust deed, r ther funding dcument, in terms f which the trust is created Page 27 f 36

28 The KYC requirements fr trusts, als requires First Natinal Bank t establish and verify infrmatin in respect f individual persns wh are cnnected t and / r wh represent the trust. These "cnnected persns" are as fllws: Individuals (i.e. natural persns) The funder(s) f the trust, wh is/(are) individual(s); The trustee(s) f the trust, wh is/(are) individuals; The beneficiary(ies) f the trust, wh is/(are) individuals r the manner n which the beneficiary(ies) f the trust is/(are) determined; and Agent(s) (e.g. the persn/s authrised t pen and / r maintain a banking relatinship n behalf f the trust in terms f a trustee s reslutin, pwer f attrney, etc). Nn-individuals (i.e. businesses and legal persns) The funder(s) f the trust, wh is/(are) nn-individual(s); The trustee(s) f the trust, wh is/(are) nn-individuals; and The beneficiary(ies) f the trust, wh is/(are) nn-individuals r the manner n which the beneficiary(ies) f the trust is/(are) determined. The KYC requirements, fr individuals (i.e. natural persns) wh are cnnected t trusts, are as fllws: Fr individuals (i.e. natural persns) wh are cnnected t the trust (e.g. funders, trustees, beneficiaries, agents, etc) Establish (i.e. btain) Full names Date f birth Natinality Identifying number Residential address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Suth African issued green bar-cded identity dcument (fr SA citizens and / r SA residents) r valid passprt (fr nn-sa citizens and nn-sa residents) Des nt need t be verified Des nt need t be verified Page 28 f 36

29 The KYC requirements, fr nn-individuals (i.e. businesses and legal persns) that are cnnected t trusts, depend n the categry / type f nn-individual cncerned. The general KYC requirements are as fllws: Fr nn-individuals (i.e. businesses and legal persns) that are cnnected t the trust (e.g. funders, trustees and beneficiaries) Establish (i.e. btain) Legal frm Registered name (if applicable) Registratin number (if applicable) Registered address (if applicable) Business name (i.e. perating name) Business address (i.e. perating address) Head ffice address Cntact details (i.e. name, telephne number(s), address, etc) Verify (i.e. validate) Funding dcuments (i.e. dcument/s used t register / incrprate the nn-individual entity) Official dcument reflecting registered address If the business name (i.e. perating name) and / r business address (i.e. perating address) is/are different t the registered name and / r registered address, an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) business address If the head ffice address is different t the registered address and / r business address (i.e. perating address), an apprved dcument t verify physical address, reflecting at least the business name (i.e. perating name) and (physical) head ffice address Des nt need t be verified Fllw the relevant link(s) t determine what infrmatin is required fr the relevant categry / type f nn-individual(s) (i.e. businesses and legal persns): - Nn-individuals (i.e. businesses and legal persns): - Sle prprietrships; Clse crpratins; Suth African cmpanies (excluding listed cmpanies); Freign cmpanies (excluding listed cmpanies); Listed cmpanies; Other legal persns (including prfessinal partnerships, testamentary- and special- trusts and ther entities that cannt therwise be categrised); Partnerships (excluding prfessinal partnerships); and Trusts (excluding testamentary- and special- trusts). Nte: Only infrmatin in respect f the cnnected nn-individual(s) (e.g. businesses, legal persns, etc) is required. We d nt require infrmatin in respect f individualand / r nn-individual persn(s) that are in turn cnnected t the nn-individual (e.g. businesses, legal persns, etc) that is/(are) cnnected t the partnership. Page 29 f 36

30 We have prepared a KYC frm fr trusts that can be cmpleted with all f the abvementined infrmatin, t which the dcuments fr verificatin can be attached, t be brught int yur nearest First Natinal Bank branch, in rder t make the KYC validatin prcess quicker. Wuld yu like t knw mre abut: - Overview f FICA KYC fr New Custmers KYC fr Existing Custmers FICA Cmpetitin Page 30 f 36

31 Dcuments t verify Physical Address In terms f the Suth Africa s KYC (Knw-Yur-Custmer) laws under FICA (the Financial Intelligence Centre Act, 38 f 2001) all banks are required t validate client infrmatin, including physical addresses. Any dcument that is used t validate a client s physical address must reflect the name f the client (at least the initials and surname n the case f an individual r the trading name in the case f a nn-individual) and the physical address f the client (legal prperty descriptins are als acceptable e.g. erf 1 Jhannesburg). The fllwing dcuments have been apprved, fr the banking industry, as acceptable means f verificatin f physical address: Dcument descriptin 1 Validity perid Individuals ANY ONE OF THE FOLLOWING DOCUMENTS ARE ACCEPTABLE A letter frm a municipal representative (e.g. ward cuncillr), n the municipality s letterhead, cnfirming that an individual (r business) is permitted t reside (r perate) n land managed/serviced by that municipality, bearing the stamp f the relevant municipal authrity A letter frm a traditinal authrity cnfirming that an individual (r business) is permitted t reside (r perate) n cmmunal land, signed by the relevant traditinal authrity and stamped with a stamp issued by gvernment. A retailer accunts, i.e. any infrmal / nn-bank credit arrangement: e.g. clthing accunts, pharmacy accunts, veterinary r dctr accunts, student fee accunts, c-p statements (fr farmers), etc. Any gvernment issued dcument: e.g. curt rder, subpena, traffic fine, etc. r dcumentatin relating t UIF and/r pensin payuts, etc. Bank statement frm anther bank (i.e. nt part f FirstRand Banking Grup) Crrespndence frm a Bdy Crprate / Share Blck Assciatin Dcumentatin frm an insurance r assurance cmpany, e.g. life assurance, shrt term insurance, health insurance / medical aid, funeral plicies, etc. Investment statement frm anther Investment Prvider, e.g. share, prtfli r unit trust statements (i.e. nt part f the FirstRand Banking Grup) Mrtgage statement frm anther mrtgage lender (i.e. nt part f FirstRand Banking Grup) Mtr vehicle license dcumentatin Ntificatin f residential address frm SA Department f Hme Affairs (i.e. the green slip in the back f an SA ID bk) Pay slip / salary advice Less than 3 mnths Less than 3 mnths Less than 3 mnths Less than 3 mnths Less than 3 mnths Less than 1 year Less than 1 year Less than 1 year Less than 6 mnths Less than 1 year N expiry Less than 3 mnths Nn individuals 1 Dcument descriptin - the dcument must reflect name either initials and surname r first name(s) and surname and physical address f custmer. Legal prperty descriptins, e.g. erf / stand numbers, are acceptable Page 31 f 36