FICA – and all…
We all get somewhat irritated when we have to supply our ID’s, POR, Income Tax #’s etc etc etc to the estate agent, to the banks, to the laywers etc etc etc
Why?
It is compulsory under The Financial Intelligence Centre Act (FICA) and is aimed at eliminating Money Laundering and financial fraud. FICA compels “accountable institutions”, such as estate agents, banks and attorneys to physically identify and verify their customers.
FICA Documents required for Individuals
1) Certified Copy of Identity Document
2) Proof of residential address – Municipal account reflecting street address of
the client, not older than 3 months
*If a municipal account cannot be provided, a sworn affidavit stamped by the South African Police Service confirming residential address will suffice.
3) Proof of Banking Details – Copy of bank statement, not older than 3 months,
or a stamped confirmation letter from the bank confirming banking details,
not older than 3 months.
4) Proof of Income Tax Number – Any official SARS document reflecting full
names and Income Tax Number.
FICA Documents required for Companies
1) CM1 – Certificate of Incorporation
2) Copy of Memorandum of Incorporation (MOI)
3) CM9 – Certificate of change of name of company – if applicable
4) CM22 – Notice of Registered Office and Postal address
5) Certificate of Confirmation – CIPC
6) CM29 – List of active directors/officers
7) Copy of latest annual financial statements
8) Official SARS document reflecting the company’s Income tax number
9) Official SARS document reflecting the company’s VAT Registration number
10) Copy of bank statement confirming the bank details of the company, not
older than 3 months
11) Company letterhead confirming contact details/business address
12) Signed resolution authorizing person(s) to act on behalf of the company
13) Confirmation of Shareholding of the Company, stamped by the company
secretary/auditors of the company
14) In respect of each director, and each authorized person, and each
shareholder holding more than 25% of the voting rights of the company:
- Certified Copy of the Identity document
- Proof of residential address (utility bill reflecting the person’s physical address – not older ` than 3 months)
FICA Documents required for Trusts
1) Certified Copy of the Trust Deed or copy of other founding documentation
by which the trust is created.
2) Certified Copy of the Letter of Authority issued and stamped by the Master
of the High Court, authorizing trustees to act on behalf of the trust
3) Copy of latest annual financial statements of the trust
4) Official SARS document reflecting the Trust’s Income tax number
5) Copy of bank statement confirming the bank details of the trust, not older
than 3 months
6) Signed resolution authorizing person(s) to act on behalf of the trust, signed
by ALL the Trustees
7) In respect of the Founder, each Trustee, each authorized person, and each
beneficiary of the Trust:
8) Certified Copy of the Identity document
9) Proof of residential address (utility bill reflecting the person’s physical
address – not older than 3 months)
CONCLUSION
As a conveyancer is required to manage multiple relationships, it is quite common for a conveyancer to have to FICA more than one party to a transaction. For instance: The seller; The purchaser; The prospective borrower (purchaser) at the instance of the bank; The existing borrower (seller) also at the instance of the existing bond holder.
The obligation of performing multiple FICA verifications takes up a lot of time, involves analysis, concentrated checking, photocopying; all of which is costly. The banks take FICA very seriously and have set up specialist departments to record and classify the certified documents provided by their attorneys.
Under the FIC Act, property practitioners (estate agents) are specifically mentioned by name as being “reportable institutions” with various obligations with regard to FICA, with responsibility around identification of their clients as well as having their own risk management and compliance programmes.