Partnerships
Professional partnerships
Professional partnerships are defined as partnerships that are registered under section 30(2) of the Companies Act 61 of 1973 (see list below) and have more than 20 partners. Limited information regarding the identification and verification of these partnerships is required.
Gazetted professional partnerships
The following professional partnerships, formed by the persons mentioned, have been gazetted in the South African Government Gazette and are therefore recognised by American Express Foreign Exchange:
- Public accountants or auditors, designated by Government Notice No R54 of 11 January 1974.
- Attorneys, notaries and conveyancers, designated by Government Notice No R57 of 11 January 1974.
- Professional engineers, designated by Government Notice No R1813 of 26 September 1975.
- Quantity surveyors, designated by Government Notice No R2391 of 19 December 1975.
- Pharmacists, designated by Government Notice No R1194 of 13 June 1980.
- Stockbrokers, designated by Government Notice No R89 of 22 January 1982.
- Architects, designated by Government Notice No R2398 of 23 October 1987.
- Medical practitioners, dentists or psychologists or a supplementary health service profession contemplated in section 32 of the Medical, Dental and Supplementary Health Service Professions Act 56 of 1974, designated by Government Notice No R1272 of 2 August 1996.
Information to be obtained
American Express Foreign Exchange must obtain:
- the name of the partnership;
- a written declaration that the partnership is a professional partnership;
- the type of partnership; and
- proof of registration with the professional body.
Individuals associated with a partnership
The following individuals associated with the partnership have to be identified:
- the individual exercising executive control;
- any individual purporting to act on behalf of the partnership;
- any individual authorised to transact on behalf of the partnership.
The following particulars are required relating to the abovementioned individuals:
- surname;
- full name(s);
- date of birth;
- residential address;
- contact particulars;
- identity number (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
- a valid passport, or
- a valid card-type driver's licence. OR
- passport number and nationality (non-SA residents).
To verify the individuals an original or certified copy of the following documents is required:
- a green bar-coded identity document (SA citizens/residents); or
- a valid passport (non-SA residents).
The following proof of authority is required for an individual purporting to act on behalf of the partnership:
- an original resolution; or
- a certified extract of the minutes proving authority; or
- an original letter signed by the company secretary on the official partnership letterhead.
Other partnerships (excluding professional partnerships)
Information to be obtained
American Express Foreign Exchange must verify the name and operating address of the partnership by viewing the partnership agreement or certified copy thereof or a recent SARS return.
The following persons associated with the partnership need to be identified:
- every partner, including any anonymous/silent partner;
- the person who exercises executive control over the partnership;
- each individual who purports to be authorised to establish a relationship with American Express Foreign Exchange on behalf of the partnership; and
- each individual authorised to transact on behalf of the partnership.
The following particulars are required:
- the full names;
- date of birth;
- identity number (for SA citizens/residents) or passport number and nationality (for non-SA residents);
- residential address; and
- contact particulars.
To verify the individuals an original or certified copy of the following documents are required:
- a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
- a valid passport, or
- a valid card-type driver's licence. OR
- a valid passport (non-SA residents).
The following proof of authority is required for an individual purporting to act on behalf of the partnership:
- an original resolution; or
- a certified extract of the minutes proving authority; or
- an original letter signed by the company secretary on the official partnership letterhead.
Verification of legal entities who are partners in the partnership
Any legal entity that is a partner of a partnership must have their details identified and verified as defined below:
SA company
Registered name and address
Trade name and business address
Foreign company
Registered name and address where the foreign company is incorporated.
Trade name and business address for both the foreign and South African operations.
Close corporations
Registered name and address
Other legal entities
The name, address and legal form must be verified by submitting the original or certified copy of the constitution or other founding documents.
Partnership
The name and address of the associated partnership must be verified by submitting the original or certified copy of the partnership agreement.
Trust
The name, registration number and address must be verified by submitting the original or certified copy of the trust deed or other founding documents.
Close corporations
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information, operating addresses and all key individuals associated with the close corporation.
Individuals associated with close corporations
The following persons associated with the close corporation have to be identified:
- the members of the close corporation;
- each individual who purports to be authorised to establish the relationship; and
- each individual authorised to transact on behalf of the close corporation.
The following particulars are required relating to the individual mentioned above:
- surname;
- full name(s);
- date of birth;
- residential address;
- contact particulars;
- identity number (SA citizens/residents); or
- passport number and nationality (non-SA residents).
An original or certified copy of the following documents is required:
- a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
- a valid passport, or
- a valid card-type driver's licence. OR
- a valid passport (non-SA residents).
Verification of individual acting on behalf of a close corporation
The following proof of authority is required for an individual purporting to act on behalf of the close corporation:
- an original resolution; or
- a certified extract of the minutes proving authority; or
- an original letter signed by the company secretary on the official close corporation letterhead.
Registered information - close corporations
Registered name and address
Trade name and business address
Other legal entities (not incorporated)
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information, operating addresses and all key individuals associated with such other legal entity.
Examples of other legal entities may include but are not limited to
- associations;
- NGOs;
- public sector entities(central government, provincial government, local authorities);
- brokers;
- fund managers;
- hedge funds;
- money market funds;
- stokvels;
- burial societies;
- pension, provident, retirement, medical funds;
- schools, churches, sports bodies, churches, clubs;
- political parties;
- consortiums;
- local authorities;
- parastatals;
- charities;
- foreign trusts;
- diplomatic missions, embassies;
- government;
- foreign governments; and
- sectional title bodies corporate.
Naturals persons associated with other legal entities
The following individuals associated with the entity have to be identified:
- each individual who purports to be authorised to establish the relationship; and
- each individual who is authorised to transact on behalf of the other legal person/entities.
The following particulars are required relating to the individuals mentioned above:
- surname;
- full name(s);
- date of birth;
- residential address;
- contact particulars;
- identity number (SA citizens/residents); or
- passport number and nationality (non-SA residents).
An original or certified copy of the following documents is required:
- a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
- a valid passport, or
- a valid card-type driver's licence. OR
- a valid passport (non-SA residents).
The following proof of authority is required for an individual purporting to act on behalf of the company:
- an original resolution; or
- a certified extract of the minutes proving authority; or
- an original letter signed by the company secretary on the official company letterhead.
Verification of name and legal form of the legal entity
American Express Foreign Exchange must verify the name and legal form of the legal person/entity by:
- obtaining and inspecting the original or a certified copy thereof of the constitution, and/or other founding document in terms of which the legal person is created, if available; or
- other document relating to the founding of the legal form.
Trade name and business address
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