Inter vivos trusts (excludes testamentary trusts)
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information and operating addresses.
Information to be obtained
American Express Foreign Exchange must obtain the following:
- the identifying name and number of the trust;
- the address of the Master of the High Court where the trust is registered - (for SA trusts); and
- the nature of trust activity.
Individuals associated with the trust
Information is to be obtained for each of the following identified, associated individuals:
- each trustee of the trust;
- each individual who purports to be authorised to establish a relationship with American Express Foreign Exchange;
- each individual authorised to transact on behalf of the trust;
- each beneficiary; and
- the founder(s) of the trust.
The following particulars are required:
- full names;
- date of birth;
- identity number (SA citizens/residents); or
- passport number and nationality (non-SA residents);
- residential address;
- contact particulars.
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 trust:
- a resolution to establish the relationship or an extract of the minutes of that meeting; or
- an original letter of authority signed by the trustees stating the decision was taken to establish a business relationship with American Express Foreign Exchange; and
- if not a trustee: the capacity and authority of the person authorised to establish the relationship must be obtained.
Note: If the trust founder is deceased or deregistered, a copy of the death certificate or the certificate of de-registration must to be obtained.
Verification of information concerning trusts
American Express Foreign Exchange must verify the name and number of the trust by inspecting the original trust deed or other founding documents or certified copies thereof in terms of which the trust is created and:
- for a trust created in South Africa, the authorisation given by the Master of the High Court in terms of section 7 of the Trust Property Control Act 57 of 1998 to each trustee of the trust to act in that capacity; or
- for a trust created outside South Africa, an official document which reflects these particulars, issued by an authority in the country where the trust is created which administers or oversees laws relating to trusts in that country.
American Express Foreign Exchange must verify the details of the address of the Master of the High Court where the trust is registered by comparing the address provided with the authorisation given by the Master of the High Court in terms of section 7 of the Trust Property Control Act, Act 57 of 1998, to each trustee of the trust to act in that capacity.
Verification of legal entities associated with the trust
SA company
Registered name and address
Trade name and business address
Close corporations
Registered name and 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.
Inter vivos trusts (excludes testamentary trusts)
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information and operating addresses.
Information to be obtained
American Express Foreign Exchange must obtain the following:
- the identifying name and number of the trust;
- the address of the Master of the High Court where the trust is registered - (for SA trusts); and
- the nature of trust activity.
Individuals associated with the trust
Information is to be obtained for each of the following identified, associated individuals:
- each trustee of the trust;
- each individual who purports to be authorised to establish a relationship with American Express Foreign Exchange;
- each individual authorised to transact on behalf of the trust;
- each beneficiary; and
- the founder(s) of the trust.
The following particulars are required:
- full names;
- date of birth;
- identity number (SA citizens/residents); or
- passport number and nationality (non-SA residents);
- residential address;
- contact particulars.
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 trust:
- a resolution to establish the relationship or an extract of the minutes of that meeting; or
- an original letter of authority signed by the trustees stating the decision was taken to establish a business relationship with American Express Foreign Exchange; and
- if not a trustee: the capacity and authority of the person authorised to establish the relationship must be obtained.
Note: If the trust founder is deceased or deregistered, a copy of the death certificate or the certificate of de-registration must to be obtained.
Verification of information concerning trusts
American Express Foreign Exchange must verify the name and number of the trust by inspecting the original trust deed or other founding documents or certified copies thereof in terms of which the trust is created and:
- for a trust created in South Africa, the authorisation given by the Master of the High Court in terms of section 7 of the Trust Property Control Act 57 of 1998 to each trustee of the trust to act in that capacity; or
- for a trust created outside South Africa, an official document which reflects these particulars, issued by an authority in the country where the trust is created which administers or oversees laws relating to trusts in that country.
American Express Foreign Exchange must verify the details of the address of the Master of the High Court where the trust is registered by comparing the address provided with the authorisation given by the Master of the High Court in terms of section 7 of the Trust Property Control Act, Act 57 of 1998, to each trustee of the trust to act in that capacity.
Verification of legal entities associated with the trust
SA company
Registered name and address
Trade name and business address
Close corporations
Registered name and 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.
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