FICA COMPLIANCE

SolomonHolmes is an “accountable institution” in terms of the Financial Intelligence Centre Act (“FICA”). It is a legal requirement for accountable institutions to comply with FICA in order to deter, identify and report money laundering, terrorist and proliferation financing. To achieve this, the FICA requires accountable institutions to fulfil various obligations including:

to establish and verify the identity of our clients;
to keep records of business relations and transactions;
to report receipts of cash above a prescribed amount to the Financial Intelligence Centre;
to report suspicious transactions to the Financial Intelligence Centre;
to implement internal rules consistent with our obligations under FICA;
To offer compulsory FICA training to all our employees; and
to appoint a compliance officer.

We request your assistance in complying with our obligations in terms of FICA. Whilst we appreciate that the identification and verification process is not convenient for our clients, we are not permitted to act on behalf of a client unless the prescribed steps have been taken to identify and verify the identity of our clients.

We may refuse to accept an instruction from a client until such time as the prescribed information and documents have been provided to us.
Note that all documentation provided must be either:

an original, or
a copy of the original document sighted by a SolomonHolmes employee, or
a copy of the original document certified by an independent Commissioner of Oaths.

The following information is required to establish and verify your identify:

FICA COMPLIANCE FOR:

Individual

Information required

Documentation required

Full Names

Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

Residential physical address

Proof of residential address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

Individual (Foreign National)

Information required

Documentation required

Full Names

Passport, asylum seeker, refugee permit or work permit

Residential physical address

Proof of residential address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

South African Company (excluding public companies)

Information required

Documentation required

Registered Name & Number

CM documents

Certification of Incorporation (CM1);
Memorandum of Incorporation (CM2); &
Any other forms amending Company information, as applicable (for example, certificate of change of name of Company (CM9))

COR documents

Registration Certificate (CoR14.1); &
Memorandum of Incorporation (CoR15); &
Any other forms amending company information, as applicable (for example, amendment of memorandum of incorporation (CoR15.2))

Registered Address

CM documents
Notice of Registered Office & Postal Address (CM22)

COR documents
Notice of Change of Registered Address (CoR21.1), if applicable

Trading/Operating Name (only required if different from registered name)

Independent documentary evidence reflecting the business / trading name (for example, letterhead, proof of address, business invoice)

Operating Address (only required if different from registered address)

Recent documentary evidence of the operating address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the Company:

Information required

Documentation required

Shareholders holding 25% or more of voting rights at a General Meeting of the Company:

Full Names Current Residential (Physical) Address Contact Details (If a Shareholder is an entity, please refer to the relevant entity type for details of information and documentation required for verification)

Documentary evidence of shareholding (for example, share certificate, shareholders register, letter from Company secretary / auditor confirming shareholding)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

The person who exercises executive control over the Company (e.g. Managing Director or CEO):

Full Names

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Each person authorised to establish a relationship or transact on behalf of the Company:

Full Name

Documentary evidence authorising the person to act on behalf of the Company (for example, resolution, mandate or minutes)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

South African (Public Company)

Identity information

Documentation required

Registered Name & Number & Address Name of exchange on which entity is listed and listing status

Proof of listing on relevant securities/stock exchange – either official documentation or printout/electronic import from exchange website

Trading/Operating Name (only if different from registered name)

Recent documentary evidence of the operating address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the Public Company:

Information required

Documentation required

Any person with the authority to act on behalf of the Public Company

Full Names

Documentary evidence authorising the person to act on behalf of the Company (for example, resolution, mandate or minutes)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Foreign Company (excluding Public Companies)

Identity information

Documentation required

Registered Name & Number & Address

Documentary evidence of the entity’s existence that is consistent with practices in the local market and reflects the registered name & number (for example, a print-out of the web-page of a government-sponsored corporate registry, Certificate of Incorporation/Registration, Audited Report / Financial Statements); &
Any other proof of registration of changes in Company information since incorporation

Trading/Operating Name (only if different from registered name)

Independent documentary evidence reflecting the Business / Trading Name (for example, letterhead, proof of address, business invoice)

Operating Address (only if different from registered address)

Recent documentary evidence of the operating address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice etc)

Head Office Address (only if different from registered/operating address)

Recent documentary evidence of the head office address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the Foreign Company:

Information required

Documentation required

Shareholders holding 25% or more of voting rights at a General Meeting of the Foreign Company:

Full Name (If a Shareholder is an entity, please refer to the relevant entity type for details of information and documentation required for verification)

Documentary evidence of shareholding (for example, share certificate, shareholders register, letter from company secretary / auditor confirming shareholding)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

The person who exercises executive control over the Foreign Company (e.g. Managing Director or CEO):

Full Names

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Each person authorised to establish a relationship or transact on behalf of the Foreign Company:

Full Name

Documentary evidence authorising the person to act on behalf of the Company (for example, resolution, mandate or minutes)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Sole Proprietor

Identity information

Documentation required

Business/Trading Name

Independent documentary evidence reflecting the Business / Trading Name (for example, letterhead, proof of address, business invoice)

Business/Trading Address

Recent documentary evidence of the business / trading address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the Sole Proprietor:

Information required

Documentation required

Full Name

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

AND

Recent documentary evidence of the physical address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

Each person authorised to establish a relationship or transact on behalf of the Sole Proprietorship

Full Name

Documentary evidence authorising the person to act on behalf of the business (for example, mandate)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Partnerships

Identity information

Documentation required

Operating Name Names of all partners in the Partnership (including silent partners, every member if the partnershipen commandite, an anonymous partnership or any similar partnership)

Partnership Agreement If no Partnership Agreement exists, a letter signed by all the partners confirming that no written partnership agreement exists and identifying:

the operating name of the partnership
address of the partnership
purpose of the partnership
full names and addresses of all partners

Business/Operating Address

Recent documentary evidence of the business/operating address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the Partnership:

Information required

Documentation required

For all Partners:

Full Name (If a partner is an entity, please refer to the relevant entity type for details of information and documentation required)

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

The person who exercises executive control over the partnership:

Full Name

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Each person authorised to establish a relationship or transact on behalf of the partnership:

Full Names

Documentary evidence authorising the person to act on behalf of the partnership (for example, mandate or minutes)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Close Corporations

Identity information

Documentation required

Registered Name & Number & Address Names of all Members of the CC

Founding Statement and Certificate of Incorporation (CK1)

Amended Founding Statement (CK2) Amended Founding Statement in respect of Accounting Officer and Addresses (CK2A), as applicable

Trading Name (only if different from registered name)

Independent documentary evidence reflecting the Business / Trading Name (for example, letterhead, proof of address, business invoice)

Business/Operating Address (only if different from registered address)

Recent documentary evidence of the business/operating address not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice etc)

Head Office Address (only if different from registered/ operating address)

Recent documentary evidence of the head office address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the CC:

Information required

Documentation required

All members of the CC:

Full Names (If a partner is an entity, please refer to the relevant entity type for details of information and documentation required for verification)

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

The person who exercises executive control over the CC (if not a member):

Full Name

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Each person authorised to establish a relationship or transact on behalf of the CC:

Full Name

Documentary evidence authorising the person to act on behalf of the CC (for example, resolution, mandate or minutes)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit

Trusts

Identity information

Documentation required

Name of Trust Address of the Master of the High Court where trust is registered, as applicable

Trust Deed Letter/s of Authority issued by the Master of the High Court to each trustee (or equivalent authorisation document as applicable in other jurisdictions).

Other Legal Entities

Identity information

Documentation required

Full Name

Constitution

other Founding Document in terms of which the entity is established

Head Office Address

Recent documentary evidence of the head office address, not older than 3 months (for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice)

In addition to the above, the identity of the parties that are “related to” the legal entity:

Information required

Documentation required

Each person authorised to establish a relationship or transact on behalf of the legal entity:

Full Name

Documentary evidence authorising the person to act on behalf of the entity (for example, resolution, mandate or minutes)

AND

For South African residents:
Identity Document (for example, passport, driver’s licence, temporary identify document, smart identity card)

For foreign residents:
Passport, asylum seeker, refugee permit or work permit