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
- Certified copy of green barcoded RSA Identity Document OR RSA valid passport OR RSA valid driver’s licence OR valid temporary identify document OR both sides of the Smart identity card
- An affidavit with supporting information if your Identity Document has been lost or stolen
- Certified proof of residential address, not older than 3 months, reflecting the client’s name, date and residential address for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice etc
Individual (Foreign National)
- Valid passport OR valid asylum seeker or refugee permit OR valid work permit
- Certified proof of residential address, not old than 3 months, reflecting the client’s name, date and residential address for example, utility bill, bank statement, valid lease agreement, municipal rates and taxes invoice etc
Company – incorporated pre 11 May 2011
- Certificate of Incorporation (CM1)
- Certificate of change of name of company (CM9) (if applicable)
- Notice of Registered Office and Postal Address (CM22)
- Contents of Register of Directors, Auditors and Officers (CM29)
- Proof of business address of the Company e.g. utility bill (not older than 3 months) reflecting the name and business address
- Resolution specifying who is authorized to act on behalf of the company
- Confirmation of shareholding
- Identity document(s) of the authorised signatories, person(s) managing the company and individuals holding 25% or more of the voting rights in the company
- Written confirmation of the residential address and contact particulars of the authorised signatories, person(s) managing the company and individuals holding 25% or more of the voting rights in the company
- Same requirements for legal persons holding 25% or more shareholding
- Written confirmation of business addresses and contract particulars of the legal person(s) holding 25% or more of the voting rights in the company
Company – incorporated post 11 May 2011
- Notice of Incorporation (CoR 14.1)
- Certificate of Registration (CoR 14.3)
- Certificate of name change (CoR 14.3) where the company has changed its name
- Notice of registered office and postal address (CoR 21.1)
- Proof of business address of the company e.g. utility bill (not older than 3 months) reflecting the name of the company & the business address
- Resolution specifying who is authorised to act on behalf of the company
- Confirmation of shareholding
- Identity documents of the persons managing the company, authorised signatories and individuals holding 25% or more of the voting rights
- Written confirmation of the residential address and contact particulars of the authorised signatories, person(s) managing the company and individuals holding 25% or more of the voting rights in the company
- The same requirements for legal persons holding 25% or more shareholding
- Written confirmation of the business address and contact particulars of the person(s) holding 25% or more of the voting rights in the company
Other Legal Person
(Other legal persons as defined law or created by South African statute e.g: Pension and Provident Funds, Government agencies, Religious organisations, Educational organisations, Welfare organisations)
- Founding document
- Proof of business address e.g. utility bill (not older than 3 months) reflecting the name and business address
- Resolution specifying who is authorised to act on behalf of the entity
- Identity document of the person(s) authorised to act on behalf of the entity e.g. Identity document
- Written confirmation of the residential address and contact particulars of the person(s) authorised to act on behalf of the entity
Trust
- Trust Deed or other founding document
- Letter of Authority by the Master of the High Court
- Resolution specifying who is authorised to act on behalf of the Trust
- Certified copies of identity documents of persons authorised to act on behalf of the Trust
- Certified copies of proof of residential addresses and contact particulars of persons authorised to act on behalf of the Trust
- Identity documents for the founder of the Trust, all of the trustees and beneficiaries
- Written confirmation of the residential address and contact particulars for the founder of the Trust, all of the trustees and beneficiaries
Partnership
- Partnership Agreement
- In respect of each partner who is a natural person, certified copy of Identity document and proof of residential address (not older than 3 months)
- In respect of each partner who is a juristic person, certification of incorporation, Trust Deed or Partnership Agreement and proof of residential address (not older than 3 months)
- Proof of physical address of the Partnership
- Resolution specifying who is authorised to act on behalf of the Partnership and identity document
- Certificate of Incorporation, Trust Deed or Partnership Agreement of the legal persons who exercise executive control over the Partnership
- Identity document of the natural persons who exercise executive control over the Partnership
Body Corporate
- Registration documents for Body Corporate
- Certified proof of physical address for the Body Corporate
- Resolution appointing the authorised representative of the Body Corporate
Certified copy of the identity document and proof of residence (not older than 3 months) for the authorised representative
Foreign Company
- Company statutory documents – Certificate of Registration, Memorandum of Incorporation, Certificate of Name Change (if applicable) and signed by a director of the company;
- Proof of physical operating address (not older than 3 months)
- Letter from the Auditors confirming shareholding
- Directors resolution appointing the authorised representative of the Company
- Certified copy of the identity document and proof of residential address (not older than 3 months) of the authorised representative
- In respect of any individual or entity holding 25% or more in the Company:
- Certified copy of the identity document and proof of residence
- And, if applicable:
- Company statutory documents – Certificate of Registration, Memorandum of Incorporation, Certificate of Name Change (if applicable) and signed by a director of the company
- Proof of physical operating address, e.g. invoice, rates bill etc.
- SARS issued document confirming Income Tax and VAT registration number
- Letter from the Auditors confirming shareholding
- Directors resolution appointing the authorised representative of the Company
- Certified copy of the Identity Document of the authorised representative
- Certified proof of residential address of the authorised person
Close Corporation
- Founding statement and Certificate of Incorporation (CK1) signed by the authorized member
- Latest amended funding statement (CK2) if applicable, signed by the authorized member
- Certified proof of registered address of CC
- Resolution appointing the authorised representative of the CC
- Certified copy of the identity document and proof of residence (not older than 3 months) for the authorised representative
- Certified copy of the identity document and proof of residence (not older than 3 months) for the members of the CC