Foreign-listed companies and their wholly owned subsidiaries
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
The following information must be obtained:
- the registered name (in country of incorporation);
- the registration number (in country of incorporation);
- the registered head office address (in country of incorporation);
- trading name (in country of incorporation)
- trading address (in country of incorporation);
- trading name in South Africa;
- address of the company office seeking the business relationship; and
- contact particulars;
Individuals associated with foreign companies
The following persons associated with a foreign company have to be identified:
- each individual who purports to be authorised to establish the relationship;
- each individual authorised to transact on behalf of the company.
The following information is required relating to the abovementioned individuals:
- 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 identification details - foreign-listed companies
Nedbank must obtain confirmation that the company is listed on a FICA-approved stock exchange.
The registered name, registration number and registered head office address of the company must be verified by looking at one of the following:
- a copy of the approved stock exchange handbook; or
- the approved stock exchange website.
Where the listing cannot be proved the company is to be treated as a non-listed company and the terms and conditions stated in this manual are to apply. Refer to Non-listed foreign companies.
Verification of wholly owned subsidiaries of listed foreign companies
In addition to the proof of the parent company's listing, proof is required that the company Nedbank is dealing with is indeed a wholly owned subsidiary of the listed company. This is achieved through verification against one of the following:
- the annual financial statements of the company; or
- the official website of the approved stock exchange; or
where the required information cannot be obtained from the above sources, the information must be verified by:
- obtaining an official document, or certified copy thereof, issued by an authority for recording the incorporation in the foreign country, witnessing its incorporation and bearing its name and number of incorporation and its address where it is situated for the purposes of its incorporation.
Non-listed companies - foreign
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
Nedbank must obtain the following information from a foreign company not listed on a FICA-approved stock exchange:
- name under which incorporated;
- number under which incorporated;
- registered address where it is situated for purposes of incorporation;
- name under which it conducts business in the country of incorporation;
- name under which it conducts business in South Africa;
- address from which it operates in the country of incorporation. If multiple addresses, the address of its head office;
- address from which it operates in South Africa. If it operates from multiple addresses, the address of the office seeking to establish the relationship;
- nature of business activity; and
- contact particulars.
Individuals associated with non-listed foreign companies
The following persons associated with a foreign company have to be identified:
- the manager in respect of its affairs in South Africa;
- each individual who purports to be authorised to establish the relationship with Nedbank;
- each individual authorised to transact on behalf of the company;
- each individual holding 25% or more of the voting rights in the company.
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
- 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 registered information - foreign company
Verifying registration name and address
Verification of business name and address - country of incorporation - foreign company
Business name and address of country of incorporation
Verification of legal entities holding 25% or more shares in a non-listed foreign company
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. |