KYC requirements for partnerships
The KYC (know-your-customer) requirements to establish (i.e. obtain) and verify (i.e. validate) information for partnerships are set out in regulations 13 and 14 of FICA (the Financial Intelligence Centre Act, 38 of 2001).
Certain partnerships (as we understand/know them) are excluded from the FICA definition of partnerships. These partnerships are not excluded from KYC but are rather subject to a different set of KYC 'rules', under the category of other legal persons.
These partnerships are as follows:
- Professional partnerships, consisting of more than twenty (20) partners, which are incorporated in terms of section 30(2) of the Companies Act, 61 of 1973 as 'Professional Partnerships', limited by partners' liability, and which are recognised as such in terms of Government Gazette notice(s) issued from time to time, as follows:
- Public accountant or auditor designated by Government Gazette notice number R54 dated 11 January 1974;
- Attorney, Notary and Conveyancer designated by Government Gazette notice number R57 dated 11 January 1974;
- Professional engineer designated by Government Gazette notice number R1813 dated 26 September 1975;
- Quantity surveyor designated by Government Gazette notice number R2391 dated 19 December 1975;
- Pharmacist designated by Government Gazette notice number R1194 dated 13 June 1980;
- Stockbroker designated by Government Gazette notice number R89 dated 22 January 1982;
- Architect designated by Government gazette notice number R2398 dated 23 October 1987;
- Medical practitioner, dentist or psychologist 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 Gazette notice number R1272 dated 2 August 1996.
- Informal associations of individuals, for a common purpose/goal, where there are more than 20 individuals involved in such an informal association - i.e. stokvels, savings clubs, burial societies, etc.;
The abovementioned partnerships need to satisfy the KYC requirements for other legal persons.
The KYC requirements, for all other partnerships
Establish (i.e. obtain)
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Verify (i.e. validate)
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Business name (i.e. operating name)
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Partnership agreement, or (if no partnership agreement exists) a letter from the partnership confirming that no written partnership agreement exists, identifying the business name (i.e. operating name) of the partnership
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Business address (i.e. operating address)
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Does not need to be verified
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Contact details (e.g. name, telephone number(s), email address, etc.)
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The KYC requirements for partnerships, also requires First National Bank to establish and verify information in respect of individual persons who are connected to- and/or who represent- the partnership. These 'connected persons' are as follows:
Individuals (i.e. natural persons)
- The person who exercises overall executive control over the partnership;
- All partners in the partnership (including silent partners, every member of a partnership en commandite, an anonymous partnership or any similar partnership) that are individuals (i.e. natural persons); and
- Agent(s) (i.e. the person/s authorised to open and/or maintain a banking relationship on behalf of the partnership in terms of a resolution, power of attorney, etc.).
Non-individuals (i.e. businesses and legal persons)
All partners in the partnership (including silent partners, every member of a partnership en commandite, an anonymous partnership or any similar partnership) that are non-individuals (i.e. businesses and legal persons).
The KYC requirements, for individuals (i.e. natural persons) who are connected to partnerships, are as follows:
Establish (i.e. obtain)
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Verify (i.e. validate)
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Full names
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Date of birth
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South African issued green bar-coded identity document (for SA citizens and/or SA residents) or valid passport (for non-SA citizens and non-SA residents)
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Nationality
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Identifying number
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Residential address
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Does not need to be verified
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Contact details (e.g. name, telephone number(s), email address, etc.)
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Does not need to be verified
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The KYC requirements, for non-individuals (i.e. businesses and legal persons) that are connected to partnerships, depend on the category/type of non-individual concerned.
General KYC requirements
Establish (i.e. obtain)
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Verify (i.e. validate)
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Legal form
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Registered name (if applicable)
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Founding documents (i.e. document/s used to register/incorporate the non-individual entity)
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Registration number (if applicable)
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Registered address (if applicable)
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Official document reflecting registered address
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Business name (i.e. operating name)
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If the business name (i.e. operating name) and/or business address (i.e. operating address) is/are different to the registered name and/or registered address, an approved document to verify physical address , reflecting at least the business name (i.e. operating name) and (physical) business address
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Business address (i.e. operating address)
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Head office address
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If the head office address is different to the registered address and/or business address (i.e. operating address), an approveddocument to verify physical address, reflecting at least the business name (i.e. operating name) and (physical) head office address
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Contact details (e.g. name, telephone number(s), email address, etc.)
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Does not need to be verified
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