Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsRegulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022Schedule 1Part 2 : General Provisions6. Transfer of licences and permits, and changes in ownership and control |
| (1) | Applications for transfer of a licence or permit, including transfers of control or ownership must be filed using the forms, whether in paper format or electronically, accessed from the FPB’s offices on Monday to Friday, excluding public holidays, from 9h00 to 16h00 or obtained electronically from the FPB‘s website. |
| (2) | The forms must be completed in all respects, including attachments. |
| (3) | For the purposes of regulation 6 of these Regulations, use of the term "transfer", includes both transfers of the licence and permit to another person and transfers of controlling interests in a licensee and permit from one person to another. |
| (4) | An application for the transfer of a licence and permit must be made in writing, by the person to whom the licence and permit will be transferred and the application must— |
| (a) | provide a motivation as to the reason for the requested transfer; |
| (b) | identify the licence and permit including the licence and permit number to be transferred; and |
| (c) | identify the applicant. |
| (5) | If the applicant is a natural person, the following information must be furnished— |
| (a) | the full name of the applicant; |
| (b) | the identity number of the applicant; |
| (c) | the nationality of the applicant; |
| (d) | the applicant 's permanent physical address; |
| (e) | the applicant's principal place of business address; |
| (f) | the applicant's telephone and fax numbers; and |
| (g) | the applicant's e-mail address and website, if the applicant has one or both. |
| (6) | Where the applicant is a juristic person, the following information must be furnished— |
| (a) | the business name and address (including e-mail address and website) the telephone and fax numbers of the applicant, and where applicable, certified copies of all the founding documents of the applicant; |
| (b) | full names, business and residential addresses and the telephone numbers of each shareholder or member owning shares interests in the applicant; and |
| (c) | affiliated ownership interests of the applicant in other persons holding a licence in terms of the Act. |
| (7) | The applicant must identify the licensee or permit holder, in the case where the licence and permit is being transferred from one person to another or, in the case of a transfer of control, the identity of the persons transferring control of the licensee or the permit holder to the applicant. |
| (8) | In the case where the licensee or permit holder has been liquidated, the applicant must identify the liquidator, including all relevant contact details and obtain from the liquidator written consent of the transfer to the applicant. |
| (9) | In the case of a deceased estate, the executor of the deceased estate must give written consent to the transfer. |
| (10) | Except in cases involving sub-regulation 6 (8) and (9) of these Regulations, the applicant must include with its registration form an affidavit from the licensee or the permit holder or, in the case of a transfer of control, the controlling shareholders consent to the transfer of the licence or permit to the applicant. |
| (11) | The fees set out in the Films and Publications Tariff’s Regulations apply to applications for licences and permits. |
| (12) | The general filing provisions of regulation 2 apply to applications for transfer licences and permits. |