(1) | A person who applies for registration in terms of section 45 of the Act must submit to the National Credit Regulator: |
(a) | A completed application in— |
(i) | Form 2, if applying for registration as a credit provider; |
(ii) | Form 3, if applying for supplementary registration as a provider of developmental credit; |
(iii) | Form 4, if applying for registration as a debt counsellor; |
(iv) | Form 5, if applying for registration as a credit bureau; |
(v) | Form 46, if applying for registration as a payment distribution agent; or |
[Regulation 4(1)(a)((v) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
(vi) | Form 47, if applying for registration as an alternative dispute resolution agent. |
[Regulation 4(1)(a)((vI) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
(b) | Any additional documents required in the relevant application form; and |
(c) | The applicable application fee as set out in a Ministerial Notice. |
(2) | A person who applies at the same time for registration as a credit provider and for supplementary registration as a provider of developmental credit must satisfy the requirements for both applications. |
(3) | A person who applies for registration must provide any information required by the National Credit Regulator in terms of section 45(2) of the Act, within 15 business days after the request is delivered to the applicant. |
(4) | The National Credit Regulator must not register an applicant as a payment distribution agent if the information available at the time of considering the application indicates that the applicant was, but not limited to:— |
(a) | found guilty in criminal proceedings or liable in civil proceedings by a court of law or breach of fiduciary duty, taking into account the seriousness of the conduct, surrounding circumstances, explanations offered, the relevance of the offence or liability to the role applied for such as: |
(i) | whether the person has been the subject of any adverse finding or any settlement in civil proceedings related to financial or business management; |
(ii) | misconduct or fraud; or |
(iii) | license or registration certificate issued by a regulatory authority has been suspended, withdrawn or cancelled. |
(b) | Without formal qualifications, experience and competencies as prescribed in the Regulations. |
[Regulation 4(4) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]