Precious Metals Act, 2005 (Act No. 37 of 2005)RegulationsPrecious Metals Regulations18. Application for special permit |
| (1) | An application for a special permit contemplated in section 4(1)(e) or 5(1)(e) of the Act must be completed in the form of Form PMS contained in Annexure C, and must contain— |
| (a) | in the case of a natural person, the name, surname and identity number of the applicant; or |
| (b) | in the case of a company or close corporation, the name and registration number of the company or close corporation; and |
| (c) | the physical address of the premises on which the applicant will conduct business as a holder of a special permit contemplated in section 4(1)(e) or 5(1)(e) of the Act; |
| (d) | the full name and identity number of the managing director or member; |
| (e) | particulars of the interest held (%) in the juristic person and name of the holder of the controlling interest; |
| (f) | an indication of the precious metals to be acquired; |
| (g) | the purpose for which the precious metals will be used; |
| (h) | the period for which the special permit is required; |
| (i) | the reason for acquiring the unwrought precious metals; |
| (j) | the mass of the unwrought precious metals to be acquired; |
| (k) | a description of the applicant's technical ability; |
| (l) | details of the applicant's financial status; |
| (m) | details of the target market and the market requirements in respect of the precious metals concerned; and |
| (n) | particulars of the criminal record, if any, in respect of any offence for which the holder has been convicted in terms of the Act or any other law. |
| (2) | The following documents must be lodged together with the application: |
| (a) | in the case of a natural person, a certified copy of the applicant's identity document; or |
| (b) | in the case of a company or close corporation, certified copies of the certificate of incorporation and the articles of association or the founding statement; and |
| (c) | documentary proof that the person applying in a representative capacity on behalf of a company or close corporation has obtained the necessary authority to apply in that capacity on behalf of such company or close corporation and detailed particulars of the directors of such company or the members of such close corporation; |
| (d) | documentary proof of the registered business premises; |
| (e) | detailed documentary proof of the applicant's technical ability or access to appropriate expertise to conduct a scientific or beneficiation operation or to make jewellery; |
| (f) | documentary proof of the applicant's financial status or access to appropriate financial support; |
| (g) | the applicant's business plan, inclusive of measures to comply with the broad-based socio-economic empowerment charter developed in terms of section 100 of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002); |
| (h) | a tax clearance certificate; and |
| (i) | an original police clearance certificate of the applicant or, in the case of a company or close corporation, of any director or member involved in the management of such company or close corporation. |
| (3) | An application for a special permit contemplated in section 4(1)(e) or 5(1 )(e) of the Act must be lodged together with the relevant non-refundable application fee contemplated in Annexure A. |