Precious Metals Act, 2005 (Act No. 37 of 2005)RegulationsPrecious Metals Regulations3. Application for refining licence |
| (1) | An application for a refining licence contemplated in section 7(1) of the Act must be completed in the form of Form PMR 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 the holder of a refining licence; |
| (d) | the full names and identity number of the managing director or member; |
| (e) | particulars of the interest held (%) in the juristic person and the name of the holder of the controlling interest; |
| (f) | an indication of the precious metals to be refined; |
| (g) | the source from which precious metals will be obtained; |
| (h) | a description of the applicant's technical ability or access to technical expertise; |
| (i) | details of the applicant's financial status; |
| (j) | details of the target market and the market requirements in respect of the precious metals concerned (if applicable); |
| (k) | particulars of any criminal record in respect of an offence for which the holder has been convicted in terms of the Act or any other law. |
| (2) | The following documents must be lodged with an application contemplated in subregulation (1): |
| (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 the company or close corporation and detailed particulars of its directors or members; |
| (d) | documentary proof of the applicant's registered business premises; |
| (e) | detailed documentary proof of the applicant's technical ability or access to appropriate expertise to conduct the refining operation; |
| (f) | documentary proof of the applicant's financial status or access to appropriate financial assistance; |
| (g) | documentary proof that the applicant has complied with the requirements of the National Environmental Management Act, 1998 (Act No. 107 of 1998); |
| (h) | 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 No. 65 of 2002); |
| (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; |
| (j) | a tax clearance certificate. |
| (3) | An application for a refining licence must be lodged with the relevant nonrefundable application fee contemplated in Annexure A. |