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Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Notices

Notice in terms of Section 43A(1) of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Notice No. 7750 of 2026

 

Notice No. 7750

31 July 2026

GG 55097

 

Department of Finance

 

1. Title

 

Directive 10 of 2026 on information pertaining to geographic locations to be provided upon registration with the Financial Intelligence Centre (Centre) in accordance with section 43B of the Financial Intelligence Centre Act, 2001 (Act 38 of 2001) (FIC Act).

 

2. Purpose

 

2.1 This Directive is issued by the Centre in terms of section 43A(1) of the FIC Act.
2.2 The purpose of this Directive is to specify, in accordance with section 43B(2) of the FIC Act, the particulars concerning the geographic location of an accountable institution’s head office, branch offices, each subsidiary’s head office, and the branch offices of such subsidiaries, in or outside the Republic of South Africa that must accompany its registration with the Centre.

 

3. Definitions

 

3.1 In this Directive ‘FIC Act’ means the Financial Intelligence Centre Act, 2001 (Act 38 of 2001) and includes any regulation or directive made under the Act, and, unless the context indicates otherwise, any word or expression to which a meaning has been ssigned in the Act has that meaning, and:
(a) “Branch office” includes, but is not limited to, a physical office of an accountable institution, that is not a separate legal entity or a separate accountable institution, and which is located elsewhere other than at the head office of the accountable institution, where business is conducted for and on behalf of the accountable institution, where the accountable institution provides products and services directly or indirectly to its clients;
(b) “Head office” means the registered address of the accountable institution and may include the place where an accountable institution's senior management and their direct support staff are located or, if they are located.
(c) “Subsidiary” means one or more subsidiary of an accountable institution, alone or in any combination where the accountable institution:
(i) Is directly or indirectly able to exercise, or control the exercise of a majority of the general voting rights associated with issued securities of that subsidiary or subsidiaries, whether pursuant to a shareholder agreement or otherwise or
(ii) Has or have the right to appoint or elect or control the appointment or election of directors of that subsidiary or subsidiaries who control a majority of the votes at meetings of the board.

 

4. Application

 

This Directive applies to every accountable institution referred to in items 1, 2, 3, 9, 11 (excluding banks, mutual banks, and co-operative bank credit providers), 14, 20, 21 and 22 of Schedule 1 of the Act.

 

5. Registration of an accountable institution to be accompanied by certain particulars

 

5.1 An accountable institution that has operations in more than one geographic location must provide the following information when it registers with the Centre in terms of section 43B(1):
(a) If the accountable institution has a head office, full particulars of the:
(i) Name of the head office
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the head office
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the Act, who may be contacted in relation to the particulars of the head office.
(b) If the accountable institution has one or more branches, in respect of each branch in the Republic, full particulars of:
(i) Name of the branch
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the branch
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the FIC Act, who may be contacted in relation to the particulars of the branch.
(c) If the accountable institution has one or more branches outside the Republic, in respect of each branch outside the Republic, full particulars of:
(i) Name of the branch
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the branch
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the FIC Act, who may be contacted in relation to the particulars of the branch,
(d) If the accountable institution has one or more subsidiaries, in respect of each subsidiary’s head office in the Republic, full particulars of:
(i) Name of the head office
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the head office
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the FIC Act, who may be contacted in relation to the particulars of the subsidiary.
(e) If the accountable institution has one or more subsidiaries outside the Republic, in respect of each subsidiary’s head office outside the Republic, full particulars of:
(i) Name of the head office
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the head office
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the FIC Act, who may be contacted in relation to the particulars of the subsidiary.
(f) If the subsidiary of the accountable institution has one or more branches in the Republic, in respect of each branch, full particulars of:
(i) Name of the branch
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the branch
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the FIC Act who may be contacted in relation to the particulars of the subsidiary.
(g) If the subsidiary of the accountable institution has one or more branches outside the Republic, in respect of each branch, full particulars of:
(i) Name of the branch
(ii) Licence number, if applicable
(iii) Registration number, if applicable
(iv) Business address of the branch
(v) Surname, first name and contact particulars of the person carrying out the compliance function in terms of section 42A(2)(b) of the FIC Act at the subsidiary, who may be contacted in relation to the particulars of the branch.

 

5.2 Accountable institutions as specified in paragraph 4, that are registered with the Centre on the date of commencement of this Directive, must update their registration by providing the particulars mentioned in paragraph 5.1 within 90 days of the date of commencement of the Directive.

 

5.3 Accountable institutions must update the particulars provided under paragraph 5.1 within 90 days after such a change.

 

6. Failure to comply with the directive

 

An accountable institution that fails to comply with any provision of this Directive is non-compliant and is subject to an administrative sanction in accordance with section 43B(2) read together with sections 61A and 45C of the FIC Act.

 

7. Commencement

 

This Directive takes effect on the date of publication in the Government Gazette.

 

 

Mr Thabiso Thiti

Director

Financial Intelligence Centre

31 July 2026