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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 3 : Consumer Credit Industry Regulation

Part A : Registration requirements, criteria and procedures

52. Certificate, validity and public notice of registration

 

(1) Upon registering an applicant, the National Credit Regulator must—
(a) issue a prescribed certificate of registration to the applicant, and in the case of persons contemplated in section 40(2)(c), a duplicate copy of the certificate of registration for each registered location at or from which that person conducts the registered activities;
(b) enter the registration in the register; and
(c) assign a unique registration number to that registrant.

 

(2) A registration certificate, or duplicate registration certificate issued in terms of this section must specify—
(a) the identity of the registrant;
(b) the activities that the registration permits the registrant to engage in, conduct or make available to the public; and
(c) any other prescribed information.

 

(3) A valid certificate or duplicate certificate of registration, or a certified copy of it, is prima facie proof that the registrant is registered in terms of this Act.

 

(4) A registration—
(a) takes effect on the date on which the certificate or duplicate certificate of registration is issued; and
(b) remains in effect until—
(i) the registrant is deregistered;
(ii) the registration is cancelled in terms of this Act; or
(iii) it has lapsed on the last day upon which the prescribed renewal fee should have been paid in terms of section 51(1)(c).

[Subsection (4)(b) substituted by section 19 of Act No. 19 of 2014]

 

(5) A registrant must—
(a) post the certificate or duplicate registration certificate in any premises at or from which it conducts its registered activities;
(b) reflect its registered status and registration number, in a legible typeface, on all its credit agreements and communications with a consumer;
(c) comply with its conditions of registration and the provisions of this Act;
(d) pay the prescribed annual renewal fees within the prescribed time;
(e) keep any prescribed records relating to its registered activities, in the prescribed manner and form; and
(f) file any prescribed reports with the National Credit Regulator in the prescribed manner and form.

 

(6) In addition to the requirements of subsection (5), a registered credit bureau must submit to the National Credit Regulator an annual compliance report, certified by an independent auditor, addressing the following matters:
(a) Accuracy of data received and reported by it;
(b) incidence of complaints and complaint resolution;
(c) adequacy of procedures employed by it to ensure—
(i) the accuracy of data received and reported by it;
(ii) that confidentiality of data is maintained and all relevant legislation concerning the privacy and confidentiality of information is complied with; and
(iii) that complaints are resolved; and
(d) any other related or similar matters prescribed by regulation.