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Table of Contents
National Credit Act, 2005 (Act No. 34 of 2005)
Notice No. 230 of 2006
Act
Chapter 1 : Interpretation, Purpose and Application of Act
Part A : Interpretation
1. Definitions
2. Interpretation
Part B : Purpose and Application
3. Purpose of Act
4. Application of Act
5. Limited application of Act to incidental credit agreements
6. Limited application of Act when consumer is juristic person
7. Threshold determination and industry tiers
Part C : Classification and categories of credit agreements
8. Credit agreements
9. Categories of credit agreements
10. Developmental credit agreements
11. Public interest credit agreements
Chapter 2 : Consumer Credit Institutions
Part A : National Credit Regulator
12. Establishment of National Credit Regulator
13. Development of accessible credit market
14. Registration functions of National Credit Regulator
15. Enforcement functions of National Credit Regulator
15A. Other functions of National Credit Regulator
16. Research and public information
17. Relations with other regulatory authorities
18. Reporting requirements of National Credit Regulator
19. [Repealed] Governance of National Credit Regulator
20. [Repealed] Qualifications for Board membership
21. [Repealed] Conflicting interests of members of Board
22. [Repealed] Resignation, removal from office and vacancies
23. Appointment of Chief Executive Officer
24. Conflicting interests
25. Appointment of inspectors and investigators
Part B : National Consumer Tribunal
26. Establishment and constitution of Tribunal
27. Functions of Tribunal
28. Qualifications of members of Tribunal
29. Term of office of members of Tribunal
30. Deputy Chairperson of Tribunal
31. Tribunal proceedings
32. Conflicts and disclosure of interest
33. Acting by member of Tribunal after expiry of term of office
34. Remuneration and benefits
Part C : Administrative Matters
35. Finances
36. Reviews and reports to Minister
Part D : National and provincial co-operation
37. Co-operative exercise of concurrent jurisdiction
38. Information sharing
Chapter 3 : Consumer Credit Industry Regulation
Part A : Registration requirements, criteria and procedures
39. Limited application of this Part
40. Registration of credit providers
41. Supplementary registration to provide developmental credit
42. Thresholds applicable to credit providers
43. Registration of credit bureaux
44. Registration of debt counsellors
44A. Registration of payment distribution agents
45. Application for registration
46. Disqualification of natural persons
47. Disqualification of juristic persons and associations
48. Conditions of registration
48A. Code of Conduct
49. Variation of conditions of registration
50. Authority and standard conditions of registration
51. Application, registration and renewal fees
52. Certificate, validity and public notice of registration
53. National record of registrations
Part B : Compliance procedures and cancellation of registration
54. Restricted activities by unregistered persons
55. Compliance notices
56. Objection to notices
57. Cancellation of registration
58. Voluntary cancellation of registration
58A. Additional requirements for cancellation
59. Review or appeal of decisions
Chapter 4 : Consumer Credit Policy
Part A : Consumer Rights
60. Right to apply for credit
61. Protection against discrimination in respect of credit
62. Right to reasons for credit being refused
63. Right to information in official language
64. Right to information in plain and understandable language
65. Right to receive documents
66. Protection of consumer credit rights
Part B : Confidentiality, personal information and consumer credit records
67. Conflicting legislation
68. Right to confidential treatment
69. National register of credit agreements
69A. National record of debt intervention
70. Credit bureau information
71. Removal of record of debt adjustment or judgment
71A. Automatic removal of adverse consumer credit information
72. Right to access and challenge credit records and information
73. Verification, review and removal of consumer credit information
Part C : Credit marketing practices
74. Negative option marketing and opting out requirements
75. Marketing and sales of credit at home or work
76. Advertising practices
77. Required marketing information
Part D : Over-indebtedness and reckless credit
78. Application and interpretation of this Part
79. Over-indebtedness
80. Reckless credit
81. Prevention of reckless credit
82. Assessment mechanisms and procedures
82A. Report and investigation of reckless credit agreement
83. Declaration of reckless credit agreement
84. Effect of suspension of credit agreement
85. Court may declare and relieve over-indebtedness
86. Application for debt review
86A. Application for debt intervention
87. Magistrate’s Court or Tribunal may re-arrange consumer's obligations
87A. Other orders related to debt intervention
88. Effect of debt review or re-arrangement order or agreement
88A. Effect of debt intervention
88B. Application for rehabilitation
Chapter 5 : Consumer Credit Agreements
Part A : Unlawful agreements and provisions
89. Unlawful credit agreements
90. Unlawful provisions of credit agreement
91. Prohibition of unlawful provisions in credit ...
Part B : Disclosure, form and effect of credit agreements
92. Pre-agreement disclosure
93. Form of credit agreements
94. Liability for lost or stolen cards or other identification devices
95. Changes, deferrals and waivers
96. Address for notice
97. Consumer must disclose location of goods
98. Agreement attaches to substituted goods
99. Obligations of pawn brokers
Part C : Consumer’s liability, interest, charges and fees
100. Prohibited charges
101. Cost of credit
102. Fees or charges
103. Interest
104. Changes to interest, credit fees or charges
105. Maximum rates of interest, fees and charges
106. Credit insurance
Part D : Statements of account
107. Limited application of this Part
108. Statement of account
109. Form and content of statement of account
110. Statement of amount owing and related matters
111. Disputed entries in accounts
112. Dating and adjustment of debits and credits in accounts
113. Statement of settlement amount
114. Tribunal may order statement to be provided
115. Disputes concerning statements
Part E : Alteration of credit agreement
116. Alteration of original or amended agreement document
117. Changes by agreement
118. Reductions to credit limit under credit facility
119. Increases in credit limit under credit facility
120. Unilateral changes by credit provider
Part F : Rescission and termination of credit agreements
121. Consumer's right to rescind credit agreement
122. When consumer may terminate agreement
123. Termination of agreement by credit provider
Chapter 6 : Collection, Repayment, Surrender and Debt Enforcement
Part A : Collection and repayment practices
124. Charges to other accounts
125. Consumer's or guarantor's right to settle agreement
126. Early payments and crediting of payments
126A. Restrictions on certain practices relating to ...
126B. Application of prescription on debt
Part B : Surrender of goods
127. Surrender of goods
128. Compensation for consumer
Part C : Debt enforcement by repossession or judgment
129. Required procedures before debt enforcement
130. Debt procedures in a Court
131. Repossession of goods
132. Compensation for credit provider
133. Prohibited collection and enforcement practices
Chapter 7 : Dispute Settlement other than debt enforcement
Part A : Alternative dispute resolution
134. Alternative dispute resolution
134A. Registration and accreditation of alternative ...
134B. Deregistration of alternative dispute resolution agents
135. Dispute resolution may result in consent order
Part B : Initiating complaints or applications
136. Initiating a complaint to National Credit Regulator
137. Initiating applications to Tribunal
138. Consent orders
Part C : Informal resolution or investigation of complaints
139. Investigation by National Credit Regulator
140. Outcome of complaint
141. Referral to Tribunal
141A. Extended application of this Part
Part D : Tribunal consideration of complaints, applications and referrals
142. Hearings before Tribunal
143. Right to participate in hearing
144. Powers of member presiding at hearing
145. Rules of procedure
146. Witnesses
147. Costs
148. Appeals and reviews
Part E : Tribunal orders
149. Interim relief
150. Orders of Tribunal
151. Administrative fines
152. Status and enforcement of orders
Chapter 8 : Enforcement of Act
Part A : Searches
153. Authority to enter and search under warrant
154. Powers to enter and search
155. Conduct of entry and search
Part B : Offences
156. Breach of confidence
157. Hindering administration of Act
157A. Offences related to debt intervention
157B. Offences related to credit agreements generally
157C. Offences related to registration
157D. Offence by non-natural person
158. Failure to attend when summoned
159. Failure to answer fully or truthfully
160. Offences relating to regulator and Tribunal
161. Penalties
162. Magistrate's Court jurisdiction to impose penalties
Part C : Miscellaneous matters
163. Agents
164. Civil actions and jurisdiction
165. Variation of order
166. Limitations of bringing action
167. Standard of proof
168. Serving documents
169. Proof of facts
170. Credit provider to keep records
Chapter 9 : General Provisions
171. Regulations
172. Conflicting legislation, consequential amendments, repeal of laws and transitio
173. Short title and commencement
Schedules
Schedule 1 : Rules concerning conflicting legislation
Schedule 2 : Amendment of laws
Schedule 3 : Transitional provisions
Regulations
National Credit Regulations, 2006
Notice No. R. 489 of 2006
Chapter 1 : Interpretation and Application of Act
1. Definitions
2. Application of Act
3. Extension of prescribed time periods
Chapter 2 : Registration Requirements, Criteria and Procedures
Part A : Registration requirements for all registrants
4. Application for registration
5. Disqualification of natural persons from registration
6. Conditions of registration
7. Review of conditions of registration
8. Certificate of registration
Part B : Cancellation of registration
9. Voluntary cancellation of registration
Part C : Debt Counsellor
10. Further criteria for registration as a debt counsellor
10A. Payment distribution agent
10B. Alternative disputes resolution agent
11. Receiving of funds by a debt counsellor
Part D : Compliance procedures
12. Appointment of inspectors and investigators
13. Notice to unregistered persons who are conducting registered activities
14. Compliance notice to registrants
15. Objection to notices
16. Administrative fines
Chapter 3 : Consumer Credit Policy
Part A : Credit Information
17. Retention periods for credit bureau information
18. Maintenance and retention of consumer credit information by credit bureaux
19. Submission of consumer credit information to credit bureau
Part B : Consumer rights
20. Right to access and challenge credit records and information
Part C : Credit marketing practices
21. Required content for advertising practices
22. Required format for advertising practices
Part D : Over-indebtedness, reckless lending and debt counselling
23. Reckless lending
23A. Criteria to conduct affordability assessment application
24. Application for debt review
25. Letter of rejection
26. Debt restructuring by court order
27. Clearance Certificate
Chapter 4 : Consumer Credit Agreements
Part A : Pre-agreement disclosure
28. Pre-agreement statement and quotation for small agreements
29. Pre-agreement statement and quotation for intermediate or large agreements
Part B : Form of credit agreements
30. Prescribed form for small agreements
31. Requirements for intermediate or large agreements
32. Unlawful provisions of a credit agreement
33. Credit Insurance
34. Disclosure of location of goods
35. Statement of account
36. Changes to interest
37. Consumer's right to rescind a credit agreement
38. Charges to other accounts
Chapter 5 : Interest and Fees
Part A : Interpretation
39. Definitions
Part B : General Stipulations
40. Interest calculation
41. Dates upon which fees become due and payable
Part C : Interest applicable to different products
42. Maximum prescribed interest and initiation fees
43. Supplementary conditions on the application of the maximum initiation fee
44. Maximum service fee
45. Periodic review of limitations on fees and interest rata
Part D : Other fees, costs and charges
46. Default Administration Charges
47. Collection Costs
48. Other Charges
Chapter 5 : Requirements and standards for training for registrants
Chapter 6 : Dispute Resolution
49. Failed alternative dispute resolution
50. Initiating a complaint to the National Credit Regulator
51. Initiating applications to Tribunal
52. Notice of non-referral
53. Application for referral to a different consumer court or the Tribunal
54. Referral to the Tribunal
Chapter 6 : Non-compliance in terms of these Regulations
Chapter 7 : Record Keeping and Registers
Part A : Record-keeping
55. Records of registered activities to be retained by registrants
56. Time for keeping records of credit applications and agreements by credit provide
Part B : Registers
57. National record of registration
58. Register of marketing options
59. Register of Agents
60. Other Registers to be kept by Registrants
61. Identity card of agents
Chapter 8 : Compliance and Reporting
Part A : Registered credit providers’ compliance reports
62. Statutory Reporting
63. Compliance Report
64. Statistical Return
65. Annual Financial Statements
66. Annual Financial and Operational Return
67. Responsibility for Assurance Engagement
68. Assurance Engagement
Part B : Debt counsellor compliance reports
69. Annual compliance report and statistical return by debt counsellor
Part C : Credit bureau compliance reports
70. Annual compliance report by credit bureau
71. Quarterly synoptic report by credit bureau
Part D : Insurers’ Periodic Synoptic Report
72. Submission of periodic synoptic report by insurer
Chapter 9 : Transitional Provisions
73. General preservation of regulations, rights, duties, notices and other instructions
Chapter 10 : Prescribed Forms
74. Forms
75. Use of Forms
76. Electronic submission of Forms
Schedules
Schedule 1 : Prescribed forms
NCR Form 1
NCR Form 2
NCR Form 2 (Page 1)
NCR Form 2 (Page 2)
NCR Form 2 (Page 3)
NCR Form 2 (Page 4)
NCR Form 2 (Page 5)
NCR Form 2 (Page 6)
NCR Form 2 (Page 7)
NCR Form 3
NCR Form 3 (Page 1)
NCR Form 3 (Page 2)
NCR Form 3 (Page 3)
NCR Form 4
NCR Form 4 (Page 1)
NCR Form 4 (Page 2)
NCR Form 4 (Page 3)
NCR Form 4 (Page 4)
NCR Form 4 (Page 5)
NCR Form 5
NCR Form 5 (Page 1)
NCR Form 5 (Page 2)
NCR Form 5 (Page 3)
NCR Form 5 (Page 4)
NCR Form 5 (Page 5)
NCR Form 5 (Page 6)
NCR Form 5 (Page 7)
NCR Form 6
NCR Form 7
NCR Form 8
NCR Form 9
NCR Form 10
NCR Form 11
NCR Form 12
NCR Form 13
NCR Form 14
NCR Form 14 (Page 1)
NCR Form 14 (Page 2)
NCR Form 15
NCR Form 16
NCR Form 16 (Page 1)
NCR Form 16 (Page 2)
NCR Form 16 (Page 3)
NCR Form 17.1
NCR Form 17.2
NCR Form 18
NCR Form 19
NCR Form 20
NCR Form 20.1
NCR Form 20.1 (Page 1)
NCR Form 20.1 (Page 2)
NCR Form 20.2
NCR Form 20.2 (Page 1)
NCR Form 20.2 (Page 2)
NCR Form 21
NCR Form 22
NCR Form 23
NCR Form 24
NCR Form 25
NCR Form 26
NCR Form 27
NCR Form 28
NCR Form 29
NCR Form 30
NCR Form 31
NCR Form 32
NCR Form 33
NCR Form 34
NCR Form 34.1
NCR Form 35
NCR Form 36
NCR Form 37
NCR Form 38
NCR Form 39
NCR Form 39 (Page 1)
NCR Form 39 (Page 2)
NCR Form 39 (Page 3)
NCR Form 39 (Page 4)
NCR Form 39 (Page 5)
NCR Form 39 (Page 6)
NCR Form 39 (Page 7)
NCR Form 39 (Page 8)
NCR Form 39 (Page 9)
NCR Form 39 (Page 10)
NCR Form 39 (Page 11)
NCR Form 39 (Page 12)
NCR Form 39 (Page 13)
NCR Form 39 (Page 14)
NCR Form 40
NCR Form 40 (Page 1)
NCR Form 40 (Page 2)
NCR Form 40 (Page 3)
NCR Form 40 (Page 4)
NCR Form 41
NCR Form 42
NCR Form 42 (Page 1)
NCR Form 42 (Page 2)
NCR Form 42 (Page 3)
NCR Form 42 (Page 4)
NCR Form 42 (Page 5)
NCR Form 43
NCR Form 43 (Page 1)
NCR Form 43 (Page 2)
NCR Form 43 (Page 3)
NCR Form 43 (Page 4)
NCR Form 43 (Page 5)
NCR Form 43 (Page 6)
NCR Form 44
NCR Form 44 (Page 1)
NCR Form 44 (Page 2)
NCR Form 44 (Page 3)
NCR Form 45
NCR Form 46
NCR Form 47
Schedule 2 : Prescribed Fees
Prescribed Fees
Payment Distribution Fees
Alternative Dispute Resolution Fees
Annexure A : Forms
Declaration of Consumer's Necessary Expense Questionnaire
National Credit Regulator
Free Credit Records Regulations, 2006
Notice No. R.949 of 2006
Time-Frame and Schedule prescribed in terms of section 73(1)(b)
1. Definitions
2. Application fee prescribed in terms of section 51(1)(a)
3. Initial registration fee prescribed in terms of section 51(1)(b)
4. Annual registration renewal fee prescribed in terms of section 51(1)(c)
Consumer Credit Information Regulations, 2006
Notice No. R.1209 of 2006
Schedules
Schedule 1
Schedule 2
Debt Counselling Regulations, 2012
Notice No. R. 362 of 2012
1. Definitions
2. Application by a debt counsellor for orders contemplated in section 86(7)(c) of the Act
3. Application by a debt counsellor for confirmation of a consent order contemplated in section 86(8)(a), read with section 138 of the Act
4. Application by a consumer in terms of sections 86(9) and 86(7)(c) of the Act
5. Short title and commencement
Removal of Adverse Consumer Credit Information and Information Relating to Paid Up Judgements
Notice No. R. 144 of 2014
1. Definitions
2. Requirements, processes and timeframes for Credit Bureaus
3. Submission and utilisation of adverse consumer credit information by Credit Providers
4. Reporting and Monitoring
5. Consumer duties and obligations
6. Information and Complaints
7. Non-adherence
8. Title and effective date
Notices
Determination of Thresholds
Notice 713 of 2006
Determination of a Threshold for Credit Provider Registration
Notice No. 513 of 2016
Guideline for the Submission of Credit Information in terms of Regulation 19(13) of the National Credit Act, 34 of 2005, as amended
Notice No. 873 of 2017
1. Definitions pursuant to Regulation 19(13)
2. Reporting of credit information by credit providers
3. The form and manner of reporting credit information
4. Timeframes for reporting credit information
5. Guideline 4(1) to 4(5)
6. Effective date
Annexure
Annexure A : Data Format prescribed by the National Credit Regulator
Rules
Regulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer Tribunal, 2007
Notice No. 789 of 2007
Part A : Interpretation and definitions
1. Definitions
Part B : Access to and Functions of the Tribunal
2. Office hours and address of the Tribunal
3. Powers of the Tribunal
Part C : Applications
4. Proceedings before the Tribunal
4A. Representative or class proceedings
5. Fees
6. Notification of parties and service of application documents
7. Filing an application
8. Incomplete applications
9. Deemed applications
10. Applications in respect of matters not provided for in the rules
11. lnterventions by notice
12. lnterventions by application
13. Opposing an application or referral
14. Reply by Applicant
15. Amendment of documents
16. Joinder or substitution of parties
16A. Consolidation of matters
Part D : Hearings
17. Pre-hearing procedures
17A. Summoning of witnesses
17B. Expert witnesses
18. Set downs and postponements
19. Withdrawal of matters
20. Consent orders
21. Hearings
22. Settlement conference
23. Record of hearing
24. Non-appearance
24A. Variation or rescission of Tribunal orders
25. Orders and awards of the Tribunal
26. Appeals
27. Decisions of the Appeal panel
28. Rules relating to court orders and court notices
29. Certificate of prohibited or required conduct
Part E : General Rules
30. Service and proof of service of documents
31. Delivery of documents
32. Confidential information
33. Representation of parties
34. Condonation of late filing and non-compliance with rules
35. Payments and remittances
36. Access to Tribunal records
37. Powers of the Chairperson to deviate from certain rules
38. Forms
39. Short title
Schedule 1
Prescribed forms in the conduct of matters before the National Consumer Tribunal and Tables 1 and 2
Part 1 : Applications that may be made directly to the Tribunal
Form TI.55(6)
Form TI.57(1)
Form TI.59(1)
Form TI.63(5)
Form TI.71(3)
Form TI.99(2)
Form TI.114(1)
Form TI.115(1)
Form TI.128(1)
Form TI.138(1)
Form TI.142(3)(f)
Form TI.148(1)
Form TI.165
Form TI.164(3)(b)
Form TI.60(3) & 101 CPA
Form TI.80(5) CPA
Form TI.100(6) CPA
Form TI.102(3)(b) CPA
Part 2 : Matters originating as complaints
Form TI.73(2)(b) CPA
Form TI.73(3) & 75(1)(b) & (2) CPA
Part 3 : Disputes between consumers and credit providers referred to the Tribunal upon failure of ADR
Form TI.137(3)
Part 4 : Interim relief in respect of a complaint referral
Form TI.149(1)
Part 5 : Procedural matters
Form TI.r4
Form TI.R4A CPA
Form TI.r11
Form TI.r12
Form TI.r15
Form TI.144
Form TI.r25(2)
Form TI.r30A
Form TI.r30
Form TI.r34
Form TI.r35
Part 6 : Appeals and variation orders
Form TI.148(1)
Form TI.165
Part 7 : Distribution orders
Form TI.127(6)
Part 8 : Notice issued by the Tribunal in terms of Section 164(3)(b)
Form TI.164(3)
Tables
Table 1A
Table 1B
Table 2
Part 1A : Applications directly to the Tribunal
Part 1B : Applications directly to the Tribunal in terms of the CPA
Part 2A : Complaint referrals (matters originating as complaints to the Regulator)
Part 2B : Complaint referrals (matters originating as complaints to the Commission) in terms of the CPA
Part 3 : Disputes between consumers and credit providers referred after failure of ADR
Part 4A : Interim relief in respect of a complaint referral
Part 4B : Interim relief in respect of a complaint referral in terms of the CPA
Part 5 : Procedural matters
Part 6 : Appeals and variation orders
Part 7 : Distribution order in respect of remittances
Table 3 : Oaths and affirmations
Proclamations
Commencement of the National Credit Amendment Act, 2014 (Act No. 19 of 2014)
Notice No. R.10 of 2015
"complainant"
means a person who has filed a complaint in terms of
section 136(1)
;
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