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Precious Metals Act, 2005 (Act No. 37 of 2005)

Precious Metals Regulations

7. Application for precious metal beneficiation licence

 

 

(1) An application for a precious metal beneficiation licence contemplated in section 8(1) of the Act must be completed in the form of Form PMB 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 precious metal beneficiation 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 name of the holder of the controlling interest;
(f) an indication of the precious metal to be beneficiated;
(g) the source from which the precious metal will be obtained;
(h) a description of the applicant's technical ability;
(i) details of the applicant's financial status;
(j) details of the target market and the market requirements in respect of the precious metal concerned; and
(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 together 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 on behalf of the company or close corporation and detailed particulars of the directors or members of such company or 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 the beneficiation operation;
(f) documentary proof of the applicant's financial status or access to appropriate financial assistance;
(g) a business plan, inclusive of the applicant's 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 precious metal beneficiation licence must be lodged together with the relevant non-refundable application fee contemplated in Annexure A.