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Act Companies Amendment Act 2023

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Blky Dlamini
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0% found this document useful (0 votes)
36 views4 pages

Act Companies Amendment Act 2023

Uploaded by

Blky Dlamini
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

B01 IN ACCORDANCE WITH THE

COMPANIES AMENDMENT ACT NO.4


BENEFICIAL OWNERSHIP (BO) OF 2023, CLOSE CORPORATION
AMENDMENT ACT NO. 5 OF 2023 &
DECLARATION FORM FINANCIAL INTELLIGENCE ACT 2012

PLEASE READ THE INSTRUCTIONS BELOW (PART C) AND TICK APPROPRIATELY


COMPLETE FORM WITH BLACK INK IN BLOCK LETTERS – NO ABBREVIATIONS

PART A – ENTITY PARTICULARS


REGISTRATION OF NEW COMPANY

1. PURPOSE OF BENEFICIAL OWNERSHIP INFORMATION SUBMISSION REGISTRATION OF NEW CLOSE CORPORATION


(PLEASE TICK)
SUBMISSION OF ANNUAL RETURNS / DUTY

COMPANY/CLOSE CORPORATION UPDATES AND AMENDMENTS

2. ENTITY INFORMATION
I. FULL LEGAL NAME OF ENTITY: II. TIN OF ENTITY (IF ANY):

III. ENTITY REGISTRATION NUMBER (IF ANY): IV. COUNTRY OF INCORPORATION:

3. TYPE OF ENTITY (PLEASE TICK AGAINST THE CORRECT BOX) PUBLIC COMPANY (LTD)
PRIVATE COMPANY (PTY (LTD))
SECTION 21 COMPANY (NGO)
FOREIGN ENTITY
CLOSE CORPORATION
4. BENEFICIAL OWNERS (SEE INSTRUCTIONS ON PAGE 4)
THE ABOVE-MENTIONED ENTITY HAS THE FOLLOWING BENEFICIAL OWNERS [Please see Part C (2) (e)]

TYPE OF BENEFICIAL OWNERSHIP


NAME OF BENEFICIAL OWNER (ONLY TICK ONE COLUMN FOR EACH BENEFICIAL OWNER)

1 2 3 4 5 6 7 8

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PART B – BENEFICIAL OWNER PARTICULARS [IF MORE THAN ONE BENEFICIAL OWNER, PLEASE PRINT AND COMPLETE PART B FOR
EACH BENEFICIAL OWNER]
1. BENEFICIAL OWNER PARTICULARS
I. FIRST NAME: II. SURNAME:

III. ANY PREVIOUS NAME (E.G., MAIDEN NAME): IV. DATE OF BIRTH (DD-MM-YYYY):

V. PLACE OF BIRTH: VI. NATIONALITY:

VII. RESIDENTIAL ADDRESS (INCLUDING STREET NAME, CITY, VIII. BUSINESS ADDRESS (INCLUDING ERF, STREET NAME,
STATE, COUNTRY, AND: POSTAL/ZIP CODE) CITY, COUNTRY, AND: POSTAL/ZIP CODE

IX. FAX NUMBER (IF APPLICABLE) X. TAX IDENTIFICATION NUMBER (TIN). (IF APPLICABLE):

XI. TELEPHONE/MOBILE NUMBER: XII. EMAIL ADDRESS:

XIII. PRIMARY IDENTIFICATION TYPE (SEE INSTRUCTIONS): XIV. PRIMARY IDENTIFICATION NUMBER (PLEASE ATTACH
ORIGINAL CERTIFIED COPY OF YOUR ID/ PASSPORT):

XV. IDENTIFICATION ISSUING COUNTRY/ STATE/REGION: XVI. PLACE OF WORK AND POSITION HELD:

2. DATE BENEFICIAL OWNERSHIP BECAME REGISTERABLE


D D M M Y Y Y Y
3. DATE BENEFICIAL OWNERSHIP CEASED

DECLARATION

1. I, UNDERSIGNED, FOR AND ON BEHALF OF THE REPORTING ENTITY CONFIRM THAT ALL INFORMATION PROVIDED IN THE ABOVE
BENEFICIAL OWNERSHIP DECLARATION IS ACCURATE AND RELIABLE.

NAME OF DIRECTOR/SHAREHOLDER/MEMBER/BENEFICIAL OWNER: ______________________________________________________


[DELETE WHERE NOT APPLICABLE]

SIGNATURE: DATE (DDMMYYYY):

2. I, UNDERSIGNED, FOR AND ON BEHALF OF THE REPORTING ENTITY CONFIRM THAT ALL INFORMATION PROVIDED IN THE
ABOVE BENEFICIAL OWNERSHIP DECLARATION IS ACCURATE AND RELIABLE.

NAME OF ACCOUNTABLE INSTITUTION:

NAME OF AUTHORIZED STAFF: POSITION:

SIGNATURE: DATE (DDMMYYYY):

*IN THE CASE OF AN EXTERNAL COMPANY THE LOCAL MANAGER SHOULD SIGN.

OFFICIAL USE ONLY [TO BE COMPLETED BY BIPA OFFICIAL]

NAME OF REGISTRATION OFFICER:

SIGNATURE: DATE (DDMMYYY):

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Part C (COMPLETION NOTES)

1. INSTRUCTIONS
a. Complete all relevant sections in block letters.
b. Complete the form in black ink only.
c. Any information that is not originally in the Latin alphabet, please use a recognised transliteration into the
Latin alphabet.
d. Spell out all words - No abbreviations.
e. ALL fields must be completed.
f. Attached latest 6 months original certification Identity/ passport document for each Beneficial Owner.
g. Attach proof of residence for each Beneficial Owner.
h. Attach proof of Registration with Accountable Institution/ FIC.

2. EXPLANATORY NOTES

a. What is this form?


This form is the Beneficial Ownership Declaration Form used for the purpose of collecting beneficial ownership
information on legal persons registered or to be registered with BIPA. The form consists of 3 Sections, Section
A consist of Company information and the type of beneficial ownership, Section B consist of Beneficial Owner’s
particular and the attestation and Section C consists of the completion notes.

b. Who should complete this form?


All existing companies and close corporations or companies and close corporations that are to be registered
with BIPA must complete this form.

c. When should this form be submitted to BIPA?


The Beneficial Ownership Declaration form must be submitted to BIPA at:
i. registration of a company or close corporation;
ii. the end of the company or close corporation’s financial year end together with the annual returns;
and
iii. within seven (7) days after a material change to the beneficial ownership of a company or close
corporation

d. Who is a Beneficial Owner?


Beneficial owner is the natural person (s) who ultimately owns or controls company or close corporations or
the natural person on whose behalf a transaction is being conducted. It also includes those natural persons
who exercise ultimate effective control over a legal person. Only a natural person can be an ultimate beneficial
owner, and more than one natural person be the ultimate beneficial owner of a given legal person.

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e. Type of Beneficial Ownership.
FOR EACH BENEFICIAL OWNER, PLEASE TICK THE RELEVANT COLUMN TO INDICATE THE TYPE OF
BENEFICIAL OWNERSHIP [See Part B]

The following are the type of beneficial ownership:


1. A natural person on whose behalf a transaction is conducted;
2. A natural person who directly or indirectly or through a trust, other legal person or other legal arrangements
holds 25 percent or more of the shares, voting rights or other ownership interest in the legal person;
3. A natural person who holds the position of a senior managing in the legal person;
4. A natural person or through a trust, other legal person or other legal arrangements who jointly exercise direct
or indirect control over the legal person;

5. a natural person who has the right, directly or indirectly, to appoint or remove majority of the board of directors
of the legal person;

6. a natural person who has the power to materially influence the decision-making or policy of the legal person;

7. a natural person who derives economic benefits, including dividend, right to profit, enjoyment of assets of legal
person or able to use significant assets of the legal person, even if the person has no other formal link to the
legal person;

8. a natural person who has influence or ultimate control over the legal person through any other means.

f. Who is an Accountable Institution?


An Accountable Institution is a:
1. Legal practitioner who acts on behalf of a client to create, operate or manage a legal person;
2. Accountants and Auditors who act on behalf of a client to create, operate or manage a legal person;
3. Company Service Providers who do the following:
i. Acting as a formation agent of legal persons (Companies and Close Corporations)
ii. Acting as (or arranging for another person to act as) a director of a company
iii. Acting as a secretary of a company
iv. Acting as (or arranging for another person to act as) a nominee shareholder for another person
v. Provide a registered office, business address or office accommodation, correspondence or
administrative address of a company

g. What are the consequences for late submission or non-submission of the Beneficial Ownership form?

i. The Registrar will issue a written directive instructing the entity to submit the Beneficial Ownership
information.
ii. If an entity or person fails to comply with the Directive, the Registrar shall impose a financial penalty not
exceeding N$ 50 000 and a financial penalty not exceeding N$ 1000 for every day of non-compliance.
iv. The Registrar shall list the entity on an inactive list and thereafter deregister the entity six months after
the date the entity was listed.

h. What are the consequences for providing false or misleading BO information, withholding BO
information and making a false entry into the BO registry?
Conviction to a fine not exceeding N$ 10 000 000.00 or imprisonment for a period not exceeding 10 years
or conviction to both a fine and imprisonment.
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