[Regulation 7 heading substituted by regulation 8(a) of Notice No. R. 1224 dated 14 November 2008]
| (1) |
A contractor who wishes to be registered in terms of these Regulations in the categories of registration that relate to contractor grading designations 2 to 9 as contemplated in regulation 12(1) (Table 1) must on the approved form apply to the Board for that registration. |
[Regulation 7(1) substituted by regulation 8(b) of Notice No. R. 1224 dated 14 November 2008]
| (2) |
A contractor must apply to the Board for registration in at least one contractor grading designation. |
| (3) |
A contractor may be registered in more than one class of works but may only hold one contractor grading designation in relation to a particular class of construction works. |
| (4) |
An application for registration must be accompanied by— |
| (a) |
the fees as shown in Schedule 2; |
| (b) |
if applicable, complete financial statements of the contractor for the two financial years preceding the application; |
[Regulation 7(4)(b) substituted by regulation 8(c) of Notice No. R. 1224 dated 14 November 2008]
| (c) |
if so requested by the Board, where the financial statements of a contractor are not audited, supporting evidence of that contractor’s turnover as set out in the South African Revenue Services Form VAT 201 (Return for value added tax) and proof of payment of that value added tax; |
| 1. |
[Regulation 7(4)(c) substituted by regulation 8(c) of Notice No. R. 1224 dated 14 November 2008] |
| (d) |
in the case of a company or a close corporation, the registration number, a certificate of incorporation and the latest name change, if any, issued in terms of the Companies Act, 1973 (Act No.61 of 1973) or the Close Corporations Act, 1984(Act No. 69 of 1984), as the case may be, and certified copies of the shareholders’ certificates of the company; |
| (dA) |
in the case of a trust, a copy of trust deed as contemplated in the Trust Property Act, 1988 (Act No. 58 of 1988); |
| (e) |
an original tax clearance certificate issued to the contractor by the South African Revenue Service, or in the case of a foreign enterprise, which has not yet performed any contracts within the Republic of South Africa, proof that it has paid all taxes due by it to the government of its country of origin; |
[Regulation 7(4)(e) substituted by regulation 8(c) of Notice No. R. 1224 dated 14 November 2008]
| (f) |
certified copies of the identity documents of the principal or principals of the contractor, but where there are more than twenty principals, certified copies of the identity documents of only twenty principals may be submitted; |
| (g) |
if applicable, proof of financial sponsorship of the contractor as contemplated in subregulation (10); |
[Regulation 7(4)(g) substituted by regulation 8(c) of Notice No. R. 1224 dated 14 November 2008]
| (h) |
if qualified persons employed by the contractor are required to be registered in terms of any legislation, proof of that registration; |
| (i) |
in the case of an application relating to the Electrical Engineering – designation EB class of works a certified copy of the current certificate of registration issued by the Electrical Contracting Board of South Africa; |
[Regulation 7(4)(i) substituted by regulation 8(c) of Notice No. R. 1224 dated 14 November 2008]
| (j) |
if applicable, certified copies of the contractor's registration certificate issued in terms of the Housing Consumer Protection Measures Act, 1998, (Act No. 95 of 1998) and proof of current payment; |
| (k) |
if a contractor is registered under an emerging contractor development scheme , proof of that registration; |
| (l) |
documentary proof by the employer or his or her representative of contracts completed as contemplated in regulation 11(2)(b) and 11(5)(c) and for the purpose of this paragraph, "completed" means the stage when the construction works have been completed or when the construction works have reached a state of readiness for occupation, or use for the purposes intended, although some minor work may be outstanding; and |
| (i) |
in a case referred to in regulation 11(4)(ii), (iii), (iv), (v) or (vii), a board resolution of the company or member resolution of the close corporation concerned sanctioning the change of name, reconstruction, amalgamation, takeover or conversion; |
| (ii) |
in the case of a scheme of arrangement referred to in regulation 11(4)(vi), the court order sanctioning the scheme of arrangement; or |
| (iii) |
in the case of a change in membership or members' interest of a close corporation as contemplated in regulation 11(4)(viii), the certificate referred to in section 31 of the Close Corporations Act, 69 of 1984, stating the current percentage of each member's interest in the corporation; |
[Regulation 7(4)(lA) inserted by regulation 8(c) of Notice No. R. 1224 dated 14 November 2008]
| (m) |
any other information required by the Board in relation to the category of a contractor. |
| (5) |
If an application in terms of this regulation is made on the worldwide web, the supporting documentation referred to in sub-regulation (4) must be submitted to the Board by mail or by hand and the application is not considered to have been duly completed as contemplated in regulation 10(3), until such submission has been received by the Board. |
| (6) |
The Board may obtain the tax clearance certificate referred to in sub-regulation (4)(e) on behalf of the contractor if the contractor authorises the Board to do so. |
| (7) |
The Board must for the purpose of assessing an application for registration and subject to section 30 of the Act, take reasonable steps to verify the information submitted by a contractor in terms of this regulation. |
| (8) |
If a contractor does not fully comply with a request from the Board to provide further information in relation to his or her application within 60 days from the date of that request, the Board may cancel the application and must refund the annual fees paid by the contractor. |
[Regulation 7(8) substituted by regulation 8(d) of Notice No. R. 1224 dated 14 November 2008]
| (9) |
In the case of an application for registration by a contractor whose supporting documents are not in English, that application must be accompanied by an English translation of those documents, prepared by a sworn translator. |
| (10) |
A financial sponsorship referred to in these Regulations must be a collectable financial guarantee by one person to another (the beneficiary)– |
| (b) |
is available to the beneficiary as and when required; |
| (c) |
to support the operations of the contractor concerned to complete his or her projects; |
| (d) |
if applicable, available to a third person, such as a bank, to advance funds or such as a supplier, to advance a line of credit; |
| (e) |
If applicable, in a form acceptable to any financial institution in South Africa as defined in the Financial Services Board Act, 97 of 1990; and |
| (f) |
If not provided by a financial institution, to an amount which does not exceed 15% of the sponsor's net asset value as determined from the sponsor's latest financial statements. |
[Regulation 7(10) inserted by regulation 8(e) of Notice No. R. 1224 dated 14 November 2008]
| (11) |
The registration particulars reflected on the register of contractors on the Board's website serves as the registration certificate as contemplated in section 16(7) of the Act. |
[Regulation 7(11) inserted by regulation 8(e) of Notice No. R. 1224 dated 14 November 2008
Witness Protection Act, 1998
