| (a) |
A person who is admitted and enrolled to practise as a legal practitioner as contemplated in section 24(1) of the Legal Practice Act, 2014 (Act 28 of 2014) and who is— |
| (i) |
an attorney (including a conveyancer or notary) practising for his or her own account as contemplated in section 34(5)(a) of that Act; or |
| (ii) |
an advocate contemplated in section 34(2)(a)(ii) of that Act. |
| (b) |
A commercial juristic entity, as contemplated in section 34(7) of the Legal Practice Act, 2014. |
[Schedule 1(1) substituted by section 1 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (a) |
A person who carries on the business of preparing for, or carrying out, transactions for a client, where— |
| (i) |
the client is assisted in the planning or execution of— |
| (aa) |
the organisation of contributions necessary for the creation, operation or management of a company, or of an external company or of a foreign company, as defined in the Companies Act, 2008 (Act 71 of 2008); |
| (bb) |
the creation, operation or management of a company, or of an external company or of a foreign company, as defined in the Companies Act, 2008; or |
| (cc) |
the operation or management of a close corporation, as defined in the Close Corporations Act, 1984 (Act 69 of 1984). |
| (b) |
A person who carries on the business of— |
| (i) |
acting for a client as a nominee as defined in the Companies Act, 2008; or |
| (ii) |
arranging for another person to act for a client as such a nominee. |
| (c) |
A person who carries on the business of creating a trust arrangement for a client. |
| (d) |
A person who carries on the business of preparing for or carrying out transactions (including as a trustee) related to the investment, safe keeping, control or administering of trust property within the meaning of the Trust Property Control Act, 1988 (Act 57 of 1988). |
[Schedule 1(2) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (3) |
An estate agent as defined in the Estate Agency Affairs Act, 1976 (Act 112 of 1976). |
| (4) |
An authorised user of an exchange as defined in the Financial Markets Act, 2012 (Act 19 of 2012). |
[Schedule 1(4) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (5) |
A manager registered in terms of the Collective Investment Schemes Control Act, 2002 (Act 45 of 2002), but excludes managers who only conduct business in Part VI of that Act. |
[Schedule 1(5) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (6) |
A person who carries on the "business of a bank" as defined in the Banks Act, 1990 (Act 94 of 1990). |
| (7) |
A mutual bank as defined in the Mutual Banks Act, 1993 (Act 124 of 1993). |
| (7A) |
A co-operative bank as defined in the Co-operative Banks Act, 2007 (Act 40 of 2007). |
[Schedule 1(7A) inserted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (8) |
A person who carries on a "life insurance business" as defined in the Insurance Act, 2017 (Act 18 of 2017), but excludes reinsurance business as defined in that Act. |
[Schedule 1(8) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (9) |
A person who carries on the business of making available a gambling activity as contemplated in section 3 of the National Gambling Act, 2004 (Act 7 of 2004) in respect of which a license is required to be issued by the National Gambling Board or a provincial licensing authority. |
[Schedule 1(9) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (10) |
A person who carries on the business of dealing in foreign exchange. |
| (a) |
A person who carries on the business of a credit provider as defined in the National Credit Act, 2005 (Act 34 of 2005). |
| (b) |
a person who carried on the business of providing credit in terms of any credit agreement that is excluded from the application of the National Credit Act, 2005 by virtue of section 4(1)(a) or (b) of that Act. |
[Schedule 1(11) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (12) |
A person who carries on the business of a financial services provider requiring authorisation in terms of the Financial Advisory and intermediary Services Act, 2002 (Act 37 of 2002), to provide advice or intermediary services in respect of the investment of any financial product (but excluding a non-life insurance policy, reinsurance business as defined in the Insurance Act 2017 (Act 18 of 2017) and the business of a medical scheme as defined in section 1(1) of the Medical Schemes Act, 1998 (Act 131 of 1998). |
[Schedule 1(12) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (13) |
A person who issues, sells or redeems travellers’ cheques, money orders or similar instruments. |
| (14) |
The South African Postbank Limited referred to in section 3 of the South African Postbank Act, 2010 (Act 9 of 2010). |
[Schedule 1(14) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (15) |
[Section (15) deleted by amendment Notice No. 1104 dated 26 November 2010] |
| (16) |
[Schedule 1(16) deleted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022] |
| (17) |
[Section (17) deleted by amendment Notice No. 1104 dated 26 November 2010] |
| (18) |
[Section (18) deleted by amendment Notice No. 1104 dated 26 November 2010] |
| (19) |
A person who carries on the business of a money or value transfer provider. |
[Schedule 1(19) substituted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
| (20) |
A person who carries on the business of dealing in high-value goods in respect of any transaction where such a business receives payment in any form to the value of R100 000,00 or more, whether the payment is made in a single operation or in more than one operation that appears to be linked, where “high-value goods” means any item that is valued in that business at R100 000,00 or more. |
| (21) |
The South African Mint Company (RF) (Pty) Ltd, only to the extent that it distributes non-circulation coins in retail trade and where in respect of such transactions it receives payment in any form to the value of R100 000,00 or more, whether the payment is made in a single operation or in more than one operation that appears to be linked. |
| (22) |
A person who carries on the business of one or more of the following activities or operations for or on behalf of a client: |
| (a) |
Exchanging a crypto asset for a fiat currency or vice versa; |
| (b) |
exchanging one form of crypto asset for another; |
| (c) |
conducting a transaction that transfers a crypto asset from one crypto asset address or account to another; |
| (d) |
safekeeping or administration of a crypto asset or an instrument enabling control over a crypto asset; and |
| (e) |
participation in and provision of financial services related to an issuer’s offer or sale of a crypto asset, |
where “crypto asset” means a digital representation of perceived value that can be traded or transferred electronically within a community of users of the internet who consider it as a medium of exchange, unit of account or store of value and use it for payment or investment purposes, but does not include a digital representation of a fiat currency or a security as defined in the Financial Markets Act, 2012 (Act 19 of 2012).
| (23) |
A clearing system participant as defined in section 1 of the National Payment System Act, 1998 (Act 78 of 1998) that facilitates or enables the origination or receipt of any electronic funds transfer and or acts as an intermediary in receiving or transmitting the electronic funds transfer.
|
[Schedule 1(20)(21)(22)(23) inserted by section 2 of Notice No. 2800, GG47596, dated 29 November 2022: Effective 19 December 2022]
Special Investigating Units and Special Tribunals Act, 1996
