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

Precious Metals Regulations

3. Application for refining licence

 

 

(1) An application for a refining licence contemplated in section 7(1) of the Act must be completed in the form of Form PMR 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 the holder of a refining 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 the name of the holder of the controlling interest;
(f) an indication of the precious metals to be refined;
(g) the source from which precious metals will be obtained;
(h) a description of the applicant's technical ability or access to technical expertise;
(i) details of the applicant's financial status;
(j) details of the target market and the market requirements in respect of the precious metals concerned (if applicable);
(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 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 in that capacity on behalf of the company or close corporation and detailed particulars of its directors or members;
(d) documentary proof of the applicant's registered business premises;
(e) detailed documentary proof of the applicant's technical ability or access to appropriate expertise to conduct the refining operation;
(f) documentary proof of the applicant's financial status or access to appropriate financial assistance;
(g) documentary proof that the applicant has complied with the requirements of the National Environmental Management Act, 1998 (Act No. 107 of 1998);
(h) the applicant's business plan, inclusive of measures to comply with the broad-based socio-economic empowerment charter developed in terms of section 100 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 65 of 2002);
(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;
(j) a tax clearance certificate.

 

(3) An application for a refining licence must be lodged with the relevant nonrefundable application fee contemplated in Annexure A.