Who needs to register?

Requirements for registering as a credit provider as per Section 40, 41, and regulation 4 of the National Credit Amendment Act, 19 of 2014:

  • A person must apply for registration as a credit provider if that person is-
    • The party who supplies goods or services under a discount transaction or instalment sale agreement;
    • The party who advances money or credit under a pawn transaction;
    • The party who extends credit under a credit facility;
    • The mortgagee under a mortgage agreement;
    • The lender under a secured loan;
    • The lessor under a lease;
    • The party to whom an assurance or promise is made under a credit guarantee;
    • The party who advances money or credit to another under any other credit agreement; or
    • Any other person who acquires the rights of a credit provider under a credit agreement after it has been entered into.
  • A juristic person or a natural person may apply for registration as a credit provider.
  • A person who is required to be registered as a credit provider, but who is not so registered, must not offer, make available or extend credit, enter into a credit agreement or agree to do any of those things.

Although basic registration of credit providers is under this Act -

  • The Regulator may impose conditions to address matters relating to the purpose of the Act generally;
  • The Regulator will further consider the application relating to BBBEE and combating over-indebtedness concerns specifically; and
  • A credit provider who intends to enter into developmental credit agreements must apply for supplementary registration, and satisfy the requirements for such registration.