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Filter: Anti-money Laundering Amendment Act
New CIPC changes for the filing of annual returns

15 January 2024,  Elani van Coller

CIPC has again announced changes to the CIPC system for the filing of annual returns and beneficial ownership information, which... introduces mandatory obligations for companies and close corporations when filing their annual returns. 

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Trustees take note – new platform for your trust Beneficial Ownership reporting

06 November 2023,  Elani van Coller

This October, the Acting Chief Master signed a directive introducing the new electronic platform for reporting Beneficial Ownership information at... the Master following concerns raised about the previously used Google Forms document for providing Beneficial Ownership information to the Master. This new electronic platform will now have to be used for all Beneficial Ownership reporting by trustees. In this article, we take a look at the new platform as well as some of the other aspects flowing from the directive. 

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Article
Estate Planning – a necessary tool in uncertain times

06 November 2023,  André van Niekerk

The last number of years have seen the world go through dramatic changes, pandemics, environmental upheavals, wars, financial volatility and... massive political uncertainty affecting every individual and country in one way or another. South Africans have not been spared with loadshedding, escalating fuel prices and rising inflation further adding to the uncertainty. This makes it feel as if planning for the future is pointless and all you can really do is survive the now. In this article we discuss why this could be a dangerous strategy.

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Article
Estate agents and their obligations under the new Anti-money Laundering Amendment Act

29 May 2023,  Cleopatra Mukhari

Closely related to the recent greylisting of South Africa is the passing late in 2022 of the new General Laws... Anti-Money Laundering and Combating Terrorism Financing Amendment Act, 22 of 2022 (“Amendment Act”). The Amendment Act introduces several key changes to areas of law affecting trusts, companies and non-profit organisations in an attempt to tighter regulate these entities seen as prevalent to abuse for illicit criminal activities. Importantly for estate agents, changes have also been introduced to the Financial Intelligence Centre Act 38 of 2001 which affects all estate agents as Accountable Institutions. In this article we take a quick look at some of the main Amendment Act changes estate agents must take note of. 

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The ‘what’ and ‘when’ of the new beneficial ownership reporting for companies

10 May 2023,  Dr Candice ReyndersLuhann Prinsloo

Surprisingly, many companies remain blissfully unaware of the new company reporting requirements introduced by the General Laws (Anti-Money Laundering and... Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”). The Amendment Act introduces changes to the company environment (effective 1 April 2023) which will have an administrative impact on South African companies. In this article we delve into the ‘what’ and ‘when’ of these new reporting requirements.

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Why trustees must now also record the accountable institutions they engage with

04 May 2023,  Dr Candice ReyndersElani van Coller

With the passing of the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”)... late in December 2022, a number of critical amendments were introduced to the Trust Property Control Act 57 of 1988 (“Trust Act”), including amongst others the responsibility by trustees to record details about the Accountable Institutions they engage with in their capacity as trustee. In this article, we look a little deeper at this requirement and what it will mean in practice for trustees.

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Trustees take note! How to record your beneficial ownership structure

18 April 2023,  André van NiekerkJohnny Davis

In a previous article we unpacked the introduction and meaning of the new ‘beneficial owner’ definition introduced into the law... of trusts by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”). With these changes being effective as of 1 April 2023, trustees should be awake to the proposed process for recording and submitting your trust’s beneficial ownership information to the Master of the High Court. 

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New Beneficial Ownership rules for companies and trusts

14 April 2023,  Luhann Prinsloo

With the new General Laws (Anti-money Laundering and Combatting of Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) having... come into operation on 1 April 2023, a new definition of ‘beneficial ownership’ has been formally introduced in a number of key laws affecting all trusts and companies. In this article we delve a bit deeper into this new concept.

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