Register with the National Credit Regulator (NCR)

If you are a business owner, there are many regulatory bodies you need to be registered with. The most important ones are, of course, the Companies and Intellectual Property Commission (CIPC) and the South African Revenue Services (SARS). What some people might not know is that, if you are a credit provider you need to register with the National Credit Regulator (NCR).

The NCR is a regulatory group that oversees consumer credit. It promotes responsible lending and smart credit use. The organisation was established as a regulator under the National Credit Act of 2005.

Credit providers need to register with the NCR so that consumers know they are legit and operating within the law. If you are a credit provider and haven’t registered with the NCR, you will need to avoid hefty fines.

This article serves as your guide to becoming a registered credit provider with the NCR.

How Does the NCR Work?

As previously mentioned, the NCR is a credit regulator. The organisation works to implement credit laws and regulations to protect consumers from unfair practices. The organisation is also responsible for monitoring the credit market and ensuring that credit providers comply with the regulations within the industry.

In addition, the NCR has enforcement powers and can take corrective actions against any non-compliant credit provider. The NCR does not only regulate credit providers but also helps with any disputes which can come from loan complications such as non-payment.

All credit providers must register with the NCR before they can legally conduct business with consumers. If not, you face the possibility of breaking the National Credit Act and facing possible fines.

Registering with the NCR

Under the National Credit Act, if you want to apply to become a registered credit provider you need to meet the following requirements:

• If your business supplies goods or services at a discounted rate or instalment sale agreement.
• If your business advances money or credit under a pawn format.
• If your business extends credit under a credit facility.
• If your business acts as a mortgagee under a mortgage agreement (e.g. a bank).
• If you are the lender under a secured loan.
• If you are the leaser under a lease agreement.
• If you are the party to whom an assurance is made under a credit guarantee.
• If you advance money or credit to another under a credit agreement.
• If you have acquired the rights of a credit provider under a credit agreement.

Additionally, if you are a juristic or natural person, you may apply for registration as a credit provider but only after you submit a disqualification of natural persons form.

What you Need to Register with the NCR

To send your application for NCR registration, you will need the following documentation:

• Completed and signed form 2.
• Documents showcasing you are registered with the CIPC and any other legal registration documents.
• Copy of your company’s share certificate(s) if applicable.
• If the majority shareholder of your company is a natural person, submit a certified copy of their ID, disqualification of natural person form and latest criminal clearance certificate.
• Certified copies of ID/passports of all members/directors/shareholders/trustees/partners/sole proprietors.
• A criminal clearance certificate for all members/directors/shareholders/trustees/partners/sole proprietors.
• A signed and stamped letter from your bank confirming your banking details.
• Proof of your business registration with SARS.
• Proof of payment for registration fees (R 550 application fee, and R 250 branch fee).

Registration fees are categorised by the NCR according to the total principal debt. For example, if your total principal debt is equal to or greater than R 15 billion, your fee will be R 330 000. If the principal debt is less than R 250 000, the fee will be R 1 000.

Additionally, if you are a registered credit provider who has applied for registration, you may apply for supplementary registration if you are:

• A close corporation,
• Company,
• Credit-cooperative,
• Trust,
• Statutory entity,
• Mutal bank, or bank.

The NCR will grant you supplementary registration if it concludes that you have:

• Enough human, financial and operational resources to enable it (NCR) to function efficiently and effectively carry out its function.
• Acceptable administrative procedures or present to the NCR a credible plan to develop the required administrative procedures.

Now that you have all the information on how to register with the NCR as a credit provider, you can begin to do so. Applying for registration is not just another bureaucratic process but part of the compliance requirements for your lending business.