Please study all the requirements contained in this document carefully.Should there be any uncertainty please phone Ms Doreen van der Walt or Ms Sibongile Sibiya on 012 804 9808.
Only original application forms can be procesed.
An application for registration as a debt collector must be lodged with the Council on the prescribed form and must be accompanied by the registration fee and annual subscription fee prescribed by Regulation. Should his or her application be unsuccessful the annual subscription fee will be refunded but the registration fee will be forfeited. In cases where the subscription fee is not paid at the time the application to be registered is lodged, the registration will be suspended.
The total fees (registration fee and annual subscription fee payable) including VAT are:
·R 3 420.00 in respect of a company or close corporation;
·R 1368.00 in respect of each director or member of the company or close corporation.
·R 912.00 in respect of every officer of the company or close corporation who is involved in debt collecting.
·R 912.00 in the case of a natural person.
Form 1A must be used for the registration as debt collector by an officer in the employ of a juristic person, a director of a company or a member of a close corporation.
Form 1B must be used for registration as debt collector by a company or close corporation.
Form 1C must be used for registration as debt collector by a person other than an officer in the employ of a juristic person, a director of a company or a member of a close corporation. (This form must be used by sole proprietors, trusts and partnerships.)
All questions must be answered and the application must be signed by the applicant.The original application must be submitted – copies and faxes are not accepted. The following documents must be attached to the application:
·A copy of the applicant’s identity document;
·A letter from the bank indicating that a trust account has been opened in terms of section 20(1) of the Debt Collectors Act,1998 (Act 114 of 1998);
·A letter from an auditor or an accountant indicating his or her appointment to audit the trust account; and
·Proof of payment of the registration fees and annual subscription fees applicable.
In the case of new companies or close corporations who want to register, the following documents must also be attached to the application:
·CM 29 in respect of a company; or
·CK 1 or CK 2 in respect of close corporations.
Non-compliance of these requirements will result in delays – applications will only be considered once all the procedural requirements have been met.
In the case of a transfer from another juristic person, company, close corporation or a sole proprietor, a new application must be lodged complying with the applicable procedural requirements.Proof of payment of R 114 VAT included must accompany the application and the original registration certificate should be attached.
In terms of the Regulations fees are payable by bank cheque. The Council has, however, resolved that payment can also be made by a direct deposit or a electronic transfer into the Council’s bank account. The particulars of the account are as follows:
Bank:ABSA Private Bank, Parktown.
Branch code:632 005
Applicants are requested in the case of a company or close corporation to use their registration number as deposit reference.Individuals are requested to use their identity number as deposit reference.If a reference number is less than 14 digits, a zero or zeroes must be added at the beginning, to make up 14 digits required as a reference number.Proof of deposit into the Council’s bank account MUST accompany the application. Applicants are encouraged to make payments directly into the Council’s bank account rather than sending it by post.
·The disqualifications for registration as a debt collector are contained in section 10(1) of the Act. Of importance is the fact that if one of the directors of a company or a member of a close corporation is not competent to be registered, such company or close corporation cannot be registered.
·A person who is not competent to be registered in terms of section 10(1) of the Act because he or she has in the preceding 10 years been convicted of an offence of which violence, dishonesty, extortion or intimidation is an element may in terms of section 10(2) of the Act apply to the Minister for Justice and Constitutional Development, Private Bag X 256, Cape Town, 8000 to be exempted from the disqualification.The application must correspond substantially with Form 2 prescribed by regulation 3.If the application is successful, such person can be registered.
New applications can be submitted to Council by:
·Ordinary post to:
Council for Debt Collectors PO Box 836 SILVERTON 0127
·Courier services to:
Council for Debt Collectors West wing, Ground floor Rentmeesterpark 74 Watermeyer Street Val de Grace PRETORIA
New applications by postal delivery should not be addressed to the physical address but to the address given under ordinary post.The physical address, while reliable for courier services, is not advisable for postal deliveries since this may result in substantial delays in processing applications.
Please note that the post office is currently on strike. If possible, deliver new applications to our office, or make use of a courier service.
The proposed changes to the fees as contained in Annexure b has been approved. The ammended annexure is now available for download.
Council has approved the development of a basic software program for debt collectors that will be made available for free to those collectors interested.
Council has also approved the implementation of new pvc identity cards to those collectors that require some form of portable identification.
Regular updates on these two initiatives will be posted on the Council`s facebook page.
New Chief Executive Officer
Adv A Cornelius, Senior Legal Officer, has been promoted to the post of Chief Executive Officer with effect from 1 July 2011 in the post occupied by Adv W Henegan who has retired.
Council Judgments Added
The Council judgments from 2006 up to and including 2009 are now availble in the left navigation column in e-book format with a search facility.
Amendment of the expenses and fees
An increase in the current expenses and fees contained in Annexure B of the Regulations is effective from 10 August 2012. The amendments are contained as Annexure B under downloads. The wording of item 9 has also been amended.
Debt collectors not registered
Note should be taken that:
Dion William Mundell trading as Nationwide Debt Collectors and National Investigation Centre is not registered with the Council.
Buena Vista Trading 133 (Pty) Ltd with Petrus Hendrik van Zyl as director is not registered with the Council
Access to the prescribed registers The accessibilty of the prescribed registers has been revised...