De Klerk Turner Incorporated is an accountable institution under the Financial Intelligence Centre Act, 38 of 2001 (“FICA”). This page explains what FICA requires us to do when you instruct us, what documents we will ask for, and why.

1. What FICA is

FICA is South Africa's principal anti-money-laundering law. It requires law firms — as accountable institutions — to know who their clients are, understand the nature of each relationship and the source of the funds involved, and report certain transactions to the Financial Intelligence Centre (FIC).

2. How we comply

The firm maintains a written compliance programme that covers how we identify and verify clients, monitor ongoing relationships, screen against sanctions and politically exposed person (PEP) lists, and report to the FIC where required. A summary is available to clients on request.

3. When we will ask for FICA documents

We will ask for FICA documents:

  • before we open a file and begin work on any matter;
  • whenever your identifying information changes;
  • periodically as part of ongoing due-diligence reviews; and
  • before we receive or pay out trust funds on your behalf.

We cannot proceed with your matter until FICA verification is complete.

4. Document checklist

4.1 South African citizens and permanent residents (individuals)

  • A clear copy of your South African green-bar identity document, smartcard ID, or valid South African passport.
  • Proof of residential address dated within the previous three months — for example, a utility bill, municipal rates account, bank statement, retail account statement, or signed lease agreement showing your name and physical address.
  • Your income-tax reference number (a SARS document, IRP5 or letter of assessment is sufficient).
  • For property and other matters as required: marriage certificate or antenuptial contract.

4.2 Foreign nationals (individuals)

  • A clear copy of your valid passport, together with your visa or permit where applicable.
  • Proof of residential address (current address, whether in South Africa or abroad), dated within the previous three months.
  • Foreign tax reference number, if applicable.

4.3 Companies (incorporated in South Africa)

  • Certificate of Incorporation (CoR 14.3) and current Memorandum of Incorporation.
  • Latest CoR 39 confirming directors and registered address (or current CIPC disclosure).
  • Identification documents and proof of address for each director and for each beneficial owner holding 5% or more of the issued share capital or voting rights.
  • Resolution authorising the person who will give the firm instructions, together with that person's ID and proof of address.
  • Proof of the company's trading/registered address.
  • Income-tax reference number and VAT registration number (if VAT-registered).

4.4 Close corporations

  • Founding statement (CK1) and any amended founding statement (CK2).
  • Identification documents and proof of address for every member.
  • Resolution authorising the person instructing the firm.
  • Proof of trading address; income-tax and VAT reference numbers.

4.5 Trusts

  • Trust deed (and any amendments).
  • Letters of Authority issued by the Master of the High Court.
  • Identification documents and proof of address for the founder, each trustee, and each named beneficiary (where reasonably ascertainable).
  • Trustee resolution authorising the instruction.
  • Trust income-tax reference number.

4.6 Partnerships

  • Partnership agreement.
  • Identification and address verification for each partner.
  • Resolution or written confirmation authorising the partner who will instruct the firm.

4.7 Foreign juristic persons

Documents equivalent to the above as issued in the jurisdiction of incorporation, accompanied by a sworn translation into English where not in English. We may require apostilled or otherwise legalised copies, depending on the matter.

5. Source of funds and source of wealth

For matters that involve the movement of money — including property transactions, deceased-estate distributions, trust transactions, settlements, and any payment into or out of our trust account — FICA requires us to understand and, where appropriate, verify the source of the funds and the source of your wealth. We will ask sensible, proportionate questions and, where necessary, supporting documents (such as sale agreements, payslips, bank statements, distribution statements or trust deeds).

6. Sanctions and politically exposed persons

We screen all clients — and the beneficial owners of any juristic persons — against applicable sanctions lists and PEP databases. Appearing on a list does not automatically prevent you from instructing us, but it does trigger enhanced due diligence, and certain matters cannot proceed if a prohibited person is involved.

7. Ongoing monitoring

We monitor active matters on a risk-sensitive basis. In practice, this means we may ask follow-up questions if instructions change materially or if a transaction looks different from what we understood at the outset.

8. Reporting obligations

FICA requires us to file certain reports with the Financial Intelligence Centre — including reports on suspicious transactions and cash above prescribed thresholds. These reports are confidential. We are legally prohibited from telling you if such a report has been or will be made.

9. Confidentiality and storage

Information collected for FICA purposes is held subject to our duty of confidentiality as attorneys and processed in accordance with our Privacy Policy. We keep FICA records for a minimum of five years from the end of the relationship or transaction, and longer where regulation or risk requires.

10. Getting it done quickly

FICA verification typically takes a few hours once we have the documents. To make this painless, please send the items in the checklist as clear PDF or image scans to your attorney, or bring originals to a first meeting. If anything on this list is unclear or difficult to obtain, please tell us — we will work with you to find a sensible alternative.

11. Contact

Questions about our FICA process may be directed to info@dkt-inc.co.za or to the attorney handling your matter.

Last updated: 15 May 2026.