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Banking Law and Usage Assignment 2

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  • September 26, 2024
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  • 2024/2025
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MODULE: LML4807

ASSIGNMENT 2

1. In line with the provisions of section 21F of the Financial Intelligence Centre
Act 38 of 2001, an accountable institution is required to obtain senior
management approval when establishing a business relationship with a
foreign prominent official. The accountable institution must also take
reasonable measures to establish the source of wealth and source of funds of
the client and conduct an enhanced ongoing monitoring of the business
relationship.1 The measures mentioned in the previous sentences are to be
taken by Marcus when opening an account in the name of President
Soobramoney.

2. The information kept on record by the accountable institution must be
information that relates to the nature of the business relationship, the
objective of the business relationship and the source of funds which the client
intends to use to conclude transactions in the course of the business
relationship.2


3. According to section 24(1) of FICA, the duty to keep records as required by
sections 22 and 22A, may be done by a third party on behalf of the
accountable institution as long as the accountable institution is afforded free
and easy access to the records and the records are always available to the
centre and the supervisory bodies are responsible for such a function.3




1
Financial Intelligence Centre Act 38 of 2001.(hereinafter ‘FICA Act of 2001’)
2
Shulze WG, Banking Law and Usage: Only Study Guide for LML4807 (University of South
Africa)(2019)
3
FICA Act of 2001

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