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National Credit Act 34 of 2005

National Credit Act 34 of 2005 (pdf)

Commencement dates :

1 June 2006 is the commencement date of ss.1-11 (Ch.1) ; ss.12-25 and 35-38 (Ch.2, Parts A, C and D) ; ss.39-59 (ch.3) ; s.69 ; s.73 ; ss.134-152 (Ch.7) ; ss.153-162 and ss.164-170 (Ch.8 excluding s.163) ; ss.171-173 (Ch.9) ; Sch.1, Sch.2 and Sch.3

1 September 2006 is the commencement date of ss.26-34 (Ch.2, Part B) ; ss.67, 68, 70 and 72

1 June 2007 is the commencement date of ss.60-66 (Ch.4, Part A) ; s.71 ; ss.74-88 (Ch.4, Parts C and D) ; Ss.89-13 (Ch.5) ; ss.124-133 (Ch.6) ; and s.163

P 22/GG 28824/11-05-2006

National Credit Act 34 of 2005

Draft National Credit Regulations, 2006, regarding time-frame and schedule prescribed in terms of section 73(1)(b) and determination of application and registration fees published for comment GenN 967/GG 29026/12-07-2006 *

Regulations
Part 1 - http://www.pmg.org.za/docs/2006/deptdocs/060529creditreg1.pdf or 060529creditreg1.pdf 
Part 2 - http://www.pmg.org.za/docs/2006/deptdocs/060529creditreg2.pdf  or 060529creditreg2.pdf 
Part 3 - http://www.pmg.org.za/docs/2006/deptdocs/060529creditreg3.pdf or 060529creditreg3.pdf
Part 4 - http://www.pmg.org.za/docs/2006/deptdocs/060529creditreg4.pdf or 060529creditreg4.pdf as of 29 May 2006

Provisions applicable to employers

Marketing and sales of credit at home or work

75. (1) A credit provider must not harass a person in attempting to persuade that person to apply for credit or to enter into a credit agreement or related transaction.

(2) A credit provider must not enter into a credit agreement at a private dwelling except-

(a) during a visit pre-arranged by the consumer for that purpose;
(b) if a credit provider visited the private dwelling for the purpose of offering goods or services for sale, and incidentally offered to provide or arrange credit
(c) if the credit agreement is of a prescribed category that is permitted to be entered into during a visit to a private dwelling.

(3) A credit provider must not visit a person’s place of employment for the purpose of inducing the person to apply for or obtain credit, or enter into a credit agreement at such a place, except

(a) to enter into a credit agreement with the employer; or
(b) if the visit results from-

(i) a formal arrangement between the credit provider, on the one hand, and the employer and any representative trade union or employee, on the other; or
(ii) a non-prompted invitation by the person being visited.

(4) An employer who, or representative trade union that, enters into an arrangement with a credit provider as contemplated in subsection (3)(b)(i) must not receive any fee, commission, payment, consideration or other monetary benefit in exchange for making that arrangement, or as a consequence of a credit agreement entered into during or as a result of that arrangement.

(5 ) Subsections (2) to (4) do not apply in respect of developmental credit agreements.

See also:- (in so far as they relate to credit reference checks on employees)

70. Credit bureau information

71. Removal of record of debt adjustment or judgment

72. Right to access and challenge credit records and information

73. Verification, review and removal of consumer credit information

 

 
 
 
 
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