SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Adhere to the legal requirements when taking in and processing documents for opening and operating a banking account for a Club or Association or Trust 
SAQA US ID UNIT STANDARD TITLE
7205  Adhere to the legal requirements when taking in and processing documents for opening and operating a banking account for a Club or Association or Trust 
ORIGINATOR
SGB Banking and Micro Finance 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
BANKSETA - Banking Sector Education and Training Authority 
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Finance, Economics and Accounting 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04  25 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is intended for people who will be responsible to ensure that documents taken in for the opening of accounts for clubs, associations and trusts adhere to fundamental legal requirements. Persons credited with this unit standard will be able to determine the mandate and contractual capacity of the customer, select and complete the correct documentation, verify fundamental legal requirements relating to the documents and comply with the legal requirements when entering into and finalising the contract. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Persons attempting this unit standard must have product knowledge according to company specifics and have a reasonable knowledge of the Code of Banking Practice and a basic knowledge of law relating to contracts (common law and statutory law). They should also have completed unit standard CS001 and CS002. 

UNIT STANDARD OUTCOME HEADER 
Determine the mandate and contractual capacity of 

Specific Outcomes and Assessment Criteria: 

SPECIFIC OUTCOME 1 
Determine mandate & contractual capacity of customer with reference to contract being entered into. 
OUTCOME NOTES 
Determine the mandate and contractual capacity of the customer with reference to the contract being entered into. 

ASSESSMENT CRITERIA
 

ASSESSMENT CRITERION 1 
1. The characteristics of clubs, associations and trusts as legal entities are known and understood. 

ASSESSMENT CRITERION 2 
2. The mandates of the various legal entities are known and understood. 

ASSESSMENT CRITERION 3 
3. The status of the customer is checked against official identification as per company specific requirements. 
ASSESSMENT CRITERION RANGE 
Status against official identification include but is not limited to photograph, date of birth, marriage certificate, date of issue, validity.
 

ASSESSMENT CRITERION 4 
4. The status of the customer is checked against specific legal documentation relevant to the type of account being opened. 
ASSESSMENT CRITERION RANGE 
Documentation includes but is not limited to:

Clubs and associations: Constitution, funding statements, contractual powers authorised signatories, Power of attorney, Resolutions, Minutes of Board Meetings, Signing Authority for specific accounts / amounts)

Trusts: Trust deeds, powers of trustees, authorised signatories to the trust, minimum trustees to sign, what security may be signed.
 

ASSESSMENT CRITERION 5 
5. The extent of the contractual capacity of the customer is established. 
ASSESSMENT CRITERION RANGE 
Extent includes no, limited, full contractual capacity.
 

SPECIFIC OUTCOME 2 
Select, take in and complete documentation relevant to the contract being entered into. 
OUTCOME RANGE 
Documentation includes but is not limited to opening documentation, security documentation, personal documentation, documentation specific to the type of legal entity. 

ASSESSMENT CRITERIA
 

ASSESSMENT CRITERION 1 
1. The correct opening documentation is selected and obtained in relation to the needs and contractual capacity requirements of the customer. 
ASSESSMENT CRITERION RANGE 
Opening documentation includes but is not limited to signature cards, powers of attorney, opening account forms, resolutions, constitution, Trust Deed.
 

ASSESSMENT CRITERION 2 
2. The nature and content of the documentation is explained to the customer as per company specific requirements. 

ASSESSMENT CRITERION 3 
3. In the case of specialised contracts, the correct information is obtained from relevant internal parties in accordance with company specific requirements. 

ASSESSMENT CRITERION 4 
4. The documentation is correctly completed as per company specific requirements. 

ASSESSMENT CRITERION 5 
5. The customer is advised of any additional and/or outstanding documentation required for the contract being entered into as per company specific requirements. 

ASSESSMENT CRITERION 6 
6. The concepts of joint liabilities, joint and several liabilities, surety, co-principal debtor or pro-rata share is explained to the customer as applicable. 

SPECIFIC OUTCOME 3 
Verify the legal aspects relating to documentation. 

ASSESSMENT CRITERIA
 

ASSESSMENT CRITERION 1 
1. Documentation received is checked, and missing / incorrect documentation is recorded, followed up and obtained from relevant parties, according to company specific requirements. 

ASSESSMENT CRITERION 2 
2. Security documentation is confirmed as valid and current according to company specific requirements. 
ASSESSMENT CRITERION RANGE 
Valid and current includes but is not limited to surrender value, name of policy, still running (current), and type of policy.
 

ASSESSMENT CRITERION 3 
3. Documentation is verified as completed in full and correctly according to company specific requirements. 
ASSESSMENT CRITERION RANGE 
Completed in full includes but is not limited to minor, documents are stamped, alterations are initialed, copies are certified.
 

ASSESSMENT CRITERION 4 
4. Documentation is confirmed as valid and current according to company specific requirements. 
ASSESSMENT CRITERION RANGE 
Valid and current includes but is not limited to date on Resolutions, Constitution, Minutes of Board Meetings, funding statements.
 

ASSESSMENT CRITERION 5 
5. Reference networking channels are known and accessed to verify that the customer can legally enter into the contract. 
ASSESSMENT CRITERION RANGE 
Networking channels include but are not limited to credit and background checks of legal entities, liasing with peers.
 

SPECIFIC OUTCOME 4 
Comply with the legal requirements when entering into and finalising a contract. 

ASSESSMENT CRITERIA
 

ASSESSMENT CRITERION 1 
1. The customer's obligations and the general terms of the contract are explained as per company specific requirements. 
ASSESSMENT CRITERION RANGE 
Terms include but are not limited to monthly payments on due date, sufficient funds available.
 

ASSESSMENT CRITERION 2 
2. The consequences in breach of contract are explained to the customer as per company specific requirements. 
ASSESSMENT CRITERION RANGE 
Breach includes but is not limited to non-payment, late payment.
Consequences include but are not limited to bank to cash in security (policy), legal action taken against customer.
 

ASSESSMENT CRITERION 3 
3. The bank's obligation to perform under a contract are explained to the customer as per company specific requirements. 
ASSESSMENT CRITERION RANGE 
Obligations include but are not limited to:
  • Payment intermediary - payment against negotiable instruments
  • Collections Agent - deposits of negotiable instruments
  • Custodial depository requirements
  • Duty of care / Duty of secrecy
     

  • ASSESSMENT CRITERION 4 
    4. All parties are in agreement that the contract will be legal and binding as per company specific requirements. 

    ASSESSMENT CRITERION 5 
    5. The documentation is signed of by contracting parties as being final and sufficient as per company specific requirements. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    1. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA.

    2. Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA.

    3. Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines in the relevant qualification and the agreed ETQA procedures.

    Therefore anyone wishing to be assessed against this unit standard may apply to be assessed by any assessment agency, assessor or provider institution which is accredited by the relevant ETQA. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Have knowledge and understanding of statutory and common law relating to contracts
    Have knowledge and understanding of the principles and policies relating to the granting of finance 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    The learner is able to identify an solve problems when determining contractual capacity ensuring accurate decisions can be taken on the documentation to be selected for the opening of the account. 

    UNIT STANDARD CCFO WORKING 
    The learner is able to work effectively with others when utilising networking channels so that complete and accurate information about the financial history of the customer is obtained. 

    UNIT STANDARD CCFO COLLECTING 
    The learner is able to collect, analyse, organise and critically evaluate information when adhering to the legal requirements relating to documentation, ensuring all relevant documentation is obtained to enter into a legally binding contract with a customer. 

    UNIT STANDARD CCFO COMMUNICATING 
    The learner is able to communicate effectively both verbally and in writing when explaining to the customer the terms and conditions of the contract, as well as the obligations of the customer. 

    UNIT STANDARD CCFO SCIENCE 
    The learner is able to use science and technology effectively when capturing information electronically, ensuring complete and accurate information on new accounts is reflected on computer systems. 

    UNIT STANDARD CCFO DEMONSTRATING 
    The learner is able to understand the relationships between status of the customer, contractual capacity and how these factors will influence the nature of the contract being entered into. 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Legal Requirements:

    Banks Act
    Companies Act


    Terminology:

    Mandate - A written agreement between the customer and the Bank as to how his/her account will operate. It is a legal document which gives the bank the authority to perform a task or a certain duties on behalf of a customer.

    Statutory Law - Any law clearly executed by Parliament/Provincial or other local authority

    Common Law - The buddy of law commonly applied by South Africa 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  20185   Further Education and Training Certificate: Banking  Level 4  NQF Level 04  Reregistered  2023-06-30  BANKSETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. Absa Learning & Development 
    2. Chartall Business College 
    3. Cornerstone Performance Solutions (Pty) Ltd 
    4. Felix Risk Training Consultants 
    5. Firstrand Bank - Benmore 
    6. Nedbank Ltd 
    7. The Facilitation Workshop 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.