Microlenders

About

  • Microlenders are registered and regulated in terms of the Microlending Act, 2018 (Act No. 7 of 2018) (“the Act”).

    A “microlender” means any person who, as a regular feature of their business advances loans to borrowers in terms of microlending transactions.

    A “microlending transaction” means any loan transaction in respect of which –
    1. The loan amount does not exceed the amount of N$100,000
    2. The principal debt and finance charges must be re-paid to the microlender within 60 months
    3. Excludes any money lending transaction in terms of which the finance charges do not exceed 1.6x the prevailing prime rate

    “Finance charges” means the total of any valuable consideration a borrower owes to a microlender in terms of a microlending transaction, which does not form part of the principal debt (max. 30% finance charges for microlending transactions where the loan is repaid within 5 months and max. 2x prime rate when paid back over a longer period than that).

    Applicants are required to have:
    1. Start-up capital of at least N$5,000
    2. A principal office (physical address in Namibia)
    3. A principal officer (individual in the full time employ of the microlender who meets the fit and proper criteria as required by the Standards and the Schedule)
    4. An appointed auditor, accounting officer or bookkeeper
Application Process

Registration Process

  • To submit any applications to NAMFISA, an applicant must:
    1. Apply to create a profile on NAMFISA Online
    2. Apply to reserve the proposed entity name
  • Complete the Application for Registration Form on NAMFISA Online (ERS)
  • Once the applicant’s profile has been created, they will be granted access to an Application for Registration Form on NAMFISA Online (ERS).

    This online form must be fully completed and submitted.

    NB: If submitted successfully, the status of the form will change to “pending approval”.

Application Requirements

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In terms of the Financial Intelligence Act, 2012 (Act No. 13 of 2012) (FIA), NAMFISA has an obligation to supervise, monitor, and enforce compliance with the provisions of FIA in respect of all Accountable Institutions (AIs) supervised by it.

In light of the above and in addition to the submission of the LP & NP FAP Requirements Forms and Proof of Source of Funds (and the supporting documents), the following should be complied with when applying for registration:

  1. Compliance Officer Appointment: Appoint a Compliance Officer, who will act as the primary point of contact for all regulatory and anti-money laundering compliance matters;
  2. Financial Intelligence Center (FIC) Registration Form: Complete and submit the Financial Intelligence Centre (FIC) Registration Form as part of the application for registration;
  3. FIA Compliance Program: Submit a FIA Compliance Program as part of the application for registration, ensuring alignment with the latest guidelines.
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    In terms of section 18 of the Act, a Microlender may not, without prior written approval from NAMFISA:

    1. Change the name under which the Microlender is registered
    2. Use or refer to itself by a name other than the name under which the Microlender is registered
    3. Use or refer to itself by a shortened form or derivative of the name under which the Microlender is not registered.

    Requirements:

    1. Application Form – Change of Name of a Microlender
    2. Original certified copies of Form CC2, if the Microlender is a close corporation / Form CM9 and Form CM26 if the Microlender is a company
    3. Effect the change on NAMFISA Online (ERS) by completing and submitting a “Change Company Name” Form
    4. Submit the hard copy application form and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na
    5. Return of original licence in old name upon collection of new licence (if the original licence has been lost, a police declaration to that effect must be submitted)

    Every microlender must have a principal office in Namibia.

    Where it becomes necessary after registration for the Microlender to change the address of the principal office, the Microlender must within 14 days of such change of address notify NAMFISA in writing.

    Requirements:

    1. Letter or email notifying NAMFISA of the change
    2. Original certified copy of the Certificate of Fitness and Registration as issued by the relevant local authority
    3. Effect the change on NAMFISA Online (ERS) by completing and submitting a “Change Company Details” Form
    4. Submit the hard copy application and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    A Microlender must inform NAMFISA should its contact details or that of its directors, members, principal officer, branch managers, or auditor/accountant/bookkeeper change.

    Requirements:

    1. Letter notifying NAMFISA of the change
    2. Effect the change on NAMFISA Online (ERS) by completing and submitting a “Change Company Details” Form (the contact details of a director/member must be updated by completing and submitting a “Add/Remove/Update Director” Form)
    3. Submit the hard copy application and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    Requirements:

    1. Letter notifying NAMFISA of the change
    2. Original certified copies of CC2 and CC9 if the microlender is a close corporation / CM39 and CM26 if the microlender is a company
    3. Effect the change on NAMFISA Online (ERS) by completing and submitting a “Change Company Details” Form
    4. Submit the hard copy application and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    An Microlender may not change its principal officer without prior written approval of the Registrar.

    A principal officer must:

    1. comply with NAMFISA’s fit and proper requirements for key responsible persons in terms of Schedule 1 of the Act;
    2. be in possession of a Grade 10 certificate or equivalent qualification and have at least four years administrative or business experience; or
    3. be in possession of a Grade 12 certificate or equivalent qualification and have at least two years administrative or business experience; 
    4. be employed at the microlending business on a full-time basis. If, at the time of the application, the proposed principal officer is employed elsewhere, they must submit a sworn statement confirming that they will resign from their current position and be in the full-time employ of the microlending business once the application is approved.

    Requirements:

    1. Letter notifying NAMFISA of the change
    2. Natural persons fit and proper statement initialled on every page and signed in the presence of an independent Commissioner of Oaths (or a Notary Public, if signed outside Namibia)
    3. Up-to-date Curriculum Vitae (clearly indicating the person’s employment status at the time of the application)
    4. Original certified copy of Identity Document/Passport
    5. Original certified copy(s) of Certificate(s) of Conduct (not older than 12 months). The Certificate(s) of Conduct must be from all jurisdictions the person lived in the past 10 years
    6. Original certified copies of Academic Qualifications
    7. Original certified copies of proof of his or her relevant experience, including but not limited to Reference Letters from previous employers or clients or Certificates of Service from previous employers, or in the absence thereof, a declaration under oath confirming his or her relevant experience
    8. Signed Declaration of Interests
    9. Effect the change on NAMFISA Online (ERS) by completing and submitting a “Change Company Details” Form where the above-mentioned documentation must be uploaded
    10. Submit the hard copy application form and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na
    1.  

    Should the Microlender, appoint a new branch manager, such appointment must be made within 30 days after the previous appointment came to an end and the Microlender must, within 14 days of the new appointment, in writing, notify NAMFISA.

    A branch manager must:

    1. comply with NAMFISA’s fit and proper requirements for key responsible persons in terms of Schedule 1 of the Act; 
    2. be in possession of a Grade 10 certificate or equivalent qualification and have at least two years administrative or business experience; 
    3. be in possession of a Grade 12 certificate or equivalent qualification and have at least one year administrative or business experience.

    Requirements:

    1. Letter notifying NAMFISA of the change
    2. Natural persons fit and proper statement initialled on every page and signed in the presence of an independent Commissioner of Oaths (or a Notary Public, if signed outside Namibia)
    3. Up-to-date Curriculum Vitae (clearly indicating the person’s employment status at the time of the application)
    4. Original certified copy of Identity Document/Passport
    5. Original certified copy(s) of Certificate(s) of Conduct (not older than 12 months). The Certificate(s) of Conduct must be from all jurisdictions the person lived in the past 10 years
    6. Original certified copies of Academic Qualifications
    7. Original certified copies of proof of his or her relevant experience, including but not limited to Reference Letters from previous employers or clients or Certificates of Service from previous employers, or in the absence thereof, a declaration under oath confirming his or her relevant experience
    8. Signed Declaration of Interests
    9. Effect the change on NAMFISA Online ERS, where the above-mentioned documentation must be uploaded
    10. Submit the hard copy application form and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    A Microlender must notify NAMFISA of every appointment or resignation of members of its board of directors.

    Requirements:

    1. Letter notifying NAMFISA of the change
    2. Natural persons fit and proper statement initialled on every page and signed in the presence of an independent Commissioner of Oaths (or a Notary Public, if signed outside Namibia)
    3. Up-to-date Curriculum Vitae (clearly indicating the person’s employment status at the time of the application)
    4. Original certified copy of Identity Document/Passport.Original certified copy(s) of Certificate(s) of Conduct (not older than 12 months). The Certificate(s) of Conduct must be from all jurisdictions the person lived in the past 10 years
    5. Original certified copies of Academic Qualifications
    6. Original certified copies of proof of his or her relevant experience, including but not limited to Reference Letters from previous employers or clients or Certificates of Service from previous employers, or in the absence thereof, a declaration under oath confirming his or her relevant experience
    7. Signed Declaration of Interests
    8. Effect the change on NAMFISA Online (ERS) by completing and submitting a “Add/Remove/Update Directors” Form where the above-mentioned documentation must be uploaded
    9. Submit the hard copy application form and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    A person must apply to NAMFISA, for written approval before purchasing, amalgamating or transferring the ownership/business of a Microlender.

    Requirements

    1. Application Form – Purchase, Amalgamation or Transfer of Microlending Business
    2. Letter notifying NAMFISA of the change containing:
      • Current organogram
      • Proposed organogram (depicting the complete structure of the group, including: the extent of interest held by the different shareholders in the group and sufficient information to enable NAMFISA to identify the ultimate beneficial owners as defined in the Financial Intelligence Act)
      • A signed copy of the agreement for the purchase, amalgamation or transfer of the microlending business
    3. Where the applicant is a corporate entity or trust:
      • Original certified copy of the applicant’s Income Tax registration certificate and, if applicable, an original certified copy of the applicant’s VAT registration certificate issued by the relevant tax authority
      • Original certified copy of the entities Memorandum of Association and Articles of Association or Trust Deed and/or any other instrument constituting or defining the constitution of the corporate entity/trust
    4. If the applicant is a natural person:
      • Original certified copy of Identity Document/Passport
      • Original certified copy(s) of Certificate(s) of Conduct (not older than 12 months)
      • The Certificate(s) of Conduct must be from all jurisdictions the person lived in the past 10 years
      • Signed Declaration of Interests
    5. Effect the change on NAMFISA Online ERS, where the above-mentioned documentation must be uploaded
    6. Submit the hard copy application form and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    The registration of a microlender is valid for one year, calculated from the date of registration, and expires on the last day of such year.

    The application for renewal, the form and manner and the fee payable as required by Microlending Standard 6, must be submitted to NAMFISA at least 60 days prior to the date of the expiry of the term of registration.

    Requirements:

    1. Application Form – Annual Renewal of the Registration of a Microlender
    2. A certified copy of a valid Good Standing Certificate issued to the microlender by the relevant tax authority of Namibia
    3. Proof of payment of the non-refundable renewal fee of N$500.00

    4. Complete and submit an “Annual Renewal” form on NAMFISA Online ERS, where the above-mentioned documentation must be uploaded

    NB: Changes to any of the following cannot be done through the submission of a renewal application.

    1. Appointment of a principal officer
    2. Appointment branch managers
    3. Change of address of the principal office
    4. Change of addresses of the approved branches
    5. Approval of an additional microlending branches
    6. Changes to the ownership/membership/shareholding
    7. Changes to directorship/trusteeship

    These must be done in the form and manner as required in Standard Microlending 1 & 2.

    A microlender may not, without the prior written approval from NAMFISA, open additional microlending branches.

    The opening of an additional microlending branch must be made on a form set out under Schedule 6 attached to Microlending Standard 1.

    The microlender must, within three months of the approval of the additional microlending branch, submit to NAMFISA a form set out under Schedule 7 of Microlending Standard 1.

    Requirements:

    1. Schedule 6 – Application for additional microlending branch
      • Proof of source of funds and the amount to be invested in the envisaged additional microlending branch; and the city, town or village and the suburb within the city, town or village where the additional microlending branch will be located
    2. Schedule 7 – Additional microlending branch post-approval form
      • Original certified copy of the certificate of fitness and registration issued by the relevant local authority, village council, town council or municipality pertaining to the additional microlending branch
      • A declaration that the office set-up of the additional microlending branch complies with the basic office infrastructure requirements in terms of the existence of: electronic device(s) with subscription to a credit bureau which has been established in terms of the relevant laws, office tables and chairs; and filing system(s)
      • Original certified copy of the branch manager’s identity document or passport
      • Updated curriculum vitae of the branch manager
      • Original certified copies of his or her educational qualifications and proof of his or her relevant experience, including but not limited to reference letters from previous employers or clients or certificates of service from previous employers, or in the absence thereof, a declaration under oath confirming his or her relevant experience
      • Original certified copy of the branch manager’s certificate of conduct/crime clearance certificate, issued by such person’s local police, and which was issued no longer than 12 months prior to the date of application to NAMFISA
      • The completed Sections F, G and H and the relevant Declaration under oath of Schedule 1 of the Standard

    NB: Section 21(4) of the Act states that if NAMFISA approves the opening of an additional branch, the microlender must appoint a branch manager within 30 days from the date of approval and the microlender must, within 14 days of the appointment, in writing, notify NAMFISA

    A microlender who intends to conduct any other business not related to the microlending business from the licensed premises or parts of the licensed premises must apply for prior written approval from NAMFISA to conduct such business.

    A microlender who intends to conduct such other business not related to the microlending business must have a separate bank account for the microlending business and keep the banking records of the microlending business separate from that of the other business.

    Requirements:

    1. Schedule 5 – Application to conduct other business on licenced premises
    2. Proof, from a banking institution, of a separate bank account opened for such other business pursuant to section 20(3) of the Act
    3. Certified copy of the certificate of fitness and registration issued by the relevant local authority, village council, town council or municipality as proof that the premises is fit for the envisaged other business activities to be conducted
    4. Printed declaration of the NAMFISA ERS form which must be signed by the principal officer or any other key responsible person
    5. Effect the change on the NAMFISA Electronic Regulatory System (“ERS”)

    6. Submit the hard copy application form and all the supporting documents to NAMFISA Reception, Upper Ground Floor, 51 -55 Werner List Street, Gutenberg Plaza, Windhoek or email it to licensing@namfisa.com.na

    • A microlender may at any time make an application to NAMFISA for the cancellation of the registration as a microlender or for the variation of the conditions subject to which the registration was granted. See section 12 of the Microlending Act.
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