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National Credit Act, No. 34 of 2005

País/Territorio
Sudáfrica
Tipo de documento
Legislación
Fecha
2006
Fuente
FAO, FAOLEX
Título completo
ACT To promote a fair and non-discriminatory marketplace for access to consumer credit and for that purpose to provide for the general regulation of consumer credit and improved standards of consumer information; to promote black economic empowerment and ownership within the consumer credit industry; to prohibit certain unfair credit and credit-marketing practices; to promote responsible credit granting and use and for that purpose to prohibit reckless credit granting; to provide for debt re-organisation in cases of over-indebtedness; to regulate credit information; to provide for registration of credit bureaux, credit providers and debt counselling services; to establish national norms and standards relating to consumer credit; to promote a consistent enforcement framework relating to consumer credit; to establish the National Credit Regulator and the National Consumer Tribunal; to repeal the Usury Act, 1968, and the Credit Agreements Act, 1980; and to provide for related incidental matters.
Materia
Agricultura y desarrollo rural
Palabra clave
Desarrollo agrícola Negocios/industria/corporaciones Crédito Medidas fiscales y de mercado
Área geográphica
Africa, Atlántico Sur, Africa Meridional
Resumen

This Act is created for the purpose of promoting the development of a credit market that is accessible to citizens, ensure consistency in the treatment of credit products and providers, promote responsibility in the credit market, address imbalances in the negotiating power between consumers and credit providers, address and prevent over-indebtedness of consumers, providing for a consistent and accessible system of consensual dispute resolution arising from credit agreements, among other objectives. The Act establishes the National Credit Regulator as a juristic person with powers to develop an accessible credit market, register credit providers and debt counsellors, receive complaints concerning alleged contraventions of the Act, carrying out research and public information, etc. The Act also establishes the National Consumer Tribunal. It provides for the constitution of the Tribunal and for it to function as an adjudicatory body in relation to matters arising from the Act. The Act contains regulations for the consumer credit industry, these includes; a person must apply to be registered as a credit provider where that person provides at least 100 credit agreements; a natural person may be registered as a debt counselor; it also provides for procedure for application for registration, among others. The Act goes further to provide for requirements of a credit agreement outlaws agreements which defeat the purposes of the Act, deceive the consumer, subject the consumer to fraudulent conduct, waive or deprive or deprive a consumer of a right, among others.

Texto completo
Inglés

Referencias - Legislación

Enmendado porr

National Credit Amendment Act, 2019 (Act No. 7 of 2019)

Legislación | Sudáfrica | 2019

Palabra clave: Desarrollo agrícola, Negocios/industria/corporaciones, Fortalecimiento de la capacidad, Corte/tribunal, Crédito, Medidas fiscales y de mercado

Fuente: FAO, FAOLEX