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adra constitution

ADRA is duly incorporated Section 21 Company existing not for gain but to serve the occupational needs of its membership.  ADRA is governed by a comprehensive constitution containing its objectives, organisational structures and rights and obligations of the association, its management structures and its individual members.


ADRA members unconditionally and irrevocably adopt this Constitution and by accepting membership undertake to uphold not only the letter of the constitution but the spirit and ethos of ADRA.


Download the Constitution


ADRA Code of conduct

The ADRA Code of Conduct contains the basic guide to conduct expected members towards ADRA, its clients, consumers and the public in general as well as the disciplinary procedure to be followed should a breach of the Constitution and/or Code of Conduct ne alleged.  Likewise by accepting ADRA membership, members unconditionally and irrevocably undertake to abide by the Code of Conduct and hold itself bound not only to the letter of the code but the spirit and ethos it encompasses.


Download the Code of Conduct


adra membership application

Join the home and voice of the South African professional debt collection industry


Do I qualify for membership?


Full membership


If you are prepared to submit to the ADRA standards of professionalism and you fall within one of the following categories your application will be considered.   


  • a practising debt collector entity and registered with the Council for Debt Collectors as such (including tracing agents and estate agents practising in the field of property administration), or
  • an entity intending to enter into debt collection practise as described above, or
  • a credit provider with an in-house or affiliated debt collection division, or
  • a law firm registered with the Law Society and hold a valid Fidelity Fund Certificate and practise in the field of debt collection.


Affiliated membership


If you are prepared to submit to the ADRA standards of professionalism and ethics and you fall within one of the following categories your application will be considered.


  • a credit provider, or
  • service provider to the debt collection industry, or
  • are able to otherwise demonstrate a vested interest in the debt collection industry

 


How do I apply for membership?


Complete the Membership Application Form link and forward to ADRA via email, fax or post together with proof of payment of the application fee.  We will contact you in further processing your application.



How long does the application process take?


Once your application is submitted and the R100 EXCL VAT non-refundable application fee paid, ADRA will contact you for an interview, which might be conducted telephonically or in person at your offices or the ADRA office or an office of one of our board members in your area.  


By applying for membership you agree to all information contained on in your application form as well as your general suitability for membership being verified.


Most application processes are completed with a week (often within a day).  Should you not qualify for membership in an area which could be rectified, ADRA will within reason assist you in becoming compliant..  Should you not qualify for membership you will be informed of the reasons for your exclusion.



Where do I pay the application fee?


ADRA Bank Details:


Account Holder:      The Association of Debt Recovery Agents

Bank:                         First National Bank

Branch:                     Randburg (Branch Code 254005

Account No:             62435449360

Reference:               Applicant Full Name.


Take Note: If you intend practising as "debt collector" and are not yet registered as "debt collector" with the Council for Debt Collectors you are first to register with the Council and include your registration number in the ADRA Membership Application Form.   On the right hereof is a guide to registration with the Council and all the documentation and information required.  Should you need any further assistance herein ADRA will gladly assist.




If I have difficulty in applying for membership may I call on you for assistance?


Of course you may.  For immediate assistance please phone the ADRA Office at 011 476 4922 or simply forward a request for assistance via this website.

Council for debt collectors registration

Although the registration of "Debt Collectors" as defined in the Debt Collectors Act is regulated by the Council for Debt Collectors (statutory industry regulator), ADRA has a very material interest in ensuring that all participants in the debt collection industry is duly registered and abide by the statutory Code of Conduct.


In promoting compliance with the law, ADRA provide the following guide to registering as "debt collector" with the Council.


Who must register as "debt collector"


In terms of the Debt Collectors Act,

  1. All entities (including sole proprietors and trusts), and
  2. Owners/Directors/members/Partners/Sole Proprietors, and
  3. Employees and agents of such entities who collects debt as described immediately below

must be registered as "debt collector" with the Council for Debt Collectors.



Section 1 of the Debt Collectors Act defines a "debt collector" as follow:


"debt collector"means-

(a)   a person, other than an attorney or his or her employee or a party to a factoring arrangement, who for reward collects debts owed to another on the latter's behalf;

(b)   a person who, other than a party to a factoring arrangement, in the course of his or her regular business, for reward takes over debts referred to in paragraph (a) in order to collect them for his or her own benefit;

(c)   a person who, as an agent or employee of a person referred to in paragraph (a) or(b) or as an agent of an attorney, collects the debts on behalf of such person or attorney, excluding an employee whose duties are purely administrative, clerical or otherwise subservient to the actual occupation of debt collector;


Take Note that the entity (employer), each of the owners of the entity and each employee employed in such entity which employees performs functions directly associated with the recovery of debt must each be individually registered.



Who is disqualified from registering as "debt collector"


The disqualifications for registration as a debt collector are contained in section 10(1) of the Act. Of importance is the fact that if one of the directors of a company or a member of a close corporation is not competent to be registered, such company or close corporation cannot be registered.


A person who is not competent to be registered in terms of section 10(1) of the Act because he or she has in the preceding 10 years been convicted of an offence of which violence, dishonesty, extortion or intimidation is an element may in terms of section 10(2) of the Act apply to the Minister for Justice and Constitutional Development, Private Bag X 256, Cape Town, 8000 to be exempted from the disqualification.  The application must correspond substantially with Form 2 prescribed by regulation 3.  If the application is successful, such person can be registered. 



Under which category must I register and how?


A.   Registration of an entity (Company or Closed Corporation)


Complete Form 1B and submit with the following attachments:

  • A letter from the bank indicating that a trust account has been opened in terms of section 20(1) of the Debt Collectors Act,1998 (Act 114 of 1998); and
  • A letter from an auditor or an accountant indicating his or her appointment to audit the trust account; and
  • CM 29 in respect of a company; or
  • CK 1 or CK 2 in respect of close corporations.
  • Proof of payment of the registration fees and annual subscription fees applicable in the amount of R3 420.00 (R1500 Excl. VAT Registration Fee + R1500 Excl. VAT Annual Subscription)

B.   Registration of all trustees of a trust, partners in a partnership and sole proprietors.


Complete Form 1C and submit with the following attachments

  • A letter from the bank indicating that a trust account has been opened in terms of section 20(1) of the Debt Collectors Act,1998 (Act 114 of 1998); and
  • A letter from an auditor or an accountant indicating his or her appointment to audit the trust account; and
  • Proof of payment of the registration fees and annual subscription fees applicable, and
  • Trust Deed in respect of a trust, or
  • Partnership Agreement if you are in partnership
  • Proof of payment of the registration fees and annual subscription fees applicable in the amount of R1 368 (R600 Excl. VAT Registration Fee + R600 Excl. VAT Annual Subscription)


C.   Registration of directors of a company, members of a closed corporation and all employees who perform functions directly associated with debt collection.


Complete in full and submit Form 1A and include the following attachments  

  • A copy of the applicant's identity document; and
  • Proof of payment of the registration fees and annual subscription fees applicable: and
  • A short CV of the individual
  • Proof of payment of the registration fees and annual subscription fees applicable in the amount of R 912 (R400 Excl. VAT Registration Fee + R400 Excl. VAT Annual Subscription)


If change from employer do I have to register all over?

In the case of a transfer from one employer to another, a new application must be lodged (Form 1A)complying with the applicable procedural requirements.  Proof of payment of R 114 VAT included must accompany the application and the original registration certificate should be attached.



Where do I pay the registration and annual subscription fees?


All payments are to be made either by a bank cheque or direct deposit or an electronic transfer into the Council's bank account. The particulars of the account are as follows:


Bank:                   ABSA Private Bank


Branch Code:       632 005 (Park Town)


Account No:          4055948699


Type Account:      Cheque


Applicants are requested in the case of a company or close corporation to use their registration number as deposit reference.  Individuals are requested to use their identity number as deposit reference. If a reference number is less than 14 digits, a zero or zeroes must be added at the beginning, to make up 14 digits required as a reference number.  Proof of deposit into the Council's bank account MUST accompany the application.  Applicants are encouraged to make payments directly into the Council's bank account rather than sending it by post.


All questions must be answered and the application must be signed by the applicant.  The original application must be submitted - copies and faxes are not accepted. 



Where do I send the application form and attachments too?

Applications must be submitted to Council by:


Ordinary Post

Courier

Council For Debt Collectors

Council for Debt Collectors

P.O Box 836

West Wing - Ground Floor

Silverton

Rentmeesterpark

0127

74 Watermeyer Street

 

Val de Grace

 

Pretoria


New applications by postal delivery should not be addressed to the physical address but to the address given under ordinary post.  The physical address, while reliable for courier services, is not advisable for postal deliveries since this may result in substantial delays in processing applications.

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