Login|Contact Us
Question and Answer

South Africa Law

Ask a South Africa Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

if I wanted to crowdsource funds .. hold the funds for a pre-determined

 
inciteadvisor's Avatar
  • Answered by:inciteadvisor
  • Commercial Lawyer
  • Positive Feedback: 99.7 %
  • Accepted Answers: 785
Verified Expert
in South Africa Law

Recent Feedback

Positive
Thanx a lot!
Positive
Thank you sincerly for your feedback. I've battled with this for a few months...
Positive
Thx this help a lot
Positive
Excellent professional service although I have been wrong in one instance, money...
Positive
Not exactly what we wanted to hear, but at least we know how to proceed.
Positive
Very helpful and informative.. thank you
Positive
Very satisfied with well explained reply
Positive
Thanks for your help this well at least help me what i must do. I will have to...
Positive
Totally satisfied with the answers and prompt attention.

Customer Question

if I wanted to crowdsource funds .. hold the funds for a pre-determined time and then transfer the fund to the receiving person, what regulations would I need to adhere to?

 

Optional Information:
Province: western cape

Submitted: 288 days and 6 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED
Picture
Expert:  Mike Otis replied 288 days and 5 hours ago.

Welcome, and thank you for your question.

In order to enable me to assist, could you perhaps provide further information.
1. What is the nature of your business?
2. For what purpose will the funds be sourced?
3. How much?
4. Where do you plan to source the funds, locally or from overseas?
5. Where will the funds be held?
6. Will you be acting as an intermediary or are the funds intended for your own use?
7. Any other information that could place your proposed transaction in the proper context.

Yours faithfully,

Customer replied 288 days and 4 hours ago.

Hi,


 


I am investigating a crowdsourcing funding website.


There will be a campaign that will run, the campaign will have a target.


Users will be able to use their credit cards to help a campaign reach it's target by giving money to the campaign.


 


The money will sit in the sites merchant account until it is time to pay the funds across to who ever the campaign intended it to go to.


 


The funds can be sourced for what the user that starts the campaign dreams up.


 


The total amount of a campaign can be anything but we could set a limit


 


The funds will be sourced locally


 


The funds will held in the merchant account


 


The site will act as an intermediary


 


It is similar to other fund sourcing site around the world, I am programmer and have no idea of what legal obligations I will need to meet


 


Thanks,


Tim

Picture
Expert:  inciteadvisor replied 287 days and 7 hours ago.

Welcome, thank you for the opportunity to address your question.

I need a bit more information in order to provide you with a comprehensive answer:

  • Would the "user" or "campaign" recipients of the funds be registered charities, NGOs or other entities / purposes?
  • The incoming payments would be solicited donations and not service payments?
  • On what basis would funding for the website project be raised or deducted or is this a non for profit venture?

Best regards,

inciteadvisor41100.4151976852

Customer replied 287 days and 5 hours ago.

Hi,


 


The site would be similar to http://www.indiegogo.com/


It's a crowd funding site.


A user would start a campaign to raise x rands.


Other users can help that user reach the targeted amount.


Once the campaign tilts .. target is reached the money is debited from the donating users credit cards and transferred to the user who started the campaign. So no money is actually held by the site, but it acts as some kind of intermediary.


 


So I guess the payments would be solicited donations.


 


The website doesn't need to be funded, I just to find out what legal regulations if any I need adhere to


 


thanks,


tim

Picture
Expert:  inciteadvisor replied 287 days and 3 hours ago.

Tricky question.

Whilst you no longer require a fund raising number in order to raise funds under the Non Profit Organisation act it could be prudent to register as a Non-Profit Organisation as it would certainly add to the credibility of the service offered and would provide a structure to ensure all funds are duly paid over for the purpose they were donated. Given the high risk of fraudulent beneficiary claims, it would be prudent to manage the endeavor from within a Company to reduce personal potential liability.

Legislation, regulations and terms you need to consider:

  1. The Lotteries Act; the structure and nature of the transactions should in no manner appear to offer any element of chance or the awarding of any monetary or other prizes.
  2. Income Tax act; the transactions need to be structured in such a way that the donations do not constitute gross revenue in your hands.
  3. National Payments Acts; the terms of payments should not constitute a payment service if the funds are to accumulate for more than 24 hours;
  4. The Bank's merchant card agreement in relation to third party payments, one can look to holding the collected funds in a trust account;
  5. Liability for misrepresentations; you would need to do reasonable screening of beneficiaries in order to not give credence to fraudulent misrepresentations, whilst at the same time making the benefactors alive to the possibility of potential fraudulent beneficiaries and disclaiming any liability in the terms of use.

In summary, it is plausible but the you would have to be attentive to the vehicle (non-profit company etc), the means (payment methodology) and the risk posed by misrepresentation.

I trust that the legal information and perspective provided is helpful in assessing your position going forward. I am always happy to clarify any aspect of my answer should you so require.

Best regards,

Customer replied 286 days and 10 hours ago.

Hi


 


Thanks, XXXXX XXXXX more thing :)


The way the site will make an income will be to take a small % 3-5% of the funds accumulated .


 


How does think affect the legal standing


 


Tim

Accepted Answer

Picture
Expert:  inciteadvisor replied 286 days and 6 hours ago.

I would strongly suggest that the benefactors are charged for reasonable website costs and screening costs in the form of a fixed fee together with ad valorum administration and advertising service charges and an ad valorum commission. You would be required to declare your interest in the proceeds to the donors within the site terms and conditions.

It would also be prudent for the benefactors to agree to your right to set-off any costs against the accumulated donor proceeds before the beneficiary is paid out.

I trust that the legal information and perspective provided is helpful in assessing your position going forward. I am always happy to clarify any aspect of my answer should you so require.

Best regards,

Expert TypeCommercial Lawyer
Category: South Africa Law
Pos. Feedback: 99.7 %
Accepts: 785
Answered: 7/11/2012

Experience: B.Com LLB Registered Corporate lawywer

Ask this Expert a Question >
 
Tweet

Lawyers are Online Right Now

Ask Your Question Now
South Africa Law Questions Date Submitted
Hi, i would like some advice about my legal rights o take action 2/26/2013
If a foreigner wants to change a visitors visa to a working 12/17/2012
I am 66 yrs old have worked for the same company for 26 years 12/7/2012
My vraag verwys na my oorspronlike vraag heel onder waarop 6/25/2012
I was caught on traffic camera driving 91km/h in a 60kmh zone 5/25/2012
we rented a house. the landlord gave us 3 written warnings 5/5/2012
Under South Africa law is there a legal obligation on chidren 3/27/2012
hi there , can you please help me I am considering using a 10/31/2011
I have been accused (in private) by a person who claimed I 10/14/2011
Type Your South Africa Law Question Here... 10/8/2011
RSS
Next 10 >
Ask A Lawyer
Type Your South Africa Law Question Here...
characters left:

Top South Africa Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
235 Lawyers are Online Now
Type Your South Africa Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan