
Gold Ownership, Custody and Settlement Evidence Checklist
Gold exposure can come through coins, bars, pooled accounts, exchange-traded products, certificates or derivatives. The Shariah and practical questions depend on what the buyer owns, when ownership transfers, how settlement works and whether specific metal is held.
Educational information only: This is not investment, legal, tax or Shariah advice. Verify the contract, provider and custody arrangement with qualified professionals.
1. Identify the instrument
Record whether the purchase is a specific coin or bar, allocated account, pooled claim, fund unit or another exposure. Do not rely on the word “gold”.
2. Verify the provider
Capture the legal seller, platform, custodian and storage provider. Check applicable regulatory records and company details.
3. Record the asset specification
For physical metal, note weight, purity, refiner, serial number where available and product form. Link it to the invoice or custody record.
4. Establish legal ownership
Read the contract to determine whether the client owns identified metal, an undivided pool interest or a claim against the provider.
5. Confirm the trade time
Record order, execution and payment timestamps. Preserve the quoted and executed price, currency and quantity.
6. Review settlement
Document when payment becomes final and when ownership or entitlement is credited. Refer deferred or netted settlement structures to a qualified Shariah reviewer.
7. Examine allocation
Ask whether specific metal is allocated to the client and whether it can be independently verified. Record bar lists or account-level evidence.
8. Check custody terms
Identify storage location, insurance, audit process, access rights and insolvency treatment. Confirm whether the custodian may use or lend the metal.
9. Test redemption rights
Record minimum quantities, notice periods, delivery locations, identification requirements and charges. A redemption promise may differ from immediate possession.
10. Identify leverage or derivatives
Check for borrowing, margin, futures, options, swaps or synthetic replication. Send complex exposure to qualified financial and Shariah reviewers.
11. Reconcile fees and spreads
Separate dealer spread, platform, custody, insurance, delivery and exit charges. Compare the invoice to the account statement.
12. Collect Shariah evidence
Retain the product-specific methodology or certificate, scope and review date. Confirm that the evidence covers the actual ownership and settlement model.
13. Keep tax records
Record acquisition cost, currency conversion, disposals and fees for a registered tax practitioner. Do not infer tax treatment from physical delivery.
14. Plan security and succession
For physical holdings, document secure storage without exposing access details. Record provider death or incapacity procedures for custodial holdings.
15. Maintain the gold evidence register
Instrument and provider
Metal specification or underlying exposure
Ownership, trade and settlement
Custody, audit and redemption
Fees, tax and Shariah evidence
Useful official starting points include FSCA regulated-entity information, SARB Financial Surveillance and SARS.
The completed file should make clear what the investor owns, when ownership arose, where the metal or exposure is held and how it can be verified or redeemed.
