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Kenya: 2009 Ernst and Young Budget Review |
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Tuesday, 16 June 2009 |
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Page 5 of 7 CAPITAL MARKETS The minister proposed a number of measures to safeguard the interest of investors and strengthen the capital markets. These include:- - Share capital for stock brokers and investment banks increased to KES50m and KES250m from KES5m and KES30m respectively. This should be complied with by 31 December 2010.
- Every stockbroker or dealer shall prepare monthly accounts within fifteen days of the end of each calendar month which shall be made available at such times as the authority may request.
- Every licensed stockbroker, fund manager and investment bank shall display through the year in a conspicuous position in every office and branch in Kenya copies of it branch sheet and profit and loss statement
- Collective investment schemes, stockbrokers, dealer, fund managers and investment banks are required under the Act to prepare financial statement complying with IFRS, within three months after the end of the year. The half year and full year financial statements should also be published in at least two daily newspapers of national circulation.
- The financial year for licensed persons should be 31 December. Grace period for compliance has been given as 12 months.
- Mandatory requirements for maintenance of certain minimum information in respect of their clients.
- A stock broker may conduct business through an agent provided the agent has been contracted in writing to render such services. The stock broker will be responsible for conducting due diligence on the agent. The stock broker is also required to forward to the Authority on annual basis a register of any stock broking agents contracted.
- A stockbroker shall not appoint as its agent any person already appointed by another stockbroker as its agents. However, there is a grace period of six months to comply with this new rule for those agents who are acting for more than one stockbroker.
- The stockbroker is responsible for the conduct of the agent and in case agent of misconduct by the agent, the stockbroker is required to report such within 48 hours of occurrence.
- Stock brokers and investment banks will be required to obtain professional indemnity insurance to secure an amount not less than five times their daily average turnover.
- Any person licensed by the authority shall not change its shareholders, directors, chief executive or key personnel except with the consent of the authority.
- A licensed person shall not open a branch or a new place of business in Kenya or change the location of a branch or existing place of business, without the approval of the authority.
- Approval must also be obtained in case of closure of business or a branch.
- Changes in capital structure to be communicated to the authority within five days
- Appointment and removal of auditors to be done with prior approval of the authority.
- New listings fees reduced from 0.3% to 0.15% of the issued capital.
- Companies proposing to offer its securities to the public or a section thereof to appoint a transaction advisor, who should be an investment bank or approved by the authority to act as such.
- Arrangers of commercial papers and corporate bonds shall be required to submit quarterly returns by the 10th day of the month following the end of the quarter.
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