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Tuesday, 07 September 2010
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Mandate of the Authority
The Capital Markets Authority is established by an Act of Parliament to promote, regulate and facilitate the development of an orderly, fair and efficient Capital Markets in Kenya.
 
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CMA renews extended licenses

May 26, 2008: Capital Markets Authority (CMA) has today renewed the licenses of six stockbrokers and one investment Adviser, who had earlier been given three months to fully comply with the CMA licensing requirements. The stockbrokers whose licenses have been renewed are; Bob Mathews Stockbrokers, Crossfield Securities Limited, Discount Securities Limited, Ngenye Kariuki and Company Limited, Reliable Securities Limited, and Solid Investment Securities Limited, together with WSD Capital Kenya Limited, an investment adviser.

"It is notified for general information that the Authority has in exercise of the lower conferred by section 11(3) (e) and pursuant to section 25 of the Capital Markets Act, today 26th May renewed the licenses of the above firms,” said a
statement from CMA’s Corporate Communications and Market Development Manager, Mr. Samuel Njoroge.

“However the license of Franklin Management Consultants limited has been suspended with effect from May 26, 2008,” says the statement. Several processes are undertaken by the Authority in regard to license renewal including conducting license renewal inspections for the licensee. The results are also communicated to the licensees. The Board of the Authority takes into account several factors in determining whether to renew a licensee. The board of the Authority has the option to either; renew the annual license of a licensee; renew the annual license of a licensee on condition that it meets certain requirements within a stipulated time; or extend the previous year’s license of the licensee for a period of three months.

Ends

Notes to the editor:

The Capital Markets Authority (CMA) was set up in 1989 through an Act of parliament Cap. 485 A Laws of Kenya. The CMA, which is a body corporate with perpetual succession and a common seal, was constituted and inaugurated in 1990. The CMA is a statutory agency charged with the prime responsibility of regulating the development of orderly, fair and efficient capital markets in Kenya. It licenses and supervises market intermediaries, conducts on-site and off-site market surveillance and enforces compliance, and promotes market integrity and investor confidence.

The principle objectives of CMA are:

  • The development of all aspects of the capital markets with particular emphasis on the removal of impediments to, and the creation of incentives for longer term investments in, productive activities;
  • To facilitate the existence of a nationwide system of stock market and brokerage services so as to enable wider participation of the general public in stock market;
  • To create, maintain and regulate a market in which securities can be issued and traded in an orderly, fair, and efficient manner, through the implementation of a system in which the market participants regulate themselves to the maximum practicable extent;
  • To protect investor interests;
  • To operate a compensation fund to protect investors from financial loss arising from the failure of a licensed broker or dealer to meet his contractual obligations; and
  • To develop a framework to facilitate the use of electronic commerce for the development of capital markets in Kenya.

 

 
Highlights
AUTHORITY APPROVES A BONUS ISSUE BY JUBILEE HOLDINGS LIMITED.

The Capital Markets Authority (CMA) has granted approval toJubilee Holdings Ltd for the issue of bonus shares in the ratio of one (1) new ordinary share for every ten (10) ordinary shares held as at close of business on June 14, 2010, and their subsequent listing  on the Main Investment Market Segment of the Nairobi Stock Exchange. This will result in an additional 4,500,000 ordinary shares of a par value of Kshs. 5.00 each to the shareholders of Jubilee Holdings Limited.

 “In approving the bonus issue and listing of the additional shares, the Authority has considered the application by Jubilee Holdings Ltd and is satisfied that it meets the requirements of the Capital Markets Act 485(A) and Regulations issued there under.” Said CMA Chief Executive, Mrs. Stella Kilonzo.  

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Appointment Of Transaction Advisers
The Capital Markets Authority wishes to draw the attention of all licensees and members of the public to the provision of Regulation 5A of the Capital Markets (Public Offer, Disclosure and Listing) Regulations 2002 which came into effect on June 11, 2009 and which provides as follows:
  • Any company proposing to offer its securities to the public or a section of the public shall appoint a transaction adviser.
  • A transaction adviser appointed under paragraph (1) shall be responsible for ensuring that the offer of securities is made in accordance with the Act and regulations issued thereunder.
  • A person shall not be eligible for appointment as a transaction advisor unless such a person is licensed as an investment bank or is approved by the Authority to act as a transaction advisor for the particular offer of securities.
In accordance with this provision, ALL issuers of securities to the public are required to appoint a Transaction Adviser that is licensed as an Investment Bank or in the alternative, prior to appointing a transaction adviser that is not a licensed Investment Bank, to seek the Authority’s approval of such a person.

Kindly note that that save for Investment Banks, all persons seeking to act as transaction advisers shall be required to seek prior approval from the Authority before they are considered eligible to act as a transaction advisers.

The Authority may consider the appointment of a joint team of transaction advisers provided that the same comprises a licensed Investment Bank.

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Renewal Of Capital Market Licences For The Year 2010

The attention of the Capital Markets Authority has been drawn to an erroneous report that appeared on the Tuesday May 11th 2010  Standard Newspaper’s , Financial Journal section, Page 9 titled ‘Will CMA renew brokers licences?’.


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CAUTIONARY STATEMENT

The public are advised to be wary of and to avoid giving money to companies that hold themselves out as carrying on the business of Investment Advisers or any other licensed activity without holding valid licenses issued under the Capital Markets Act.

The public should note that the Capital Markets Act (Cap 485A) and regulations prohibit any company from carrying on the business of a licensed person without the requisite licence.  A list of all persons holding a license from the Authority is available on the website of the Authority (www.cma.or.ke) and investors should not hesitate to contact the Authority for any clarifications on the same.

The Authority shall take appropriate action against any unlicensed persons that carry on or hold themselves out as carrying on the business of a licensed person. In this regard the Authority specifically warns the public over any dealings with the following entities:

1.    Caribbean Stocks
2.    Caribbean Solutions Finders Limited
3.    Orgacilla Merchants

We would like to take this opportunity to request the public to provide the Authority with any information on any such unlicensed persons to enable us to take action in the interest of investors.

Investors with queries or complaints may also contact the Capital Markets Fraud Investigation Unit on  0714 693414, 0714693365, 0731544389, 0733199622 or by email on This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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The CMA Fraud Investigation Unit (CMFIU) arrests an Investment Advisor

The Capital Markets Authority (CMA) Fraud Investigation Unit (CMFIU) investigations has led to the arrest of an investment advisor licensed by CMA. The accused, Mr. David Chege Mworia is a Director of Prudential Capital Ltd which is an investment advisory firm licensed by the Authority. He was a former employee of Ngenye Kariuki and Company Ltd currently under Statutory Management.

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