Friday, 24 March 2017
CIRCULAR NO _ OF 2017
TO: ALL FUND MANAGERS MANAGING REGISTERED COLLECTIVE INVESTMENT SCHEMES
The Authority, for the benefit of informed investor protection and equitable transparency wishes to remind the fund managers of all Collective Investment Schemes to adhere fully to the Capital Markets (Collective Investment Schemes) Regulations, 2001 when compiling annual financial statements.
Upon the review of audited financial statements for the year ended December 31, 2015, it is evident that there is partial compliance to this regulation among the Collective Investment Schemes.
The Authority seeks to bring to your attention the following regulations that should be complied with during the compilation of end year financial results as outlined in the Capital Markets (Collective Investment Schemes) Regulations, 2001:
Note: In addition to information on investment objectives, fund performance and income, the trustee’s report should include a report on whether in the custodian’s opinion, the fund manager has in all material respects managed the scheme in accordance with the provisions of the CMA Regulations, incorporation documents, the information memorandum and the rules of the collective investment scheme, and if the fund manager has not done so, the respect in which it has not done so and the steps which the custodian has taken in respect thereof.
Note: The fee charged by the fund manager and the fees payable to the trustees should be disclosed in the financial reports.
Note: The comparative table should set out the performance record over the last 5 calendar years or over the whole period in which it has been in existence if less than five years.
The report should also show the total value of the collective investment scheme portfolio and the price for a share of each class and the number of shares of each class in issue at the end each of the last three annual accounting periods (or all of the collective investment scheme’s accounting periods, if less than three).
Note: In addition to the auditor’s professional opinion on whether the financial statements give a true and fair view of the state of financial affairs of the fund, the report of the auditor should cover other key matters including whether the accounts have been properly prepared in accordance with the CMA Regulations.
The purpose of this circular is to inform all the Fund Managers of Collective Investment Schemes to ensure that the above are incorporated in the annual report of the Collective Investment Schemes in addition to any other disclosures for the financial year ended December 31, 2016 and all subsequent financial years. Note that all other reporting obligations for Collective Investment Schemes remain the same.
Kindly ensure compliance and do not hesitate to contact the Authority in case you require further clarification.
Paul M. Muthaura
THE CAPITAL MARKETS ACT (CAP 485A)
STAKEHOLDER CONSULTATIVE PAPER ON POLICY FRAMEWORK
FOR IMPLEMENTATION OF REGULATORY SANDBOX
The Capital Markets Authority is mandated to promote the growth and development of Kenya’s capital markets, with the aim of positioning Nairobi as the preferred regional investment destination of choice through facilitative regulation and innovation. In this regard, the Authority is in the process of developing a framework to create a ‘safe space’ (or Regulatory Sandbox) in which businesses can test innovative Financial Technology (FinTech) products, services, business models and delivery mechanisms for the capital markets in a live environment, without immediately incurring all the normal regulatory consequences of engaging in the Fintech activity in question.
In view of the foregoing, the Authority has developed the First Consultative Paper that discusses the key ingredients of such a regulatory regime, to inform stakeholders on benefits, rationale, practices in other jurisdictions and a proposed framework for Regulatory Sandbox in Kenya.
The Authority has published the “STAKEHOLDERS’ CONSULTATIVE PAPER ON POLICY FRAMEWORK FOR IMPLEMENTATION OF REGULATORY SANDBOX TO SUPPORT FINANCIAL TECHNOLOGY (FINTECH) INNOVATION IN THE CAPITAL MARKETS IN KENYA”paper on its website.
The Authority therefore invites stakeholders and the general public to submit comments on the proposed policy framework. The proposed consultative paper can be accessed on www.cma.or.ke.
This Notice has been issued in accordance with section 12A of the Capital Markets Act to commence stakeholder and public consultation for the next thirty (30) days.
Kindly submit your comments by July 20, 2017 to:
The Chief Executive
Capital Markets Authority
Embankment Plaza, 3rd Floor,
Longonot Road, Upperhill
P.O. Box 74800-00200, Nairobi