CMA seeks stakeholder feedback on amendments to the regulatory framework
Nairobi, 12 March 2024 …In line with its new strategic direction, the Capital Markets Authority (CMA) has developed Margin Trading Regulations, reviewed the Guidelines on Financial Resource Requirements for Market Intermediaries, and amended the Commodity Markets Regulations.
The CMA Chief Executive Officer, Mr. Wyckliffe Shamiah, observed; ‘’The regulatory review is aimed at enhancing responsiveness to changing dynamics, market developments, technological advancements, and emerging stakeholder expectations’’.
Mr. Shamiah explained that the introduction of Margin Trading is expected to enhance market liquidity by increasing the supply and demand for securities and maintain the stability and integrity of financial markets in line with its mandate.
Margin financing enables investors buy large quantities of securities seen as undervalued or their price has been impacted by negative news or investor sentiments but have potential for recovery. When investors are active on both the demand and supply side, investor sentiments improve, thereby attracting more investors to the stock market.
Margin Trading is a form of securities trading that involves buying securities by borrowing funds (margin loan) from a broker at an interest rate (margin rate). In margin trading, the securities trader only pays a fraction of the actual cost of the trade up-front and pledges the securities bought on margin as collateral for the remaining fraction of the cost. Margin Trading will be undertaken by Trading Participants approved by CMA.
Margin Trading was recommended as one of the measures to improve liquidity in the equity market in the 2015 World Bank Report on Potential Measures for the Improvement of Liquidity in the Kenyan Equity Markets. Other recommendations included Securities Lending and Borrowing (SLB) and Market Making. The Capital Markets (Securities Lending and Borrowing and Short Selling) Regulations were gazetted in 2017 which permit SLB and short selling.
The Authority also approved the rollout of day trading in 2021 to support the enhancement of market liquidity.
Margin Trading has been implemented in other jurisdictions such as the USA, China, Nigeria, Japan, Thailand, and India.
The Financial Resource Requirements for Market Intermediaries have been amended to include new license categories not addressed in the current guidelines. The new license categories include Intermediary Service Platform Providers, Broker-Dealers, Trustees, Custodians and Money Managers.
The Capital Markets (Commodity Markets) Regulations 2020, have been amended to introduce fees to support regulatory oversight over licensed entities in the commodities sector.
The Authority invites stakeholders to submit comments on the draft Guidelines and Regulations by 11 April 2024.
ENDS
BACKGROUND INFORMATION
The Capital Markets Authority (CMA) was set up in 1989 as a statutory agency under the Capital Markets Act Cap 485A. It is charged with the prime responsibility of both regulating and developing an orderly, fair, and efficient capital markets in Kenya with the view to promoting market integrity and investor confidence. CMA also regulates the commodity markets and online forex trading. The regulatory functions of the Authority as provided by the Act and the regulations include; Licensing and supervising all the capital market intermediaries; Ensuring compliance with the legal and regulatory framework by all market participants; Regulating public offers of securities, such as equities and bonds & the issuance of other capital market products such as collective investment schemes; Promoting market development through research on new products and services; Reviewing the legal framework to respond to market dynamics; Promoting investor education and public awareness; and Protecting investors’ interest. For more information, please contact: Antony Mwangi, Manager Corporate Affairs & International Relations on amwangi@cma.or.ke