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Press Release
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Compliance with the Capital Markets Coffee Exchange Regulations 2020
The Capital Markets (Coffee Exchange) Regulations, 2020 granted the Capital Markets Authority (the Authority) the
mandate to licence Coff ee Exchange(s) and Coffee Brokers. Consequently, the Authority has so far licensed twelve coffee
brokers. The list of the licensed coffee brokers is published on the Capital Markets Authority website www.cma.or.ke
The Nairobi Coffee Exchange (NCE) was on 1 May 2023 granted a three (3) months extension of its in-principle approval to
continue operating as a Coffee Exchange until 31 July 2023. This extension is meant to give the NCE time to work towards
full compliance with The Capital Markets (Coffee Exchange) Regulations, 2020 including but not limited to onboarding a
Direct Settlement System (DSS) provider.
In line with the Authority’s mandate, of not only regulating but also facilitating the development of orderly, fair, and
efficient capital and commodities markets in Kenya, the Authority supports smooth transition of the Coffee Subsector
reforms and hereby:
1. Invites Growers across the country to note the two sets of Regulations governing the Coffee Sub-sector that is; The
Capital Markets (Coffee Exchange) Regulations,2020 and The Crops (Coffee) (General) Regulations, 2019 and to only
contract coffee brokers who are duly licensed by the Authority.
2. Advises any person already contracted to sell coffee on behalf of Growers without a coffee broker licence shall not
enter into new contractual arrangements since only duly licensed coffee brokers by the Authority are authorized
to conduct such business. However, such persons have a viable option of selling stocks currently held through the
licensed coffee brokers.
3. Notifies the public that, trading at the NCE shall be under new Trading Rules aligned to The Capital Markets (Coffee
Exchange) Regulations,2020 and that settlement shall be conducted through a Direct Settlement System (DSS) for
transparent and efficient settlement of coffee sales proceeds.
In the interim, any person desirous of obtaining a coffee broker licence should fully comply with the provisions of The Capital
Markets (Coffee Exchange) Regulations,2020 and The Crops (Coffee) (General) Regulations, 2019.
Compliance with the Capital Markets Coffee Exchange Regulations 2020
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Public Notice About Recent Developments at Transcentury Plc and East African Cables Limited, Companies Listed at Nairobi Securities Exchange
The Capital Markets Authority (CMA) is aware that on 16 June 2023, TransCentury PLC and East African Cables Ltd, both being listed companies on the Nairobi Securities Exchange (NSE) were served with statutory administration notices. However, it has been established that both orders have since been suspended by the courts, pending the full hearing of the subject matters.
CMA is following these developments and if need be will communicate further any decision that may be deemed appropriate.
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Stakeholder and Public Feeback on Draft Regulations
The Capital Markets Authority (CMA/The Authority) is charged with the mandate of regulating and developing Kenya’s capital markets. In line with the Statutory Instruments Act, the Capital Market Master Plan 2014 – 2023 and the Strategic Plan, the Authority is undertaking review and overhaul of various regulations. The regulatory review exercise is aimed at enhancing regulatory responsiveness to changing dynamics and market developments, technological advancements and emerging supply and demand side stakeholder needs.
In this regard, the Authority has reviewed and overhauled the below regulations in a bid to make them
responsive to market needs and emerging issues: –
- Capital Markets (Licensing Requirements) (General) Regulations, 2023
- Capital Markets (Take-overs and Mergers) Regulations, 2023
In accordance with Section 12A (3) of the of the Capital Markets Act the Authority now invites stakeholders
and the general public to submit comments on the draft Regulations, available on www.cma.or.ke.
CMA to participate in World Investor Week 2017
Nairobi, 29 September, 2017…As one of the key initiatives of its Investor Education and Public Awareness Strategy, the Capital Markets Authority (CMA) has announced its participation in the World Investor Week (WIW) 2017 taking place from 2-8 October, 2017. The week-long event is a global outreach by securities regulators aimed at raising awareness about the importance of investor education and protection. The WIW 2017, an initiative of the International Organization of Securities Commissions (IOSCO), will see 72 countries in six continents executing investor focused activities.
During WIW 2017, the Authority will conduct engagements targeting university students, investor education outreach through Huduma Centres in Meru and Eldoret, radio campaigns, a social media campaign and a competition on the Resource Centre Portal that was recently launched.
The World Bank Group, Organization for Economic Cooperation and Development (OECD), International Forum for Investor Education (IFIE), Financial Planning Standards Board (FPSB), Inter-American Development Bank (IDB), International Network of Financial Services Ombudsman Schemes (INFO) and G20 Germany are supporting the global outreach initiative. WIW is expected to offer an opportunity to IOSCO members to work in collaboration with all investor education and protection stakeholders at both the local and international level.
The CMA Chief Executive Mr. Paul Muthaura observed, ‘the initiative will add impetus to the Authority’s Investor Education and Public Awareness Strategy, which has seen CMA reach over 60,000 people in 30 counties so far. CMA targets investors, potential issuers and market intermediaries. The Authority is cognizant of the critical role that financial literacy plays in the attainment of the Vision 2030 objective of increasing the savings level to 30 percent of the GDP.’
Mr. Muthaura noted that the Authority continues to build strategic alliances with Government Ministries, County Governments, financial sector regulators, academia, professional associations and market intermediaries to enhance the reach of its investor education program as it seeks to deepen the capital markets.
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Background Information on the Capital Markets Authority
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. 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 Capital Markets Authority Head of Corporate Communications, Antony Mwangi on amwangi@cma.or.ke.
CMA cautions investors against investing in unregulated products offered or promoted by unlicensed firms or unapproved entities
Nairobi, 17 June 2021…In line with its investor protection mandate, the Capital Markets Authority (CMA) has cautioned investors against investing through unlicensed and unapproved entities.
The CMA Chief Executive, Mr. Wyckliffe Shamiah, advised investors to only invest through licensed and approved entities who offer and promote regulated products, to enable them get protection offered by the Authority through the capital markets legal and regulatory framework. Investors who invest in unregulated products offered or promoted by unlicensed and unapproved entities risk loss of their investments with no recourse afforded to them under the capital markets regulatory framework.
Following numerous enquiries regarding the licensing status of the Cytonn Investment Group, Mr. Shamiah said, “the Authority confirms that Cytonn Investments is not a licensed and approved entity.” He further stated that, “investors who are affected by investing in unregulated products should report to the Capital Markets Fraud Investigation Unit
(CMFIU), which is the Police Unit attached to the Capital Markets Authority. CMFIU is currently investigating the issue for criminal violations for investors in the Cytonn High Yield Solutions (CHYS). He reiterated the Authority on 20 April 2020 communicated this same information to the public’’.
CMA has licensed Cytonn Asset Management Limited, which is licensed as a Fund Manager managing the following regulated funds: Cytonn Money Market Fund; Cytonn Balanced Fund; Cytonn Equity Fund; Cytonn Africa Financial Services Fund; Cytonn Money Market Fund (USD); and Cytonn High Yield Fund. So far CMA has not received any complaints on these regulated products.
Investors are advised to confirm the names of the licensed and approved entities offering services in the capital markets industry from the CMA website www.cma.or.ke. Members of the public who have been affected or have come to be aware of such illegal entities are advised to report to the Authority or to the Capital Markets Fraud Investigation Unit.
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BACKGROUND INFORMATION ON THE CAPITAL MARKETS AUTHORITY
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. 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 and International Relations, on amwangi@cma.or.ke
Securities Lending and Borrowing & Short-Selling Regulations expected to enhance liquidity in the capital markets
Nairobi 16 January 2018….The Capital Markets Authority (CMA) has lauded the Cabinet Secretary to the National Treasury for the gazettment of the Capital Markets (Securities Lending, Borrowing and Short-Selling) Regulations 2017, which are expected to facilitate enhanced liquidity in the capital markets.
Speaking while confirming the new development, the CMA Chief Executive, Mr Paul Muthaura said, ‘’Making the Kenyan capital markets highly vibrant and liquid is a key priority for the capital markets industry and the Securities Lending, Borrowing and Short-Selling Regulations are expected to facilitate this’’.
Mr Muthaura further observed that this new development is one of the recommendations of a 2015 World Bank-supported study on the state of liquidity in Kenya which recommended several measures to improve liquidity. Some of the proposals included: introduction of market makers, removal of pre-funding and pre-validation checks, introduction of circuit breakers instead of price bands, Securities Lending and Borrowing (SLB) and Short Selling. Among the key initiatives which the World Bank Report recommended for immediate implementation was the introduction of Securities Lending and Borrowing (SLB) as well as Short Selling.
Mr Muthaura added that the initiative is aligned to the Authority’s mandate of promoting the development of Kenya’s capital market to be an investment destination of choice through facilitative regulation and innovation as anchored in the Strategic Plan (2013-2017) and Capital Market Master Plan (2014-2023). He explained that in the pursuit of this mandate, CMA has been implementing regulatory reforms as well as introducing new products and services aimed at deepening, diversifying and strengthening the securities industry.
Recent developments include the publication of Policy Guidance Notes for Exchange Traded Funds & Policy Guidance Notes for Asset-Backed Securitization; the implementation of a cross-sectoral program on Islamic Finance development and the implementation of a new Code of Corporate Governance Practices among others.
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BACKGROUND INFORMATION
Securities Lending and Borrowing (SLB)
This is the temporary transfer of securities from one party to another, with a simultaneous formal agreement to return the securities at a pre-agreed price either on demand or at an agreed date in the future. Full legal title to the securities is transferred from the lender to the borrower so that the securities can be used entirely as the borrower desires, including selling them onward to others. SLB transactions are governed by the terms of securities lending agreements aligned to terms and conditions as agreed by the parties and in line with international best practice. Lenders and borrowers will always have unique characteristics that cause them to either remain on the borrowing side or lending side. Borrowers are market participants who identify trading opportunities that will more than make up for the lending fee costs. Most borrowers are therefore active market participants who take advantage of price movements. They include market makers, arbitragers, directional short sellers or players in the derivatives and Exchange Traded Funds markets.
Unlike borrowers, lenders are usually institutional investors, particularly pension funds and insurance companies, that are long or medium term investors in the securities. We also have high net worth individual investors whose interest is to grow the value of their portfolios over the medium to long term. They therefore lend securities in order to earn a lending fee and increase the return on their portfolio.
The loaning of securities may be for a fixed term, or at times may be left open so that securities can be recalled by the lender or returned by the borrower as and when necessary. The structure of SLB involves three parties i.e. the lender, lending agent and the borrowers. The impetus to lend securities stems from a desire to increase the financial performance of the funds while creating minimal risk to the funds. Lending agents provide support services to lenders. They maintain a pool of assets available for lending and cut on administrative costs for the lenders. The above set up improves liquidity by unlocking securities to facilitate trades and subsequently increasing the number of transactions.
Under normal circumstances, the securities to be returned by the borrower are not required to be the same, i.e. same registration number, and rather will be what is referred to as wholly equivalent. Wholly equivalent means the returned securities are of equivalent value/maturity or the same number and counter. One critical thing that an effective SLB program needs to address is potential lender’s risk in the event that the borrower fails to return the borrowed securities. Normal practice is therefore that securities lending is always accompanied by collateral from the borrower. The collateral is thus used to mitigate the credit risk between the counterparties. The collateral may be delivered to the lender, or to a person acting as an agent for the borrower, or be maintained within separate accounts by the borrower on behalf of the lender. The collateral is usually in the form of cash or liquid securities.
With regards to the economic interests of the lender, it is important to note that lenders have a medium to long term horizon which is tied to the return on his/her holdings. It is therefore in their interest to ensure that as much as the securities are loaned to the borrower and the legal title transferred to the borrower, they seek to retain the economic interests in the same such as those related to voting rights for equities. Securities loans are therefore constructed in a way to enable the lender continue enjoying all the economic benefits of ownership of the securities, during the period of the loan. That means that even though the dividends and interest are paid to the borrower, the borrower is under obligation to pass them to the lender at an appointed time.
As a consequence of the arrangement, the lenders are equally exposed to investment risks such as rise and fall in the value of those securities as well as default risk by the issuer.
Short Selling
Short selling is a transaction involving selling a financial instrument that the seller does not own at the time of the sale. Normally, the short-seller will “borrow” or “rent” the securities to be sold, and later repurchases identical securities for return to the lender. SLB and short selling are a complementary pair. While short selling facilitates trade, securities lending and borrowing ensures settlement. Without short selling, an investor’s activities are pegged and limited to the size of their asset holding. This implies that even when demand prevails, the degree to which they take advantage of that demand is limited.
Short-sellers profit from a decline in the price of the financial instrument. Short selling or “going short” is contrasted with the more conventional practice of “going long”, which occurs when a financial instrument is purchased with the expectation that its price will rise. This is the current option in the Kenyan capital markets for both equity and debt markets which ultimately restricts the benefit of market activity to when the market is only moving in one direction. Typically, being “long” is a way of saying that you own a positive number of the securities while being “short” is where you own a negative number of the securities. If the security price rises, the short seller loses by having sold them for less than the price at which he later has to buy for return to the lender. The practice is risky because prices may rise without bound, even beyond the net worth of the short seller. The act of repurchasing a shorted security is known as “closing” a position or “covering”. There are some costs involved in short selling, notably that the lender charges a fee for loaning out its securities, but in an ideal world the shorter may still stand to make substantial profits where he has planned appropriately. The process generally relies on the fact that securities are fungible, so that the securities returned do not need to be the same securities (i.e., the same registration numbers) as were originally borrowed.
Capital Markets Authority
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. 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 Capital Markets Authority Head of Corporate Communications, Antony Mwangi on amwangi@cma.or.ke.
CMA CEO GETS INTERNATIONAL RECOGNITION-
Nairobi September 20, 2017……The Capital Market Authority (CMA) Kenya’s Chief Executive, Mr. Paul Muthaura, has been elected the Vice Chairman of the Growth and Emerging Markets Steering Committee (GEM), representing the interests of over 75 percent of the membership of International Organization of Securities Commissions (IOSCO). GEM covers emerging markets including the BRICS, frontier and nascent capital markets with many of its members showing significant potential for economic growth in the long-term. The GEMC also includes 10 representatives to the G-20, which it works with intensively together with theFinancial Stability Board (FSB), towards the global regulatory reform agenda.
The election as the Vice Chairman of GEM adds another prestigious feather to Mr. Muthaura’s cap, being an elevation from his current position as the Vice Chair of the Africa Middle East Regional Committee (AMERC) of IOSCO. He further continues to serve on the IOSCO Board, to which he was elected in September 2014.
Kenya has been recognized as a leading voice in articulating policy concerns unique to emerging markets and developing economies and is fast gaining recognition as a reference point in discussions around technology innovations within the financial services sector globally.
Commenting on the recent appointment, Mr. Muthaura said; “The appointment is a welcome opportunity for Kenya to take a leadership position in the growth and emerging markets space and play a pivotal role in influencing policy discussions and global regulatory standards at the IOSCO Board level’’.
Mr. Muthaura added that his election as the GEM Vice Chair, cements Kenya’s position as a thought leader, given the major strides the country has made in transforming the capital market landscape by facilitating a robust legal and regulatory framework and introduction of new products, which serves to enhance issuer and investor confidence, while encouraging innovation.
Mr. Muthaura stands out among regulators in the growth and emerging markets for his role in spearheading the implementation of key reforms in the capital markets in Kenya, which have facilitated accelerated innovation and growth. Some of the key innovations include; the introduction of principles-based approval regime for new products and services; the rollout of Global Depositary Receipts and Notes, Exchange Traded Funds, Real Estate Investment Trusts, and Exchange Traded Derivatives; and the overhaul of Kenya’s Corporate Governance framework.
The recent appointment adds impetus to Mr. Muthaura’s role in developing practical solutions at GEM, AMERC and Board level in IOSCO to mitigate the unintended consequences of global regulatory reforms on emerging and frontier markets, strengthening Africa’s voice in the Financial Stability Board and the G-20 work-streams related to capital markets issues and fostering new approaches to capacity building by leveraging expertise within the membership.
The appointment of Mr. Muthaura comes against the backdrop of continued implementation of the Capital Market Master Plan (2014-2023), the industry’s 10-year blueprint, designed to bolster industry efforts to ensure that Kenya attracts local and foreign interest and investment.
This has seen the introduction of new products and pursuit of ambitions to list 3-4 companies annually to broaden and deepen the capital markets in Kenya as Nairobi seeks to be established as an International Financial Centre.
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BACKROUND INFORMATION ON GROWTH AND EMERGING MARKETS COMMITTEE (GEM)
The Growth and Emerging Markets Committee (GEM) is the largest Committee within IOSCO, representing over 75 percent of the IOSCO’s ordinary membership. Mr. Ranjit Ajit Singh, Chairman, Securities Commission, Malaysia, and Vice Chair of the IOSCO Board, is the Chair of GEM. The Committee seeks to promote the development and greater efficiency of emerging securities and futures markets by establishing principles and minimum standards, providing training programs and technical assistance for members and facilitating the exchange of information and transfer of technology and expertise.
GEM comprises 88 members and 19 non-voting associate members who include the world’s fastest growing economies and 10 of the G-20 members. Emerging economies are expected to represent a growing portion of IOSCO membership as new members continue to join.
IOSCO is the only international standard setter that has a Committee solely responsible for emerging market issues. This inclusiveness increases IOSCO’s effectiveness and positions it to play a bigger part in shaping the global regulatory framework: IOSCO has been allocated an extra seat at the Financial Stability Board Plenary for the Chairman of the GEM. The GEM also has a seat on the IFRS Foundation Monitoring Board.
The Africa/Middle East Regional Committee is one of the four regional committees constituted by IOSCO to focus on regional issues relating to securities regulation in the Africa/Middle East Region. The Committee is chaired by Mr. Mounir Gwarzo of the Securities and Exchange Commission of Nigeria and has 24 members from markets ranging from Financial Services Board South Africa, the Dubai Financial Services Authority, Capital Markets Authority Saudi Arabia, the Egyptian Financial Supervisory Authority and the West Africa Monetary Union.
BACKGROUND INFORMATION ON THE INTERNATIONAL ORGANIZATION OF SECURITIES COMMISSIONS (IOSCO)
The International Organization of Securities Commissions (IOSCO) is the international body that brings together the world’s securities regulators and is recognized as the global standard setter for the securities sector. IOSCO develops, implements and promotes adherence to internationally recognized standards for securities regulation. It works intensively with the G20 and the Financial Stability Board (FSB) on the global regulatory reform agenda.
BACKROUND INFORMATION ON THE CAPITAL MARKETS AUTHORITY
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.
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 further press information, please contact: Antony Mwangi, Head of Corporate Communications, on Email: amwangi@cma.or.ke
“Calling on Exhibitors’’: IT’S EPIC, DIVERSE AND BETTER THAN EVER BEFORE
Are you an institution or stakeholder in the capital markets and want to increase your institutions public reach and profile?
Do you want to interact with over 10,000 potential and current investors?
First Time Ever in Kenya !!
THE CAPITAL MARKETS WEEK 2017
“Calling on Exhibitors’’
IT’S EPIC, DIVERSE AND BETTER THAN EVER BEFORE
The Capital Markets week is a week-long event organized by the Capital Markets Authority in partnership with capital markets industry stakeholder; The weeklong event includes several concurrent initiatives countrywide during the same week that will culminate into the Capital Markets Open day.
The initiatives will run from May 3rd, 2017 to May 6th, 2017 and a Capital Markets Open day at the Kenyatta International Convention Centre, Tsavo Ballroom.
The event targets participants from business and professional communities, the County Government as well as the General Public within various regions of Kenya, Nairobi County and its environs.
The week’s objective is to create an environment where current and potential investors and Issuers may interact with various capital market Intermediaries and listed companies to receive pertinent information that will assist them to make informed decision while participating in the capital markets industry. The event is also intended to give exhibitors an opportunity to market their products and services to the public.
Exhibitors will have an opportunity to: –
- Interact with current and potential investors on one on one basis.
- Provide information on their institution’s products and services.
- Interact with other institutional investors.
- Participate in the Open Day Conferences.
- Increase the image and visibility of their institution
Some of the institutions expected to exhibit at the Open Day during the Capital Markets week include, the Capital Markets Authority, the Central Depository and Settlement Corporation, Listed Companies, Private Equity and Venture Capital Firms, Banks, Fund Managers, Stockbrokers, Custodians, Investment Banks, Investment Advisors among others.
This is a call to All Exhibitors. If you are operating within the Capital Markets sector as a Market Intermediary, listed company or stakeholder and are interested in participating as an exhibitor during this Open Day, kindly contact the Authority through Halkano Huqa or Esther Gitonga on Tel.020 2264900 E-mail: hhalkano@cma.or.keor egitonga@cma.or.ke: Website: www.cma.or.ke
You can book your space based on differentiated participation packages tailored for your needs. Space is limited and it will be on a first come basis.
The Principal Sectretary,Dr.Kamau Thugge officially opening the 4th Annual Capital Markets 2016 Open day, Looking on is Mr.James Ndegwa Chairman of the Capital Markets Authority Board