ADVOKS GLOBAL · KENYA
The Capital Markets (Collective Investments Schemes) Regulations, 2023
137. Service of notices and other documents
Edition: 2023-12-15 · In force
137. Service of notices and other documents
(1)Any notice or document required to be served upon a participant shall be deemed to have been duly served—(a)in the case of participatory interests held by a registered participant, if it is sent by post to or left at his or her address as appearing in the register or sent by electronic mail to the email address appearing on the register; or(b)in the case of participatory interests for the time being represented by investment certificates, if it is given in the manner provided for in the updated trust deed or most recently published prospectus.(2)Any notice required to be served, or information to be supplied or given to any other person, including the Authority, shall be in writing or in such other form as enables the recipient to know or to record the time of receipt and to preserve a legible copy of the notice.(3)Any notice or document served by post shall be deemed to have been served on the seventh day following that on which the letter containing the notice or document is posted, and in proving that service, it shall be sufficient to prove that the letter was properly addressed, stamped and posted; and any notice or document left at a registered address or delivered other than by post shall be deemed to have been served on the day it was so left or delivered.(4)A notice or document served by electronic mail to a participant’s registered email address shall be deemed to have been served upon production of the transmission report.(5)Service of a notice or document on any one of joint holders shall be deemed effective service on the other joint holders.