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The Capital Markets (Conduct of Business) (Market Intermediaries) Regulations

30. Accounting for and use of clients’ funds

Edition: 2022-12-31 · In force

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30. Accounting for and use of clients’ funds

(1)A market intermediary shall promptly and accurately account for clients’ funds and ensure that—
(a)clients’ funds and other funds are segregated;
(b)the amount of clients funds standing to the credit of each client can be ascertained, at all times, by the Authority or any other party;
(c)funds held on behalf of a client are not used for the benefit of another client.
(2)A market intermediary shall not withdraw money deposited in a clients’ bank account unless the money is required for the purposes of—
(a)making a payment to, or in accordance with the written instructions of, a person entitled to the money;
(b)purchasing, margining, guaranteeing, securing, transferring, adjusting or settling dealing in securities effected by the market intermediary on the written instructions of a client;
(c)defraying brokerage and other charges incurred in respect of dealings in securities effected by the market intermediary on the written instructions of a client; or
(d)making a payment that is otherwise authorized by law.
[L.N. 105/2013, r. 3.]
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Source: Kenya Law