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The Capital Markets (Foreign Investors) Regulations

2. Interpretation

Edition: 2022-12-31 · In force

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2. Interpretation

In these Regulations, unless the context otherwise requires —"authorized depository" means a bank licensed under the Banking Act (Cap. 488) or a financial institution licensed by the Authority to hold in custody, funds, securities, financial instruments or documents of title to assets registered in the name of local investors, foreign investors or of an investment portfolio;"Cabinet Secretary" means the Cabinet Secretary responsible for the National Treasury;"days" means calendar days excluding Saturdays, Sundays and public holidays;"East African Community Partner State" means States that are members of the East African Community;"East African investor" deleted by LN 78/2007, r. 2(b);"free float" deleted by LN 113/2015, r. 2(a);"foreign investor" means any person who is not a East African Community Partner States;"issuer" means a company or other legal entity incorporated or established under the laws of East African Community Partner States that offers securities to the public or a section thereof, whether or not such securities are the subject of an application for admission or have been admitted to listing;"institutional investor" means a body corporate including a financial institution, collective investment scheme, fund manager, dealer or other body corporate whose ordinary business includes the management or investment of funds whether as principal or on behalf of clients;"listed company" means an issuer any part of whose shares have been listed at a securities exchange;"local investor" in relation to —
(a)an individual, means a natural person who is a citizen of an East African Community Partner State;
(b)a body corporate means a company or any other body corporate established or incorporated under the Companies Act or under the provisions of any written law of an East African Community Partner State in which the citizens or the government of an East African Community Partner State have beneficial interests in one hundred per centum (100%) of its ordinary shares;
"official list" means a list specifying all securities which have been admitted to listing on any of the market segments of a securities exchange;"public offer" has the meaning assigned to it in regulation 5 of the Capital Markets (Securities) (Public Offers, Listing and Disclosures) Regulations, 2002 (L.N. 60/2002);"reserve" deleted by LN 113/2015, r. 2(c);[L.N. 78/2007, r. 2, L.N. 28/2008, r. 2, L.N. 113/2015, r. 2.]
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Source: Kenya Law