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The Capital Markets (Investment-Based Crowdfunding) Regulations

26. General obligations

Edition: 2022-12-31 · In force

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26. General obligations

(1)Every crowdfunding platform operator shall disclose and display on its platform relevant information relating to the platform and its use, including—
(a)how the platform operates;
(b)users rights and responsibilities;
(c)eligibility criteria for prospective issuers and investors;
(d)investor education materials;
(e)complaint handling and dispute resolution procedures;
(f)disclaimers and limitation of liability, highlighting the platforms legal liability for damages incurred by its users; and
(g)related fees and charges for using the platform.
(2)In addition to the requirements set out in sub-regulation (1), a crowdfunding platform operator shall undertake—
(a)to establish custodial arrangements as required by these Regulations;
(b)to monitor and ensure compliance of its rules;
(c)to take reasonable steps to prevent fraud and ensure compliance with these Regulations and relevant laws;
(d)to maintain a register and records of all investors and issuers including details of the management of all issuers and details of investor holdings;
(e)to avail any relevant document or information to the investor upon request;
(f)to notify the Authority immediately of any material changes that may occur during operations which would affect its authorization and licensing;
(g)to comply with continuous reporting obligations as specified by these Regulations; and
(h)to perform any other obligation as may be required by these Regulations or the Authority.
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Source: Kenya Law