AGADVOKS GLOBALKENYA · ENGLISH
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The Capital Markets (Investment-Based Crowdfunding) Regulations

5. Application for licence and accompanying documents

Edition: 2022-12-31 · In force

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5. Application for licence and accompanying documents

A person who intends to be a crowdfunding platform operator shall apply to the Authority for licensing in the form set out in the First Schedule accompanied by the following documents—
(a)a certified copy of certificate of incorporation;
(b)evidence of its financial soundness and capital adequacy confirming the financial position of the company including audited financial statements, management accounts and certified bank statements, where applicable;
(c)rules for the operation of its business setting out the planned activities and conduct of its platform users;
(d)details of the organization structure and profiles of the directors, management and other key personnel including duly completed fit and proper forms as provided in the Second Schedule;
(e)evidence of adequate human resources with adequate knowledge and competence on crowdfunding business;
(f)a business plan that includes financial projections;
(g)detailed information of the crowdfunding website or application to be used including system capacity and security measures and evidence of its functionality;
(h)details of platform outsourcing arrangements, if any;
(i)proposed procedures to verify the completeness, correctness and clarity of the information of the issuer and investment hosted on the platform;
(j)business continuity and disaster recovery plan;
(k)record keeping procedures including audit trail for daily operations to meet emergencies;
(l)adequate risk management framework that includes details of its fraud detection and prevention measures;
(m)the proposed standard offer document to be used;
(n)data protection policy in compliance with the relevant laws;
(o)policy on prevention of anti-money laundering and terrorism financing;
(p)the application fees set out in the Third Schedule; and
(q)any other additional documents or information as the Authority may require.
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Source: Kenya Law