ADVOKS GLOBAL · KENYA
The Capital Markets (Licensing Requirements)(General) Regulations, 2025
57. Furnishing of information to the Authority.
Edition: 2025-12-11 · In force
57. Furnishing of information to the Authority.
(1)Each person notified by the Authority pursuant to section 13 of the Act shall provide any specified information in the form and content as required by the Authority, with regards to the information on orders, purchases, sales or trading and settlement of securities including documentation relating to such transactions and disclosure of beneficial ownership of securities and such information may be shared with other regulatory agencies for the sole purpose of ensuring compliance, enforcement and any other matters pursuant to a bilateral or multilateral memorandum of understanding.(2)The information sought from any person under subregulation (1) shall be submitted to the Authority in a written form within the time specified by the Authority and such information may include statements made under oath.(3)Where information has been submitted to the Authority under subregulation (2), the Authority may seek to verify such information and the person in possession of such information and documentation shall avail it without obstruction to the authorized personnel of the Authority.(4)The Authority shall enter into a memorandum of understanding pursuant to section 11(3) (q) of the Act either on a bilateral or a multilateral basis with other regulatory organizations or agencies on a reciprocal basis to facilitate exchange of information for the purposes of development of the capital markets and for enforcement and compliance with the laws and regulations of capital markets applicable in the jurisdictions party to the memorandum of understanding.(5)Where the Authority does not have within its jurisdiction information or documents requested under a bilateral or multilateral memorandum of understanding the Authority shall seek to collaborate with other relevant agencies to obtain such information with a clear understanding with such other agencies that the information may be shared with other regulatory agencies pursuant to the memorandum of understanding.(6)The information obtained under subregulations (1) and (5) shall be used by the Authority for regulatory purposes including enforcement and compliance and sharing with other regulatory agencies pursuant to the memorandum of understanding.(7)The Authority may include information obtained under paragraphs (1) and (5) by the Authority for its internal regulatory purposes or exchange such information pursuant to section 11(3) of the Act.