ADVOKS GLOBAL · KENYA
The Capital Markets (Public Offers, Listings and Disclosures) Regulations, 2023
33. Compliance officers
Edition: 2023-12-15 · In force
33. Compliance officers
(1)An issuer shall, after the issuance or listing of the issuer’s securities, appoint, engage or designate a person to be the issuer’s compliance officer.(2)A compliance officer shall—(a)support the issuer to comply with the Act, these Regulations and any relevant written law during the period that the issuer’s securities are listed;(b)review, before publication, all financial information announcements, and any other documentation to ensure that the announcements or documentation accurately disclose all material information to shareholders and the market;(c)submit all required documents to the securities exchange and ensure that the documents comply with the continuing disclosure obligations;(d)take all reasonable steps to brief the members of the board of directors of the issuer as to the nature of the directors’ responsibilities under the continuing disclosure obligations, other applicable regulations and general nature of the directors’ obligations in relation to holders of securities;(e)ensure that all new appointments to the board of directors of the issuer are complete;(f)ensure that the members of the board of directors of the issuer undertake training in corporate governance and the Directors Training Programme within six months after being appointed;(g)attend all board audit committee meetings of the issuer in an advisory capacity to ensure that the issuer conducts its meetings in compliance with the continuing listing obligations; and(h)carry out any activities relating to the issuer as may be requested by the securities exchange.(3)Each transaction adviser and compliance officer shall, in the discharge of their responsibilities under these Regulations, observe due care and skill and ensure that they observe the highest level of integrity in their conduct and judgment.