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The Capital Markets (Real Estate Investment Trusts) (Collective Investment Schemes) Regulations

115. Removal of a valuer

Edition: 2023-10-06 · In force

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115. Removal of a valuer

(1)The trustee shall remove a valuer if—
(a)the valuer ceases to be qualified under regulation 111 other than where a valuer has a conflict or is otherwise not qualified only in respect of a particular acquisition or disposition and an alternative valuer has been appointed for the purpose of undertaking such valuation;
(b)the valuer goes into liquidation, becomes bankrupt or a receiver or administrator is appointed over the assets of the valuer;
(c)the trustee, on its own initiative or following a request from the REIT manager, is of the opinion that it is desirable in the interests of the REIT securities holders;
(d)the REIT securities holders pass an ordinary resolution for the removal of the valuer; or
(e)the valuer has contravened any provisions of the scheme documents, the Act or these Regulations.
(2)The REIT securities holders shall not pass a resolution for the removal of the valuer under paragraph (1)(d) unless—
(a)it has issued to the Authority, a notice of at least seven days of the intention to hold the meeting;
(b)the valuer has been given the opportunity to be present at the meeting and to be heard either orally or through written submissions; and
(c)takes into consideration, the recommendations of the trustee and the REIT manager.
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Source: Kenya Law