The Capital Markets (Securities Lending, Borrowing and Short-selling) Regulations

5. Persons to undertake securities lending and borrowing

Edition: 2022-12-31 · In force

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5. Persons to undertake securities lending and borrowing

(1)A securities lending and borrowing transaction shall be carried out by—

(a)a regulated person; or

(b)any other person specified for that purpose by the Authority.

(2)A regulated person or a person specified by the Authority in accordance with subregulation (1) shall comply with—

(a)these regulations;

(b)any additional requirements that may be imposed by the Authority; and

(c)any other requirements that may be imposed by its primary regulator.

(3)A regulated person may act as an intermediary for a securities borrower or lender:Provided that the intermediary shall disclose any potential or actual conflicts of interest in relation to his or her role in the securities lending or borrowing transaction to the borrower or lender as the case may be.

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Source: Kenya Law