The Capital Markets Authority (CMA) is an autonomous regulatory entity established in 1990 by Cap 485 A (Act of Parliament) under the National Treasury and Economic Planning. CMA is in charge of supervising, regulating, and licensing all the individuals, companies, and market intermediaries, such as Forex Brokerage Firms, Collective Investment Schemes, Commodities and Regulated Exchanges, Insurance Institutions, Financial Advisers, the Stock Exchange, and the Central Depository and Settlement Corporation (CDSC) in Kenya. The Organization, under the Capital Markets Act, is also responsible for overseeing all the licensees for proper business conduct, paving the way for market development via innovative and research-based methods, promoting and raising public awareness, and protecting consumers and investors against all possible fraudulent activities. What makes this regulatory body stand out in its respective field is the major Acts that give the organization proper authority to take innovative, creative, and at times preventative measures to sustain the integrity of the financial markets within its regulatory framework.
Some of the most important Acts that the CMA authority abides by are The Capital Markets Act, The Central Depositories Acts 2000, The Capital Markets (Collective Investment Schemes) Regulations 2001, The Capital Markets (Securities) (Public Offers, Listing, and Disclosures) Regulations 2002, The Capital Markets (Licensing Requirements) (General) Regulations 2002, The Capital Markets(Corporate Governance) (Market Intermediaries) Regulations 2011, The Capital Markets (Demutualization of the Nairobi Securities Exchange Limited) Regulations 2012, The Capital Markets Real Estate Investment Trusts Collective Investment Schemes Regulations 2013, The Capital Markets (Derivatives Markets) Regulations, 2015, Code of Corporate Governance Requirements for Issuers of Securities to the Public, 2015, and Guidelines on the Approval and Registration of Credit Rating Agencies. These laws, regulations, and guidelines provide CMA with a clear blueprint on how to manage the markets, regulate the licensees, and fulfill its duties completely.
To ensure the safety and security of all investors and consumers alike, CMA takes painstaking initiatives to inform the public regarding capital market products and services in the hope of securing the market environment. Additionally, CMA sees to it that investors’ complaints against CMA-licensed members are investigated thoroughly. For example, in the event of unresolved issues, the complaints will be brought to the Nairobi Securities Exchange (NSE) for further investigation.
As is the case with all regulatory authorities in their respective jurisdictions, CMA is also committed to ensuring the integrity, transparency, and fairness of all the financial markets in Kenya. Therefore, if for some reason a CMA-licensed member decides to disregard the laws and regulations, the public is urged to report such instances of wrongdoing to the authority via letters, emails, or phone calls. CMA has also made sure that all the channels of communication are open for anybody who wishes to report signs of corruption, instances of failure to deliver agreed-upon services, and so on. On top of all the responsibilities taken on by CMA, the organization also advises on the removal of impediments to bring about more rewarding investment, emphasizes the use of electronic commerce channels, and promotes innovative approaches for the betterment of the overall financial system in Kenya.
Another important step taken by CMA is the CDSC Alert to facilitate keeping track of your investments at all times from anywhere. This collaborative attempt is made by The Central Depository and Settlement Corporation (CDSC) and The Capital Markets Authority (CMA). This program provides all investors with 3 electronic services, namely SMS, Email, and Web, through which investors can make certain that their investment is in fact where it should be.
