Section 5 of The Banking Act CAP 488: Licensing of institutions

(1) Subject to section 4, the Central Bank may, upon payment of the prescribed fee, grant a licence to an institution to carry on business.
(2) The Central Bank may endorse on a licence granted under this section such conditions as the Central Bank considers necessary and may from time to time add, vary or substitute such conditions as the Central Bank deems appropriate.
(2A) An institution which fails to commence business in Kenya within twelve months of the grant of a licence under this section shall, if it still proposes to transact business in Kenya, make fresh application under section 4.
(3) A licence issued under this section shall remain valid unless revoked under section 6: Provided that a licence which was in force on the date of commencement of this subsection shall be deemed to be a licence to which this subsection applies.
(4) An institution shall pay annual fees in such amount and in such manner as the Central Bank may prescribe.
(5) An institution that fails to pay the annual fees by the end of the financial year shall pay double the annual fee, if payment is made within ninety days after the end of the financial year
(6) An institution which fails to pay the annual fees within ninety days after the end of the financial year referred to in subsection (5) shall have its licence revoked under section 6.
(7) Any fee or other amount payable under this section shall be paid into the Central Bank.
(8) Deleted by Act No. 14 of 2015, s. 34.
(9) Deleted by Act No. 14 of 2015, s. 34.
(10) Deleted by Act No. 14 of 2015, s. 34.
(11) Deleted by Act No. 14 of 2015, s. 34

More Sections

Section 6 - Revocation of licence

(1) The Central Bank may, by notice in writing to the institution, revoke a licence if the institution— (a) ceases to carry on business in Kenya or goes into liquidation or is wound up or is...

Section 7 - Minimum capital requirements

(1) A licence shall not be granted to an institution unless the institution meets the minimum capital requirements specified in the Second Schedule. (2) The Cabinet Secretary may, by order published...

Section 8 - Location of places of business

(1) No institution shall open in Kenya a branch or a new place of business or change the location of a branch or an existing place of business in Kenya without the approval of the Central Bank. (2)...

Section 8A - Branches and subsidiaries

(1) No institution shall open a branch or establish a subsidiary outside Kenya, except with the prior approval of the Cabinet Secretary. (2) An institution seeking approval under subsection (1) shall...

Section 9 - Amalgamations and transfers of assets and liabilities

(1) No amalgamation or arrangement which involves an institution as one of the principal parties to the relevant transaction, and no arrangement for the transfer of all or any part of the assets and...

Section 9A - Directors, Chief Executive Officers and significant shareholders to be fit and proper persons

(1) An institution shall ensure that no person is appointed or elected as a director or appointed as a senior officer unless the Central Bank has certified the person as a fit and proper person to...

Section 10 - Limit on advances, credits and guarantees

(1) An institution shall not in Kenya grant to any person or permit to be outstanding any advance or credit facility or give any financial guarantee or incur any other liability on behalf of any...

Section 11 - Restrictions on advances, credits and guarantees

(1) An institution shall not in Kenya— (a) grant or permit to be outstanding any advance or credit facility against the security of its own shares; or (b) grant or permit to be outstanding any...

Section 12 - Restriction on trading and investments

An institution shall not— (a) engage, alone or with others, in wholesale or retail trade, including the import or export trade, except in the course of the satisfaction of debts due to it; and any...

Section 13 - Restrictions on ownership of share capital of an institution

(1) No person other than— (a) another institution; (b) the Government of Kenya or the Government of a foreign sovereign State; (c) a State corporation within the meaning of the State Corporations...

Section 14 - Restrictions on advances for purchase of land

(1) No institution, other than a mortgage finance company, shall make loans or advances for the purchase, improvement or alteration of land, so that the aggregate amount of those loans or advances...

Section 15 - Mortgage finance companies

(1) A mortgage finance company shall make loans— (a) for the purpose of the acquisition, construction, improvement, development, alteration or adaptation for a particular purpose of land in Kenya;...

Section 16 - Restrictions on deposit-taking

(1) Subject to this section, no person, other than an institution which holds a valid licence or a duly approved agency conducting banking business on behalf of an institution, shall invite or accept...

Section 16A - Imposition of charges and payment of interest

(1) No institution shall impose any form of charges on a savings, seven day call or fixed deposits account. (2) An institution shall, in respect of a savings account, pay interest accruing or a...

Section 17 - Ratio between core capital and deposits

The core capital of an institution shall at all times be not less than eight per cent of its total deposit liabilities.

Section 18 - Ratio between capital and assets

(1) The Central Bank may prescribe the minimum ratios which shall be maintained by institutions and banking groups as between their core capital and total capital on one hand and their risk-weighted...

Section 19 - Minimum liquid assets

(1) An institution shall maintain such minimum holding of liquid assets as the Central Bank may from time to time determine. (2) For the purpose of this section, "liquid assets" means all or any of...

Section 20 - Restrictions on dividends

(1) No institution incorporated in Kenya shall pay any dividend on its shares or make any other form of distribution to its shareholders until all its capitalized expenditure (including preliminary...

Section 20A - Financial year

(1) The financial year of every institution shall be the period of twelve months ending on the 31st December in each year. (2) Where the financial year of an institution is different from that...

Section 21 - Form of accounts

(1) All entries in any books and all accounts kept by an institution shall be recorded and kept in the English language, using the system of numerals employed in Government accounts. (2) The Central...

Section 22 - Accounts to be exhibited

(1) Every institution shall— (a) exhibit throughout the year in a conspicuous position in every office and branch in Kenya’ a copy of its last audited financial statements which shall be in...

Section 23 - Submission of accounts to the Central Bank

(1) An institution shall, not later than three months after the end of its financial year, submit to the Central Bank an audited balance sheet, showing its assets and liabilities in Kenya, and an...

Section 24 - Appointment of auditors

(1) Subject to subsection (7), every institution shall appoint annually an auditor (within the meaning of section 3(1) of the Companies Act (Cap. 486)) and approved by the Central Bank. (1A) An...

Section 25 - Change of auditors to be notified to the Central Bank

(1) No institution shall remove or change its auditor except with the prior written approval of the Central Bank. (2) An auditor of an institution shall forthwith give written notice to the Central...

Section 26 - Auditor’s duty of confidence

(1) No duty to which an auditor of an institution may be subject shall be regarded as contravened by reason of his communicating in good faith to the Central Bank, whether or not in response to a...

Section 27 - Collection of information by Central Bank

The Central Bank shall collect such date and other information as may be necessary to enable it to maintain supervision and surveillance of the affairs of institutions or their duly authorised...

Section 28 - Furnishing of information

(1) The Central Bank may require any institution and their agencies to furnish to it, at such time and in such manner as it may direct, such information as the Central Bank may reasonably require for...

Section 29 - Cabinet Secretary may require further information

The Cabinet Secretary may require the Central Bank or an institution to furnish to him, at such time and in such manner as he may direct, such information as the Cabinet Secretary may require.

Section 30 - Time to furnish information

Where the Central Bank or an institution is required to furnish information under this Part, it shall furnish that information and any supplemental material that may be required as a result of that...

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