KENYAN LEGISLATION

Acts and laws in Kenya

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Section 19 of Sacco Societies Act CAP 490B: Annual estimates

(1) The Authority shall, at least three months before the commencement of the financial year, prepare estimates of revenue and expenditure for that year. (2) The estimates prepared under subsection (1) shall include provision for— (a) salaries, allowances and other charges in respect of the officers…

Section 20 of Sacco Societies Act CAP 490B: Accounts and audit

(1) The Authority shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the Authority. (2) The Authority shall within three months of the closure of the financial year submit to the AuditorGeneral (a) a statement of income and expenditure d…

Section 24 of Sacco Societies Act CAP 490B: Application for licence

(1) A Sacco society intending to transact the deposit-taking business in Kenya shall, before commencing such business, apply in writing, to the Authority for a licence, in the prescribed form. (2) An application under subsection (1) shall be accompanied by— (a) a copy of the certificate of registrat…

Section 25 of Sacco Societies Act CAP 490B: Issuance of licence

(1) The Authority shall consider every application made under section 24 and may, if satisfied that the applicant meets the requirements of this Act, grant a licence to the applicant upon payment of the prescribed fee. (2) The Authority shall upon the payment by the applicant of the prescribed fee,…

Section 26 of Sacco Societies Act CAP 490B: Conditions of a licence

(1) The Authority shall endorse on a licence granted under this Act such conditions as it considers necessary and may from time to time add, vary or substitute such conditions as it deems appropriate. (2) Where it appears to the Authority that there are reasonable grounds for the revocation of a lic…

Section 27 of Sacco Societies Act CAP 490B: Revocation of licence

(1) The Authority may, by notice in writing to a Sacco society, revoke the licence if the Sacco society— (a) ceases to carry on deposit-taking business in Kenya or goes into liquidation or is wound up or is otherwise dissolved or deregistered under the Co-operative Societies Act (Cap. 490); (b) fail…

Section 30 of Sacco Societies Act CAP 490B: Minimum liquid assets

(1) A Sacco society shall maintain such minimum holding of liquid assets of its members' deposits and borrowings as may be prescribed by the Authority. (2) Every Sacco society shall calculate the average monthly balance of its deposits and borrowings at the close of business on such day as may be pr…

Section 32 of Sacco Societies Act CAP 490B: Place of business

(1) No Sacco society may open in Kenya a branch or a new place or business or change the location of a branch or the existing place of business in Kenya without the approval of the Authority. (2) A person who contravenes the provisions of this section commits an offence and shall be liable, on convi…

Section 35 of Sacco Societies Act CAP 490B: Insider lending

(1) A Sacco society may make loans to its employees and members of its board of directors. (2) The conditions for the grant of a loan or credit facility to an employee or board member shall comply with all requirements under this Act with respect to loans to other members and shall not be made on te…

Section 38 of Sacco Societies Act CAP 490B: Investment by Sacco societies

(1) The funds of a Sacco society may be invested in— (a) securities, obligations or, other debt instruments issued or guaranteed by the government or any agency of the government; (b) deposits, obligations or other accounts of deposit-taking institutions under the Banking Act (Cap. 488); (c) shares,…

Section 40 of Sacco Societies Act CAP 490B: Form of accounts

(1) Every Sacco society shall keep proper books of accounts. (2) Every Sacco society shall keep accounts and records which— (a) show a true and fair state of affairs; and (b) explain all transactions and financial position to enable the Authority determine whether the Sacco society has complied with…

Section 42 of Sacco Societies Act CAP 490B: Disclosure requirements

The disclosures in the financial statements of a Sacco society shall include disclosures on— (a) members, if any, who hold more than twenty percent of the share capital and deposits in the Sacco society; (b) any advances or credit facilities exceeding such limits of its core capital as may be prescr…

Section 43 of Sacco Societies Act CAP 490B: Appointment of internal auditor

(1) Every Sacco society shall appoint an internal auditor who shall report to the board of directors on the internal control systems and financial matters of the society. (2) No person shall be appointed as an internal auditor under this section unless the person holds such professional qualificatio…

Section 44 of Sacco Societies Act CAP 490B: Appointment of external auditors

(1) Every Sacco society shall, in each financial year, have an external auditor who shall be— (a) a person qualified under section 45; (b) approved by the annual general meeting of that society; and (c) appointed as such by the Authority. (2) A Sacco society shall not remove or change its external a…