The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

GOVERNMENT NOTICE NO. Published on

THE MICROFINANCE ACT

Act No. 10 of 2018
REGULATIONS
(Made under Section 60)
THE MICROFINANCE (NON-DEPOSIT TAKING MICROFINANCE SERVICE
PROVIDERS) REGULATIONS, 2019

PART I
PRELIMINANRY PROVISIONS
Citation 1. These Regulations may be cited as The Microfinance (Non-Deposit
Taking Microfinance Service Providers) Regulations, 2019 and shall
come into operation on such date by notice on the Gazette published.

Application 2. These Regulations shall apply to all Microfinance Service Providers

under Tier 2

Interpretation 3. In these Regulations, unless the context otherwise requires-

Act No. 10 of 2018 “Act” means The Microfinance Act;
Cap 197 “Bank” as the meaning ascribed to it under the Bank of Tanzania Act;
“capital” means permanent shareholders’ equity in the form of issued and
fully paid ordinary shares and preference shares, capital grants, reserves
and retained earnings;
“credit company” has the meaning ascribed to it under the Act;
“digital microfinance lenders” means a microfinance service provider
carrying out lending activities, from loan application, approval,
disbursement and repayment through digital channels;
“financial organization” has the meaning ascribed to it under the Act;
“MEMARTS” means memorandum and articles of association;
“proprietor” means an individual money lender who has been licenced to
carry out microfinance business as microfinance service provider under
the Act;
“significant subscriber” means a subscriber or a shareholder who owns
five percent or more of the voting shares of a microfinance service
provider;
“Tier 2” means a non-deposit microfinance service provider including
credit companies, financial organizations, individual money lenders and
digital microfinance lenders;

PART II
LICENSING
Establishment 4. A person who intends to undertake microfinance business under Tier
2, shall -
(a) formally be established under the Companies Act or any other
relevant laws; or

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Cap 213 (b) in case of individual money lender, register a business name under
the Business Names (Registration) Act

Name of 5. The business name of a microfinance service provider under Tier 2

Microfinance shall include the word “Microfinance” or “finance”, or “financial
service Provider
services”.

Application for a 6. - (1) A person who intend to carry a microfinance business as a

licence microfinance service provider under Tier 2, shall apply to the Bank
for a lincence
(2) subject to sub regulation (1), an application for a license, shall be
in the form prescribed in the First Schedule
(3) An application referred to under sub regulation (1), shall be signed
by an authorized signatory of the applicant and be accompanied with-
(a) non-refundable application fee of One million shilling or any
other amount as may be determined by the Bank in case of
an entity
(b) a non - refundable application fee of five hundred thousand
shillings or any other amount as may be determined by the
Bank in case of an individual money lender;
(c) documents and information listed in the Second Schedule;
and
(d) any other document or information as may be required.
(4) Subject to sub regulation (3), an application made by a foreign
owned microfinance service provider, in addition shall be accompanied
with-
(a) a training plan indicating specific time frames for imparting
microfinance skills and expertise to Tanzanian staff.

(b) a succession plan and strategies on mode, time and contents of

the extent to which Tanzanian staff shall occupy senior management
positions in the microfinance service provider

Integrity of 7. The Bank shall consider the history of the proposed shareholders or
shareholders and proprietor in assessing the applicant’s reputation and integrity in past
proprietor
and present business practices

Financial capacity 8. (1) The Bank shall evaluate the financial capacity of the applicant.
(2)The soundness of an applicant’s financial position shall be
measured on
(a) the net-worth in relation to other liabilities.
(b) levels of capital as shown on balance sheets; or

(c) the potential financial support that may be made available when
the microfinance service provider require capital injection.

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Place of business 9.-(1) Each microfinance service provider under Tier 2 shall have a
place or places of business with proper address for carrying out its
microfinance business.

(2) A microfinance service provider who intend to open, reallocate

or close a place of business shall seek and obtain prior approval of the
Bank.
(3) A microfinance service provider, which fails to comply with
the requirements of this regulation, commits an offence.

Character and 10. - (1) The Bank shall make an assessment as to whether the
experience proposed members of the Board of Directors and Chief Executive Officer
or proprietor of proposed microfinance service providers are fit and
proper in accordance with the criteria set out in the Third Schedule.
(2) Without prejudice to sub-regulation (1), the Bank shall
evaluate the proposed members of the Board of Directors and Chief
Executive Officer or proprietor with respect to their experience and
ability to manage microfinance business
(3) The Bank may interview the proposed board member, Chief
Executive Officer or proprietor and enquire as to past performance,
reputation and skills.
(4) For the purpose of the assessment referred to in this regulation, the
proposed directors, Chief Executive Officer and proprietor shall
complete the questionnaire in the Fourth Schedule to these
Regulations.

Considering an 11.-(1) The Bank shall within Sixty days after receipt of a complete
application application, consider the application and upon being satisfied, issue a
licence.

(2) where the Bank receives incomplete documents for the purpose
of licensing, the Bank shall, before determining the application, require
the applicant to:

(a) submit the missing or additional documents or

information
(b) rectify or amend anomalies related to licensing
requirements.
(3) Prior to issuing a licence, the Bank may perform an inspection of
the microfinance service provider’s business premises, security facilities,
communication facilities, processing equipment, accounting and internal
control systems.

License certificate 12.-(1) When a licence is issued, the Bank shall provide a microfinance
service provider with a licence certificate as provided in the Fifth
Schedule to these Regulations.

(2) A licence issued shall remain in force unless suspended or revoked

in the manner provided in the Act.

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(3) A licence issued under these regulations shall expire if business is

not commenced within six months from the date the licence was issued,
unless the Bank extends such period in writing.

Refusal to issue 13.-(1) The Bank may refuse to issue a licence where-
license
(a) the applicant has failed to meet prescribed terms and
conditions for licensing; or
(b) the applicant has provided false or misleading information
(2) Where the Bank has refused to issue a licence, it shall within seven
days from the date of its decision, notify the applicant in writing stating
the reasons for such refusal
(3) An applicant whose application has been rejected may reapply, if
the deficiencies that formed the basis for rejection of the initial
application or subsequent review have been corrected or otherwise
addressed.
(4) An applicant who has been aggrieved by the decision of the Bank
may within twenty one days appeal to the Minister.

Transformation to 14. A microfinance service provider may, upon application and

Tier 1 attaining the required criteria prescribed in Microfinance Activities
Cap 342
Regulations made under the Banking and Financial Institution Act,
transform from Tier 2 to Tier 1.

Transformation 15. A microfinance service provider that intends to transform into tier
from another tier to 2 shall :
Tier 2
(a) Meet the requirements stipulation under regulation 6
(b) provide resolution of the Board or members approving the
transformation ; and
(c) meet minimum capital requirement prescribed in these
Regulations

PART III
MANAGEMENT OF MICROFINANCE SERVICE PROVIDERS UNDER TIER2
Functions of the 16.- (1) A microfinance service provider under Tier 2, except for
Board of Directors individual money lenders, shall have a Board of Directors or Governing
or Governing Board
Board
(2) The Board of Directors or Governing Board referred under sub
regulation (1), in addition to other duties, shall be responsible for the
following-
(a) appointment of chief executive officer;
(b) approval of business plans and strategies;
(c) approval of policies for lending, liquidity, information
preservation, human resources, and other policies as determined
by the Board;
(d) monitoring management’s conduct and performance;
(e) setting and enforcing clear lines of responsibility and
accountability; and

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(f) ensuring that the microfinance service provider complies with all
applicable laws and regulations

Appointment of 17. A microfinance service provider under Tier 2 shall appoint at least
Tanzanians two Tanzanians to its Board of Directors.

Management of 18. A microfinance service provider under Tier 2, shall have a

Microfinance management which shall, in addition to other duties, be responsible for
service provider
the following-
(a) implementing strategies in a manner that limits risks associated
with each strategy;

(b) ensuring that there are effective internal controls and high ethical
standards;
(c) ensuring that accountability and lines of authority are clearly
delineated;
(d) ensuring the operating and reporting systems are efficient,
reliable and facilitate communication;
(e) keeping proper financial records and timely prepare financial
statements;
(f) preparing and submitting regulatory reports timely;
(g) implementing recommendations set forth in the external audit and
internal audit reports and directives issued by the Bank;
(h) ensure compliance with the Act, Regulations, policies and
procedures.

Employment of 19.-(1) A microfinance service provider, shall not employ a non-

non-Tanzanian Tanzanian or renew any contract of such a person unless it seeks and
obtains prior approval of the Bank.
(2) The number of non-Tanzanians in the institution shall not
exceed five at any time.
(3) Subject to sub-regulation (2), any application for an extra person
shall be submitted to the Bank which may authorise any additional
person, taking into consideration the following-
(a) availability of qualified Tanzanians for the proposed
position;
(b) complexity of the functions and roles to be undertaken;
(c) approval granted by Tanzania Investment Centre;
(d) emergency situation which may warrant extra person; and
(e) the time frame the extra person is expected to stay in the
institution and impart knowledge to Tanzanians

Permissible 20. A microfinance service provider may carry out any of the following
activities activities:
(a) issuing microfinance loans to individuals, groups of individuals,
micro and small enterprises, including microfinance guarantees;
(b) issuing housing microfinance products to individuals, micro and
small enterprises;

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(c) provision of loan disbursement services for the delivery of credit

programme of government, agencies, groups and individual;
(d) maintenance and operation of various types of accounts with
banks and financial institutions in Tanzania;
(e) operation of micro leasing facilities, micro finance related hire-
purchase and arrangement of consortium lending and supervision
of credit schemes;
(f) provision of professional advice to customers regarding
investments in small businesses; rendering managerial,
marketing, technical and administrative advice to customers:
(g) Micro insurance as an agent of insurers;
(h) equity investment;
(i) agent banking; and
(j) such other activities as may be authorized by the Bank.

Prohibited activities 21. (1) Unless otherwise authorized by the Bank a licensed microfinance
service provider shall not engage in any of the following activities:
(a) accepting any type of deposits from the public;
(b) foreign exchange business;
(c) foreign trade operations;
(d) trust operations;
(e) credit and debit cards;
(f) payment orders and transfer of funds
(g) any business other than providing financial products and services
to its members; and
(h) such other activities as prescribed by the Bank
(2) Notwithstanding the provision of sub regulation (1), individual money
lender shall not accept cash collateral, cash guarantee, loan insurance
guarantee or compulsory savings.

Cash collateral/ 22.- (1) A microfinance service provider who accepts cash
guarantee or collateral, cash guarantee, loan insurance guarantee or compulsory
compulsory savings
savings, shall open a separate bank account for the purpose of saving all
cash received as collateral, guarantee or compulsory savings.
(2) Subject to sub regulation (1), all cash received shall not be used
by microfinance service provider for lending or any other purpose and
shall be refunded to the borrower upon fulfilment of his loan obligation.

Books of accounts, 23. - (1) A microfinance service provider shall keep proper books of
records and accounts and other records in relation to its operations, which are
financial year
sufficient to show and explain its transactions and financial position.

(2) The books of accounts and records referred under sub-regulation

(1) shall-
(a) correctly explain all transactions, including all applications for
loans and all loan transactions;
(b) enable the financial position of the microfinance service
provider to be determined with reasonable accuracy at any time;

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(c) allow for the timely preparation of financial statements;

(d) include underlying documentation which shall be kept to reflect
details of-
(i) all sums of money received and expended and the matters
in respect of which such receipts and expenditures took
place;
(ii) all sales and purchases and other transactions;
(iii) the assets and liabilities of the microfinance service
provider.
(3) A financial year of a microfinance service provider shall
commence on 1st January and end on 31 December of each year.

Preparation and 24. Every microfinance service provider shall, in each financial year,
submission of prepare accounts and within four months from the end of financial year
accounts
submit to the Bank, copies of annual audited accounts and audit report.

Disclosure of 25.-(1) Subject to section 42 of the Act, every microfinance service

accounts provider shall display in its place of business a copy of its current audited
financial statements
(2) The audited financial statements referred to under sub-
regulation (1) shall-

(a) include balance sheet, income statements, cash flow statements

and statement of changes in equity.
(b) be displayed in conspicuous position in the public part of its
principal place of business and in its branches and outlets; and
(c) be displayed throughout the year.

Internal Auditor 26. - (1) A microfinance service provider shall appoint an internal auditor
whose function shall be to evaluate the adequacy and effectiveness of
internal controls, risk management and governance processes.
(2) The internal auditor appointed under sub-regulation (1) shall, at
a minimum, hold diploma in accountancy or its equivalent and at least
one-year experience in the relevant field.
(3) The Internal Auditor shall report to the Board or the proprietor
(4) The reports of the Internal Auditor shall contain audit findings,
recommendations and responses of management.
(5) The duties of the Internal Auditor shall include -
(a) verification of cash without prior notification;
(b) bank account reconciliation;
(c) reconciliations between the general ledger balances and the
subsidiary ledger balances;
(d) checking loan files for compliance;
(e) verification of the microfinance service provider assets and
investments;
(f) checking the adequacy of provision for loan losses;
(g) checking for compliance with policies and procedures;

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(h) checking for compliance with the Act, and other relevant
legislation;
(i) assessing regularity and completeness of minutes and
management reports to the Board and other committees;
(j) assessing the adequacy of management information system;
(k) assessing the accuracy and reliability of the accounting records
and financial reports;
(l) determining that reports and information submitted to the Bank
are accurate and timely provided;
(m) determining whether accounting procedures and controls are
adequate;
(n) verifying implementation and maintenance of the appropriate
internal controls by the management;
(o) ensuring that all internal and external audit findings and
recommendations are implemented;
(p) preparing annual Audit plan; and
(q) assessing the efficiency of the usage of resources.

Outsourcing 27. A microfinance service provider may outsource internal audit

internal Auditor function from a registered audit firm provided that the audit firm
performs internal audit function in accordance with these regulations

External auditor 28.-(1) The accounts of a microfinance service provider shall be

audited at least once in a year by competent and registered auditor
appointed by microfinance service provider.
(2) A microfinance service provider shall not remain without an
external auditor for more than ninety days from the date the position falls
vacant.
(3) Without prejudice to sub-regulation (1) an external auditor shall
not perform the external audit of a microfinance service provider if such
auditor:
(a) is related to officers or employees of the microfinance service
provider; or
(b) is a shareholder, member, partner or director of the microfinance
service provider.

External Auditor 29. External Auditors may have access to any present or former
access to microfinance service provider officer or employee to obtain information
employees
necessary for the purpose of the particular auditing.

Reporting of 30. The external auditor shall report to the Bank any irregularities or
irregularities illegal acts committed by microfinance service provider’s officers or
employees.

Presentation of 31.-(1) Upon completion of the audit, the external auditor shall meet
Audit report with the Board or proprietor of microfinance service provider to discuss
financial conditions of the microfinance service provider and actions that

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need to be taken to improve operations of the microfinance service

provider.
(2) The internal auditor shall follow up on all audit findings and
recommendations to ensure that corrections are made within sufficient
period from receipt of the report.

Change of external 32. A microfinance service provider shall not, in the course of
auditor performance of the audit work, change its external auditor except with
the prior written approval of the Bank.

Rotation of 33.-(1) An external auditor shall not audit the same microfinance
External Auditor service provider for more three consecutive years.
(2) Subject to sub-regulation (1), an external auditor may resume the
role as external auditor with the same microfinance service provider after
a lapse of two years from the last audit engagement

submission of 34.-(1) A microfinance service provider shall, having ascertained the

credit information proper identities of borrowers, report to the credit reference bureaux
detailed information about all credit facilities extended to each borrower,
in the format as the Bank may prescribe
(2). A microfinance service provider shall submit credit information
on monthly basis for all existing and new credit facilities granted to a
person to the Credit Reference Bureaux;
(3) A microfinance service provider shall access and use credit
information through the credit reference bureau in a manner as prescribed
in the credit reference bureau regulations.
(4) A microfinance service provider shall undertake to provide
complete, accurate and timely credit information.
(5) Without prejudice to the requirements of this regulation, a
microfinance service provider shall comply with the requirements of
Credit Reference Bureau Regulations made under the Bank of Tanzania
Act
(6) For the purpose of this regulation, “credit information” means
any information including but not limited to information about a person’s
specific identification, full name, date of birth, place of residence,
previous places of residence, marital status, spouse’s name, place of
employment, previous places of employment, paying habits, outstanding
debt obligations, assets and inquiries made of credit history or
information relating to a legal entity or business that would identify the
legal entity or business information on incorporation, tax, directors,
governance, outstanding debt obligations, assets, inquiries made on credit
history and other business details;

Consent to share 35. A microfinance service provider shall ensure that all borrowers
credit information execute a written consent to allow such a microfinance service provider
to obtain from, exchange with or disclose all information relating to the
borrowers, other lenders or credit reference bureaux.

PART IV

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LENDING OPERATIONS
Lending policy 36.-(1) Every microfinance service provider shall formulate a
lending policy consistent with the Act and these Regulations
(2) The policy referred under sub regulation (1) shall at a
minimum include the following:
(a) lending procedures and documentation;
(b) eligibility requirements for a loan;
(c) types of loans and acceptable collateral;
(d) loan limits including maximum loan limit per borrower and
per product ;
(e) loan terms and conditions such as interest rates, fees and
charges and frequency of payments;
(f) loan approval process;
(g) loan limits as compared to the collateral value;
(h) determination of the borrower’s ability to repay the loan;
(i) terms and conditions for loans to officers and employees of
microfinance service provider;
(j) loan guarantee requirements;
(k) monitoring and evaluation of credit quality;
(l) the grace period, if applicable;
(m) loan recovery and follow-up procedures;
(n) the criteria and procedure for restructuring of loans;
(o) loan processing time upon submission of a complete loan
application;
(p) the criteria and procedure for approval and authorization
required for writing off bad loans; and
(q) relevant forms used for loan application.

Loan application 37.-(1) Every application for a loan shall be made on a Standard
form prescribed by a particular microfinance service provider and shall
state at a minimum the following:

(a) full name;

(b) date of birth or date of registration
(c) place of residence or place of business
(d) occupation or type of business;
(e) the loan purpose;
(f) economic sector;
(g) the loan amount requested;
(h) the collateral offered;
(i) marital status;
(j) number of dependents;
(k) place of employment;
(l) current income;
(m) expenses and assets;
(n) other loans outstanding; and
(o) such other information as may be required.
(2) Without prejudice to sub regulation (1) the loan application form shall
contain requirement that the applicant shall provide consent and

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declaration that his credit information shall be shared in accordance with

the requirements of the Act and these regulations.

Loan Agreement 38.-(1) A microfinance service provider shall consider a loan

application in accordance with its lending policy and shall, if satisfied
that a borrower meets loan conditions and has the capacity to repay the
loan, enter into a loan agreement with the borrower.
(2) Subject to sub regulation (1), the loan agreement shall bear the
signatures of both the borrower and the microfinance service provider.
(3) Without prejudice to the provision of sub-regulation (2) the loan
agreement shall-
(a) be legible and written in a simple and understandable language;
and
(b) contain terms and conditions that are transparent, fair and
protect the rights of the borrower.

Communicating 39. Where a loan application is denied, a microfinance service

reasons for loan provider shall within seven days communicate to the applicant the
refusal
reasons for denial.

Loan collateral 40.-(1) Where a microfinance service provider obtains collateral,

for securing a loan, the microfinance service provider shall ensure that
the collateral is duly charged and adequately insured.
(2) A microfinance service provider shall maintain an up to date
register of all collaterals provided for securing loans.
(3) A microfinance service provider shall not dispose of any
mortgaged property, unless 60 days have passed since a written demand
notice was issued to the borrower requiring him or her to pay any
outstanding loan.
(4) for a collateral other than mortgaged property, a microfinance
service provider shall not dispose such collateral, unless a sufficient
notice is given as provided for in the loan agreement to the borrower
requiring him or her to pay any outstanding loan
(5) A microfinance service provider may dispose of the collateral
given by the borrower by way of public auction or private treaty.
(6) A microfinance service provider shall, before carrying out a sale
of a mortgaged property as collateral, undertake a valuation by an
independent Valuer and obtain a forced sale value of the collateral to
determine the market value of the collateral.
(7) Subject to sub regulation (6), a microfinance service provider
shall not sell the collateral for less than the forced sale value in the initial
two auctions except that if the collateral does not sell in the first two
attempts, it may sell the collateral at a value less than the forced value.
(8) The proceeds from the sale of collateral shall be applied as
follows –
(a) to the payment of all monies outstanding on the loan;
(b) to the recovery of costs and expenses properly incurred and
incidental to the sale;
(c) the balance, if any, shall be paid to the borrower.

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Loan repayment 41.-(1) For all payments received from a borrower, a microfinance
service provider shall credit a borrower’s account with the amount
received on the date payment was made.
(2) The repayment amount referred to in sub regulation (1), shall
first be allocated to any due interest charges on the loan, then to the
outstanding fees and charges on the loan and lastly to settle any due
principal payment
(3) A borrower has the right, without advance notice and without
being penalized by a microfinance service provider, to re-pay a loan prior
to its maturity either in whole or in part to reduce outstanding principal
amount owed, interest charges and fees owed
(4) Subject to sub regulation (3), when the full loan has been paid
prior to its maturity, the borrower shall not be required to pay interest for
the remaining period to maturity

Loan restructuring 42. Subject to its lending policy a microfinance service provider
may restructure a loan in terms of instalment amount or payment period
for a borrower facing cash flow problems or financial distress.

Past due loans 43.-(1) A loan with specific repayment date shall be considered as
past due in its entirety if any of its contractual obligation for payment
has become due and unpaid.
(2) loans which are payable in installments shall be considered past
due in their entirety if any of the installments has become due and
unpaid for one day or more.
(3) A group loan shall be accounted as past due in its entirety, when
any of the members of the group defaults and the amount due is
not covered by the members of the group.

Classification and 44.-(1) A microfinance service provider shall classify loans based
provision for loans on days past due as follows-

Number of days past due Classification

0 to 5 days Current
6 to 30 days Especially Mentioned
31 to 60 days Substandard
61 to 90 days Doubtful
More than 90 days Loss

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(2) the minimum provision rates for loans shall be based on the
following schedule-

Classification Provision
Current One percent
Especially Mentioned Five percent
Substandard Twenty five percent
Doubtful Fifty percent
Loss One hundred percent

(3) The entire loan balance shall be considered in arrears where

the missed payment was for interest only.

PART V
SUPERVISION OF MICROFINANCE SERVICE PROVIDERS
minimum capital 45.-(1) A microfinance service provider under Tier 2 shall
commence operations with and maintain at all times a minimum capital
of TZS 20 Million or such higher amount as the Bank may prescribe.
(2) Without prejudice to sub-regulation (1), the Bank may require
higher minimum capital for a microfinance service provider where in
the opinion of the Bank, the microfinance service provider-
(a) is likely to incur losses resulting in a capital deficiency;
(b) has significant exposure to risk;
(c) has a high, or particularly severe volume of poor quality
assets; or
(d) is growing rapidly without adequate capitalization and
risk management.
(5) Where a microfinance service provider fails to meet minimum
capital requirements as provided under sub regulation (1), such
microfinance service provider shall within thirty days of the shortfall
submit to the Bank a capital restoration plan
(6)The capital restoration plan provided under sub-regulation (5)
shall at a minimum state the following:
(a) the actions management plans to take to increase the capital
back to the minimum requirement;
(b) a time bound schedule of actions set forth in the plan;
(c) The level of capital to be achieved at the end of each quarter;
and
(d) Any other information as the Bank may require.
(7) Where any microfinance service provider fails to meet its
minimum capital requirement and has failed to submit or implement
capital restoration plans, the Bank may apply sanctions as provided for in
the Act and these Regulations.

Minimum liquid 46. - (1) A microfinance service provider shall maintain minimum
assets liquid assets amounting to not less than fifteen percent of its total assets
(2) For the purposes of this section, “liquid assets” means-
(a) notes and coins which are legal tender in the United Republic;
(b) balances held at banks or microfinance service providers;

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(c) treasury bills and bonds which are freely marketable and re-
discountable at the Bank; or
(d) such other assets as the Bank may specify

Inspection 47.-(1) The Bank shall, in exercising its powers of inspection under
the Act, perform onsite and offsite inspection of a microfinance service
provider.

(2) The inspection referred under sub-regulation (1) shall include the
following:
(a) ascertaining microfinance service provider compliance with
Laws, regulations, policies and procedures in carrying out its
operations;
(b) examining operations and financial position of a microfinance
service provider;
(c) assessing the effectiveness of the internal controls
(d) analysis of periodic reports submitted by microfinance service
provider to the Bank; and
(e) other matters as may be determined by the Bank

(3) Following conclusion of onsite inspection under sub regulation (1),

the Bank may make and forward a copy of inspection report to the
Chairman of the Board or proprietor to the Manager of the microfinance
service provider.
(4) The Board of the microfinance service provider shall ensure that
appropriate actions are taken to address issues raised in the report.
(5) The inspection report prepared by the Bank shall be confidential.

Payment of 48.-(1) Subject to Section 37 of the Act, the microfinance service

dividends provider under Tier 2 shall pay dividends, interest and other form of
distribution in the manner as prescribed in the MEMARTS, Constitution
or other relevant documents of the microfinance service provider.
(2) Notwithstanding the provision of sub regulation (3), the
microfinance service provider under Tier 2 shall not pay dividends,
interest and other form of distribution if such payments or distribution
result into failure of such microfinance service provider to meet the
requirements of sub regulation (1)

Submission of 49. A microfinance service provider shall submit to the Bank

periodic reports periodic reports in the format and frequency to be prescribed by Bank.

Management take 50.-(1) The Bank may take-over management of a microfinance

over service provider who in its model of operations requires clients to
provide loan insurance guarantee in form of cash or cash collateral
where-

(a) the Bank considers that a microfinance service provider is not-

(i) in a sound financial condition;

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

(ii) operating in accordance with sound administrative and

accounting practices and procedures;
(iii)adhering to proper risk-management policies; and

(iv) Complying with instructions issued by the Bank.

(b) a microfinance service provider fails to comply with the
minimum capital requirements prescribed in these regulations;
(c) a microfinance service provider refuses to be inspected by the
Bank as required by the Act;
(d) a microfinance service provider license has been revoked;
(e) the continuation of microfinance business is detrimental to the
interests of clients; or
(f) a microfinance service provider is undertaking microfinance
business in a manner contrary to the Act.
(2) Upon take-over referred under sub-regulation (1) the Bank, may
utilize the services of private persons to manage the microfinance service
provider, if the Bank determines that doing so is the most practicable,
efficient and cost effective manner.
(3) Costs of management of a microfinance service provider during
the period of takeover shall be borne by the microfinance service
provider.
(4) During take-over, no attachment or lien except a lien created by
the Bank shall attach to any property or asset of the microfinance service
provider.
(5) Subject to Section 35 (2) of the Act, a party to a contract with a
microfinance service provider shall not be relieved of his obligations on
the ground that the microfinance service provider is under the
management of the Bank

51.-(1) Management by the Bank shall end upon improvement of the

microfinance service provider’s financial condition and operations or
within six months whichever comes earlier.
(2) The Bank may extend the six months period referred to under
sub regulation (1) if microfinance service provider’s financial condition
and operations have not improved.
(3) The Bank shall, where the financial condition and operations of
the microfinance service provider do not improve after expiry of six
months or the period extended by the Bank under sub regulation 2, order
liquidation according to the applicable law.

PART VI
CONSUMER PROTECTION
Loan disclosure 52. A microfinance service provider shall, for each loan transaction,
disclose the following in the loan agreement:
(a) loan amount;
(b) nominal or stated annual interest rate;
(c) all other fees charged;
(d) effective annual interest rate that includes all fees charged;

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

(e) loan repayment schedule that includes the number of installments,

total amount of each installment indicating principal, interest and
fees components separately, and due date of each payment;
(f) sum of all payments until the loan is fully paid;
(g) interest rate computation method;
(h) late payment penalty;
(i) debt recovery fee, charges or expenses;
(j) notice of security interest for collateral used to secure the loan;
and
(k) any other relevant disclosure as may be directed by the Bank.

Complaints 53.-(1) Every microfinance service provider shall have a customer

handling and complaints handling and dispute resolution mechanism which shall at
dispute resolution
mechanism
minimum include:
(a) a manner in which a complain will be submitted;
(b) establishment of complaint handling desk or designate an
officer;
(c) a time frame for settling disputes and providing feedback;
(2) Every microfinance service provider shall ensure that the
customer complaints handling and dispute resolution mechanism and the
relevant contact information including phone numbers or emails are
displayed in a conspicuous position in the public part of its principal place
of business and in its branches and outlets.
(3) The disclosures referred to in sub-regulations (2) shall be
displayed in Kiswahili.

Disclosures to loan 54. A microfinance service provider shall give to the guarantor the
guarantors disclosure statement in writing indicating his liability for the loan
guaranteed and such statement shall include-
(a) the name and address of the microfinance service provider;
(b) the loan number;
(c) name of borrower;
(d) loan amount;
(e) the date a loan was granted; and
(f) the guarantor’s signature.

Debt collection or 55 .-(1) Subject to section 51 of the Act, a microfinance service

recovery provider shall collect or recover a loan from borrower in accordance with
recovery procedure prescribed in its lending policy.

(2) For the purpose of ensuring that the procedures for debt collection
or recovery comply with the consumer protection principles, a
microfinance service provider shall -
(a) issue a fourteen days written notice to the borrower before
debt collection or recovery process is initiated;
(b) not harass, abuse or oppress a borrower, guarantor or any
person in connection with collection or recovery of a debt:
(c) not threaten or use violence or illegal means in collecting or
recovering a debt;

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

(d) not use obscene or profane language;

(e) not use any false, deceptive, or misleading representation or
means such as-
(i) false representation of character, amount, or legal status of
any debt;
(ii) false representation or implication that any individual is an
attorney or that any communication is from an attorney;
(iii) threat to take any action that cannot legally be taken or that
is not intended to be taken; and
(iv) communication or threatening to communicate to any
person credit information that is known to be false.
(3) A microfinance service provider shall not collect interest, fees,
charges, or expenses unless they are prescribed in the loan agreement.
(4) A microfinance service provider may engage a debt collector to
collect or recover a loan from a borrower provided that such debt
collector:
(a) has been licenced under relevant law;
(b) carries out debt collection or recovery in compliance with the
requirements of sub regulations (2) and (3); and
(c) adhere to relevant laws regarding debt recovery.

Financial education 56.- (1) A microfinance service provider shall provide financial
education to its customers which at minimum shall cover the following:
(a) key features of products and services offered
(b) terms and conditions of loans
(c) cash flow management
(d) record keeping
(e) financial decision making
(f) management of loans usage and repayment
(g) business planning
(h) importance of saving
(i) and any other aspects considered relevant
(2) Financial education referred to sub section (1) may be
conducted through-
(a) one on one sessions
(b) fliers and brochures
(c) training
(d) seminars
(e) workshops
(f) media such as television, radio, newspapers and social networks
(g) specific websites
(h) counselling session and
(i) any other manner as may be considered appropriate.

PART VII
GENERAL PROVISION

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Loan portfolio 57. An individual money lender whose loan portfolio exceeds six
hundred million shillings, shall be required to form a company and
operate as an entity

Administrative 58.-(1) Without prejudice to penalties and actions prescribed

measures under the Act, the Bank may impose on any microfinance service
provider any of the following sanctions for non-compliance:-
(a) prohibition from declaring or paying dividends
(b) prohibition to open or establish new branches
(c) suspension of lending and investment activities;
(d) revocation of license;
(e) a formal warning to a defaulting director, employee or;
(f) suspension from office of the defaulting director, employee or
proprietor;
(g) disqualification from holding any position or office in any
microfinance service provider under the supervision of the Bank;
and
(h) a penalty of the amount to be determined by the Bank of not less
than five hundred thousand shillings and not more than five
million shillings
(i) any other administrative measures as the bank may prescribe.
(2) The penalty referred to in paragraph (a) of sub-regulation (1)
shall apply to directors, officers or employees of the institution engaged
in microfinance activities.

Appeals 59. - (1) Any person who aggrieved by the decision of the Bank,
may, within 21 days from the date of decision, appeal to the Minister.
(2) Subject to sub regulation (1), an appeal shall be governed by
provisions provided under The Microfinance (Roles of the Minister)
Regulation, 2019 and state the following:
(a) nature of an appeal;
(b) grounds of an appeal; and
(c) any other relevant information as may be required by the
Minister.
(3) The Minister shall, determine an appeal in accordance with the
provisions provided under The Microfinance (Roles of the Minister)
Regulation, 2019.

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

___________
FIRST SCHEDULE
___________
(Made under Regulation 6(2))
_______

The Governor,
Bank of Tanzania,
P.O. Box 2939,
Dar es Salaam,
TANZANIA.

Re: Application for a Licence to carry out microfinance business under Tier 2
Sir,
I/We, the undersigned, hereby apply for a licence to establish/carry out a microfinance business
in Tanzania to be known as ____________________________________with principal place
of business at ____________________________________
The proposed microfinance business shall have a paid up capital of _______________ shillings
which contributed by Mr. /Ms. __________________________________ or the following
subscribers in case of a company:
Subscribed Shares
Name of Number Amount Amount Percentage of
Subscriber Paid-up Ownership

1. _______ _______ _______ _______ _______

2. _______ _______ _______ _______ _______
3. _______ _______ _______ _______ _______
4. _______ _______ _______ _______ _______
5. _______ _______ ______ _______ _______
Total
I/We jointly and severally make a firm commitment to contribute capital for the proposed
microfinance service provider.
In support of this application, I/we submit herewith the documents listed in the accompanying
checklist. I/ We certify the correctness of all the information indicated in such documents to
the best of our knowledge and belief.
I / We hereby authorize the Bank of Tanzania and any of its authorized agents or staff members
to make an enquiry or obtain any information from any source for the purpose of determining
the correctness of all the representations made in connection with this application or of
assessing its merits.

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

To facilitate communication between the Bank, and us we have authorized Mr. /Ms.
………………. ………………………………. of the following address:
(1) P.O Box …………………………
(2) Telephone number……………….
(3) Email address…………………….
(4) Fax number ……………………...

to represent me/ all of us in regard to this application. It is understood that any notice to him
shall constitute sufficient notice to all of us.
Enclosed is a cheque for Tanzanian Shillings one million being payment of our application fee.
Yours faithfully,

…………………………..
Signature of the Applicant or Authorized Officer

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The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

______
SECOND SCHEDULE
________
(Made under Regulation 6 (3) (c))
_________
Checklist of Documents
A. To all applicants
1. Letter of application in the prescribed form.
2. Banker’s cheque or any other document acceptable to the Bank evidencing payment
of application fee.
3. Proof of source and availability of capital of the proposed microfinance service
provider.
4. certified copies of academic and professional certificates;
5. Copy of latest Audited balance sheet, income statement and cash flow of an existing
microfinance service provider.
6. Certified Copy of TIN certificate.
7. Certified copy of Tax clearance Certificate.
8. Lending policy.
9. Home Country Regulator approval if the applicant is a foreign institution.
10. Declaration that the funds to be invested have not been obtained criminally or
associated with any criminal activity.
11. Proof of citizenship of every subscriber and every proposed directors Chief
Executive Officer and individual money lender. This includes detailed curriculum
vitae, certified copy of passport, which contain personal information or National ID
or birth certificate and two recent passport size photographs.

B. To an entity
In addition to documents listed in item (A) above, an entity shall submit the following:-
1. Certified copy of certificate of incorporation/registration.
2. Certified copy Memorandum and Articles of Association, constitution or by laws.
3. List of subscribers and proposed members of board of directors and Chief Executive
Officer.
4. Credit reference reports for every significant subscriber and every proposed director and
Chief Executive Officer.
5. Certified copies of tax returns of every subscriber and every proposed member of the
board of directors and Chief Executive Officer together with respective Tax clearance
certificates
6. Certified copies of latest annual returns of an existing microfinance service provider.

C. To individual money lenders

In addition to documents listed in item (A) above, individual money lender shall submit the
following
1. Certified copy of certificate of a business name registration
2. Credit report from Credit reference bureau;

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

______
THIRD SCHEDULE
______
(Made under Regulation 10(1))
______
CRITERIA FOR DETERMINING THE CHARACTER AND EXPERIENCE REQUIRED
FOR A MEMBER OF THE BOARD OF DIRECTORS AND SENIOR MANAGEMENT OF
A MICROFINANCE SERVICE PROVIDER
1. In order to determine, for the purpose of these Regulations, the character and moral
suitability of persons proposed to be members of the Board or Chief Executive Officer, the
Bank shall have regard to the following qualities, in so far as they are reasonably determinable,
of the person concerned-
(a) education background;
(b) general character;
(c) professional skills and competence; and

2. For the purpose of and without prejudice to the generality of the provisions of paragraph
(1), the Bank may have regard to the previous conduct and activities of the person concerned
in the business or financial matters and, in particular to evidence that such person-
(a) has committed any act of bankruptcy;
(b) was a director or in a senior management position of an institution that has been
liquidated or is under liquidation or statutory management; or
(c) has committed or been convicted of the offence of fraud or any other offence of
which dishonesty is an element;
(d) has contravened the provision of any law designated for the protection of members
of the public against financial loss due to the dishonesty or incompetence of, or
malpractices by, persons engaged in the provision of banking, insurance, investment
or other financial services.
3. Any other criteria, which the Bank may prescribe, from time to time.

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

______
FOURTH SCHEDULE
______
(Made under Regulation 10(4))
______

Questionnaire for Directors and Chief Executive Officer of Microfinance Service

Providers under Tier 2
Part I: Instructions for Filling the Questionnaire
(i) This Questionnaire should be filled in duplicate by each director and Chief Executive Officer
of a Microfinance Service Provider.

(ii) Answers to ALL questions should be TYPED or written in INK and in BLOCK LETTERS.

(iii) No question should be left unanswered. Where the Applicant believes that a question does not
apply, the Applicant should write “Not Applicable” or “N/A”.

(iv) If there is insufficient space to answer a question, additional information may be provided on
an attachment page and identify the continuation of an answer by stating the question number.

(v) All dates should be completed in the form: Day / Month / Year

(vi) Please ensure that all answers and information are true and correct. Failure to do so constitutes
a criminal offence and can lead the Bank to reject an application or disqualify a director or
Chief Executive Officer who has been cleared on the basis of untrue or incorrect information.

(vii) The following documents shall be submitted to the Bank with respect to each proposed director
and Chief Executive Officer, together with other documents the Bank may require-
a) certified copies of academic and professional certificates;
b) photocopy of the Tanzania national identity card or pages of the passport which contain
personal information including photograph, nationality, date and place of birth and issuer
of the passport;
c) two certified passport size photographs; and
d) references from two persons who are not relatives, vouching for good moral character,
integrity and performance.

(viii) The completed application form and any supporting material, should be submitted to the office
of:
Director of Financial Sector Supervision
Bank of Tanzania
P.O.Box 2939
Dar-es-Salaam

NOTE: Failure to disclose and submit all necessary information may lead to the Bank of Tanzania rejecting the
application

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Part II: Personal Particulars

1. Name of the microfinance service
provider
2. Surname
3. First Name(s)
4. Middle Name
5. Are there any names by which you
are also known as?
6. Date of Birth
7. Place of Birth
8. Position to be held in the
microfinance service provider.
9. National Identity Number and/or National Voter ID Social
Voters ID and/or Social Security Identity Number Security
number. Please tick and provide Number □ Number
identification number below. □ □
Attach a certified copy of the
social security identity card and or
Voter ID card appropriately.

10. Nationality (ies): Please state how

nationality (ies) was acquired, e.g. Naturalization
by birth, naturalisation or marriage. Birth □ Marriage
If acquired by naturalisation or □ □
marriage, indicate previous
nationality.
11. Please attach a certified copy of the Tanzania national identity card.
Or pages of your passport(s) which contain personal information including photograph,
nationality, date and place of birth and issuer of the passport;
12. List below your official and residential addresses. If you have had any other addresses
during the last 5 years, indicate them as well as relevant dates.

Dates Residential Address Official Address

Block/Plot number………… Name of the Organization…..

Street……………… Block/Plot number…………
Postal Address…………. Street………………
District/Town…………… Postal Address………….
City………………………… District/Town……………
Country…………………… City…………………………
Country……………………
Block/Plot number………… Name of the Organization…..
Street……………… Block/Plot number…………
Postal Address…………. Street………………
District/Town…………… Postal Address………….
City………………………… District/Town……………
Country…………………… City…………………………
Country……………………

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Block/Plot number………… Name of the Organization…..

Street……………… Block/Plot number…………
Postal Address…………. Street………………
District/Town…………… Postal Address………….
City………………………… District/Town……………
Country…………………… City…………………………
Country……………………

Part III: Academic Qualifications

13. Details of academic qualifications and the year in which they were obtained. (E.g.
Certificate, Diploma, Degree, Master’s Degree, etc.…). Please provide certified true
copies of certificates in relation to the qualifications obtained.
Qualification Educational Establishment Year Obtained
/ Awarding Body

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Part IV: Professional Qualifications

14. Details of any professional qualifications and the year in which they were obtained (E.g.
CPA, TIOB,ACA, ACCA, ACIB etc…). Please provide certified true copies of
certificates in relation to the qualifications obtained.
Membership No. Professional Qualification Year Obtained

Part V: Professional Membership

15. Details of current membership of any relevant professional bodies, their contact details
and year of admission (e.g. Institute of Directors, Institute of Management, etc…)
Membership Professional Levels of Year Admitted Status of
No Body’s Name Memberships membership
and Contact (e.g. Associate, (e.g. active or
Details Fellow, inactive
Member)

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Part VI: Employment History

16. Beginning with your present occupation or employment, please list all occupations and
employment. If self-employed please indicate “SELF EMPLOYED” (NB: The Bank
may seek references from previous employers.)
Name / Address of Nature of Position Relevant Percentage
employer Business Held Dates of ownership
(For self-
employed
only)
Name of the
Organization……………
Block/Plot number…………
Street………………
Postal Address………….
District/Town……………
City…………………………
Country……………………
Name of the
Organization……………
Block/Plot number…………
Street………………
Postal Address………….
District/Town……………
City…………………………
Country……………………
Name of the
Organization…..
Block/Plot number…………
Street………………
Postal Address………….
District/Town……………
City…………………………
Country……………………

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Part VII: Directorships

17. Beginning with your present directorship, please list all directorships
Company Company’s Incorporation Country of Relevant Date
Name nature of Number Registration
business

18. Have you ever been involved in any litigation?

Yes No
If yes, provide details including any judgment;

If any of the answers to questions 21 to 32 are “Yes”, please give full particulars on a separate
sheet of paper clearly stating the number of the question to which the details relate. Please note
that no time restrictions apply to the matters you are asked to disclose. Any convictions and
other facts must be stated.

19. Have you or any other body corporate, partnership or

unincorporated institution to which you are, or have been
associated with as a director, Chief Executive Officer, or officer Yes □
No □
ever applied for microfinance business to any jurisdiction for a
license or other authority to carry on microfinance business or
other related business (e.g. insurance, mortgage finance, lease
finance, etc.) , regardless of whether the application was
successful or not.

Yes □
20. Have you or at any time been convicted of any criminal offence? No□
If so, give full details of court by which you were convicted, the
offence and the penalty imposed and the date of conviction.

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

21. Have you or any body corporate, partnership or unincorporated Yes □

institution to which you are, or have been associated with as a No □
director, Chief Executive Officer, or officer been subject of an
investigation by a government, professional or other regulatory
body?

Yes □
22. Have you ever been subject of a disciplinary enquiry? No □

Yes □
23. Have you ever been suspended from any office or asked to No □
resign?

Yes □
24. Have you been dismissed from any office of employment or No □
barred from entry to any profession or occupation?

Yes □
25. Have you ever been disqualified from acting as a director of a No □
company, or from acting in the management or conduct of the
affairs of the company, partnership or unincorporated company?

Yes □
26. Have you ever been adjudged bankrupt by a court, or entered into No □
any compromise with creditors, or are you currently the subject
of bankruptcy proceedings? Are you aware of any such
proceedings pending?

Yes □
27. Have you ever failed to honor any credit obligation as borrower No □
of any bank or financial institution or other money lending
institution?

Yes □
28. Have you failed to satisfy any debt adjudged due and payable by No □
you as a judgment-debtor under an order of a court?

Yes □
29. Have you in connection with the formation or management of any No □
body corporate, partnership or unincorporated institution been
adjudged by a court civilly liable for any fraud or other
misconduct by you towards such a body or company or towards
any members thereof?

Yes □
30. Has any body corporate, partnership or unincorporated institution No □
with which you were associated as a director, Chief Executive
Officer or officer been compulsory wound up or made any
compromise or arrangement with creditors or ceased trading in

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

circumstances where its creditors did not receive or have not yet
received full settlement of their claims.

Yes □
31. In carrying out your duties, will you be acting on the directions No □
or instruction of any other person?

Part VIII: Referees

32. State the name, address and occupation of two persons who are not relatives, vouching
for your good moral character, integrity and performance of whom the Bank may enquire
regarding their character and reputation.

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

DECLARATION BY THE APPLICANT

I, ....................................................................................................... hereby declare the
following:
This questionnaire consists of.......... pages, each signed by me.
The content of this declaration is true to the best of my knowledge and belief. I am aware that
should any information submitted herein be false, I may be liable to prosecution. I undertake,
that for as long as I continue to be a director or executive officer of the institution, I will notify
the Bank of any material changes to, or affecting the completeness or accuracy of the
information supplied by me as soon as possible, but in any event not later than 21 days from
the day that the changes come to my attention. I know and understand the content of this
declaration. I have/do not have* objections to taking the prescribed oath. I consider the
prescribed oath to be binding /not binding* on my conscience.
_________________________
SIGNATURE OF APPLICANT
I certify that the above statement was taken by me and that the deponent has acknowledged
that he*/she knows and understands the content of this statement. This statement was sworn
to*/affirmed before me and the deponent's signature was placed thereon in my presence at
.............................................on this ............day of ................ two thousand and ..........................
__________________________________
COMMISSIONER OF OATHS
FULL NAMES: __________________________________________
ADDRESS: ______________________________________________
* Delete whichever is not applicable

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

Checklist
Below is a checklist that has been designed to assist applicants to ensure that all of the
information required by the Bank has been submitted.

Has the Personal Questionnaire form been □

filled out in full?

Certified copy of pages of passport or □

national identity card, which contain
personal information including photograph,
nationality, date and place of birth and issuer
of the passport or Tanzania national identity
card.
Certified copy of the social security identity □
card and /or Voter ID card

Copies of stated academic qualifications □

Copies of stated professional qualifications □

Copies of stated membership to professional □

bodies

Past Employment references □

List of Directorships (if applicable) □

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 The Microfinance Act (Non- Deposit Taking Microfinance Service Provider) Regulations, 2019

FIFTH SCHEDULE
________
(Made under Regulation 12(1))

LICENCE NO: MSP2-

BANK OF TANZANIA
LICENCE TO CONDUCT MICROFINANCE BUSINESS
Issued under Section 21 of the Microfinance Act, of 2018

THIS LICENCE IS ISSUED TO:

………………………………………………………………… (Name of Microfinance Service Provider) of

…………………………………………………………………………… (Address) and authorizes the said institution to conduct or carry microfinance business in

Mainland Tanzania as a Non- deposit Taking Microfinance Service Provider under Tier 2.

This licence is issued subject to the provisions of the Microfinance Act, 2018 and the conditions set forth in our letter with reference

No………………………………………………. dated …………………………………………………...

Dated this ……………………………………………. day of …………………………………………………………………..

GOVERNOR
SEAL
33