CMSA Regulations
CMSA Regulations
CMSA Regulations
AUTHORITY
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Table of Contents
1. Establishment.......................................................................................................... 2
2. Mission ................................................................................................................... 2
3. Roles and Functions................................................................................................ 2
4. The Board ................................................................................................................ 2
5. The Management ..................................................................................................... 3
6. CMSA Organization Structure ............................................................................... 3
7. Achievements ......................................................................................................... 3
7.1. Establishment of the Dar es Salaam Stock Exchange ......................................... 3
7.2. Licensing of Market Players ............................................................................... 3
7.3. Public Education Programme ............................................................................. 4
7.4. Research Programmes ......................................................................................... 4
7.5. Market products .................................................................................................. 5
7.6. Market Supervision ............................................................................................. 6
7.7. Advisory Service to the Government .................................................................. 6
7.8. New Market Structure at the DSE ...................................................................... 6
7.9. Regulations and Guidelines ................................................................................ 6
7.10. Regulations and Guidelines in the Pipeline: ................................................... 9
8. Capital Markets and Securities Authority and Trade Automation at the Dar es
Salaam Stock Exchange ................................................................................................. 9
9. The Future............................................................................................................. 10
9.1. Implementation of the Entrepreneurship Growth Market (EGM) .................. 10
9.2. Promotion of Collective Investment Schemes: ................................................. 10
9.3. Establishment of Municipal Bonds Market: ..................................................... 10
9.4. Increasing the listings on the DSE: ................................................................... 10
9.5. Investor Education: ........................................................................................... 10
9.6. Making the DSE more vibrant by introducing full range of investment
products: ....................................................................................................................... 10
9.7. Capital adequacy requirements: ........................................................................ 10
9.8. CMSA Website: ................................................................................................ 10
9.9. Improvement of the secondary market for fixed income securities: ................. 11
10. List of Licensed Dealing members of the DSE…………………………………..12
11. List of Licensed Investment Advisers……………………………………………13
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THE CAPITAL MARKETS AND SECURITIES AUTHORITY
1. Establishment
The Capital Markets and Securities Authority (CMSA) was established in 1995
following the enactment of Capital Markets and Securities (CMS) Act no. 5 of 1994.
CMSA became operational as an autonomous body at the beginning of 1995/96
financial year. The formation of CMSA followed comprehensive financial sector
reforms in early 1990s that were aimed at, among others, developing capital markets
to provide appropriate mechanism for mobilising long term savings and ensuring their
efficient allocation to productive sectors, thus fuelling economic growth.
2. Mission
“To design and implement purposeful measures which will enable the creation
and development of sustainable capital markets that are efficient, orderly, fair
and equitable to all”.
4. Board
The Board of Directors is the governing body of the CMSA. The CMS Act refers this
body as the Authority. The Board has a total of ten members who are appointed in
accordance with Section 6, subsection 3 of the CMS Act. The Chairman of the CMSA
Board is appointed by the President of the United Republic of Tanzania. Other
members of the Board are appointed by the Minister responsible for finance. Five
members are appointed by virtue of their positions. They are ex-officio members
appointed based on their official capacities, and they include:
4.1.1 The Permanent Secretary - Treasury
4.1.2 The Governor of Bank of Tanzania
4.1.3 The Attorney General
4.1.4 The Chief Executive Officer, Business Registration and Licensing
Agency (Registrar of Companies)
4.1.5 The CMSA Chief Executive Officer
The appointment of the remaining four members considers their relevant experience
and expertise in areas of finance, economics, accountancy and law.
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5. Management
The Chief Executive Officer (CEO) is responsible for the day to day activities of
CMSA. The CEO is assisted by three Directors in charge of Research, Policy and
Planning; Market Development and Supervision; and Legal Affairs and Enforcement.
The Management is complemented by six managers who provide support to the
Directors in the areas of finance, human resources, internal audit, legal affairs, market
supervision and market development.
7. Achievements
The fifteen years of CMSA existence have seen many achievements, including:
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securities on their own account (principals). Brokers can only buy and sell on behalf
of their clients only. They can not take position in the market.
The CMSA conducted a third securities dealers’ course in September 2006 and 23
qualified for the award of certificate.
7.4.2. The Fiscal policy as it relates to capital markets and securities business
The study came up with a number of recommendations including fiscal
incentives for capital market development in Tanzania. (On both the
supply and demand sides). Some of the incentives in place that resulted
from the study are reduction of withholding tax on dividends from
listed company from 15% to 5%, complete elimination of tax on
interest for long-term bonds of at least three years, elimination of
stamp duty on transfers of listed securities and inclusion of IPO cost as
deductible expense.
7.4.3. Legal study to assess the impact of existing and proposed legislation
on the development of capital markets and securities industry in Tanzania
The study reviewed the capital market regulatory framework and
identified areas for improvement. Among the improvements suggested
by the study are issues of Collective investment schemes and Public
offers of securities. Some of the recommendations are being
considered in the current review of the CMS Act.
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7.4.4. A Roadmap for the Establishment of Collective Investment Schemes
This study recommended step by step procedures for establishing
Collective Investment Schemes in Tanzania
7.4.8. The study on the appropriate market structure for the capital markets in
Tanzania
The study observed reasons why many companies do not use capital
markets for mobilization of financial resources and recommended
establishment of Enterprise Growth Market Segment (EGM) as market
for start up and growth companies.
7.4.9. The study on Fiscal and Monetary Policies for East African Capital
Markets
The study explored and identified fiscal and monetary policies that
hinder the development of East African capital markets and
recommended reforms that will accelerate the development of capital
markets in the region. It also made recommendation on the operational
aspects of East African Capital Markets
As at the end of August 2010, a total of more than TZS 926.19 billion had been raised
through capital markets in Tanzania, comprising of TZS 51.81 billion as equities; TZS
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89.40 billion as corporate bonds, TZS 822.10 billion as Treasury Bonds and TZS 107
billion as Collective Investment Securities
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7.9.3. Capital Markets and Securities (Register of interests in securities)
Regulations, 1996
These Regulations require certain market players to maintain a register, in a
prescribed format, of securities in which members of staff and other related
parties may have interests. The register of interest in securities enables
transactions to be traceable by the CMSA and other interested parties to provide
the requisite transparency in securities transactions as well as monitoring insider
trading.
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or commercial paper. It gives the eligibility criteria and disclosure requirements
for issuers of both corporate bonds and commercial papers.
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7.9.15. Legislation on Pyramid Schemes – these Regulations has facilitated
banning of pyramid schemes in the country.
8. Capital Markets and Securities Authority and Trade Automation at the Dar
es Salaam Stock Exchange
CMSA has facilitated the automation of the DSE trading operations, upgrading of the
Central Depository System (CDS) and the automation of the CMSA operations
through installation of a market watch system which monitors the DSE trading
operations as well as CMSA filing, and operation systems. The project was a result of
the Management Information System Study conducted by CMSA. Under the project,
DSE trading is now executed using an automated trading platform. A new CDS that is
compatible with the ATS has been installed. Both systems went live in December
2006, and they make the DSE a modern market with state of the art technology. In
addition, CMSA operations were also automated to provide electronic services in the
areas of: Document Management Software; Knowledge Management Software; Event
Management Software; Complaints Management Software; Library Management
Software; Electronic Filling Software; Licensing Management Software; Statistical
Package; Portable Document Format (PDF) - read and write software; Human
Resource Management Software and CMSA Website.
The ATS will facilitate access to areas other than Dar es Salaam as the ATS is internet
based and can be accessed in areas where internet services are available. This is the
next stage of creating connectivity to the ATS whereby brokers will have terminals in
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selected regions which will have access to the matching engine in Dar es Salaam.
With this connectivity, upcountry investors will be able to participate in secondary
market activities without being required to travel to Dar es Salaam.
9. The Future
CMSA has achieved a lot in its more than fourteen years of existence as highlighted
above. Future activities to be achieved include the following:
9.6. Making the DSE more vibrant by introducing full range of investment
products:
CMSA in collaboration with other stakeholders will facilitate the introduction of new
products in the market. Some of the products to be introduced include municipal
bonds and exchange traded funds such as unit trusts.
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investors, professionals and others; as well as parties with complaints to register them
for further action by CMSA. The website can be accessed through www.cmsa-tz.org
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Appendix 1
1. Rasilimali Ltd.
TACOSHIL Building Sokoine Drive, DSM
Tel: +255 22 211 1708
Fax: +255 22 212 2883
Email: [email protected]
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Appendix 2
4. Rasilimali Limited
Tacoshili Building, Sokoine Drive
P.O. Box 9373 Dar es Salaam
Tel: 255 - 22 - 2111711 / 255 (0) 744 777818
Fax: 255 - 22 - 2113438
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Fax: +255 22 266 6869
Email: [email protected]@raha.com
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CAPITAL MARKETS AND SECURITIES AUTHORITY
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