Corporate Governance principles’ purpose is to facilitate effective, entrepreneurial, and prudent management that can deliver the long-term success of the company. One of the Statutory roles of a company secretary is to ensure Compliance is achieved all the necessary filings are done at the Registrar of Companies. List of Routine compliance requirements in Kenya Routine…
Boards have, since time immemorial, been regarded as an honored set of individuals who provide leadership, vision, strategic direction and indeed crystalize the collective aspirations of organizations. Top organizations have common characteristics which include strong leadership and efficient governance processes. Guided by vision, philosophy, mission, values; leadership and governance is reflected through the ability of…
On 1st September 2023, the President assented to the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Act. The Act will come into effect on 15 September 2023. The Act amends 18 Acts of Parliament relating to AML, CTF and counter-financing of the proliferation of weapons of mass destruction in addressing deficiencies identified during the…
Whenever Enron, the Parmalat and FTX are mentioned, the thought of their stunning and rapid collapse cannot escape our minds. These were corporate giants whose dramatic collapse resulted from weak systems of corporate governance, internationally awakening the need to improve and reform corporate governance in institutions. Meaning of corporate governance Corporate governance is the system…
Stewardship entails the responsible supervision and administration of assets, aimed at serving the ultimate beneficiaries or clients of institutional investors. These institutional investors function as both asset owners and asset managers, holding equity and debt stakes in Public Listed Companies. Asset owners refer to collective investment vehicles that pool funds on behalf of their beneficiaries…
Transfer pricing enables the determination of prices for the goods and services traded among subsidiaries, affiliates, or companies under common control, all of which belong to a larger organization. Utilizing transfer pricing can result in tax benefits for corporations, although tax authorities may challenge their assertions. The requirement for transfer prices arises almost invariably when…
A fixed-term contract is a contract of service that specifies the start date and the end date of the employment. Termination of this type of contract orexpectation of renewal has been left to the interpretation of the court and theapplication of the principle of legitimate expectation. The Court of Appeal of Kenya has in Transparency International-Kenya…
What is a charitable trust? Charitable Trust is defined as one in which property held by a trustee must be used for charitable purposes. Before a court can enforce a charitable trust, it must examine the charity and evaluate its social benefits. The court cannot rely on the view of the settlor, the one who…
Over the past years in Kenya, Corporations have always focused on the economic aspects and how to grow the economy of the nation. This bore fruits for established business owners then and is likely to be so tomorrow. This was just the tip of the iceberg compared to the promulgation of the 2010 constitution of…
The Anti-Counterfeit Authority announced the commencement of recordation of Intellectual Property Rights (IPR) through the Anti-Counterfeit Authority Integrated Management System (“AIMS”). IPR recordation basically involves the creation of a database of IPR information relating to trademarks, copyrights, trade names, or any other protected intellectual property rights, for all goods to be imported into Kenya. The…