THE TIER 4 MICROFINANCE INSTITUTIONS AND MONEY LENDERS ACT (2016) KEY HIGHLIGHTS ON IMPLEMENTATION ICPAU COOPERATIVES' SEMINAR

Similar documents
THE INSTITUTE OF CERTIFIED PUBLIC COOPERATIVES SEMINAR THE IMPLEMENTATION OF THE TIER 4 MICROFINANCE INSTITUTIONS AND MONEY LENDERS ACT, 2016

Uganda Online Law Library

PROPOSALS FOR REGULATIONS

THE CAPTIVE INSURANCE. BILL (No.XXXII of 2015) Explanatory Memorandum

By Kasenge Lawrence Economist, Microfinance Department, Ministry Of Finance, Planning And Economic Development, UGANDA

Project for Financial Inclusion in Rural Areas (PROFIRA)

OFFICE OF THE AUDITOR GENERAL UGANDA

PART I PRELIMINARY. 1. These Regulations may be cited as the Public Finance Management (Climate Change Fund) Regulations, 2018.

CO-OPERATIVE BANKS ACT

Implications of the New Cooperative Act on the Financial Sector in Nepal

The Microfinance Business Law (The Pyidaungsu Hluttaw Law No. 13 /2011 ) The 5th Waxing Day of Nadaw 1373 M.E. ( 30th November, 2011 ) The Pyidaungsu

Highlights of the Financial Services Bill and Impact of Sacco Subsector

CENTRAL BANK OF KENYA ACT

BANKING ACT 2003 As amended 2004 ANALYSIS

BANK of ZAMBIA REQUIREMENTS FOR SETTING UP A BANK IN ZAMBIA

Policy, Regulatory and Supervisory Environment for Microfinance in Tanzania

GUIDELINE ON NON-OPERATING HOLDING COMPANIES CBK/PG/24. Information Gathering Powers over Non-Operating Holding Companies

PRUDENTIAL REGULATION OF MFIs

Financial Access and Financial Regulation and Supervision Issues and Practices

DEPOSIT PROTECTION CORPORATION ACT

UGANDA REGISTRATION SERVICES BUREAU CLIENT CHARTER

Project for Financial Inclusion in Rural Areas

For Review BASIC FACTS ABOUT SAVINGS AND CREDIT COOPERATIVE ORGANISATIONS (SACCOS)

Act Non-Governmental Organisations Act 2015

BANK OF UGANDA THEME: FINANCIAL INCLUSION AND THE DEVELOPMENT OF THE FINANCIAL SYSTEM

BANK OF UGANDA ANNUAL SUPERVISION REPORT

REPORT OF THE AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THE UGANDA EMBASSY, RIYADH FOR THE FINANCIAL YEAR ENDED 30 TH JUNE, 2015

1 L.R.O Financial Institutions CAP. 324A FINANCIAL INSTITUTIONS

NOMINATION FORM FOR ELECTION TO THE BOARD OF DIRECTORS AND THE SUPERVISORY COMMITTEE

FINANCIAL REPORTING FOR COOPERATIVE SOCIETIES 12 th 13 th May 2016 HILTON HOTEL NAIROBI. Session: SASRA Required Reports (Financial Management Report)

THE REPUBLIC OF UGANDA

Bank Finance and Regulation Survey. CYPRUS Dr. K. Chrysostomides & Co LLC

INSPECTORATE OF GOVERNMENT POLICY STATEMENT PRESENTATION TO THE PARLIAMENTARY AND LEGAL AFFAIRS COMMITTEE OF PARLIAMENT

THE REPUBLIC OF UGANDA

Sacco Regulation in Kenya. By Emmans Otadoh National Treasurer

REPORT OF THE AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THE NATIONAL COUNCIL FOR DISABILITY FOR THE FINANCIAL YEAR ENDED 30 TH JUNE 2015

No.21 Rural Electrification 1

Non Bank Financial Institutions Supervision Department. BANK of ZAMBIA REQUIREMENTS FOR SETTING UP A NON BANK FINANCIAL INSTITUTION IN ZAMBIA

Questions and Answers

REPUBLIC OF VANUATU INTERNATIONAL BANKING ACT NO. 4 OF Arrangement of Sections

Fiscal Management & Acclountability Act N0. 20 of 2003

GUIDELINES ON BANKS AUDIT COMMITTEES, ANNUAL INDEPENDENT EXTERNAL AUDIT AND PUBLICATION OF AUDITED FINANCIAL STATEMENTS TABLE OF CONTENTS

SACCO SOCIETIES ACT LAWS OF KENYA. No. 14 of 2008

BANK INDONESIA REGULATION NUMBER 6 / 9 /PBI/2004 CONCERNING THE SUBSEQUENT ACTION FOR SUPERVISION AND DESIGNATION OF BANK STATUS

ACT. ii Supplement to the Sierra Leone Gazette Vol. CXLVII, No. 11 PART IV ADMINISTRATIVE PROVISIONS. dated 3rd March, 2016

Uganda: FSAP UPDATE By Justine Bagyenda Executive Director Supervision, Bank of Uganda

REGULATIORY COMPLIANCE: (6-Years of Prudential Supervision) ICPAK Fin Mgt Seminar for Coops

OFFICE OF THE AUDITOR GENERAL THE REPUBLIC OF UGANDA UGANDA HIGH COMMISSION, CANBERRA

PUBLIC FINANCE MANAGEMENT ACT

Workshop on Enhancing Financial Inclusion in the COMESA Region through Enhancement of the Regulatory and Supervisory Framework

INSTITUTIONAL ARRANGEMENTS FOR PRUDENTIAL REGULATION

Republika e Kosovës Republika Kosovo - Republic of Kosovo Kuvendi - Skupština - Assembly

Guiding Principles EFFECTIVE SUPERVISION OF FINANCIAL COOPERATIVE INSTITUTIONS. Pillar I Pillar II Pillar III Pillar IV

OBJECTS AND REASONS. Arrangement of Sections PRELIMINARY

Nevis Financial Services (Regulation & Supervision) Department Guidelines on the establishment of an International Bank in Nevis

PUBLIC FINANCE MANAGEMENT ACT

MORTGAGE BROKERAGES, MORTGAGE LENDERS AND MORTGAGE ADMINISTRATORS ACT. A Consultation Draft

Kingdom of Swaziland. Public Finance Management Bill

Act 13 Insurance (Amendment) Act 2011

Decision on the method of exercising supervision of credit institutions and imposing supervisory measures. Article 1

Solomon Islands. UNCTAD Compendium of Investment Laws. The Foreign Investment Bill 2005 (2006)

KENYA DEPOSIT INSURANCE ACT, 2012 DRAFT REGULATIONS

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 15/2015/NĐ-CP Hanoi, February 14, 2015 DECREE

The Central Bank of The Bahamas

Public Finance Amendment Act 2004

STANDARD OF SOUND PRACTICE ON AGENT BANKING

By-Laws (constitution)

LAWS OF MALAYSIA. Act 276. Islamic Banking Act An Act to provide for the licensing and regulation of Islamic banking business.

Towards an Effective Framework for Financial Literacy and Financial Consumer Protection in Uganda

KENYA GAZETTE SUPPLEMENT

The Microfinance Law (The Pyidaungsu Hluttaw Law No.13) The 5 th Waxing Day of Nadaw, 1373 M.E. (30 th, November, 2011)

The Public Financial Management Bill, 2012 THE PUBLIC FINANCIAL MANAGEMENT BILL, 2012 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

Tourism tax. EY Tax Alert. I. Date of coming into operation II. Tourism Tax Regulations 2017

Corporate Social Responsibility Policy

Job Description and Requirements Programme Manager State-building and Governance Job no in the EU Delegation to the Republic of Yemen

DIRECTIVE NO.DO2-93/MCR MINIMUM CAPITAL RATIOS FOR BANKS

THE REPUBLIC OF UGANDA

FINANCIAL SERVICES COMMISSION SECURITIES INDUSTRY ADVISORY: NEW REQUIREMENTS FOR UNIT TRUSTS

BERMUDA MONETARY AUTHORITY

Produced by Central Africana Limited, Blantyre, Malawi

BANK OF UGANDA. Remarks by. Louis Kasekende (PhD) Deputy Governor, Bank of Uganda. At the 2017 Annual Dinner for the Uganda Bankers Association (UBA)

Guidelines for the Licensing and Operation of Forex Bureaus and Money Remittance Companies, 2018

COMMONWEALTH OF DOMINICA

RULEBOOK OF THE NIGERIAN STOCK EXCHANGE (AMENDMENTS TO DEALING MEMBERS RULES) 1. Section VI: Classification of Registration

LAWS OF KENYA. The Banking Act CHAPTER 488. Note This edition incorporates amendments up to 1 st August, 2014

Strengthening Public Financial Management and Accountability

1.1 Trends in Lending and Leasing in

PRIVATE VOLUNTARY ORGANIZATIONS ACT

LAW ON BANKING AGENCY OF REPUBLIKA SRPSKA. Article 1

Act 724 Insurance Acts, 2006 ARRANGEMENT OF SECTIONS. National Insurance Commission

Kenya Gazette Supplement No st August, (Legislative Supplement No. 43)

PAYMENT INSTRUMENTS (OVERSIGHT) REGULATIONS, 2017

THE DEPOSIT INSURANCE AND CREDIT GUARANTEE CORPORATION ACT, 1961 ARRANGEMENT OF SECTIONS

THE INSURANCE ACT (Consolidated version with amendments as at 07 September 2016) ARRANGEMENT OF SECTIONS

THE FINANCIAL REPORTING ACT 2004

LESOTHO GOVERNMENT GAZETTE

POLICE AND CRIMINAL EVIDENCE BILL 2004 A BILL. entitled "BERMUDA DEPOSIT INSURANCE ACT 2010

St. Vincent and the Grenadines. International Financial Services Authority. Statement of Guidance. Capital Adequacy

LEGAL NOTICE NO. THE MICROFINANCE ACT (No. 19 of 2006)

INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OF KENYA FINANCIAL REPORTING FOR SACCOS

Transcription:

THE TIER 4 MICROFINANCE INSTITUTIONS AND MONEY LENDERS ACT (2016) KEY HIGHLIGHTS ON IMPLEMENTATION ICPAU COOPERATIVES' SEMINAR FRIDAY, 19 JANUARY 2018 HOTEL AFRICANA, KAMPALA

Outline Introduction Key Highlights of the Law Tier 4 SACCOs Regulations, 2017 Conclusion

Background In July 1999, BOU issued policy stance on the regulation of Microfinance business in Uganda Implication? Adoption of a tiered approach to the regulation & supervision of Financial Service Providers in Uganda Four (4) distinct Tiers emerged

Background Cont d... TIER 1 - Commercial Banks supervised by BOU under the Financial Institutions Act, 2004 TIER 2 - Credit Institutions supervised by BOU under the Financial Institutions Act, 2004 TIER 3 - Microfinance Deposit-Taking Institutions (MDIs) supervised by BOU under the MDIs Act, 2003

Background Cont d... TIER 4 - All other microfinance institutions not supervised by BOU i.e. Credit only Microfinance Companies & NGOs; SACCOs; VSLAs and Money Lenders Government committed to reforming the legal & regulatory framework for Uganda s Financial Services

Legal & Regulatory Framework Financial Services Department (FSD) created under Directorate of Economic Affairs in 2014 one-stop focal point for Ministry s policy & oversight role over Uganda s financial services Financial Institutions Act, 2004 amended in 2016 to provide for: Agent Banking Banc assurance Islamic Banking Reforms Access & Use of the CRB by other Financial Service Providers

Reforms Cont d... Consultations on the amendment of the MDIs Act, 2003 completed & Principles submitted to Cabinet for approval Legal framework for Insurance industry overhauled and Insurance Act, 2017 passed by Parliament in March 2017 Retirement Benefits Sector Liberalization Bill approved by Cabinet and submitted to Parliament Tier 4 Microfinance Institutions and Money Lenders Act, 2016 passed by Parliament in May, 2017

Why the need for Tier 4 Law? Cooperative Societies Act is an omnibus law for all cooperatives SACCOs for all intents & purposes similar to Financial Institutions yet subjected to fundamentally different rules and supervision from that of other financial institutions

Result of ineffective framework and supervision? Rampant fraud mismanagement Outright theft Why Tier 4 Law? Member savings lost Loss of confidence in the SACCO sector and microfinance industry in general

Stakeholder Consultations Law developed through extensive stakeholders consultations spanning over 10 years Consultations and drafting led by an interinstitutional team: MFPED MOJCA MTIC BOU ULRC

Consultations Cont d... Some of the stakeholders consulted: AMFIU Secretariat & members UCSCU Secretariat & members UCA Secretariat & members UCCK UBA URSB UMOLA SHG promoters

KEY HIGHLIGHTS OF THE TIER 4 LAW

Application of the Act This Act applies to all Financial Service Providers categorized as Tier 4 Microfinance Institutions (MFIs) & Money Lenders Tier 4 MFIs comprise: Savings and Credit Cooperatives (SACCOs) Non Deposit-Taking Microfinance Institutions (ND-MFIs) Self Help Groups (SHGs)

Arrangement of the Act Act organized into 10 Parts including: PART I - Preliminary PART II - UMRA PART III SACCOs PART IV ND-MFIs PART V -Money Lending business PART VI - SHGs PART VII Commodity Based Microfinance PART VIII Islamic Microfinance PART IX Receivership and Liquidation PART X - Miscellaneous

UMRA The Act establishes an autonomous supervisor to be known as the Uganda Microfinance Regulatory Authority (UMRA) UMRA has the following functions: regulating, LICENSING and supervising all Tier 4 MFIs & money lenders Promoting programmes and interventions necessary for the development of Tier 4 MFIs; Protecting the interests of the members and beneficiaries of Tier 4 MFIs, including the promotion of transparency and accountability by applying non prudential standards;

UMRA Cont d... UMRA s functions: promote the stability and integrity of the financial sector through ensuring the stability and security of Tier 4 MFIs; ensure the sustainability of the microfinance sector with a view to promoting long term capital development; establish and enforce standards of sound business and financial practices for Tier 4 MFIs;

UMRA Cont d... Some of UMRA s powers include: Powers to investigate or inquire into the operations of Tier 4 MFIs and money lending business Instruct on the proper management of Tier 4 MFIs and money lending business Exercise power that is necessary for the performance of its functions

UMRA Cont d... Power to takeover the management of a Tier 4 MFI for a period at its discretion if: It considers a Tier 4 MFI to be in unsound financial condition and not operating in accordance with sound administrative and accounting practices/procedures A Tier 4 MFI fails to comply with minimum capital requirements specified in the Regulations A Tier 4 MFI refuses to be inspected by the Authority A Tier 4 MFI s license has been cancelled or revoked A Tier 4 MFI is conducting its business in a manner contrary to this Act

SACCOs supervision SACCOs not allowed to conduct the business of financial services unless they are: Registered under the Coop Societies Act (1991), and Licensed under this Act SACCO to pay an Annual Fee to UMRA in respect to the licence fee is payable every year SACCOs to provide financial services to their members ONLY 19

Supervision Cont d... Some key powers of SACCOs include: Mobilise and receive savings from members Borrow externally an amount not exceeding the limit determined by the AGM + which in aggregate does not exceed the limit that shall be prescribed by UMRA Provide loans to members Receive payments or deposits from government on behalf of members Exercise such powers as may be necessary to enable it carry out the purposes for which it was established Financial Year of a SACCO to be the calendar year (ending 31 st December) 20

Coop Act Tier 4 Relation Coop Act not apply to SACCOs except as expressly provided for in the Tier 4 Act Coop Act to apply to SACCOs in respect to: Governance investment of funds Dividends reserve fund share transfer fund; and contribution to the education fund

Relation Cont d... MDIs Act, 2003 amended A registered SACCO with voluntary savings in excess of Ugx. 1.5 Bn and institutional capital above Ugx. 500 Mn shall apply in writing to the Central Bank for a licence

Transition period Hon. Minister of Finance designated Date of Commencement for the Tier 4 Act as 1 st July 2017 All Tier 4 MFIs & Money Lenders in operation as at 1 st July 2017 required to apply for a licence within 12 months from the date of commencement

TIER 4 (SACCOs) REGULATIONS 2018

SACCO Regulations Licensing Requirements: Dully completed application form Certified copy of the certificate of registration Copy of SACCO Bye Laws Financial Statements Business Plan Credit Policy & Lending procedures Details on the members of the Executive Committee and senior management Evidence of payment of Application Fees

Regulations Cont d... License Fees: SN FEE AMOUNT 1 APPLICATION 1,000,000 2 RENEWAL 1,000,000 3 BRANCH 500,000

Regulations Cont d... SACCOs to apply for RENEWAL LICENSE at least 90 days before expiry OF SACCOs required premises: to display at their Valid License Information on rights and obligations of members List of services and products offered SACCOs shall not relocate or close a place of business without notifying UMRA

Regulations Cont d... SACCO shall maintain at all times a core capital of not less than: 10% of total assets 8% of total deposits SACCO shall maintain at all times an institutional capital of not less than 8% of total assets SACCOs shall not borrow EXTERNALLY an amount exceeding 25% of total assets without approval from UMRA

Regulations Cont d... SACCOs to pay 0.05% of average annual savings & deposits as contribution to the SACCO Savings Protection Fund SACCOs to submit monthly Capital Adequacy Returns to UMRA SACCOs to submit monthly Liquidity Returns to UMRA

Regulations cont d... SACCOs to submit quarterly Investment Returns to UMRA SACCOs to annually submit Audited Financial Statements to UMRA A SACCO that fails to submit these Statutory Returns shall be fined Ugx. 400,000 as per section 32 of the Act

Way Forward MFPED in partnership with other MDAs is has: Set up UMRA and the Board Submitted Regulations to Implement the Act to First Parliamentary Counsel(FPC)-To be gazetted by 20/ 2/18 Started sensitising the public and candidates for supervision on the new legal and regulatory framework Formalising Delegated supervision arrangements

Thank you for listening