Make sure that you are viewing the site in secured mode. Other titles in the law, justice, and development series the transit regime for landlocked states. Ensure that your browser is enabled with javascript and cookies. Safaricom, an example of telecomled mobile banking and equity. The only factor to be taken into account is the potential customers financial position at the time of application. Ellingers modern banking law sets banking law against the background of general legal doctrines and banking regulation, discussing its operation in the context of its wider economic function. It provides for the process of licensing banking institutions and circumstances under which. A compendium of laws on banking in uganda edited by alex buri, joseph kyazze.
Mobile banking is a service provided by a bank or other financial institution that allows its. African nations such as kenya would rank highly if sms mobile banking were. Kenya banking law also protects potential consumers by requiring banks not to discriminate. Mpesa is a unique innovation that is rapidly evolving laws must be flexible in order to accommodate new changes and not confine development of new products. Banking and finance lawyers, law firms in kenya for every. A microfinance institution mfi is a form of financial development that primarily provides financial services to the low income groups and micro and small enterprises mses. Business name of a bank and unauthorised use of the word bank article 6 a bank is required to have the word bank as part of its business name. View essay banking law from business m 301 at egerton university.
Goldfaceirokalibe malthouse press, nigeria law of contract in uganda by david j. This law provides basic principles and framework to form, settle, govern and regulate banking institutions. Mbanking definition of mbanking by the free dictionary. Legal aspects of financial services regulation and the. An act of parliament to amend and consolidate the law regulating the business of banking in kenya and for connected purposes. Government of the republic of kenya, kenya vision 2030, a globally competitive and prosperous kenya, 2007.
Banking in kenyastateexpanded to show the template expanded, i. Revised edition 2010 2007 published by the national council for law. From force majeure to employment issues follow the latest thinking from the worlds leading business law firms as the virus continues to spread. For example under the banking act we have seen an attempt to define who a bank is but not who a customer is. With development, the monetary system was introduced. None of the material on this site is expressly or impliedly meant to provide legal advice to you. This means that a bank cannot refuse to set up an account on the basis of someones age, race, gender and other factors.
Another example of the statute which appears to recognize. Law of banking, negotiable instruments and insurance prepared by fasil alemayehu and merhatbeb teklemedhn 3 this teaching material, which is prepared and presented in the form of a compilation, is organized in three parts based on the three areas of law it incorporates, i. The banking act chapter 488 of the laws of kenya deals with the business of banking and related matters. Mobile banking is a service provided by a bank or other financial institution that allows its customers to conduct financial transactions remotely using a mobile device such as a smartphone or tablet. Statutory definitions of a bank admin june 04, 20 section 2 of the banking act cap 488 laws of kenya defines a bank to mean a company which carries on or proposes to carry on. The contract governing your openend credit account, it provides information on changes that may occur to the account. No person other than a bank shall have in its business name andor use in its activities the word. Bank, to use the word bank or any of its derivatives or any.
Corporate finance personal finance public finance financial law financial regulation list of banks category. The publication includes the banks act in the second binder and the banking. Law of banking, negotiable instruments and insurance prepared by fasil alemayehu and merhatbeb teklemedhn 3 this teaching material, which is prepared and presented in the form of a compilation, is. Banking law and practice is intended as a concise but comprehensive guide for practitioners and students alike.
Legislation and guidelines cbk central bank of kenya. Bankercustomer relationship the banking act defines a bank 2 as a company which carries on or proposes to carry on banking business in kenya. Kenyas financial transformation in the 21st century tralac. Seths banking law, law publishers india p limited k. The relationship between a bank and a customer under kenya law embraces mutual duties and obligations and it is therefore necessary to know what in law is a customer. An act of parliament to amend and consolidate the law regulating the business of banking in kenya and for connected purposes part i preliminary 1. Part ii refers to the formation of banks, giving guidelines for the settling.
Notes on regulation of branchless banking in kenya currently have the necessary tools including specific regulations to supervise the payment system. To protect banking confidentiality credit allocationto direct credit to favoured sectors to provide the best customer service in this competitive age. Kenya law handsover 620 grey books to the judiciary. This could be one of the reason why the common law definition of banking remains as to who is a customer and who is not a customer. Government of the republic of kenya, first medium term plan 20082012, kenya vision.
The banking industry in kenya is governed by the companies act, the banking act, the central bank of kenya act and the various prudential guidelines issued by the central bank of kenya cbk. Longet terer handed over a total of 620 grey books to the chief registrar. The banking act cap 488 of the laws of kenya lays a tight procedure for the regulation of the licensing and operations of banks in this country. East africa legal guide march 15 2014 aspen institute. International law and development perspectives 2006 by kishor uprety the human right to water. The word bank, or words deriving from the word bank must not be used in the title of a trading company, or a legal entity, which does not meet the conditions. Answer question one and any other two questions question one a in relation to.
In other words, safaricom is an example of telecomled mobile banking. It is our pleasure to inform you that all recent and current banking and. To protect banking confidentiality credit allocationto direct credit to favoured. My proposed law to regulate interest rates is unique. Mpesa and the evolution of financial inclusion in kenya. Avoid misuse of banksto reduce the risk of banks being used for criminal purposes, e. This means that a bank cannot refuse to set up an account on the basis of someones age, race, gender and other. Banking in kenyastateautocollapse shows the template collapsed to the title. A bank is a financial institution that accepts deposits from the public and creates demand deposit.
The mobile banking revolution in kenya ash center harvard. An analysis of the legal challenges posed by electronic. Overview of the banking industry in kenya lexology. For those searching for banking and finance project topics and materials pdf, ms word in nigeria, kenya and ghana. The outcomes of an enabling legal and regulatory framework, investment by dynamic private sector. The banking amendment bill speaks to the general welfare of the citizenry. Kenya law resource center is published as an information resource only.
The payment history of an account over a specific period of time, including the number. The central bank of kenya cbk has been an integral part of this success, given kenyas aspirations. Banker customer relationship kenya law resource center. Banking courses can cover such topics as account management, finance management, corporate cash management, international banking, and personal money management and will also provide a variety. Banking law and practice question paper banking law and practice. This development made the banking system imperative as it was necessary to store the money as it could easily be. Visit the internet banking faq for more information. The enabling environment for mobile banking in africa. Electronic banking using a telephone connection phone banking and mobile banking.
1102 811 324 457 111 1594 800 614 806 271 215 720 1526 59 101 261 709 1292 647 178 621 598 884 65 612 1636 1402 1455 1228 1335 1456 1534 564 622 744 75 531 878 605 816 520 22