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US$240 to upload an annual report???

We come across non-transparent fee structures from website managers everywhere. Because the majority of CEOs are grey haired and do not understand IT the “corporate website” is seen as this thing that is needed but not wanted. Everybody must have a corporate website. Someone said that if you create a website to satisfy everyone it will satisfy no-one. Why do you have your website?

The other trend we have seen is for excessive fees to be charged by website vendors. Call them and ask them how much a corporate website costs – “oohh it depends they say”. Companies are forced to sign up not knowing what the final costs are. Changes are done on a per minute charge out rate basis, or if its something VERY IMPORTANT like the annual report then the charge goes up because the file size is bigger. Some vendors charge on a per file basis.

These higher charges are a result of the absence of skills. Fair enough but here is the thing. The technologies out there now are so cool and progressive that if the owners of these website businesses took some time off to find out about new technologies they would realise there is a whole new way of doing business online. Bring down the charges, do more proper websites and dont “do websites” as a business, “use websites as a business” to offer clients what they want.

We use corporate websites to communicate to the investment community. It doesnt work. Because all stakeholders use our interactivity to communicate with companies not just investors. In truth we offer a stakeholder community communications platform but I am not going to admit that online.

By the way I do this blog all by myself and I am an accountant (by qualification, not in spirit).

The nice people in the picture you saw, the ones with smiles on their faces are the website vendors by the way. The ones that charge silly prices.

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Redstar takes its investor relations online

We have launched Red Star Holdings Limited, a Zimbabwean based wholesaler, on AfricanSmallCaps.com

Red Star Holdings Limited has the largest wholesale infrastructure in Zimbabwe – including twenty-five Red Star Wholesalers and three Advance Wholesalers branches in all major towns in the country, offering a range of consumer products, reaching the remotest parts of Zimbabwe.

The company’s introduction to online IR has not been positive as it’s first announcement was a profits warning – view the message here. The fact is Red Star has some good assets and the company announcement that a potential transaction and recapitalisation is being considered by the Board is positive news.

Sign up to alerts on AfricanSmallCaps.com to keep abreast of this company.

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Nigerian IR – signs of life but some big mistakes made by regulators
I have published an extract of the new reporting requirements of the SEC below as distributed by Proshareng an online Nigerian equities portal. There is a mixture of First World legislation and a rushed knee jerk reaction to the recent meltdown in markets. Watch the Nigerian space for the practical problems associated with what has been required below. Why do I say there’s a problem? No market consultation with listed companies, stuff that is clearly impractical with no precedent. In what other countries in the World do listed companies have to provide quarterly forecasts? I did a study on listed companies having IPOs and forecasts in their prospectuses – the percentage of companies that actually reported earnings within 10% of forecast in the prospectus was less than 30%, in some cases even if there was only three months left to the end of the year.
Don’t get me wrong this is a step in the right direction. But why does it have to be done with so much pain?
“New Reporting Requirements of SEC – Implications and Imperatives
www.proshareng.com Page 1

INTRODUCTION
On 24th March 2010, the Securities & Exchange Commission (SEC) issued new rules and regulations containing additional reporting and compliance requirements for public companies in Nigeria. The rules became effective immediately. Although this development was in furtherance of SEC’s powers to make subsidiary legislation, the basis for the rules are contained in an Act of the National Assembly – the Investment and Securities Act, 2007 (ISA) The basis of SEC’s rules making powers is Section 313 of the ISA which provides that the SEC may make rules and regulations for the purpose of giving effect to the provisions of the Act and reserves the powers to prescribe penalties for non-compliance with the rules. These new rules are therefore binding on all persons and authorities to whom they are stated to apply and have the force of law.
CHIEF COMPLIANCE OFFICER
Under Rule B4, every public company shall appoint a compliance officer, who, in conjunction with the Chief Financial Officer shall ensure compliance with all regulatory requirements of the SEC. Although there is no requirement to notify the SEC of the appointment of this officer, it would be prudent to do so first to provide a point of contact for the SEC on regulatory matters and second to avoid the cost and expenses that may be required in responding to summons from the SEC aimed at confirming compliance with this requirement.
There is also no provision about the qualification and background of the Compliance Officer but it would seem sensible to appoint someone already familiar with the rules and the operations of the SEC to manage this interface. This for self governing companies could be someone from the Legal Department.
Many companies especially those in the financial services sector have already publicly announced their Chief Compliance Officers and notified the SEC of these appointments.
ANNUAL REPORTS
Rules B4(1) & B4(2) stipulate that every public company shall file with the SEC annually or on other periodic basis, its audited financial statements and other returns prescribed from time to time. The SEC requires that the Annual Report Annual Report shall comply with the provisions of SAS 2 and contain disclosures on its unclaimed dividend fund covering bank balances, investments and earned income by way of notes to the audited accounts. The annual report is required to be filed no later than 90 days after the financial year end must be certified by the CEO and the CFO or anyone exercising similar functions in the company.
The auditor is also required to, in his audit report to the company, issue a statement as to the existence, adequacy and effectiveness or otherwise of the internal control system of the company.
CEO AND CFO CERTIFICATION
In a provision lifted directly from rules made pursuant to the US Sarbanes- Oxley Act, the SEC ISA in Section 60(2) now requires public companies to have its annual or other periodic reports to be filed with the SEC to be certified by the Chief Executive Officer (CEO) and the Chief Financial Officer (CFO). The provision stipulates what these officers must certify.
At a meeting between Company Secretaries of listed entities and the SEC to introduce the new rules last week, the SEC provided a template of the type of CEO/CFO certification it would like to see. These are basically drawn from the provisions of Section 60(2) of the ISA.
EARNINGS FORECAST
Section 64 of the ISA provides that a listed public company, shall within 20 working days prior to the commencement of the quarter disclose to the relevant stock exchange its quarterly earnings forecast. In addition to this requirement, the SEC has now made rules regarding the release of the quarterly earnings forecast to the stock exchange, the SEC and the investing public.
The SEC now requires that the forecast shall be in line with the company’s policy, the stock exchange listing requirement and the rules of the SEC. The stock exchange other than requiring that earnings forecasts be submitted quarterly in line with the provisions of Section 64 of the ISA has not issued a format for the forecast; neither has the SEC. This therefore provides an opportunity for a well regulated company to comply by issuing what it feels comfortable with (at least until one of the regulators issues a standard format for everyone to adopt). The forecast is now required to be certified by the CEO and the CFO or any other officer performing similar functions.
All public companies are also required to notify the stock exchange, the SEC and the investing public as soon as it is known that the forecast will not be realised.
QUARTERLY REPORT
Public companies are required under Rule B4(4) to file with the SEC and simultaneously with the stock exchange and the investing public a quarterly report prepared in accordance with SAS 30. The challenge this poses is the requirement of simultaneous filing with the stock exchange and the investing public using different fora. The most popular way of informing the investing public is through newspapers publications (and/or the internet). Ideally, one needs to give the newspapers 1 or 2 days’ notice for the publication. This therefore makes compliance with this requirement somewhat challenging when dealing with the mass market. This was pointed to the SEC at its meeting with Company Secretaries last and the body promised to review this requirement. The requirement however has an upside and it could help companies focus much more on the Investor Relations responsibilities and associated/credible platforms for disseminating such. A company can and should consider the use of the internet platforms as a bridge to delivering on this requirement.
The quarterly report is expected to contain the following: accounting policy changes, seasonality or cyclicality of operations, unusual items, changes in estimates, issuance, repurchase and repayment of debts and equity securities, dividends, business combinations, etc. This report is also subject to the CEO/CFO certification requirement.
PUBLICATION OF INTERIM FINANCIAL STATEMENTS
All public companies are now required to publish their “signed” quarterly balance sheet, income statement and cash flow statement in at least one National daily newspaper (and by definition extension the web). The accounting policies need not be published in the newspaper if they can be placed on the company’s website to which reference must be made in the newspaper publication. The publication must be signed by the CEO and the CFO as with the other periodic reports.
HALF YEARLY RETURNS
All public companies are expected to file half-yearly returns in the prescribed format with the SEC containing the following information:
· General Information
· Corporate Governance Issues
· Financial Reporting
· Unclaimed Dividends
· Audit Committee
· Undertakings by the Company Secretary, Chief Internal Auditor, Financial Controller, Managing Director, Board Chairman and the Chairman of the Audit Committee certify the reliability of the information provided.
The returns must be made to the SEC within 30 days from the end of the half-year period either in hard copy or electronic copy.
UNCLAIMED DIVIDEND
All public companies shall file with the SEC in the prescribed form a report of unclaimed dividends on a half a yearly basis.
The company shall maintain segregated accounts for unclaimed dividend funds. The unclaimed dividends must be separated from cash balances and explanatory notes must be provided in the annual reports. The names of the managers and signatories to the segregated accounts must be furnished to the SEC in the prescribed form. Particulars of the qualification and experience of the managers of the fund must also be stated.
The SEC has powers to inspect the fund on a quarterly basis.
For further information and assistance on implementing these changes, kindly contact info@proshareng.com

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Angolan Stock Exchange equity research starts

Imara, the Pan-African financial services group, has recently announced the widening of its Africa-wide investment research programme through the launch of regular in-depth reports on Angola.

Imara has given an international investment industry lead by establishing a Luanda-based subsidiary, Imara Securities Angola, to ensure strong market positioning ahead of accelerating economic reform and plans for an Angolan stock exchange.

The planned exchange – the Bolsa de Valores e Derivativos de Angola or BVDA – is expected to open before year-end.

In the interim, chief executive of Imara Securities Angola, Anthony Lopes Pinto, is conducting investment research and is distributing detailed reports to Imara clients and potential investors in the USA, UK and Western Europe.

The first report, circulated in mid-April, considers the potential for an Angolan bourse and likely corporate candidates for an initial public offering. The report also looks at Angola’s oil revenues, currency developments, possible impacts of a recent IMF aid package and efforts to diversify the non-oil economy.

In-depth company-specific information is promised in upcoming reports.

Imara Group CEO Mark Tunmer noted: “Angola is a market of huge potential that excites growing investor interest in major centres such as London and New York.

“We therefore thought it advisable to widen our already extensive research coverage of African markets by opening a window on policy and corporate developments inside Angola.

“Our new Angolan subsidiary is close to official opinion and the corporate sector. Authoritative, first-hand information will assist international investors looking to widen their exposure to growth-focused sub-Saharan economies. Our reports address a major need and contribute to our competitive advantage in this exciting market.”

Imara already reports on a wide range of African economies and corporate sectors, notably in support of investment funds devoted to general African markets, the African resources sector and Nigerian, Zimbabwean and East African equities.

  • Botswana-registered Imara has offices and partners in Blantyre, Dubai, Edinburgh, Gaborone, Harare, Johannesburg, Lagos, London, Luanda, Lusaka, Mauritius, Nairobi and Windhoek. Activities include corporate advisory services, stockbroking and asset management.

ISSUED ON BEHALF OF:  IMARA

BY:     CLEAR DISTINCTION COMMUNICATIONS

IMARA CONTACT:   Mark Tunmer

Tel:  +27 11 550-6100

Mobile: +27 83 788 9037

Email: markt@imara.co.za

Anthony Lopes Pinto

Tel:  +244 222 372 029/36

Mobile:  + 2449 2164 7045 or +4478 5066 9576

Email: anthonyl@imara-angola.com

CONSULTANCY CONTACT:  Carol Dundas

Tel: +27 11 444-0650

Mobile: +27 83 447 6648

Email: carol@cleardistinction.co.za

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IR article to win Diageo Business Writing award?
I am pleased to announce that Ratio Magazine’s analysis of investor relations management in East Africa was nominated for Best Finance Feature at the Diageo Business Reporting Awards. It’s exactly a year ago that Andrea posted this article – re-published in its entirety below for your convenience.

If you want insightful business analysis writing on East Africa check out the Ratio Magazine website here.

Here is the article below:-

Kenya: Investor Relations Management: Practices in East Africa

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Wednesday, 20 May 2009
A government that turned to the stock exchange for privatisations, an automated trading platform that made trading much easier, widespread retail investor enthusiasm and international investor’s interest in ‘frontier markets’ – companies listed on the NSE never had so much attention as in recent years. But do they know how to communicate with their existing and prospective investors? In this three-part series, we discuss the practices and challenges of investor relations management in Kenya and the EAC.

One of Africa’s Largest
The Nairobi Stock Exchange (NSE) was formally founded in 1954, but really began back in the 1920s, when British businessmen in Kenya still wore hats and liked to swap stocks at the old Stanley Hotel. Trading at the NSE progressed languidly over the years, but the first Kibaki administration then used the NSE for a number of privatisations that also generated significant retail investor interest. And technological modernisation brought big investment changes to Kenya: Automatic trading introduced in 2006 nearly tripled annual turnover rates at the NSE, and a solid bull-run from 2004-08 has seen the entrance of unprecedented numbers of retail investors to the market. The number of equity trading deals on the NSE rose from 176,483 in 2005 to 890,542 in 2008. At the same time, international interest in emerging and frontier markets like Kenya has grown.

But despite so much focus on the NSE, public companies in Kenya have yet to understand how to relate well with their investors. Investor relations (IR) as a formal practice in Africa are largely unregulated and undefined. Investor relations practices encompass traditional public relations such as marketing, damage control and press coverage, but should go far beyond this: Publicly traded companies have the responsibility to communicate well with their shareholders and potential investors to ensure that investors have enough information to make educated investment decisions. Beyond these legal obligations, active engagement with its shareholders helps a company to build its brand and reputation. Good investor relations practices also surpass governance standards to include financial reporting and compliance. While investor relations are very well represented internationally, Kenya, like most countries in sub-Saharan Africa, falls markedly short of these standards.

In this series on investor relations management, we examine the state of the industry in East Africa, with a focus on Kenya. We look at governance, online communications, regulation, and the peculiar challenges facing the region.

Investor Relations Requirements in East Africa
The “Guidelines on Corporate Governance Practices by Public Listed Companies in Kenya”, published by the Capital Market Authority’s (CMA), is probably the only document approaching regulations in the IR area. These CMA guidelines include several points on shareholder participation:

  • The board must maintain an effective communications strategy to provide its shareholders with information on major decisions, disposal of company assets, restructuring, takeovers, mergers, acquisitions and reorganisation.
  • There must be public disclosure of any management or business agreements that pose a conflict of interest.
  • There must be an annual shareholder meeting, with expenses for attendance paid by the company.
  • Shareholders must have access to annual reports and audited accounts, and the company should make use of its website to provide this kind of information to shareholders.
  • The company should also encourage the establishment of a shareholders association.

Every public company is required to disclose a statement in its annual report outlining its compliance with these guidelines and best practices. However, it is not clear what kind of action would be taken against a company that does not comply, and to date, there is no evidence of regulatory sanctions from the NSE. Many of East Africa’s largest public companies include statements regarding corporate governance on their websites or in annual reports. But these statements are often rhetorical and rarely backed by evidence or appraisal of compliance.

Current Practices
A review of corporate websites and annual reports shows that on the whole, no company in East Africa has managed to adopt well balanced IR practices that incorporate a broad array of media including a website. Generally only one of the five points above is adhered to by all listed companies: holding an AGM, as this is required by law. Many companies do post company news, annual reports and audited accounts online, but there are no uniformly upheld standards of timeliness, accuracy or interactivity. Safaricom is the only public company in the region that has an investor relations department, which was established last year following the company’s colossal IPO.

Corporate websites provide some indications of current investor relations practices. Most, but not all listed companies in Kenya now maintain a website: An online check in early May 2009 shows that out of a total of 54 reviewed listed companies, 13 do not have a website, and one is not working. But even if the existing websites look good at first glance, a closer look reveals that the functionality is limited. And without an explicit statement of commitment to good IR practices, how does anyone know that the information posted online is correct and up to date? Investors and potential investors often cannot be certain, which adds to the popularity of online portals that distribute investment data purchased from the NSE. The result: Listed companies are out of the loop in communicating directly with their investment communities. The job is left to the NSE, brokers, data vendors and portals each with their own (profit-making) objectives. This is why listed companies often feel so powerless in dealing with negative press: It is costly and the very same media that roasted them have to be paid to publish an official response to the market.

Many of the companies traded on the NSE, Uganda Securities Exchange (USE), and Dar es Salaam Stock Exchange (DSE), are owned by international conglomerates who should, in principle, know better about IR. British American Tobacco, Stanbic Bank and Bank of Baroda all maintain impressive corporate websites with IR information for their home base countries, in the UK, South Africa and India, respectively. But these companies offer little insights into or East Africa-specific information and do little to woo investors in these markets.

Regional notables reveal a mixed performance, based on an informal review in early May:

  • East African Breweries, one of the largest companies traded on the NSE, USE and DSE, has a workable website with a specific section for IR offering annual reports, share prices, financial information, and contacts. However many details are out of date: the investor calendar is for 2007, only an extract of the annual report is shown, the share price page says “share price analysis not available at this time” and announcements and news posts a message “ please check later for updates to this section.
  • Kenya Commercial Bank (KCB), which also trades on the NSE, USE and DSE, posts financial reports online and maintains a media centre with news updates. However, the “investor relations” link simply leads back to the home page.
  • KenGen also offers a good amount of information on its website: press releases, AGM details, financial information including annual reports, contacts, and even an online complaint form. But the 2008 annual report is inaccessible to most as it is 15.5meg and the graph link is broken. The last press release is 11/9/2008 and no press brief downloads work.
  • Access Kenya has regular press releases posted on its site and an investor relations section with downloadable accounts, reports and IPO prospectus, and what looks like the intention to be a real time share price function – perhaps in the world of high speed broadband?
  • Uganda Clays, a relatively small company, makes the effort to post press releases on its website but offers no investor relations information or financial reporting.
  • The National Microfinance Bank of Tanzania, one of the largest companies trading on the DSE, offers its annual report and financial statements online in accordance (as the website dutifully states) with the Tanzania Companies Act of 2002.
  • One exception to the lack of localised information from conglomerates stands out: SAB Miller owns subsidiaries on six continents, including Tanzania Breweries, whose stock is traded on the DSE. SAB maintains country-specific investor information for each of its major subsidiaries on its corporate website. So an investor interested specifically in the Tanzanian market can find the annual report, with portions in the local language Swahili, and share price information specific to Tanzania Breweries all online.
  • The Tanzania Portland Cement Company, owned by the German multinational, Heidelberg Cement Corp, also publishes its annual report online with a full Swahili translation.

In the regional market, Safaricom faces some unique challenges: After going public in what was the largest IPO ever in eastern and central Africa, the company now has around 800,000 individual and 30,000 corporate shareholders. Safaricom has taken a more focused approach to proactively courting investors in retail, institutional, local and foreign markets. Suzanne Kilolo-Kedenge, IR manager for Safaricom, estimates less than 20% of Safaricom’s shareholders have access to the company’s website. As a consequence, Safaricom, one of the more proactive firms in communicating with its investors and the public, relies heavily on the media to communicate with its huge retail investor base. The company’s large shareholder base also means that the AGM becomes a logistical nightmare in itself.

Kenya: Investor Relations Management: Dealing with the Public
Kenya: Investor Relations Management: Perspectives

We gratefully acknowledge the support of Rob Stangroom for this article. Working for the African arm of the former Robert Fleming investment banking group, Rob Stangroom established the Malawi Stock Exchange as the first registered stockbroker and Secretary to the Malawi Stock Exchange. He has subsequently acted as lead advisor in five successful IPOs in sub-saharan Africa and in 2006 established African Information Solutions for Companies Online Limited (“African Is Cool”) a company established to use technology and international investor relations practices to ease the burden of strategic communications for listed companies in Africa. African Is Cool is actively involved in promoting transparency and investment into Africa through its free portalswww.africanfinancials.com and www.africanshareholder.com. African is Cool has nine listed company clients in four countries and sponsors the Green Annual Reports Initiative (GARI).

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2nd online investor relations newsletter launched

We launched our second online IR newsletter a few days ago. Its got some good stuff in. All original. I cover in depth investor relations practices in two markets, Zimbabwe and Kenya and have published two research documents on this. Both research documents have statistics on online investor relations practices in 11 African countries. That’s not the core message though. The core message is that these African markets need visionary solutions. Where is the vision? Why don’t we have access to information like this WFE newsletter here? Its all about the need to concentrate on the basics.

The best part about the newsletter is Dilbert.

Let me ask you one question: if God were to appoint one set of people to take up the reigns of bringing good investor relations practices to Africa who should it be?. You can only give one answer:

  • - the regulators
  • - listed companies
  • - investors /  pressure
  • - the politicians

Read our second edition of the African Online IR Newsletter here.

Subscribe to my blog articles by email here.

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Econet Wireless releases updated factsheet

Econet Wireless Zimbabwe Limited released its updated investor factsheet as at 10 May 2010 recently. The next issue will be in November after the release of their interim financial results to 31 August 2010. The factsheet is also available on their investor relations website under ‘Downloads‘ or by following the link below:

Investor fact sheets are an ideal quick info tool for new investors to get an overall view of a company’s investment profile. We usually update them after the release of interim results which typically are once every 6 months.

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Dominic Jones interview

This is a great read. Old but still applicable. Access the article here. An extract appears below.

In the USA a big barrier to online communications is the near monopolies that the large vendors have. In Africa, its the absence of awareness by listed companies and regulators with the latter category being more complicit in my mind. An abstract of the article appears below.

Me:  Job Description’s for IR roles typically have had an emphasis on a financial & accounting background. IR Web Report makes it clear that a new critical string to the bow is understanding how to communicate online effectively. If you were CEO of a listed company and had to choose between an applicant with a financial background and an online media specialist who would you choose and why?

Dominic Jones: Ideally, I’d hire both if I couldn’t get their skills in one person, but since I have to choose I would hire the one with the online communication skills because that is the future and big investors prefer to speak to management rather than the IR staff anyway. The person with the finance-only background rarely is able to reduce demand from investors for time with executives. They often are there to run interference for the executives, but I’m not sure that helps the company.

The person with the online communication skills can reduce demand on executives’ time by using technology to broaden access to management. We are seeing dramatic changes to the investment research industry and the fund management business. There are going to be more and more smaller research shops and more research will be done internally by the buy-side. And all of these people are going to be seeking access to management. Without new ways to provide access, the demands on management’s time will be intolerable.

Dominic’s contacts are listed below:-

Skype: irwebreport
Web: http://irwebreport.com
Blog: http://investorrelationsblog.org/
LinkedIn: http://www.linkedin.com/in/dominicjones
Facebook: http://irwebreport.socialtoo.com
Twitter: http://twitter.com/irwebreport
FriendFeed: http://friendfeed.com/irwebreport

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A solution for Zimbabwe’s lost shareholders
I have blogged previously about the predicament that Zimbabwe listed companies are in regarding their meaningless shareholders here.
Someone suggested that an odd lot offer would be a solution.
The majority of the share prices in Zimbabwe are less than 1 US cent. The values of an odd lot offer would be so small that the denominations to settle any trade in cash would not be small enough. Also the costs of collection or distribution would far outweigh the benefit of the proceeds. The performance of these shares is not going to increase by 10,000% either. Is there a legal basis upon which to cancel shares on the basis that they are not economically viable to either listed company or investor?
Lawyers out there?
One idea is to offer to consolidate all small odd lots into a single shareholding which shareholding is set aside for sale and the proceeds donated to charity. The advantage to a listed company is the net present value of all future communications with the meaningless shareholder is avoided. The advantage to the shareholder is that its one less meaningless thing to worry about. Avoid any settlement altogether.

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Kenyan legislation drafts for your review

Please find attached the Kenya Companies Bill 2008 and Continuing Disclosure Obligations of listed companies in Kenya. Click on the links.

The Kenya Companies Bill 2008; which is the draft Companies Act. It is intended that upon passing into law, it will replace the existing Companies Act (Cap 486). You will note that it has several provisions regarding sending of resolutions by electronic means; sending of documents relating to meetings in electronic form; power to require delivery of information by electronic means and general provisions relating to electronic communications.

The Draft Securities Industry (Continuing Disclosure Obligations of Issuers) Regulations 2009; which spells out disclosure obligations for Issuers whose securities are publicly issued or are listed in a Securities Exchange. The draft Regulations do not specifically provide for the mode of submission of documents, electronic or otherwise.

More on this later.


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Interesting Zimbabwe economic insight

Here is a presentation that provides a rare detailed insight into the state of the Zimbabwe economy:-

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Kenyan shareholder communications needs urgent attention

We have sent this IR research note to a broad array of stakeholders in Kenya’s capital markets:-

Kenya IR report
The document may be read online here. The regulatory framework in Kenya’s capital markets is rapidly evolving. The core issue: by placing the obligation of investors to locate shareholder communications the regulator’s core mandate, that of investor protection, is weakened.

Let me clarify here that the core issue is the replacement of hardcopy shareholder communications with something that is better not equal or worse. At the moment the regulators in Kenya have permitted generic shareholder communications publication in the press. This may be OK for the majority of shareholder communications but what about those corporate actions where the shareholder vote relies so much on the shareholder proxy material? In those situations where a direct link with the voters is vital because the majority shareholder is conflicted out? What about those shareholders with no access to the press or the internet?

A number of structural distortions have emerged from Kenyan listed companies’ attitudes in this unclear regulatory environment. One is fixation in the avoidance of incurring costs in implementing effective shareholder communications. This is a facade and an indication of the absence of awareness at Board level (and at a regulatory level) of how technology can be used to make the shareholder communications function a profitable one.

Another distortion is the attitude that retail shareholder interaction should be avoided. The recent developments in online share registry access is an extremely welcome development but company attitudes are as follows:-

  • Access thereto is a shareholder choice – so the shareholder must pay for it. It should be mandatory and free.
  • Some investors dont have access to the Internet so its not worth the investment
  • A single channel of communication is sufficient – e.g. publication in the press
  • The option for investors to opt in to receive hardcopy communications will not be provided

The Government of Kenya created Kenya’s large shareholder base as it was a political imperative. The Government of Kenya still has  a significant residual interest in the shareholdings of large Kenyan companies – Safaricom being one. The Government of Kenya should take some responsibility to ensure that the shareholders they have created have easy access to communications governance channels.

Fixation on cost reduction and reticence to consider solutions to actively engage shareholders, will, in the long run increase inherent market risk. Kenya is in a unique position to resolve this issue using precedent and innovation. The evidence is thus:-

  • payment platforms e.g MPESA are already being used to pay dividends – for Safaricom, Kenya’s largest listed company and owner of MPESA, every shareholder is an MPESA customer
  • a growing internet penetration rate
  • a high mobile penetration rate – Safaricom has 13 millions subscribers – a free app to allow opt in to receive corporate announcements or “notice and access” announcements would be SO EASY to do. At the moment they SMS blast anyone who registered at IPO not necessarily identified sharehoders.
  • a significant critical mass in shareholder numbers which should motivate some long term investment into serving them
  • a stock exchange that is itself about to become a publicly owned entity – how is the NSE going to set the standards of communication?

If anyone should be leading the way in online shareholder communications it should be Safaricom and the NSE. Their shareholder base was created through Government policy. Their shareholder base is a natural customer target (a strategic asset) and they have the technology and budget to create a World class integrated shareholder communications platform.  When the requirement to post hardcopy annual reports to shareholders was dropped Safaricom avoided say, over US$2m in annual printing and distribution costs. A small proportion of this could be applied to technologies (already existing ones) to engage shareholders directly. At the moment their share registrars do not have an online shareholder communications platform (but the CDS and Custody and Share Registrars do).

Everything is lined up in Kenya – all that is required is for someone to focus on the basics. The rest will come.

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