Capital Markets Authority-Executive Bylaws - CMA

Navigation

  • Skip to Content
Unlicensed Entities
logo

  • CMA Portal
  • عـربـي
  • Ifsah Portal

Navigation

  • Home
    • Resolutions and Circulars
    • Announcements and Press Releases
    • CMA Law
    • Executive Bylaw
    • Forms
    • Reports and Complaints
    • Annual Reports
    • Strategic Reports
  • About CMA
    • Mission
    • Vision
    • Institutional Values
    • CMA Objectives
    • Code Of Ethics
    • CMA Board of Commissioners
    • Employment
    • Chairman Message
    • Organizational Structure
  • Awareness
    • Suggestions
    • Publications
    • National Project
    • Events
    • List Of Licensed Companies
    • External Audit Offices
    • List Of Registered Auditors
    • Local and Gulf Unlicensed Entities
    • Persons Restricted from Practicing Securities Activities or Registered Positions and Employment Positions
    • Workshops
    • Facilitating the opening of investment accounts Initiative
    • CMA Radio
    • FAQ
  • Media Center
    • List of Investment Funds
    • List Of Agreements
    • CMA Gallery
    • Media Appearances
    • Press Releases
    • Kuwait's Exchange Privatization Journey
  • International Organizations
  • Fintech
    • Introduction to Financial Technology
    • Securities-based Crowdfunding
    • Digital Financial Advisory
    • Initial Implementation Phase
    • List of Companies Registered in the Fintech Services Register
    • Digital Library
    • Contact the Fintech Unit
  • CMA Portal
  • Ifsah Portal

CmaAdvanceSearch



Navigation

  • Home
    • Resolutions and Circulars
    • Announcements and Press Releases
    • CMA Law
    • Executive Bylaw
    • Forms
    • Reports and Complaints
    • Annual Reports
    • Strategic Reports
  • About CMA
    • Mission
    • Vision
    • Institutional Values
    • CMA Objectives
    • Code Of Ethics
    • CMA Board of Commissioners
    • Employment
    • Chairman Message
    • Organizational Structure
  • Awareness
    • Suggestions
    • Publications
    • National Project
    • Events
    • List Of Licensed Companies
    • External Audit Offices
    • List Of Registered Auditors
    • Local and Gulf Unlicensed Entities
    • Persons Restricted from Practicing Securities Activities or Registered Positions and Employment Positions
    • Workshops
    • Facilitating the opening of investment accounts Initiative
    • CMA Radio
    • FAQ
  • Media Center
    • List of Investment Funds
    • List Of Agreements
    • CMA Gallery
    • Media Appearances
    • Press Releases
    • Kuwait's Exchange Privatization Journey
  • International Organizations
  • Fintech
    • Introduction to Financial Technology
    • Securities-based Crowdfunding
    • Digital Financial Advisory
    • Initial Implementation Phase
    • List of Companies Registered in the Fintech Services Register
    • Digital Library
    • Contact the Fintech Unit
عـربـي

Executive Bylaws - CMA

CmaBylaw

Executive Bylaws

A+| A-
Back
  • February 17
  • Prev
  • Next
3-5-1 Of Module Nine: Mergers and Acquisitions
Section: Chapter Three: Acquisitions
  • Thursday, 09 February 2017

    A Person who acquires, directly or indirectly, more than 30% of the Securities admitted to trading of a Listed Shareholding Company shall within thirty days from the date of acquisition submit an offer to purchase all the remaining Shares traded in the exchange as per the conditions set in these Bylaws.The following cases shall be exempt from this provision: 1. Acquisition in consideration of the public interest and in the interest of the remaining shareholders. In the event that the Authority issues such exemption, the decision shall be in writing and includes the reasons for such exemption. 2. Obtaining the stated percentage when a company increases its capital and some shareholders refrain from subscription. 3. Obtaining the stated percentage because of debt restructure. 4. Obtaining the stated percentage because of inheritance, will, or court judgment. In such case, the Person shall comply with this article within no more than two years as from the increase. 5. Obtaining the referred percentage during a privatization of a Listed Company and during the privatization period. 6. If a Person’s ownership exceeds the percentage stated as a result of the Listed Company’s returning and cancelling Treasury Shares that would lead to an increase in the percentage ownership of one of the shareholders to become more than 30 % of the Shares traded in the Listed Company. 7. Obtaining the percentage referred to as a result of transferring shares of a Listed Company between companies form a single Group; provided that the company which obtained such percentage shall remain within the investment Group. Ownership transfer shall be executed as an off market transaction, and it shall be regarded among the cases excluded from trading through such system. 8. If a Person obtaines the stated percentage as a result of a Merger. 9. Obtaining the percentage referred to as a result of executing the Shares in fulfilment of a debt or obtaining them as a result of settling debts of financial institutions in kind through transferring ownership of the pledged Shares. 10. Obtaining the percentage referred to without any Control, whether directly or indirectly, over the Board of Directors and without practicing the voting rights arising out of such percentage; provided that it shall be recorded in the shareholders’ register of the Issuer Company. This exemption will not be granted if an owner of such percentage practices its voting rights or if he Controls the Board of Directors directly or indirectly. The Clearing Agency shall notify the Authority in the event that voting rights on such percentage are exercised. 11. Obtaining the percentage referred to by one of the Financial Institutions which guarantee underwriting the shares of the Listed Company. 12. Obtaining the percentage stated as a result of the transfer of shares between Relatives. 13. In the event of objection by one of the Regulatory Bodies on which any of the parties of acquisition are subject to. 14. Obtaining the percentage referred to as a result of practicing the activity of Market Maker; provided that such percentage shall not be used in voting at the company’s general assemblies, authorizing a third party to vote, or using it to appoint Members of a Board of Directors or affecting such company’s resolutions. 15. Obtaining the percentage referred to by governmental bodies to secure the public interest and the interests of shareholder; provided that the voting rights of the percentage exceeding 30% of the traded Securities shall not be exercised and that this be recorded in the shareholders’ register of the Issuer Company. This exemption shall not be granted if the governmental bodies exercise voting rights of a percentage exceeding 30% of the traded Securities. The Clearing Agency shall notify the Authority in the event that such voting rights are exercised. 16. Such other cases as provided for in rules and regulations issued by the Authority.

Share & Print


  • Share
  • Print

Related pages - By Law

Related Pages

  • Law

CmaSideNavigation

In this section

  • Home
  • About CMA
  • Awareness
  • Media Center
  • International Organizations
  • Fintech
CMA Automated Assistant

We use cookies to ensure you get the best experience on our website.

Footer - Links

  • Privacy Policy
  • Publishing Policy
  • Site Map
  • Contact Us

Footer - Copyrights

Footer - Useful Links

Useful Links

  • International Organization of Securities Commissions (IOSCO)
  • Boursa Kuwait
  • Central Bank of Kuwait
  • Kuwait Investment Authority
  • Kuwait Government Online
  • Kuwait Clearing Company

Footer - Contact Us

Contact Us

Email:pr-media@cma.gov.kw

Phone:1888898

Fax:+965 22903500

Postal Address:P.O.Box 3913, Safat 13040, Kuwait

Address:Kuwait City, Al-Shahuda Street, Al-Hamra Tower, 20th Floor

Footer - Social Media

Copyright © 2024 Capital market authority. All Rights Reserved