East African Community Cross-Border Bond Offerings
REGIONAL FIXED INCOME SECURITIES REQUIREMENTS
A fixed income security approved for issue in more than one East African Community Partner State jurisdiction. Issuer elects a PRIMARY jurisdiction for lodging prospectus.
Entity incorporated or registered as a foreign entity in ALL jurisdictions where offer is to be made. Includes sovereign borrowers, quasi-sovereign borrowers, and treaty organizations.
Minimum Share Capital
Local currency equivalent of USD 850,000 (applies to companies; exempt for sovereigns/quasi-sovereigns/treaty organizations)
Local currency equivalent of USD 1,700,000 (exempt for sovereigns/quasi-sovereigns/treaty organizations)
Profitability Requirement
Profits in at least 2 of previous 3 years (except SPVs and with regulator discretion for justifiable declines)
Local currency equivalent of USD 850,000
Issuer may secure credit enhancement. Guarantor must be a licensed bank, non-bank financial institution, or recognized international financial institution. Letter of no-objection required from credit enhancers primary regulator.
MANDATORY: Valid credit rating for entire life of issue from recognized agency. Rating not a recommendation; cautionary statement required.
Currency and Denomination
Determined by issuer, subject to prevailing policy. Funds may be raised in any jurisdiction without restriction on where proceeds are used.
Financial Disclosure
IFRS audited accounts for last 3 years (not more than 6 months old at offer); supported by management accounts if older. Cashflow projections covering at least 3 years from issue date.
Professional Parties
Must appoint: Transaction Adviser/Sponsoring Stockbroker/Placing Agent licensed in at least one EAC Partner State with affiliates in all regional jurisdictions; Reporting Accountant; Legal Adviser. (May be exempted for offers to institutional/sophisticated/professional investors only)
Mandatory for all regional offers to the public or a section of the public
All regional fixed income securities must be deposited at a central depository established under written law in any Partner State
Continuing Obligations
Comply with disclosure obligations in ALL jurisdictions where capital raised. Updates on rating reports, interim financial reporting, audited financial reports must be provided simultaneously to all investors.