In this Act, unless the context otherwise requires
"Authority"
means the Uganda Microfinance Regulatory Authority established by section
6
;
"Board"
means the Board of directors of the Authority;
"capital"
means paid-in shares, reserves and profits or unappropriated surplus;
"Central Financing Facility"
means a mechanism established on a co-operative basis in order to facilitate the financial stability of member SACCOs;
"chattels transfer"
means a letter of hypothecation or a hire-purchase agreement;
"committee"
means the governing body of a SACCO to which the management of its affairs is entrusted and includes a Board of directors of the SACCO;
"compulsory savings"
means a sum of money that is obligatory for a borrower to deposit with a microfinance institution as a condition for receiving a loan or as collateral for a loan either as a percentage of the loan or as a nominal amount;
"core capital"
means shareholders' equity in the form of issued and fully paid-up shares including retained reserves approved by the Authority;
"currency point"
has the value assigned to it in Schedule 1;
"customer protection"
includes appropriate product design, avoidance of over indebtedness, transparency in pricing, responsible pricing, avoidance of unethical behaviour in debt collection, confidentiality of client data and establishing a complaints handling system;
"equity"
means shares, reserves, retained surplus, donations and grants;
"financial services"
means-
(a)
in the case of a SACCO, accepting savings from and providing loans to members;
(b)
in the case of a non deposit taking microfinance institution, providing micro loans to individuals, small and medium sized businesses;
"firm"
means an unincorporate body of two or more individuals, or one or more individuals and one or more corporations, or two or more corporations, who have entered into partnership with one another with a view to carrying on business for profit;
"Fund"
means the SACCO Stabilisation Fund established under section
54
;
"institution"
means a tier 4 microfinance institution;
"Islamic contract"
means a contract which complies with the Shari'ah and satisfies the conditions specified by the Authority;
"Islamic microfinance business"
means the business of engaging in microfinance activities in accordance with Shari'ah and includes-
(a)
the business of receiving property into profit sharing investment accounts or of managing such accounts;
(b)
the business of providing finance through the acquisition, disposal or leasing of assets or other services which have a similar economic effect or are otherwise economically equivalent to any other microfinance business; or
(c)
any other microfinance business which involves or is intended to involve the entry into one or more islamic contracts, or which is otherwise carried out or purported to be carried out in accordance with the Shari'ah;
"liquid assets"
includes cash at hand, cash in bank, mobile money float, short term government securities and savings with other institutions;
"micro loan"
means a loan of an amount not exceeding-
(a)
one percent of the core capital of the non deposit taking microfinance institutions for an individual borrower; or
(b)
five percent of the core capital of the non deposit taking microfinance institutions total capital for the group borrower;
"microfinance activities"
means extending micro-loans, accepting savings and providing other financial services as provided for in this Act;
"Minister"
means the Minister responsible for finance;
"moneylender"
means a company licensed under section
79
;
"non deposit taking microfinance institution"
means a company or non-governmental organisation licensed under section
62
;
"principal"
in relation to a loan, means the amount lent to the borrower;
"Registrar"
means the Registrar of Cooperatives within the meaning of the Cooperative Societies Act;
"registered society"
means a cooperative society registered under the Cooperative Societies Act;
"responsible officer"
means the Community Development Officer of a district;
"Savings and Credit Cooperative"
or "SACCO" means a registered society licensed under section
40
;
"savings account"
means a record of balance held by a tier 4 microfinance institution and owned by a member, which constitutes a liability owed by the tier 4 microfinance institution to the member;
"SACCO Savings Protection Fund"
means a SACCO Savings Protection Fund established under section
57
;
"share capital"
means members' equity in the form of issued and fully paid up shares of common stock;
"Shari'ah advisor"
means a person appointed by the tier 4 microfinance institution in accordance with this Act to advise, approve and review activities of islamic microfinance business in order to ensure that the institution complies with the Shari'ah;
"significant shareholder"
means a person who holds more than five percent of the shares of an institution regulated under this Act;
"tier 4 microfinance institution"
means an institution specified in section
4
; and
"voluntary savings"
means a sum of money that is deposited by a person with a microfinance institution that can be withdrawn on demand or at an agreeable future date.