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Wakilii

Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations

Statutory Instrument 68 of 2012 Current version · as at 21 December 2012
Enacted2012
Commenced21 December 2012
Last amended
Point-in-time consolidation · as at 21 December 2012. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

3 parts · 19 sections · 8 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations

Commenced on 21 December 2012

[This is the version of this document at 21 December 2012.]

Part I

1. Title

The text of this section isn't in the consolidation we hold — see the original PDF above.

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What this section does
Governing rule

This section states the governing statutory rule for “Title”.

“Title”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Title”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Interpretation

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“Interpretation”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part I

1. Title

These Regulations may be cited as the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations, 2012.

2. Interpretation

In these Regulations unless the context otherwise requires-

"Act" means the Uganda Retirement Benefits Regulatory Authority Act, 2011;

'Authority" has the meaning given to it under the Act;

"board of trustees" means the board of trustees of a retirement benefits scheme;

corporate trustee means a legal entity which performs the function of a trustee of a retirement benefits scheme;

"currency point" has the value given to it in Schedule 1;

"licence" means a licence issued in accordance with the Act and these Regulations;

"sponsor" has the meaning given to it under the Act;

"trustee" has the meaning given to it under the Act.

Part II

3. Application for licence of trustee

An application for a licence of a trustee of a retirement benefits scheme shall be in the form prescribed in Schedule 2 and shall state__

(a)

the name and physical address of the applicant;

(b)

the citizenship of the applicant;

(c)

where the applicant is a corporate trustee-

(i)

the date of incorporation of the applicant; and

(ii)

the names and qualifications of the directors of the corporate trustee;

(d)

the applicant's ability to perform the functions of a trustee;

(e)

the physical address of a place in Uganda for the service on the applicant of any notice or document required or authorised to be served on the applicant under the Act or these Regulations and the physical address or addresses of the applicant over a period of the last five years; (

(f)

whether at the date of the application, the applicant has been convicted in or is subject to any pending or present criminal proceedings;

(g)

whether the applicant is the subject of any insolvency or bankruptcy proceedings in any country; and

(h)

any other information that the Authority may require for the purpose of determining the application.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for licence of trustee” applies.

“An application for a licence of a trustee of a retirement benefits scheme shall be in the form prescribed in Schedule 2 and shall state__”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (a) the name and physical address of the applicant;
  2. (b) the citizenship of the applicant;
  3. (c) where the applicant is a corporate trustee-
  4. (i) the date of incorporation of the applicant; and
  5. (ii) the names and qualifications of the directors of the corporate trustee;
  6. (d) the applicant's ability to perform the functions of a trustee;
  7. (e) the physical address of a place in Uganda for the service on the applicant of any notice or document required or authorised to be served on the applicant under the Act or these Regulations and the physical address or addresses of the applicant over a period of the last five years; (
  8. (f) whether at the date of the application, the applicant has been convicted in or is subject to any pending or present criminal proceedings;

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Mode of application
(1)

An application for a licence of a trustee of a retirement benefits scheme shall be accompanied by-

(a)

the prescribed fee;

(b)

a certified copy of the certificate of incorporation in case of a corporate trustee;

(c)

a certified copy of the memorandum and articles of association in case of a corporate trustee;

(d)

a statutory declaration sworn by the applicant verifying the facts set forth in the application; and

(e)

certified copies of certificates or any other documents which the applicant may submit as evidence of qualifications, professional skills and experience relevant for performing the functions of a trustee.

(2)

An applicant shall be notified of the decision of the Authority within ninety days from the date of receipt of the application.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Mode of application” applies.

“(1) An application for a licence of a trustee of a retirement benefits scheme shall be accompanied by-”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) An application for a licence of a trustee of a retirement benefits scheme shall be accompanied by-
  2. (a) the prescribed fee;
  3. (b) a certified copy of the certificate of incorporation in case of a corporate trustee;
  4. (c) a certified copy of the memorandum and articles of association in case of a corporate trustee;
  5. (d) a statutory declaration sworn by the applicant verifying the facts set forth in the application; and
  6. (e) certified copies of certificates or any other documents which the applicant may submit as evidence of qualifications, professional skills and experience relevant for performing the functions of a trustee.
  7. (2) An applicant shall be notified of the decision of the Authority within ninety days from the date of receipt of the application.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
5. Grant of licence or refusal to grant licence of trustee
(1)

The Authority may grant a licence to an applicant who complies ith the requirements of the Act and these Regulations.

(2)

A licence to act as a trustee of a retirement benefits scheme shall be in the form prescribed in Schedule 3.

(3)

The Authority may, in granting a licence, attach such conditions to the licence as it may deem necessary.

(4)

Where the Authority refuses to grant a licence to an applicant the Authority shall notify the applicant of its decision and specify the reasons for the refusal.

(5)

The notice referred to under sub-regulation (4) shall be in the form prescribed in Schedule 4.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Grant of licence or refusal to grant licence of trustee”.

“(1) The Authority may grant a licence to an applicant who complies ith the requirements of the Act and these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) The Authority may grant a licence to an applicant who complies ith the requirements of the Act and these Regulations.
  2. (2) A licence to act as a trustee of a retirement benefits scheme shall be in the form prescribed in Schedule 3.
  3. (3) The Authority may, in granting a licence, attach such conditions to the licence as it may deem necessary.
  4. (4) Where the Authority refuses to grant a licence to an applicant the Authority shall notify the applicant of its decision and specify the reasons for the refusal.
  5. (5) The notice referred to under sub-regulation (4) shall be in the form prescribed in Schedule 4.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Licence fee of trustee
(1)

The applicant shall pay to the Authority a prescribed licence fee.

(2)

The licence fee shall become due and payable by a successful applicant within thirty days after notification of the decision to grant a licence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Licence fee of trustee”.

“(1) The applicant shall pay to the Authority a prescribed licence fee.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The applicant shall pay to the Authority a prescribed licence fee.
  2. (2) The licence fee shall become due and payable by a successful applicant within thirty days after notification of the decision to grant a licence.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. *Validity display and renewal of licence of trustee
(1)

A licence issued to a trustee shall be valid for one year and may be renewed upon payment of the prescribed fee. (2) A trustee shall at all times, display a valid licence in a conspicuous place at the registered office of the trustee, and copies of the licence shall be similarly displayed in a conspicuous place at each of the trustee's branch offices.

(3)

An application for the renewal of a licence shall be in the form prescribed in Schedule 5 and shall be accompanied by the prescribed fee.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “*Validity display and renewal of licence of trustee”.

“(1) A licence issued to a trustee shall be valid for one year and may be renewed upon payment of the prescribed fee. (2) A trustee shall at all times, display a valid licence in a conspicuous place at the registered office of the trustee, and copies of the licence shall be similarly displayed in a conspicuous place at each of the trustee's branch offices.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A licence issued to a trustee shall be valid for one year and may be renewed upon payment of the prescribed fee. (2) A trustee shall at all times, display a valid licence in a conspicuous place at the registered office of the trustee, and copies of the licence shall be similarly displayed in a conspicuous place at each of the trustee's branch offices.
  2. (3) An application for the renewal of a licence shall be in the form prescribed in Schedule 5 and shall be accompanied by the prescribed fee.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Revocation of licence of trustee
(1)

The Authority may revoke the licence of a trustee in accordance with section 45 of the Act.

(2)

The notice referred to under section 45(2) of the Act shall be in the form prescribed in Schedule 6.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Revocation of licence of trustee”.

“(1) The Authority may revoke the licence of a trustee in accordance with section 45 of the Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Authority may revoke the licence of a trustee in accordance with section 45 of the Act.
  2. (2) The notice referred to under section 45(2) of the Act shall be in the form prescribed in Schedule 6.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Guidelines
(1)

The Authority shall issue guidelines to ensure compliance with the provisions of the Act and these Regulations.

(2)

Where the Authority has reasonable cause to believe that a trustee is not complying with the guidelines issued in accordance with the Act and these Regulations, the Authority shall issue a notice in the form prescribed in Schedule 7 requiring the trustee to comply with the guidelines of the Authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Guidelines”.

“(1) The Authority shall issue guidelines to ensure compliance with the provisions of the Act and these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Authority shall issue guidelines to ensure compliance with the provisions of the Act and these Regulations.
  2. (2) Where the Authority has reasonable cause to believe that a trustee is not complying with the guidelines issued in accordance with the Act and these Regulations, the Authority shall issue a notice in the form prescribed in Schedule 7 requiring the trustee to comply with the guidelines of the Authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Penalty

A trustee who contravenes any provision in these Regulations commits an offence and is liable to a penalty equivalent to seventy five currency points and in case of continuing contravention, fifty currency points for each day that the offence continues.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Penalty”.

“A trustee who contravenes any provision in these Regulations commits an offence and is liable to a penalty equivalent to seventy five currency points and in case of continuing contravention, fifty currency points for each day that the offence continues.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
11. Fees

The fees payable under these Regulations are prescribed in Schedule 8.

Regulation

THE UGANDA RETIREMENTS BENEFITS AUTHORITY ACT, 2011. ACT No. 15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012.

CURRENCY POINT

One currency point is equivalent to twenty thousand shilling

Regulation 3(2) AUTHORITY ACT, 2011, ACT No. 15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012.

APPLICATION FOR LICENCE OF A TRUSTEE OF A RETIREMENT BENEFITS SCHEME )(Under regulation 3 of the Uganda Retirement Benefits Regulatory Authority ■(Licensing of Trustees) Regulations, 2012) Provide the following-

A. PARTICULARS OF APPLICANT. (i) Name of applicant:............................................................................................ (ii) Date and place of incorporation:.................................................................... (iii) Tax Identification Number:.............................................................................. (iv) Physical address of principal place at which the business of the applicant is to be carried on:.......................................................................................... Telephone: ........................................................................................................ Fax: ..................................................................................................................... Email:.................................................................................................................. (v) Citizenship:........................................................................................................

B. MANAGEMENT.

(i)

Particulars of Directors of corporate trustee. (Appendix A)

(ii)

Particulars of the Key officer of corporate trustee (Appendix B)

(iii)

Bankers and Auditors (Appendix C)

(iv)

List the retirement benefits schemes the trustee has provided trustee services to within the period of three years ending as at the date of application. (Incase of insufficient space provide separate attachment).

C. ATTACHMENTS. Please attach the following where applicable- (i) certified copies of latest audited report and accounts: (ii) certified copies of certificate of incorporation ( if applicant is a boc • corporate); (iii) certified copies of memos and articles of incorporation (if applicant is 2 body corporate); (iv) evidence of the ability of the applicant to perform the functions of a trustee; and ( (v) a statutory declaration supporting the application. I am aware of the provisions of section 45 (1) (a) of the Act relating to false statements made in relation to the application.

I hereby declare that the information contained herein and the documents submitted herewith are true and accurate to the best of my knowledge and belief.

Signed on this............. day of...........................................

Signature:.............................................................

Full name:...........................................................

Designation:........................................................

Signature:.............................................................

Full name:..........................................................

Designation:........................................................

Signature:.............................................................

Full name:..........................................................

Designation:........................................................

APPENDIX A

PARTICULARS OF DIRECTORS OF TRUSTEE

Name of Scheme:.......................................................................................................

------- :-------------- ----------"

Who do the Physical Date of Trustees Trustees Citizenship Occupation Address Appointment represent on the Board

9

State against each Trustee whether they have been convicted of a criminal offence giving the date and particulars of the offence.

1..............................................................................................................

APPENDIX B

PARTICULARS OF KEY OFFICERS OF THE CORPORATE TRUSTEE

Name of Corporate Trustee:........................................................................................

Date of Academic and Permanent Name Designation Nationality Appoint- professional Address ■ went qualifications

APPENDIX C

PARTICULARS OF AUDITORS AND BANKERS

Name of Trustee:...........................................................................................................

Tax Postal, Affiliated Name of Identification Telephone and Professional firm/institution Number fax address body Auditors

Bankers

Regulation 5(2)

AUTHORITY ACT, 2011, ACT No. 15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012.

LICENCE OF A TRUSTEE OF A RETIREMENT BENEFITS SCHEME (Under regulation 5(2) of the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations, 2012)

LICENCE No.....................

This is to certify that....................................................................................... (trustee) is licensed and authorised to perform the functions of a trustee of a retirement benefits schemes subject to the provisions of the Uganda Retirement Benefits Regulatory' Authority Act. 2011, the regulations made under the Act and the conditions endorsed hereon.

CONDITIONS.

Gi\en under my hand and seal of the Uganda Retirement Benefits Regulatory' Authority this............ day of....................

Chairperson.

Chief Executive Officer.

Secretary to the Board.

Regulation 5(5)

AUTHORITY ACT, 2011, ACT No. 15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012.

NOTICE OF REFUSAL TO GRANT LICENCE OF A TRUSTEE (Under regulation 5(5)of the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations, 2012.

TAKE NOTICE that upon consideration of your application for a licence as a Trustee of a Retirement Benefits Scheme in accordance with the provisions of the Uganda Retirement Benefits Regulatory Authority Act. 2011, and the regulations made under the Act, the Authority has found your application unsuccessful and consequently refused to license you due to the following reasons:-

Yours faithfully,

Chief Executive Officer, Uganda Retirement Benefits Regulatory Authority.

Regulation 7 1

AUTHORITY ACT. 2011. ACT No.15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012.

APPLICATION FOR RENEWAL OF LICENCE OF A TRUSTEE. (Under regulation 7(2) of the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustee) Regulations, 2012)

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Fees”.

“The fees payable under these Regulations are prescribed in Schedule 8.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (i) Particulars of Directors of corporate trustee. (Appendix A)
  2. (ii) Particulars of the Key officer of corporate trustee (Appendix B)
  3. (iii) Bankers and Auditors (Appendix C)
  4. (iv) List the retirement benefits schemes the trustee has provided trustee services to within the period of three years ending as at the date of application. (Incase of insufficient space provide separate attachment).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. Application is made for the renewal of a licence for

a trustee and the following statements are made in respect of the applicant-

(a)

applicant's name:...................................................................................

(b)

licence No:............................................................................................

(c)

expiry date of licence:..........................................................................

2. Please complete the following-(Answer "Yes" or "No" in space

provided. If "*Yes' attach annexture giving all relevant particulars.)

(a)

Since the last application-

(i)

Has there been a change in the applicant's key officers?

(ii)

Has the applicant or the applicant's key officers been suspended from membership <3f any professional body?

(iii)

Has the applicant been a trustee of any retirement benefits scheme other than that/those referred to in the last application? •

(iv)

Has the applicant taken any disciplinary action against any of its representatives?

(v)

Has the applicant received any complaint against any of its representatives?..........................................................................

(vi)

Has the applicant undertaken to conduct any material new trustee function?.........................................................................

If so, state the nature of the function.........................................

(b)

Please furnish details of any other event which has occurred which is likely to have a significant effect on the applicant's functions during the currency of the licence if granted (including any legal claim against the applicant.)

3. Since the last application, has any of

the applicant's key officers (Answer "Yes" or "No" in space provided. If "Yes" attach annexture giving all relevant particulars.)

(a)

been suspended from membership of any professional body? (b) been convicted of any offence other than a traffic offence in Uganda or elsewhere or are there any proceedings now pending which may lead to such a conviction?

(c)

had judgment including findings in relation to fraud, misrepresentation or dishonesty given against the key officer in any civil proceedings, in Uganda or elsewhere? (If "Yes': using an annexture, give full details, including whether judgment is unsatisfied.)

(d)

been declared bankrupt or compounded with or made an arrangement for the benefit of his or her creditors in Uganda or elsewhere?............................................................................................

(e)

been engaged as a trustee of any retirement benefits scheme other than one referred to in the last application?

(f)

undertaken to conduct any new trusted function? If so. state the nature of the fuction............................ L............................

(g)

been disciplined by any professional body or other membership body?

4. I am/We *are aware of

the provisions of section 45(1) (a) of the Uganda Retirement Benefits Regulatory' Authority Act, 2011, relating to false statements in applications.

5. I/We declare that all information given

in this application and in the * attached annexture (if any) is true and correct.

Made this...........................day of.

Signature: ...................................

Full name of applicant: ................ Designation: ..............................

Regulation 8(2)

AUTHORITY ACT. 2011. ACT No. 15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012

NOTICE OF INTENTION TO REVOKE LICENCE OF A TRUSTEE (Under regulation 8(2) of the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations, 2012)

To:...................................................

RE:.................................................................................. '.............................................

TAKE NOTICE that the Authority intends to revoke your licence for the following reasons:-

TAKE FURTHER NOTICE that you may make your representations in writing to the Authority in regard to the said intention within the next thirty (30) days from the date of this notice which representations the Authority shall consider in accordance with the provisions of the Uganda Retirement Benefits Regulatory Authority Act. 2011 and the regulations made under the Act before finally making its decision on the said intended revocation.

Yours faithfully, «

Chief Executive Officer, Uganda Retirement Benefits Regulatory' Authority.

cc. Scheme Sponsor

Regulation 9(2)

AUTHORITY ACT. 2011, ACT No. 15 OF 2011

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF TRUSTEES) REGULATIONS, 2012.

NOTICE REQUIRING TRUSTEE TO COMPLY WITH GUIDELINES OF AUTHORITY

(Under regulation 9(2) of the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations, 2012)

To: .................................................

RE:.................................................................................................................................

TAKE NOTICE that pursuant to an inspection made and report thereof written and furnished on the Authority, particular matters arise out of the said report which require urgent correction.

Consequently the Authority hereby requires your compliance of the following guidelines:

TAKE FURTHER NOTICE that you are required to comply with the said guidelines within the next..................... days from the date hereof or by the .................day of...........................................

Yours faithfully.

Chief Executive Officer, Uganda Retirement Benefits Regulatory Authority,

SCHEDULE EIGHT Regulation 11

AUTHORITY ACT. ACT No. 15 OF 2011.

THE UGANDA RETIREMENT BENEFITS REGULATORY AUTHORITY (LICENSING OF RETIREMENT BENEFITS SCHEMES) REGULATIONS. 2012.

FEES

(Under regulation 11 of the Uganda Retirement Benefits Regulatory Authority (Licensing of Trustees) Regulations, 2012)

No. Item Amount

1. Application tee tor a licence of trustee
(a)

Individual trustee 2.5 currency points (b) Corporate trustee 12.5 currency points "2~ Annual Licence tees

(a)

Individual trustee 10 currency points

(b)

Corporate trustee 50 currency points

MARIA KIWANUKA. Minister of Finance, Planning and Economic Development.

2M5

Original Laws of Uganda consolidation (as at 21 December 2012) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.