Capital Market Service Providers Licensing and Supervision
By Dagnachew Tesfaye, Managing Partner at DMLF

Introduction
The Ethiopian Capital Market Authority (ECMA) has been authorized by Capital Market Proclamation Number 1248/2021 to regulate the capital market in Ethiopia. Accordingly ECMA issued a directive namely Capital Market Service Providers Licencing and Supervision Directive No 980/2024(hereafter the Directive). The Directive became effective in January 2024, as the Directive is registered by the Ministry of Justice and posted on the website of ECMA. The Directive contains 21 Parts with 183 Articles and three schedules. This article shall provide a general view of each Part of the Directive and the schedules attached to the Directive. A brief conclusion shall follow.
The 1st Part of the Directive is about definition of words and terms as well as scope of the Directive. Part 2 covers Licencing of Capital Market Service Providers. There are 15 designated capital market service licenses. These include Service Brokers; Securities Dealers; Security Digital Sub-brokers; Investment Banks; Securities Investment Advisers; Securities Shariah Advisors; Securities Robo Advisers; Collective Investment Scheme Operators; Crowdfunding Intermediaries; Securities Market Makers; Security Custodians; Securities Portfolio Managers; Credit Rating Agencies; Securities Appraisal Firms and Appointed Representatives. When the applicant is a share company or private limited company, such companies need to have a Board of Directors that will be responsible for its governance. There is a fee to be paid to acquire the license as determined by the Fee Directive of ECMA.
Part 3 deals with General Obligations and Responsibilities of the capital market service providers. Among the several obligations and responsibilities, one obligation is to maintain minimum net liquid capital to meet its base and risk requirements.
To deal with contravention of the provisions of the Directive, Part 4 outlined Enforcement and Administrative Measures. Part 5 covers Voluntary Exit from the Market by relinquishing the service license.
Part 6-16 lists eligibility requirements for each type of capital market service licenses. Some licenses are open for individuals, limited liability partnerships, limited partnerships, general partnerships, private limited companies or share companies and few others are restricted for only share companies and private limited companies.
Part 17 deals with Minimum Capital Requirements for capital market service providers. To obtain the license to operate as a capital market service provider, the minimum capital in cash has to be deposited in a licensed commercial bank in Ethiopia. The net shareholders’ fund or partners’ fund or net worth has to comply with Schedule 1 of the Directive.
Corporate Governance for Capital Market Service Providers, Competency Framework for Capital Market Service Providers and Code of Conduct are covered in Part 18-120 respectively.
Finally Part 21 namely Miscellaneous Provisions contain principles about circulars and notices, inapplicable laws and effective date of the Directive. Schedule 1 is about Minimum Capital Requirements. Schedule 2 deals with Capital Market Service Providers Functions and Competency Requirements and Schedule 3 covers Penalties, Fines and other Enforcement Actions.
Conclusion
The Directive identifies 15 different types of capital market services licenses. The Directive has stipulated the functions, authorized activities, related governance and ethical principles in regulating capital market service providers. The Directive embodies detailed rules on how to obtain a license and responsibilities and obligations of licensed service providers. As the Director General of ECMA said ‘ this Directive is a significant milestone in the development of the capital market in Ethiopia’.
For any related inquiries, you may contact us at info@dmethiolawyers.com
-
Understanding the Federal Courts Costs and Damages Guideline No. 2/2017: A Comprehensive Overview
By DMLF Team The Federal Supreme Court of Ethiopia enacted the Federal Courts Costs and Damages Guideline No. 2/2017, which governs the determination of costs and damages across all federal courts and regional courts handling federal cases. This guideline emphasizes that decisions related to costs and damages should be integrated within the main case file…
-
New Fee Structure for Services Provided by the Ethiopian Immigration and Nationality Service
By Sinishaw Hailu, Associate at DMLF The Ethiopian Council of Ministers has recently enacted a significant update with the introduction of Regulation No. 550/2024 here in after the regulation, which establishes new fee rates for services provided by the Immigration and Nationality Service. This regulation repealed the previous Regulation No. 38/2022 and introduces a new…
-
Ethiopia’s New Health Service Administration Proclamation: A Step towards Modern Healthcare
By DMLF Team In a significant move for Ethiopia’s healthcare landscape, The Ethiopian House of People’s Representatives has approved the Health Service Administration Proclamation No. 1362/2017. This new legislation aims to enhance the quality and accessibility of health services. The new law introduces a host of progressive measures that promise to modernize healthcare and better…
-
New Proclamation for Special Economic Zones in Ethiopia
By DMLF Team In a pivotal move, the Ethiopian Parliament has approved Proclamation No. 1322/2024, which establishes guidelines for Special Economic Zones (SEZs). This legislation aims to enhance investment activities through a robust framework of support, including policies that streamline trade, bolster infrastructure, and improve amenities for investors. Within these SEZs, a variety of specialized…
-
Key Decisions of the House of Federation Regarding Property Rights and Marriage in Ethiopia
By DMLF Team The House of Federation in Ethiopia plays a pivotal role in adjudicating matters that significantly impact the CONSTITUTIONAL rights of citizens, particularly concerning property rights and marriage. Below is an overview of critical decisions rendered by the House, which elucidate the legal framework governing these issue. Immovable Property as Common Property In…
-
General Overview about Joint Venture in Ethiopia
By DMLF Team The Ethiopia Commercial Code Proclamation Number 1243/2021 defines a joint venture as a business organization established by an agreement among two or more persons. Joint venture has no legal personality and its existence is unknown to third parties. Registration formalities required of other business organizations do not apply to a joint venture. …