• BC-A BC-A Introduction

    • BC-A.1 BC-A.1 Purpose

      • BC-A.1.1

        The purpose of this module is to lay down rules and guidelines that lay down the regulations and provide guidance on best practices that banks should adhere to in relation to business and market conduct.

      • BC-A.1.2

        This module provides support for certain other parts of the Rulebook, mainly:

        (a) Principles of Business;
        (b) Audit Firms;
        (c) Public Disclosure; and
        (d) BMA Reporting Requirements.

      • BC-A.1.3

        This module also provides support for certain aspects relating to business and market conduct in the Bahrain Commercial Companies Law of 2001 (as amended).

    • BC-A.2 BC-A.2 Key requirements

      • Promotion of financial products and services

        • BC-A.2.1

          The Agency should be sent copies of documentation relating to promotional schemes at least ten days prior to their launch for information purposes.

        • BC-A.2.2

          All documentation concerning promotional schemes should be in Arabic and English and, if relevant, any other language necessary for customers to fully understand and appreciate their terms and conditions. Such terms and conditions, including any related advertising, need to be clear, concise, truthful, unambiguous and complete so as to enable customers to make a fully informed decision.

      • Code of conduct for bank dealers and foreign exchange and money brokers in the foreign currency and deposit markets

        • BC-A.2.3

          Management of banks and money brokers are responsible for ensuring that their institutions are in full compliance with the Code.

        • BC-A.2.4

          Brokers should pass details verbally, and principals be prepared to receive them, normally within a few minutes after deals have been concluded.

      • Disclosure of information about individual accounts

        • BC-A.2.5

          Banks should not publish or release information to third parties concerning the accounts or activities of their individual customers, unless:

          (a) such information is requested by an authorised official from the BMA or by an order from the Courts; or
          (b) the release of such information is approved by the customer concerned.

      • Minimum balance and charges on savings accounts

        • BC-A.2.6

          Banks may impose no more than a monthly charge of BD 1/– when the monthly weighted average balance for savings accounts for individuals falls below BD 20/– (or equivalent in other currencies).

        • BC-A.2.7

          Orphans, widows, pensioners, individuals receiving social subsidies from the Ministry of Labour & Social Affairs, students and Bahraini nationals with a monthly salary below BD 250/– should be exempted from maintaining the above minimum balance requirement for savings accounts.

      • Dinar Certificates of Deposits — Rules

        • BC-A.2.8

          Certificates of Deposit may be issued for any amount subject only to a minimum denomination of BD 30,000.

        • BC-A.2.9

          Certificates of Deposit may be issued for any maturity between 183 days (6 months) and 5 years.

      • Disclosure of charges

        • BC-A.2.10

          Banks should also ensure that each customer is in receipt of its current list of charges. The list should specify standard charges and commissions that will be applied by the bank to individual services and transactions and to specific areas of business.

      • Accounts held for clubs and societies in Bahrain

        • BC-A.2.11

          The Full Commercial Bank (FCB) is requested to notify General Organisation for Youth and Sport (GOYS) when any club or society registered with GOYS requests the opening of an account with the bank.

      • Current accounts

        • BC-A.2.12

          FCBs levying fees on their low-balance customer current accounts, are required by the Agency to apply such fees to average balances when these fall below a prescribed level during a specified period.

      • Notification to the Agency on introduction of new or expanded customer products and facilities

        • BC-A.2.13

          All full commercial banks are required to notify the Agency before the introduction of any new or expanded customer products and facilities.

      • Penalty system for dishonoured cheques

        • BC-A.2.14

          On the first working day of each calendar month, each FCB will provide to the Agency a list of the names, supported with I.D. numbers (CPR or CR numbers (as applicable) for Bahrain residents, Passport or CR-equivalent numbers (as applicable) for non-Bahrain residents) of those customers to whom one (or more) written warning(s) has been sent in accordance with section BC-5.1 during the immediately preceding calendar month.

        • BC-A.2.15

          Concerned FCB(s) must not provide current account facilities to the abuser of cheques for the twelve calendar month period immediately following the date of issue of the relevant list (as mentioned in section BC-5.1) by the Agency. All other FCBs should, within a maximum period of one month after the issue of the relevant list, also withdraw current account facilities from that abuser of cheques for the same twelve calendar month period.

      • General guidance on administration of dishonoured cheques

        • BC-A.2.16

          FCBs that wish to issue cheque guarantee cards for an amount not exceeding BD 200/= may do so — subject to informing the Director of Banking Services at the Agency of their intention and the arrangements governing the issue of such cards.

      • Penalty charges on dishonoured cheques

        • BC-A.2.17

          The Agency will impose penalty charges of BD 5/= on each returned cheque for the reasons of 'Refer to Drawer', 'Not Arranged For', 'Re-present', and 'Account Closed'.

        • BC-A.2.18

          FCBs will be entitled to charge customers no more than BD 10/= in respect of each dishonoured cheque.

      • Installation of an off-site ATM in Bahrain

        • BC-A.2.19

          FCBs wishing to install an off-site ATM must submit an application (in writing) for the BMA's (Executive Director of Banking Supervision) approval. This application must be accompanied by a copy of a feasibility study for that particular ATM, as well as such other information as the BMA may request. In particular, a copy of the written permission (for installation of that off-site ATM) of the legal owner of the proposed location must be provided to the Agency, as well as a copy of the written permission of any other relevant authorities in this context (e.g. the Traffic & Licensing and Civil Defence & Fire Service Directorates of the Ministry of Interior).

      • GCC ATM network charges

        • BC-A.2.20

          The Agency requires that the charges on such customer withdrawals and other ATM services should not exceed BD 1/= per transaction.

      • Margin Trading System

        • BC-A.2.21

          FCBs may write to the Agency to obtain approval to provide margin trading facilities to their customers. FCBs must follow the rules and guidance in Chapter BC-7.

    • BC-A.3 BC-A.3 Regulation history

      • BC-A.3.1

        This module was first issued in July 2004 as part of the conventional principles volume. All regulations in this volume have been effective since this date. All subsequent changes are dated with the month and year at the base of the relevant page and in the Table of Contents. Chapter UG-3 of Module UG provides further details on Rulebook maintenance and control.

      • BC-A.3.2

        The most recent changes to this module are detailed in the table below:

        Summary of changes

        Module Ref. Change Date Description of Changes
        BC-4.1 01/01/05 New minimum balance and charges regulations
        BC-4.7 01/10/05 Streamlined notification requirements regarding new products
        BC-7 01/04/06 Margin trading rules and guidance
             
             

      • Effective date and evolution of the Module

        • BC-A.3.3

          Prior to the Rulebook, the Agency had issued various circulars representing regulations covering different aspects of Business and Market Conduct. The contents of this module are effective from the date depicted in the original circulars listed below or from the dates indicated in paragraph BC-A.3.2 above:

          Circular Ref. Date of Issue Module Ref. Circular Subject
          EDBC/73/96 1 May 1996 BC-1.1 Explanatory note on the promotion of Banking and Financial Products.
          BS.C7/91/442 10 Sep 1991 BC-1.1 Promotion of Banking Services
          85/25 2 May 1985 BC-2 Code of Conduct for Foreign Exchange Dealers and Brokers
          83/5 10 Apr 1983 BC-3 Disclosure of Information about Individual Accounts
          BS/11/2004 10 Aug 2004 BC-4.1 Min balances and savings accounts
          BS.C7/90/34 31 Jan 1990 BC-4.2 Dinar Certificates of Deposits
          EDBO/51/02 2 Apr 2002 BC-4.3 Charges to Customers
          BC/5/00 8 Mar 2000 BC-4.4 Accounts held for Clubs and Societies
          BSD(111)/94/157 24 Sep 1994 BC-4.5 Fees on Current Accounts
          BC/2/01 3 Mar 2001 BC-4.6 Brokerage Fees in Bahrain
          ODG/145/92 18 Aug 1992 BC-4.7 New products in the Retail Banking Field
          EDBO/46/03 8 Apr 2003 BC-4.8 Inheritance—Financial Procedures
          EDBO/27/96 25 Sep 1996 BC-5.1 Regulation for "Dishonoured Cheques"
          OG/399/94 28 Nov 1994 BC-5.2 Returned Cheques
          EDBO/49/01 6 May 2001 BC-5.3 Penalty Charges on Returned Cheques
          BC/8/98 24 May 1998 BC-6.1 Off-site ATMs
          EDBO/45/02 13 Mar 2002 BC-6.2 GCC ATM Network Charges
          BC/15/99 17 Jul 1999 BC-7.1 Margin Trading