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  • PB PB Principles of Business

    • PB-A PB-A Introduction

      • PB-A.1 PB-A.1 Purpose

        • Executive Summary

          • PB-A.1.1

            The Principles of Business are a general statement of the fundamental obligations of all Central Bank of Bahrain ('CBB') conventional bank licensees and approved persons. They serve as a basis for other material in Volume 1 (Conventional Banks), and help address specific circumstances not covered elsewhere in the Rulebook.

            October 07

          • PB-A.1.2

            The Principles of Business have the status of Rules and apply alongside other Rules contained in Volume 1 (Conventional Banks). However, these other Rules do not exhaust the fundamental obligations contained in the Principles. Compliance with all other Rules, therefore, does not necessarily guarantee compliance with the Principles of Business.

            October 07

        • Legal Basis

          • PB-A.1.3

            This Module contains the CBB's Directive (as amended from time to time) relating to Principles of Business and is issued under the powers available to the CBB under Article 38 of the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). The Directive in this Module is applicable to all conventional bank licensees (including their approved persons).

            Amended: January 2011
            October 07

          • PB-A.1.4

            For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

            October 07

      • PB-A.2 PB-A.2 Module History

        • PB-A.2.1

          This Module was first issued in July 2004 by the BMA as part of the conventional principles volume. All regulations in this volume have been effective since this date. Any material changes that have subsequently been made to this Module are annotated with the calendar quarter date in which the change was made; Chapter UG-3 provides further details on Rulebook maintenance and version control.

          October 07

        • PB-A.2.2

          When the CBB replaced the BMA in September 2006, the provisions of this Module remained in force. Volume 1 was updated in October 2007 to reflect the switch to the CBB; however, new calendar quarter dates were only issued where the update necessitated changes to actual requirements.

          October 07

        • PB-A.2.3

          A list of recent changes made to this Module is provided below:

          Module Ref. Change Date Description of Changes
          PB-A.1 10/2007 New Rule PB-A.1.3 introduced, categorising this Module as a Directive.
          PB-1.1 10/2007 Small expansion of Principle 1 to refer to disclosure of all relevant information to customers, as required by CBB Regulations and Directives. Reordering and expansion of other Principles, although no substantive changes.
          PB-A.1.3 01/2011 Clarified legal basis.
          PB-B.1.5 01/2011 Corrected cross reference.
               
          October 07

    • PB-B PB-B Scope of Application

      • PB-B.1 PB-B.1 Scope of Application

        • PB-B.1.1

          The 10 Principles of Business apply to all CBB conventional bank licensees, in accordance with Paragraph PB-B.1.2. Principles 1-8 also apply to all approved persons, in accordance with Paragraph PB-B.1.3.

          October 07

        • PB-B.1.2

          Principles 1 to 10 apply to activities carried out by the conventional bank licensee, including activities carried out through overseas branches (if any). Principles 9 and 10 also take into account any activities of other members of the group of which the conventional bank licensee is a member.

          October 07

        • PB-B.1.3

          Principles 1 to 8 apply to approved persons in respect of the controlled function for which they have been approved.

          October 07

        • PB-B.1.4

          Principles 1 to 8 do not apply to behaviour by an approved person with respect to any other functions or activities they may undertake. However, behaviour unconnected to their controlled function duties may nonetheless be relevant to an assessment of that person's fitness and propriety.

          October 07

        • PB-B.1.5

          The CBB's requirements regarding approved persons and controlled functions are located in Module LR (Licensing Requirements).

          Amended: January 2011
          October 07

      • PB-B.2 PB-B.2 Non-compliance

        • PB-B.2.1

          Breaching a Principle of Business makes the conventional bank licensee or approved person concerned liable to enforcement action. In the case of a licensee, this may call into question whether they continue to meet the licensing conditions (see Chapter LR-2). In the case of an approved person, this may call into question whether they continue to meet the 'fit and proper' requirements for the function for which they have been approved (see Section HC-2.2).

          October 07

        • PB-B.2.2

          Module EN (Enforcement) sets out the CBB's policy and procedures on enforcement action.

          October 07

    • PB-1 PB-1 The Principles

      • PB-1.1 PB-1.1 Principles

        • Principle 1 — Integrity

          • PB-1.1.1

            Conventional bank licensees and approved persons must observe high standards of integrity and fair dealing. They must be honest and straightforward in their dealings with customers, and provide full disclosure of all relevant information to customers, as required by the CBB's Regulations and Directives.

            October 07

        • Principle 2 — Conflicts of Interest

          • PB-1.1.2

            Conventional bank licensees and approved persons must take all reasonable steps to identify, and prevent or manage, conflicts of interest that could harm the interests of a customer.

            October 07

        • Principle 3 — Due Skill, Care and Diligence

          • PB-1.1.3

            Conventional bank licensees and approved persons must act with due skill, care and diligence.

            October 07

        • Principle 4 — Confidentiality

          • PB-1.1.4

            Conventional bank licensees and approved persons must observe in full any obligations of confidentiality, including with respect to customer information. This requirement does not over-ride lawful disclosures.

            October 07

        • Principle 5 — Market Conduct

          • PB-1.1.5

            Conventional bank licensees and approved persons must observe proper standards of market conduct, and avoid action that would generally be viewed as improper.

            October 07

        • Principle 6 — Customer Assets

          • PB-1.1.6

            Conventional bank licensees and approved persons must take reasonable care to safeguard the assets and deposits of customers for which they are responsible.

            October 07

        • Principle 7 — Customer Interests

          • PB-1.1.7

            Conventional bank licensees and approved persons must pay due regard to the legitimate interests and information needs of their customers and communicate with them in a fair and transparent manner. Conventional bank licensees and approved persons, when dealing with customers who are entitled to rely on their advice or discretionary decisions, must take reasonable care to ensure the suitability of such advice or decisions.

            October 07

        • Principle 8 — Relations with Regulators/Supervisors

          • PB-1.1.8

            Conventional bank licensees and approved persons must act in an open and co-operative manner with the CBB and other regulatory/supervisory bodies whose authority they come under. They must take reasonable care to ensure that their activities comply with all applicable laws and regulations.

            October 07

        • Principle 9 — Adequate Resources

          • PB-1.1.9

            Conventional bank licensees must maintain adequate human, financial and other resources sufficient to run their business in an orderly manner.

            October 07

        • Principle 10 — Management, Systems & Controls

          • PB-1.1.10

            Conventional bank licensees must take reasonable care to ensure that their affairs are managed effectively and responsibly, with appropriate systems and controls in relation to the size and complexity of their operations. Conventional bank licensees' systems and controls, as far as is reasonably practical, must be sufficient to manage the level of risk inherent in their business and ensure compliance with the CBB Rulebook.

            October 07