CM-5 CM-5 The Monitoring and Control of Large Exposures of Banks Licensed by the CBB
CM-5.1 CM-5.1 Overview
CM-5.1.1
The CBB's directives on large
exposures for banks in Bahrain is issued as part of the CBB's measures to encourage banks to mitigate risk concentrations.Amended: January 2011
October 2007CM-5.1.2
The contents of this Chapter apply in full to all
Bahraini conventional bank licensees on a consolidated basis.Amended: January 2015
Amended: April 2014
Amended: January 2011
October 2007CM-5.1.3
Banks, through the PIR forms (see Module CA), must notify the CBB of the
subsidiaries to be consolidated for reporting purposes.Amended: January 2015
Amended: January 2011
October 2007CM-5.1.4 [deleted]
Deleted: January 2011CM-5.2 CM-5.2 Exposures undertaken by Overseas Conventional Bank Licensees
CM-5.2.1
The CBB's policy towards large
exposures on the books ofoverseas conventional bank licensees is to ensure that suchexposures are within the policy statement of the parent bank, as agreed by the parent regulatory authority.Amended: April 2014
Amended: January 2011
October 2007CM-5.2.2
All
overseas conventional bank licensees must report their 25 largestexposures to the CBB.Amended: April 2014
Amended: July 2011
Amended: January 2011
October 2007CM-5.2.3
The CBB may, if circumstances so require and on a case-by-case basis, apply the full requirements of this Chapter to
overseas conventional bank licensees .Amended: April 2014
Amended: January 2011
October 2007CM-5.3 CM-5.3 The Measure of Exposure
CM-5.3.1
For large
exposure (s) purposes, the measure ofexposure reflects the maximum loss that will arise should acounterparty fail or the loss that may arise due to the realisation of any lending assets, shareholdings or otherexposures or off-balance sheet positions, or losses experienced due to non-repayment of facilities granted. In certain cases (particularlyderivatives ), the measure of a largeexposure may be larger than that used in published financial statements. Consistent with this, anexposure encompasses the amount at risk arising from a bank's:(a) Claims on acounterparty including actual claims, and potential claims which would arise from the drawing down in full of undrawn advised facilities (whether revocable or irrevocable, conditional or unconditional) which the bank has committed itself to provide, and claims which the bank has committed itself to purchase or underwrite. In the case of undrawn (overdraft) facilities, the advised limit must be included in the measure ofexposure (after deduction of any provisions). In the case of loans, the net outstanding balance as shown in the books of the bank must be included in the measure ofexposure after deduction of any provisions. Such claims would include but are not limited to:(i) Loans and other credit facilities (including overdrafts) whether or not drawn;(ii)Exposures arising through lease agreements;(iii) Margin held with exchanges or counterparties;(iv) Claims under derivative contracts such as futures, forwards, options, swaps and similar contracts on interest rates, foreign currencies, equities, securities, commodities or indexes;(v) Claims arising in the course of settlement of securities transactions;(vi) Receivables such as fees or commissions;(vii) Claims arising in the case of forward sales and purchases of financial instruments in the trading or banking books;(viii) Amounts outstanding under sale and repurchase agreements, forward asset purchase agreements, buyback agreements, stock borrowing/lending or similar transactions;(ix) Bonds, bills or other non-equity financial instruments; and(x)Underwriting exposures for bonds, bills, or other non-equity financial instruments.(b)Contingent liabilities arising in the normal course of business, and thosecontingent liabilities which would arise from the drawing down in full of undrawn advised facilities (whether revocable or irrevocable, conditional or unconditional) which the bank has committed itself to provide. In the case of undrawn overdraft, L/C or similar facilities, the advised limit must be included in the measure ofexposure . Such liabilities may include:(i) Direct credit substitutes (including guarantees, standby letters of credit, bills accepted but not held by the reporting bank, and endorsements creating payable obligations);(ii) Claims sold with recourse (i.e. where the credit risk remains with the reporting bank);(iii) Transaction related contingents not having the character of direct credit substitutes (e.g. performance bonds, bid bonds, transaction-related L/Cs etc);(iv) Undrawn documentary letters of credit issued or confirmed; and(v) Credit derivatives sold (where the bank is providing credit protection);(c) Any other assets or transactions whose value depends wholly or mainly on a counterparty performing its obligations, or whose value depends upon that counterparty's financial soundness but which do not represent a claim on the counterparty. Such assets or transactions include:(i) Equities and othercapital instruments (including significant investments in commercial entities—see CM-5.5.1.E for definition);(ii) Equity warrants, options, or equity derivatives where the reporting bank is obtaining credit protection; and(iii)Underwriting or purchase commitments for equities; and(d) Any other assets, receivables or transactions which constitute a claim for the bank which are not included in (a), (b) or (c) above. Such items could include funds or assets provided to a fund/asset manager. Banks must regard assets placed with third parties under management asexposures . Under no circumstances may a bank place funds with fund managers (or mudaribs or trustees) that also act as custodian.Amended: January 2015
Amended: July 2011
Amended: April 2011
Amended: January 2011
October 2007CM-5.3.2
As a general rule,
exposures must be reported on a gross basis (i.e. no offset). However, debit balances on accounts may be offset against credit balances on other accounts with the bank if:(a) A legally enforceable right of set off exists in all cases (as confirmed by a independent legal opinion addressed to the bank) in respect of the recognised amounts;(b) The debit and credit balances relate to the same customer or to customers in the same group (for a group facility, a full cross guarantee structure must also exist before debit balances on accounts may be offset against credit balances i.e. full multilateral guarantees must be in place between all the companies within the group);(c) The bank intends either to settle on a net basis, or to realise the debit balances and settle the credit balances simultaneously; and(d) The transactions are subject to the regulation in respect of close-out netting under market contract (see Appendix CM-4).Amended: January 2015
Amended: July 2011
Amended: January 2011
October 2007CM-5.3.3
Large
exposures are calculated using the sum of the nominal amounts before the application of risk weighting and credit conversion factors for:(a) On-balance sheet claims;(b) Guarantees and other contingent claims; and(c) Potential claims in the case of undrawn facilities.The amount at risk from
derivative contracts is taken to be the credit equivalent amount calculated based on the guidelines for the prudential returns (see Module CA). In the case of equityexposures , the current fair value as shown in the books of the bank must be taken as the measure ofexposure .Amended: July 2011
Amended: January 2011
October 2007CM-5.3.4
In case of syndicated facilities, the nominal amount would include only the bank's share of the syndication and any amounts for which binding commitments from other financial institutions are not available. Where a binding commitment is available, that amount would be excluded in calculation of the large
exposures . See Section CM-5.6 for exemptions.Added: January 2011CM-5.3.5
A bank's
exposure arising fromsecurities ' trading operations is calculated as its net long position in a particularsecurity (a short position in onesecurity issue may not be offset against a long position in another issue made by the same issuer). A bank's 'net long position' in asecurity refers to its commitment to buy thatsecurity together with its current holdings of the samesecurity , less its commitment to sell suchsecurities .Amended: January 2011
October 2007CM-5.3.6
"Underwriting" is defined as "A binding commitment by the reporting bank to purchase securities issued by, or provide syndicated loans/credit facilities to (as the case may be) an unconnected party ("the issuer" or "the borrower") at a mutually agreed price. Underwriting does not take place if a bank commits to purchase its own securities or securities issued by a party connected to it as there is no transfer of risk; therefore banks may not utilise the limits concerned with these definitions in connection with any commitments to any connected counterparties." Temporary
exposure limits for "underwriting" and otherinvestment business relatedexposures are covered in more detail in paragraphs CM-5.6.2A-F.Amended: July 2012
Added: January 2011CM-5.4 CM-5.4 Identity of Counterparty
CM-5.4.1
For the purposes of measuring
exposures , thecounterparty will generally be: the person from whom the concerned funds are receivable (in the case of fees and commissions etc.); the borrower (customer) in the case of credit facilities; the person guaranteed, the issuer of asecurity in the case of asecurity held, or the party with whom a contract was made in the case of aderivative contract.Amended: January 2011
October 2007CM-5.4.2
Where a third party has provided an eligible guarantee, and subject to the guaranteed bank's policy statement not stating otherwise, the guaranteed bank may be permitted to report the
exposure as being to the third party guarantor, rather than the person guaranteed (see Chapter CA-4 for full conditions relating to the recognition of guarantees for regulatory purposes).Amended: January 2015
Amended: January 2011
October 2007CM-5.5 CM-5.5 Limits for Large Exposures
Definitions and Aggregate Limit on Large Exposures
CM-5.5.1
A 'large
exposure ' is anyexposure tocounterparty or a group of closely relatedcounterparties which is greater than, or equal to, 10% of the reporting bank's consolidated Total Capital.Amended: January 2015
Amended: January 2011
October 2007CM-5.5.1A
'
Capital instrument ' includes all components of equity capital including ordinary equity, both voting and non-voting, and preference shares. It also includes convertible or hybrid financial instruments which are debt — like in character and which may be converted into equity (such as convertible murabaha). Also for financial institutions and insurance companies, any other financial instruments (such as subordinated debt) which are eligible as regulatory capital should also be included ascapital instruments . Sukuk or senior debt instruments would not normally be regarded as "capital instruments " unless they have convertibility features. Equity-like contracts such as joint venture musharaka contracts (investments but not financing) are also included in this definition. The musharaka stake is classified as acapital instrument at onset.Amended: January 2012
Added: January 2011CM-5.5.1B
'
Acquisition ' means the acquiring by a bank of beneficial or legal ownership ofcapital instruments issued by another entity. This would not include securities underwriting until the expiry of the underwriting period (where separate arrangements apply elsewhere in this Module).Acquisition may also be in the form of exercising of rights to take control ofcapital instruments pledged as collateral. The pledging ofcapital instruments by a customer to a bank as collateral (e.g. for the purpose of obtaining credit) does not in itself mean that an "acquisition " has taken place.Acquisition also does not include the establishment of newsubsidiaries by the bank. Regulatory requirements for the establishment of SPVs andsubsidiaries are contained in Section BR-5.2.Amended: January 2015
Amended: January 2012
Added: January 2011CM-5.5.1C
'
Investment ' is any holding by a bank ofcapital instruments issued by a third party that is not a subsidiary of the bank. Therefore holdings of subordinated debt eligible as regulatory capital issued by another financial institution would be regarded as an "investment ". In this case 'holding' means legal or beneficial ownership ofcapital instruments .Amended: January 2012
Added: January 2011CM-5.5.1D
A bank is defined as "
closely linked " with:(a) Any person/entity which qualifies as acontroller of the concerned bank as defined in Chapter GR-5;(b) Any entity which is asubsidiary of the bank; and(c) Any entity which is an associate of the bank.Amended: January 2015
Amended: January 2012
Amended: April 2011
Added: January 2011CM-5.5.1E
A "
major investment " is defined as anyacquisition orinvestment in thecapital instruments of another entity by aBahraini conventional bank licensee which is equivalent to or more than 10% of the Bahraini conventional bank licensee's consolidated total capital.Amended: October 2016
Amended: April 2015
Amended: January 2015
Amended: January 2012
Added: January 2011CM-5.5.1F
[This Paragraph was deleted in January 2015].
Deleted: January 2015
Amended: January 2012
Added: January 2011CM-5.5.2
Total Capital has the same meaning as when used in Section CA-1.1.
Amended: January 2015
Amended: January 2011
October 2007CM-5.5.3
The aggregate of large
exposures may not exceed 800% of the bank's consolidated Total Capital (there are separate sub-limits for "significant investments" in Section CM-5.11), whether funded or not funded, i.e. contingent commitments.Amended: October 2016
Amended: January 2015
Amended: January 2011
October 07CM-5.5.3A
The CBB requires that any large
exposure , as defined in Paragraph CM-5.5.1, must be priorly approved by the bank's Board of Directors.Added: January 2017Single Exposure Limit to Unconnected Counterparties – 15%
CM-5.5.4
A bank may not incur an
exposure to an individualcounterparty or group of closely relatedcounterparties (not connected to the reporting bank) which exceeds 15% of the reporting bank's consolidated Total Capital without the prior written approval of the CBB. Where such limit has been exceeded whether with or without the prior approval of the CBB, the excess amount must be risk-weighted at 800%.Amended: January 2015
Amended: January 2011
October 2007Closely Related Counterparties — Definitions
CM-5.5.5
'Closely related
counterparties ' are two or morecounterparties who constitute a single risk because one of them has, directly or indirectly, a controlling interest in the other(s) (i.e. 20% or more voting rights), orcounterparties connected in such a way that the financial soundness of any one of them may affect the financial soundness of the other(s), or the same factors may affect the financial soundness of both or all of them.Amended: January 2011
October 07CM-5.5.5A
The CBB shall exercise its discretion in considering two or more
counterparties of a bank as closely related on a case by case basis if it finds during its onsite or offsite supervisory review any linkage of such counterparties.Added: January 2017CM-5.5.6
'Controlling interest' means either significant ownership (i.e. 20% or more of the voting rights) or any other interests (including, but not limited to, the ability to exercise or control the exercising of voting power in the other party) which enable the holder, or which would enable a proposed transferee, thereof to exercise significant influence over the management and business of the other party.
Amended: July 2012
Amended: January 2011
October 2007Limit on Exposures to Connected Counterparties – 25% Aggregate
CM-5.5.7
Exposures to connected counterparties may be justified only when undertaken for the clear commercial advantage of the bank, when negotiated and agreed on an arm's length basis, and when included in the largeexposures policy statement agreed with the CBB.Amended: January 2011
October 2007CM-5.5.7A
A bank may not exceed the individual or aggregate connected counterparty limits shown in Paragraph CM-5.5.11 without the prior written approval of the CBB.
Added: July 2012CM-5.5.8
A bank may not undertake
exposures to its own external auditors shall be permitted. In this context, 'external auditors' refers to the firm/partnership, the partners, the directors and managers of the audit firm.Amended: January 2011
October 2007CM-5.5.9
For the purpose of this Module, 'Connected counterparties' includes companies or persons connected with the bank, including, in particular;
controllers of the bank, (and their appointed board representatives) as defined in Chapter GR-5,subsidiaries , associates and related parties of the bank as defined by IFRS; holders ofcontrolled functions in the bank as defined by Module LR-1A and their close family members(as defined by IFRS – IAS 24); members of the Shari'a Supervisory Board.Amended: January 2015
Amended: July 2012
Amended: July 2011
Amended: January 2011
October 2007CM-5.5.9A
Equity participations in and credit exposures to consolidated banking and financial subsidiaries (see CM-5.3.1(c)) need not be included in exposures to connected counterparties for the sake of the table in CM-5.5.11. Equity participations in and credit or financing exposures to unconsolidated subsidiaries are included in the definition of exposure in order to understand the degree of support the parent is supplying to its unconsolidated subsidiaries on a day-to-day basis.
Added: January 2015CM-5.5.9B
The CBB shall exercise its discretion in applying the definition of connected
counterparties of a bank on a case by case basis if it finds during its onsite or offsite supervisory review any linkage of such counterparties.Added: January 2017CM-5.5.10
Lending to senior management is covered under Chapter CM-6. All credit facilities to senior management are included under the limits given in the table under Paragraph CM-5.5.11.
Amended: January 2015
Amended: January 2011
October 2007CM-5.5.11
Exposure limits for connected counterparties have been set as listed below.Exposures (both on and off-balance sheet) to all connectedcounterparties listed below, when taken together, may not exceed 25% of consolidated Total Capital. Where any of these limits have been exceeded whether with or without the prior approval of the CBB (see Paragraph CM-5.5.7A), the excess amount must be risk-weighted at 800%.Connected Counterparties Individual Limit Aggregate Limit Controllers and their subsidiaries 0% 0% Approved persons (and their close family members) and Shari'a Board Mem10% 25% Associates, other related parties not mentioned above, and unconsolidated subsidiaries 15% 25% Total (including senior management and others) 25% Amended: October 2015
Amended: January 2015
Amended: July 2013
Amended: July 2012
Amended: January 2011
October 20070% Limit on Exposures to Controllers
CM-5.5.12
Banks must not undertake
exposures to theircontrollers as defined in Chapter GR-5 or tosubsidiaries of suchcontrollers (i.e. there is a 0% limit for suchexposures ), however smaller shareholders will be subject to the normalexposure limits outlined in CM-5.5.4. Directors who are alsocontrollers (or the appointed board representatives of suchcontrollers ) are subject to the 0% limit.Amended: January 2015
Amended: January 2011
October 2007Deductions from Total Capital
CM-5.5.13
The CBB will closely examine all
exposures to "connected counterparties" and will deduct them from the bank's consolidated Total Capital if they are, in the CBB's opinion, of the nature of a capitalinvestment , or provision of long-term working capital, or are made on particularly concessionary terms.Amended: January 2015
Amended: January 2011
October 2007CM-5.5.14
Reciprocal cross-holdings of capital between a bank and its
controllers (see GR-5) which artificially inflate the capital of licensee concerned are not permitted. Any cross-holdings that occur due toacquisitions or takeovers must be deducted from the concerned bank's Total Capital (see also CA-2).Amended: January 2015
Added: January 2011CM-5.5.15
Any other form of connected lending outside the scope of the above will be dealt with by the CBB on a case-by-case basis.
Amended: January 2011
October 2007CM-5.6 CM-5.6 Exempt or Temporary Exposures
Exempt Exposures to Parties not Connected to the Bank
CM-5.6.1
Certain types of
exposure are exempt from the 15%exposure limit set out in CM-5.5.4, but prior notification of commitment to suchexposures must be made to the CBB and then retrospectively on a quarterly basis using the Form PIR provided in Appendix BR-5.Amended: April 2011
Amended: January 2011
October 2007CM-5.6.2
These exemptions fall into the following categories and are subject, in each case, to the policy statement as agreed with the CBB:
(a) Short term (i.e. up to three months original maturity) interbankexposures to parties not connected to the reporting bank;(b)Exposures to GCC governments, and their public sector entities that do not operate on a commercial basis, as set out in the guidelines to the PIR (see Module CA) where such bodies are not connected to the reporting bank;(c)Exposures to OECD central governments orexposures secured by OECD central governmentsecurities / guarantees;(d)Exposures secured by cash or GCC governmentsecurities /guarantees;(e) Specific connected short-termexposures agreed with and approved in advance by the CBB, in particular those arising from a group Treasury function (see Paragraph CM-5.6.5);(f) Pre-notifiedexposures which are covered by a guarantee from the bank's parent (see Paragraphs CM-5.6.7 to CM-5.6.10); and(g) Sukuk or other securities issued or guaranteed by the Islamic Development Bank or any of itssubsidiaries .Amended: January 2015
Amended: January 2011
October 2007Temporary Exposure Limits to Commercial Entities not Connected to the Bank
CM-5.6.2A
In certain circumstances outlined below, banks may apply on a case-by-case basis to the CBB for approval of certain underwriting or
investment business relatedexposures above the 15% singleexposure limit (in CM-5.5.4) for periods of up to 3 months where the entity is a commercial entity.Amended: January 2015
Amended: January 2012
Added: January 2011CM-5.6.2B
A bank may not incur an
exposure which arises when a bank enters into a legally binding commitment to underwrite a securities issue or to provide a syndicated loan for another commercial entity not connected to the bank, which exceeds 15% of the bank's consolidated Total Capital without the prior written approval of the CBB. The maximum level of suchexposures per counterparty that the CBB may approve must not exceed 30% of the concerned bank's consolidated Total Capital during the three-month period.Amended: April 2015
Amended: January 2015
Amended: January 2012
Added: January 2011CM-5.6.2C
Such securities underwriting exposures must be included in the trading book policy statement of a bank wishing to use this higher temporary limit. Any residual holdings of securities or syndicated loan commitments held for more than three months from the commitment date of underwriting must be risk-weighted at 800% where there are any excesses above the materiality thresholds outlined in Paragraph CA-2.4.25. Where the lead bank has obtained legally binding irrevocable (i.e. full) commitments from other institutions to participate in the concerned securities issue or to participate in providing the syndicated loan facilities, the lead underwriter or syndicate manager may show participations to the concerned sub-underwriting/ participating institution rather than to the issuer of the security or the loan obligor. The CBB will not allow any bank to include syndicated credit facilities to, or holdings of securities issued by any of the concerned bank or its connected counterparties (including SPVs connected through ownership, control or establishment) to be included in this temporary 30% limit.
Amended: January 2015
Amended: January 2012
Added: January 2011CM-5.6.2D
A bank may not incur any temporary large
exposures arising frominvestment business (where the intention by the concerned bank is to securitize such assets or place them with investors), which exceeds 15% of the bank's consolidated total capital without the prior written approval of the CBB. The maximum level of such temporaryexposures that the CBB may approve per individualexposure must not exceed 25% of the concerned bank's consolidated total capital for a maximum six-month period. Any suchexposures held for more than six months from the originating date of theexposure must be risk-weighted at 800% where there is any excess above the materiality thresholds mentioned in Paragraph CA-2.4.25. In order for a bank to be allowed suchexposures , it must have in place a written detailed due diligence policy for such business which must be approved by the bank's board of directors and related procedures which must be approved by senior management.Amended: January 2020
Amended: January 2015
Amended: January 2012
Added: January 2011CM-5.6.2E
In order to qualify for these temporary limits, banks must submit a request for each individual
exposure to the CBB and the CBB shall respond within two weeks from the date of receiving a complete set of all required documents. The CBB will take into account any existingexposures to the concerned counterparties in its consideration of any application for such temporary largeexposures limits.Amended: April 2012
Amended: January 2012
Added: January 2011CM-5.6.2F
In the case of any subsequent proposed increment in the amount of
exposure (for example where a limit of 20% has been approved), the CBB's prior approval must be obtained (as outlined above). CBB approval for fair value changes to holdings/ underwritings of securities during the temporary approval period will not be required.Amended: April 2012
Amended: January 2012
Added: January 2011CM-5.6.2G
Temporary large
exposures arising from investment business (where the intention by the concerned bank is to securitize such assets or place them with investors) referred to in Paragraph CM-5.6.2D are not subject to the 'connected counterparty' and significant investments in commercial entities limits and treatments during the six-month period. After the expiry of this period, the limits and deduction treatments relating to significant investments in commercial entities and 'connected counterparties' apply.Amended: January 2015
Added: January 2012Exempt Exposures to Connected Counterparties
CM-5.6.3
Exposures tosubsidiaries which are always fully consolidated on a line-by-line basis for all supervisory purposes are exempt from the limits in this Module on a consolidated basis, however banks must observe the CBB's solo capital adequacy requirements in Module CA.Amended: January 2015
Amended: January 2011
October 2007CM-5.6.4
Exposures to unconsolidatedsubsidiaries (normally non-financial and outside the scope of regulatory consolidation) are not exempt from the limits in this Module and are included under the limits forexposures to associates, related parties and unconsolidated subsidiaries.Amended: January 2015
Amended: January 2011
October 2007CM-5.6.5
Banks may apply to the CBB to take on a treasury role on behalf of the group as a whole (provided that the group is subject to consolidated supervision by its home supervisor). The CBB's policy regarding the taking on of a treasury role includes
exposures arising from a central risk management function. Suchexposures must be approved by the CBB before they may be exempted.Amended: January 2015
Amended: January 2011
October 2007CM-5.6.6
In the above scenario (Paragraph CM-5.6.5), for example,
exposures of more than 15% of the Total Capital to a parent bank from a subsidiary bank may be permitted where they constitute short term lending of excess liquid funds.Amended: January 2015
October 07Exposures Undertaken by a Subsidiary Bank
CM-5.6.7
Where
exposures undertaken by a Bahrain subsidiary of an overseas bank are guaranteed by its parent bank, the Bahrain subsidiary bank may be deemed to have anexposure to its parent bank.Amended: January 2011
October 2007CM-5.6.8
Under the terms of this Module (see Paragraph CM-5.6.2(f)), such indirect
exposures to a parent bank may be exempted from the limits on largeexposures if the CBB is satisfied that:(a) Suchexposures have been pre-notified to the CBB for the CBB's approval and are entered into within the terms of a policy agreed by the parent bank;(b) There are guarantees in place from the parent bank to protect thesubsidiary should theexposure become impaired or require to be written off; and(c) In the case of banks, which are the Bahrainsubsidiaries of overseas banks, the supervisory authority of the parent bank has approved theexposures that can be undertaken by the Bahrainsubsidiary .Amended: January 2015
Amended: January 2011
October 2007CM-5.6.9
In the case of a Bahrain incorporated bank's
subsidiary inside Bahrain, in order for anexposure exceeding 15% of Total Capital to be acceptable in thesubsidiary , the Bahrain parent bank must at all times have the capacity to take on theexposure to the third party, without itself exceeding the limit of 15% of its own Total Capital. Also, the totalexposure of the banking group to the customer must be within 15% of the parent bank's consolidated Total Capital.Amended: January 2015
Amended: January 2011
October 2007CM-5.6.10
The CBB will need to be satisfied that adequate control systems are in place to ensure that risks taken in the group as a whole are properly monitored and controlled.
Amended: January 2011
October 2007CM-5.7 CM-5.7 Reporting of Exposures
CM-5.7.1
All
conventional bank licensees are required to report their 25 largestexposures to banks as well as their 25 largestexposures to non-banks to the CBB on a quarterly basis using the Form PIR provided in Appendix BR-5.Amended: July 2015
Amended: April 2015
Amended: April 2014
Amended: October 2009
October 2007CM-5.7.1A
All
Bahraini conventional bank licensees must report the financial details of each largeexposure , as defined under Paragraph CM-5.5.1, in Appendix BR-19, as required under Paragraph BR-3.1.10.Added: July 2015CM-5.7.1B
All
Bahraini conventional bank licensees must report all theirexposures to connected parties on a monthly basis using the form provided in Appendix BR-11, as required under Paragraph BR-4.3.4.Added: July 2015CM-5.7.2
Banks are required to adopt policies and set internal limits, which will not lead to the
exposure limit(s) referred to above being exceeded as a matter of course.October 07CM-5.7.3
For some banks, the CBB may determine it prudent to set lower
exposure limits than the ones given in this Module.Amended: January 2011
October 2007CM-5.7.4
Should any bank incur, or may incur an
exposure to an individualcounterparty (other than an exemptexposure ) which results in or may result in it exceeding any of the limits set out above, this must be reported immediately to the CBB for its consideration. Where theexposure or counterparty is not exempt, action must be taken to immediately bring theexposure back within applicable limits as soon as possible.Amended: July 2011
Amended: January 2011
October 2007CM-5.8 CM-5.8 Policy Statements
CM-5.8.1
The CBB requires each
Bahraini conventional bank licensee to set out its policy and internal limits on largeexposures , including limits for differing types ofexposures to individual customers, banks, corporates, countries and economic and market sectors, in a policy statement which must be formally approved by the Board of Directors and then submitted to the CBB. The Policy Statement must be part of the Risk management Policy of the bank. Furthermore, banks must not implement significant changes to these policies without prior discussion with the CBB.Amended: April 2014
Amended: July 2011
Amended: January 2011
October 2007CM-5.8.2
The policy statement must identify 'connected
counterparties ' and the bank's policies towards lending to and investing in thesecounterparties .Amended: July 2011
October 2007CM-5.8.3
The bank must explain and justify any requests for exemptions for lending to/
investments in connectedcounterparties .Amended: July 2011
October 2007CM-5.8.4
Each bank will be expected to justify to the CBB in the policy document its policy on
exposures to individualcounterparties , including the maximum size of anexposure contemplated.Amended: January 2011
October 2007CM-5.8.5
Exposures tocounterparties connected with the bank will continue to be particularly closely examined.October 07CM-5.8.6
The necessary control systems to give effect to a bank's policy on large
exposures must be clearly specified and monitored by its Board.Amended: July 2011
October 2007CM-5.8.7
Banks are required to implement appropriate internal systems and controls to monitor the size of their Total Capital on a daily basis to ensure that the limits detailed in this Module are not exceeded.
Amended: January 2015
October 07CM-5.9 CM-5.9 Concentrations in Geographic, Economic and Market Sectors
CM-5.9.1
The extent to which a bank may be prudently exposed to a particular geographic, economic and market sector will vary considerably depending upon the characteristics and strategy of the bank, and the sector concerned.
Amended: January 2011
October 2007CM-5.9.2
Concentrations should also be recognised in not just geographic and economic sectors, but also in markets (e.g. individual stock exchanges). The CBB will not apply common maximum percentages to banks' sectoral or market
exposures but, instead, will continue to monitor suchexposures on an individual and general basis.Amended: January 2011
October 2007CM-5.9.3
Banks must specify in their policy statements how they define geographic, economic and market sectors, and what limits apply to differing sectors.
Amended: January 2011
October 2007CM-5.9.4
Exposures and limits for sectors must be reviewed at least quarterly by the Board of Directors.Amended: July 2011
October 2007CM-5.9.5
Banks which have over 10% of their risk-adjusted assets in market risk (i.e. the trading book) must also set market risk concentration limits.
October 07CM-5.10 CM-5.10 Major Investments
Credit Risk and Investment Risk
CM-5.10.1
Where a bank acquires a holding of the
capital instruments of another entity, the concerned bank acquires risk in that entity. The riskexposure to a bank through theacquisition of capital is arguably greater than that acquired by providing a loan or other credit facilities in four ways:(a) The rights of a shareholder are subordinated to those of ordinary creditors in the event of liquidation of the concerned entity.(b) Loans and other shorter-term credit facilities have an explicit obligation on the borrower to repay the sum advanced or committed. Share capital has no such commitment (with the exception of some subordinated debt).Investments in the capital of an entity can only be realized by the sale of the concerned capital instruments to a third party, or by winding up the concerned entity.(c) A capitalinvestment in a third party entity (particularly where theinvestment is significant in size) is a pledge of capital to the concerned entity to fund its longer-term activities. The funds concerned are no longer available to be used by the investor bank to fund its activities.(d) There may be reputational and legal risk to the investing bank, particularly if the bank has a “control relationship” with the concerned entity.Added: January 2011CM-5.10.2
In view of the above, the supervisory treatment of
major investments requires special consideration which goes further than the monitoring of largeexposures of banks as outlined earlier in Chapter CM-5.Amended: October 2016
Added: January 2011CM-5.10.2A
[This Paragraph was moved to Paragraph CM-5.11.5 in October 2016]
Amended: October 2016
Amended: January 2015
Added: July 2014Initial Approval Requirement for Major Investments
CM-5.10.3
All
Bahraini conventional bank licensees must obtain the CBB's prior written approval before making a "major investment" (as described in CM-5.5.1E) in another commercial entity (whether incorporated inside or outside of Bahrain). [This Paragraph was moved to CM-5.10.3A, CM-5.10.3B, CM-5.10.3C and CM-5.10.3D in October 2016].Amended: October 2016
Amended: April 2015
Amended: January 2015
Amended: April 2014
Amended: July 2012
Amended: January 2012
Added: January 2011CM-5.10.3A
All
Bahraini Conventional bank licensees must obtain the CBB's prior written approval before any future increases in the bank's ownership of any of the existingmajor investments in excess of 5% of such exposure.Added: October 2016CM-5.10.3B
Where the percentage ownership increase is due to revaluation or change in the capital of the bank, the bank must provide a written notification to the CBB, outlining the percentage increase and the reason for such increase.
Added: October 2016CM-5.10.3C
Where a percentage ownership increase as described in Paragraph CM-5.10.3B occurs, the 800% risk weight rule will apply as it exceeds the single large exposure limit outlined in Section CM-5.5.
Added: October 2016CM-5.10.3D
Any bank wishing to acquire a "major investment" in another entity must address the points outlined in Paragraph CM-5.10.10 of this Section so that the CBB may make an informed review of the request. Banks must submit such request to the CBB and the CBB shall respond within 2 weeks from the date of receiving a complete set of all the required documents.
Added: October 2016CM-5.10.4
Any
major investment by aBahraini conventional bank licensee in the capital instruments of another entity must be included in the measure of an "exposure " for the purposes of Module CM, i.e. suchmajor investments must be aggregated with all other facilities to a client for the purpose of calculating the level of "largeexposures ".Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011CM-5.10.5
The CBB reserves the right to require
Bahraini conventional bank licensees to dispose of anymajor investments acquired without its prior approval. Where a "major investment " is acquired without approval of the CBB, then the entire value of the holding must be deducted from the consolidated Total Capital of the concerned bank. Approval will not be given for "major investments" in entities incorporated in jurisdictions where secrecy constraints exist or there are restrictions on the passage of information to the bank (other than customer confidentiality requirements imposed by financial regulators).Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011[This Section was deleted in October 2016.]
Deleted: October 2016CM-5.10.6
[This Paragraph was moved to Section CM-5.11 in October 2016]
Amended: October 2016
Amended: January 2015
Amended: April 2014
Amended: July 2012
Added: January 2011CM-5.10.7
[This Paragraph was moved to Section CM-5.11 in October 2016]
Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011CM-5.10.8
[This Paragraph was moved to Section CM-5.11 in October 2016]
Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011Other Requirements
CM-5.10.9
If a bank's
close links with another entity prevent effective supervision of the bank (or bank group), the CBB may refuse or revoke a license or require a bank to sell or otherwise dispose of entities within its corporate group, or to restructure the banking group.Added: January 2011CBB Criteria for Assessment of Major Investments by Bahraini Conventional Bank Licensees
CM-5.10.10
In assessing any proposed
major investment mentioned above, the CBB will take into account the following points:(a) The amount of the proposedmajor investment relative to the existing consolidated Total Capital of the bank;(b) Existing capital adequacy ratios on a consolidated basis and forecast ratios after themajor investment has gone ahead;(c) The adequacy of information flows from the investee company to the concerned bank;(d) Experience and fit and proper matters relating to the senior personnel associated with the proposedmajor investment ;(e) Risks associated with the proposedmajor investment ;(f) Disclosure and exchange of (supervisory) information (in the case of a foreignmajor investment );(g) Adequacy of host supervision (in the case of a foreignmajor investment );(h) Currentinvestments and concentrations inexposures of the concerned bank;(i) The compliance of the concerned bank with the CBB's rules and regulations (e.g. reporting issues), and the adequacy of internal systems and controls;(j) The extent of holdings by any other shareholders (holding 5% or more of the capital of the concerned entity) orcontrollers of the concerned entity;(k) Whether the proposed activities are in line with the Memorandum & Articles of Association of the bank;(l) The accounting treatment of the proposedmajor investment ;(m) Whether themajor investment relates to a closely-linked party, connected party, orcontroller in any way;(n) The existence of secrecy laws or constraints over supervisory access to the premises, assets, books and records of the concerned entity in which a "major investment " is being acquired;(o) The impact and extent of goodwill and intangibles upon the capital adequacy and balance sheet of the bank on a consolidated basis; and(p) The bank's existing and forecast liquidity position (as a result of themajor investment ) and how themajor investment is to be funded (e.g. by the issuance of new capital or sale of otherinvestments ).Amended: October 2016
Amended: April 2015
Amended: January 2015
Added: January 2011CM-5.11 CM-5.11 Limits on Significant Investments
CM-5.11.1
No
Bahraini conventional bank licensee may have a significant investment in the capital instruments of a commercial entity where the significant investment amount and any otherexposure to the subject entity is more than 15% of the concerned bank's consolidated Total Capital.Amended: October 2016CM-5.11.2
The total amount of a bank's significant investments in unconnected commercial entities may not exceed 60% of the concerned bank's consolidated Total Capital.
Amended: October 2016CM-5.11.3
Any excesses above the limits in Paragraphs CM-5.11.1 and CM-5.11.2 must be risk-weighted at 800% according to Paragraph CA-2.4.25.
Amended: October 2016CM-5.11.4
For purposes of this Section, 'significant investments' in a commercial entity is defined as any
investment in thecapital instruments of a commercial entity by aBahraini Conventional bank licensee which is equivalent to or more than 10% of the issued common share capital of the issuing commercial entity.Added: October 2016CM-5.11.5
This section refers to the treatment of investments in entities which are otherwise not connected to the concerned bank (i.e. the bank's connection to the entity is by way of shareholding or holding of other capital instruments). If a bank is investing in a company where there is a connection by way of mutual directors or mutual parent, or some other relationship that makes the investee a 'related party' as defined by IFRS, then the 'significant investment' must be treated as an exposure to a connected counterparty and the concerned limits and rules for exposures to connected counterparties apply.
Added: October 2016