Non-market Price Transactions
BC-8.9.8
Conventional bank licensees must not enter into a non-market price transaction in any capacity, with or for acustomer , if it has reasonable grounds to suspect that thecustomer is entering into the transaction for an illegal or improper purpose.Added: April 2008BC-8.9.9
For the purposes of Paragraph BC-8.9.8, a non-market price transaction is one where the price paid by the
conventional bank licensee , or itscustomer , differs from the prevailing market price. With respect to transactions infinancial instruments traded on alicensed exchange , licensees are reminded that in Bahrain the law prohibits off-market transactions.Amended: January 2011
Added: April 2008BC-8.9.10
For the purposes of Paragraph BC-8.9.8, examples of improper purposes for transactions include:
(a) The perpetration of a fraud;(b) The disguising or concealment of the nature of a transaction or of profits, losses or cash flows;(c) Transactions which amount to market abuse;(d) High-risk transactions under the Anti Money Laundering Regulations; and(e) "Window dressing", in particular around the year end, to disguise the true financial position of the person concerned.Added: April 2008BC-8.9.11
Rule BC-8.9.8 does not apply to a non-market-price transaction if it is subject to the rules of a recognised investment exchange.
Added: April 2008