• GR-5.3 GR-5.3 Suitability of Controllers

    • GR-5.3.1

      A controller of an Islamic bank licensee must satisfy the BMA of his suitability.

    • GR-5.3.2

      In assessing the suitability of controllers who are natural persons, BMA has regard to their professional and personal conduct, including, but not limited to, the following:

      (a) the propriety of a person's conduct, whether or not such conduct resulted in conviction for a criminal offence, the contravention of a law or regulation, or the institution of legal or disciplinary proceedings;
      (b) a conviction or finding of guilt in respect of any offence, other than a minor traffic offence, by any court or competent jurisdiction;
      (c) any adverse finding in a civil action by any court or competent jurisdiction, relating to fraud, misfeasance or other misconduct in connection with the formation or management of a corporation or partnership;
      (d) whether the person has been the subject of any disciplinary proceeding by any government authority, regulatory agency or professional body or association;
      (e) the contravention of any financial services legislation or regulation;
      (f) whether the person has ever been refused a license, authorisation, registration or other authority;
      (g) dismissal or a request to resign from any office or employment;
      (h) disqualification by a court, regulator or other competent body, as a Director or as a manager of a corporation;
      (i) whether the person has been a Director, partner or manager of a corporation or partnership which has gone into liquidation or administration or where one or more partners have been declared bankrupt whilst the person was connected with that partnership;
      (j) the extent to which the person has been truthful and open with regulators; and
      (k) whether the person has ever been adjudged bankrupt, entered into any arrangement with creditors in relation to the inability to pay due debts, or failed to satisfy a judgement debt under a court order.

    • GR-5.3.3

      In addition, the following criteria are also taken into consideration:

      (a) the financial resources of the person and the likely stability of their shareholding;
      (b) existing directorships or ownership of more than 20% of the capital or voting rights of any financial institution in the Kingdom of Bahrain or elsewhere, and the potential for conflicts of interest that such directorships or ownership may imply;
      (c) the interests of depositors, creditors and shareholders of the licensee; and
      (d) the interests of Bahrain's banking and financial sector.

    • GR-5.3.4

      In assessing the suitability of corporate controllers, BMA has regard to their financial standing, judicial and regulatory record, and standards of business practice and reputation, including, but not limited to, the following:

      (a) the financial strength of the controller, its parent(s) and other members of its group, its implications for the Islamic bank licensee and the likely stability of the controller's shareholding;
      (b) whether the controller or members of its group have ever entered into any arrangement with creditors in relation to the inability to pay due debts;
      (c) the controller's jurisdiction of incorporation, location of Head Office, group structure and close links, and the implications for the Islamic bank licensee as regards effective supervision of the Islamic bank licensee and potential conflicts of interest;
      (d) the controller's (and other group members') propriety and general standards of business conduct, including the contravention of any laws or regulations, or the institution of disciplinary proceedings by a government authority, regulatory agency or professional body;
      (e) any adverse finding in a civil action by any court or competent jurisdiction, relating to fraud, misfeasance or other misconduct;
      (f) any criminal actions instigated against the controller or other members of its group, whether or not this resulted in an adverse finding; and
      (g) the extent to which the controller or other members of its group have been truthful and open with regulators and supervisors.

    • GR-5.3.5

      In addition, the following criteria are also taken into consideration:

      (a) the interests of investment account holders, depositors, creditors and shareholders of the licensee; and
      (b) the interests of Bahrain's banking and financial sector.