CM CM Credit Risk Management (June 2022)
CM-A CM-A Introduction
CM-A.1 CM-A.1 Purpose
CM-A.1.1
The purpose of this Module is to provide a checklist of the key elements of a sound credit risk management system which supervisors can expect their banks to observe. This requirement is supported by Article 44(c) of the Central Bank of Bahrain and Financial Institutions Law (Decree No. 64 of 2006).
October 07CM-A.1.2
This Module provides support for certain other parts of the Rulebook, mainly:
(a) Principles of Business;(b) CBB Reporting Requirements;(c) Audit Firms;(d) Public Disclosure;(e) High-level Controls; and(f)Capital Adequacy .October 07Legal Basis
CM-A.1.3
This Module contains the Central Bank of Bahrain's (CBB's) Directive (as amended from time to time) relating to the credit risk management of
Islamic bank licensees , and is issued under the powers available to the CBB under Article 38 of the CBB Law. The Directive in this Module is applicable to allIslamic bank licensees .Amended: January 2011
October 2007CM-A.1.4
For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.
October 07CM-A.2 CM-A.2 Key Requirements
CM-A.2.1
Overseas Islamic bank licensees are expected to maintain provisions against potential credit losses on their books in Bahrain. Head offices of banks that do not wish to maintain provisions on books of theirbranch (es) in Bahrain must advise the CBB, on an annual basis and in writing, of the amount of provisions set aside for the bad debts of Bahrainbranch (es).Amended: April 2014
Amended: July 2011
Amended: January 2011
October 2007CM-A.2.2
The CBB requires all
Bahraini Islamic bank licensees to set out their policy 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 (see Section CM-4.7).Amended: April 2014
Amended: July 2011
Amended: January 2011
October 2007CM-A.2.2A
The CBB requires that any large
exposure , as defined in Paragraph CM-4.4.1, must be priorly approved by the bank's Board of Directors (see Paragraph CM-4.4.3A).Added: January 2017CM-A.2.3
The aggregate of large
exposures may not exceed 800% of the bank's consolidated Total Capital (see Paragraph CM-4.4.4). A bank may not incur a combinedexposure (funded by unrestricted investment accounts and the bank's own funds) to an individualcounterparty or group of closely relatedcounterparties which exceeds 15% of the reporting bank's consolidated Total Capital (see Paragraph CM-4.4.5).Amended: January 2015
Amended: April 2014
October 07CM-A.2.4
The aggregate
exposures to all connectedcounterparties when taken together, may not exceed the limit as stated in Paragraph CM-4.4.13 of consolidated Total Capital.Amended: January 2015
Amended: April 2011
October 2007CM-A.2.5
No Islamic financing provided by a bank to its own external auditors shall be permitted.
October 07CM-A.2.6
All
Bahraini Islamic bank licensees are required to report (for the attention of the Director of Islamic Financial Institutions Supervision Directorate) all largeexposures , (whether exempt or not) on a quarterly basis using the Form PIR provided in Appendix BR-5 (see Section CM-4.6).Amended: April 2014
Amended: October 2009
October 2007CM-A.2.7
The CBB's prior written consent must be obtained for any credit facility to an employee where the amount of such facility, either singly or when added to an existing facility/existing facilities outstanding to that employee at that date, would be equal to or in excess of BD 100,000 (or its equivalent) (see Section CM-5.1).
Amended: April 2014
Amended: July 2011
Amended: January 2011
October 2007CM-A.2.8
The CBB requires that banks only provide a new consumer facility (or renew, extend or otherwise modify an existing consumer facility) for an amount such that the counterparty's total monthly repayments on all his consumer finance commitments do not exceed 50% of his monthly gross income (see Section CM-7.4).
Amended: April 2014
Amended: July 2011
October 2007CM-A.2.9
[This Paragraph was deleted in April 2014 as this requirement has been moved to Module BC.]
Deleted: April 2014
CM-A.2.10
The CBB's prior written consent must be obtained before writing off any credit facility provided to senior employee/officer/Director of the reporting bank or other bank(s) who fails to discharge his/her repayment obligations to the reporting bank (See Section CM-7.1 for details).
Amended: July 2011
Amended: January 2011
October 2007CM-A.2.11
All
Bahraini Islamic bank licensees must notify the CBB of any write-off of a credit facility, (i.e. Murabaha or any other credit facility) of an amount in excess of BD 100,000 (or its equivalent). Chapter CM-6 contains Rules relating to the write-off of credit facilities.Amended: April 2014
Amended: January 2013
Amended: July 2011
Amended: January 2011
October 2007CM-A.2.12
All banks which provide credit to residents of Bahrain must become members of the Credit Reference bureau and follow the CRB Code of Practice (see Paragraph CM-1.2.4).
Amended: April 2014
October 07CM-A.2.13
All banks are required to follow the CBB’s requirements concerning refund of insurance on financing prepayments and top-ups and early repayment fees/charges as outlined in Section CM-7.6.
Added: April 2008CM-A.3 CM-A.3 Module History
CM-A.3.1
This Module was first issued on 1st January 2005 as part of the Islamic principles volume. 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 07CM-A.3.2
A list of most recent changes made to this Module are detailed in the table below:
Summary of Changes
Module Ref. Change Date Description of Changes CM-2.2 1/10/05 Role of Internal audit becomes a rule CM-7.4 1/10/05 Clarification re non-compliant facilities CM-A.1 10/2007 New Rule CA-A.1.4 introduced, categorising this Module as a Directive. CM-7 10/2007 New Requirement to follow the "Code of best Practice on Consumer Credit and Charging CM-1.2 10/2007 Membership of CRB CM-4.2 10/2007 Clarification of definition of exposure CM-8 10/2007 Re-organised the Chapter. CM-4.4 & 6.1 04/2008 New Limits for significant shareholders and guidance on write-offs CM-7.6 04/2008 New Insurance Refund and prepayment requirements CM-4.6 10/2009 New reporting arrangements for exposures of connected counterparties. CM-A.1.3 01/2011 Clarified legal basis. CM-4 01/2011 Changes made to incorporate CP-5 and large exposures requirements.CM-A.2.4 04/2011 Corrected cross reference in line with new limits introduced in January 2011. CM-4.2.1(c), CM-4.5.1 04/2011 Corrected cross reference. CM 07/2011 Various minor amendments to clarify Rules and have consistent language. CM-4.4.10 07/2011 Amended the definition of connected counterparties. CM-7.5.3 10/2011 Clarified reference to APR. CM-7.5.9 and CM-7.5.10 10/2011 Corrected elements of APR formula. CM-7.5.12 10/2011 Deleted Paragraph as it does not reflect current practice on residual interest. CM-4.4.1E 01/2012 Amended definition of qualifying holdings CM-4.5 01/2012 Clarified and amended the Rules on temporary exposures. CM-4.9.3 01/2012 Clarified the Rule on future increases in qualifying holdings. CM-7.4.9 01/2012 Changed Rule to Guidance. CM-4.5.2E and CM-4.5.2F 04/2012 Clarified Rule on temporary exposures. CM-A.2.9 07/2012 Updated reference to Bahrain Association of Banks. CM-4.4.7 07/2012 Clarified the definition of 'controlling interest'. CM-4.4.8A 07/2012 CBB prior approval required for excess over limits to connected counterparties. CM-4.4.10 07/2012 Minor corrections. CM-4.9.3 07/2012 Amendment made to be in line with updated definition of qualifying holdings. CM-7.5.4 07/2012 Minor typo corrected. CM-7.5 10/2012 This Section was deleted and requirements are now included in Section BC-4.2. CM-A.2.11 01/2013 Clarified Rule related to the write-off of a credit facility. CM-4.4.13A 07/2013 Clarified Rule on the amount that must be deducted from the capital base where exposure exceeds the limit stipulated. CM-7.6.2 07/2013 Clarified the type of mortgages on which the CBB imposes a ceiling on early repayment fees and/or charges. CM-1.2.4 10/2013 Amended to reflect the expanded scope of activities of the Credit Reference Bureau and the membership requirements. CM-7.4.4 10/2013 Updated reference to Eskan Bank to reflect new name. CM-1.2.4 01/2014 Clarified Rule to apply to credit facilities to residents in Bahrain. CM-A.2, CM-4 and CM-8.1.19 04/2014 Added cross references and corrected terminology to link to Glossary items. CM-5.1.1A 04/2014 Clarified Rules on staff loans. CM-7.2.4 04/2014 Reference updated for the code of best practice on consumer credit and charging. CM-4.9.2A 07/2014 Added a guidance Paragraph to clarify the treatment of investments in commercial entities which are otherwise not connected to the bank. CM-A.2 and CM-4 01/2015 Corrected to be aligned with updated requirements under module CA. CM-4.4.2 01/2015 Added reference to transactions subject to the regulation on close-out netting under a market contract. CM-4.4.1B 01/2015 Corrected cross reference. CM-4.4.1E 04/2015 Deleted cross reference as not applicable. CM-4.4.13 04/2015 Clarified that RIAs are excluded. CM-4.4.5, CM-4.5.2B, CM-4.5.9 and CM-4.9.10 04/2015 Corrected reference to consolidated Total Capital to be in line with Module CA. CM-4.6.1 04/2015 Added reference to Appendix BR-19 for reporting the financial details of each large exposure. CM-4.9.3 04/2015 Clarified language on the treatment of significant investments over the thresholds outlined in Paragraph CA-2.4.25. CM-4.6.1, CM-4.6.1A and CM-4.6.1B 07/2015 Clarified the reporting requirements of exposures. CM-6.1 10/2015 Amended Rules on write-offs. CM-4.4.1E 10/2016 Amended definition of 'Major investments'. CM-4.9 10/2016 Amended 'Acquisitions' to be 'Investments' CM-4.9.3 10/2016 Amended Major Investments approval CM-4.9.4 10/2016 Changed 'major acquisition' to 'major investment'. CM-4.9.5 10/2016 Changed 'significant investment' to 'major investment' CM-4.9.6 10/2016 Moved to new section CM-4.10 CM-4.9.7 10/2016 Moved to new section CM-4.10 CM-4.9.8 10/2016 Moved to new section CM-4.10 CM-4.9.10 10/2016 Changed 'acquisitions' to 'major investments'. CM-4.10 10/2016 New Section — 'Limits on Significant Investments' CM-6.1 10/2016 Amended the 'Write-offs' Section CM-7.4.5 10/2016 Amendments to clarify the Rule CM-A.2.2A
CM-4.4.3A01/2017 Added a new requirement on Large Exposures. CM-4.4.6A
CM-4.4.10B01/2017 Added Paragraphs on closely related counterparties and connected counterparties. CM-3.6 07/2017 Added new Section on 'Country and Transfer Risks'. CM-7.6.2 04/2018 Deleted Paragraph on "Early Repayment Fees/Charges". CM-7.4.10 10/2019 Amended Paragraph on non-compliant facilities. CM-4.5.2D 01/2020 Amended Paragraph on approval of the banks policies and procedures. CM-1.2.6 07/2020 Added a new Paragraph on CRB members requirements. CM-1.2.7 07/2020 Added a new Paragraph on compliance with CBB Law. CM-7.4.10 07/2021 Amended submission of technically non-compliant facilities report. CM-7.4.10 01/2022 Amended Paragraph on submission of technically non-compliant facilities report. Evolution of the Module
CM-A.3.3
Prior to the development of this Rulebook, the CBB had issued various circulars representing regulations covering different aspects of credit risk management. These circulars and their evolution into this Module are listed below:
Circular Ref. Date of Issue Module Ref. Circular Subject BC/3/98 21 Feb 1998 CM-B.2 Basel Committee on Banking Supervision Framework for the Evaluation of Internal Controls Systems BC/117/95 (partial) 1 Feb 1995 CM-1 - CM-3 Risk Management OG/127/01 18 Mar 2001 CM-2 Developing a Sound Credit Culture OGD/27/88 9 Feb 1988 CM-3.4 Provisions Against Country Debt PIRI Pack - - - - - CM-4 Prudential Information Returns for Islamic Financial Institutions EDBC/178/96 5 Oct 1996 CM-5 Islamic Facilities OG/45/88 13 Mar 1988 CM-6.1 Write-Off - Credit Facility OG/50/92 (partial) 4 Mar 1992 CM-07.1 - CM-7.2 Consumer Finance PIRI Pack - - - - - CM-8 Prudential Regulations for Islamic Financial Institutions EDBC/105/96 26 June 1996 CM-8.3 Mudaraba Contracts - Minimum Terms and Conditions BC/4/99 17 Mar 1999 CM-9.1 Annual Accounts for the Year Ending 31 December 1999 Amended: January 2011
October 2007Effective Date
CM-A.3.4
The contents in this Module are effective from the date depicted in the original circulars (see Paragraph CM-A-3.3) or the dates given in the summary of changes above.
October 07CM-B CM-B General Guidance and Best Practice
CM-B.1 CM-B.1 Guidance Provided by Other International Bodies
Basel Committee: Principles for the Management of Credit Risk
CM-B.1.1
The paper (see www.bis.org/publ/bcbs75.pdf) which contains 17 principles, encourages banking supervisors globally to promote sound practices for managing credit risks in banking activities.
October 07CM-B.1.2
Throughout the Module, references have been made to this paper and it is recommended that the regulations in this Module be followed in conjunction with the guidelines presented in this paper.
October 07Counterparty Risk Management Policy Group (CRMPG): Improving Counterparty Risk Management
CM-B.1.3
The objective of this report (see www.isda.org/educat/pdf/CRMPG-report6-99.pdf), which was developed by a committee of market practitioners in the wake of the 1998 market disruptions, discusses
counterparty credit risk and market risk management practices and how they can be enhanced.October 07CM-B.1.4
The report covers four subject areas: transparency and
counterparty credit assessments; risk measurement, management, and reporting; market practices and conventions; and regulatory reporting.October 07CM-B.1.5
Of particular interest to risk managers is guidance provided in two areas, one on liquidity risk and leverage, and the other on
counterparty creditexposure estimation.October 07Basel Committee: Framework for Internal Controls Systems in Banking Organisations
CM-B.1.6
The paper (see www.bis.org/publ/bcbs40.pdf) issued in September 1998 presents the first internationally accepted framework for supervisors to use in evaluating the effectiveness of the internal controls over all on- and off-balance-sheet activities of banking organisations.
October 07CM-B.1.7
The paper describes elements that are essential to a sound internal control system, recommends principles that supervisors can apply in evaluating such systems, and discusses the role of bank supervisors and external auditors in this assessment process.
October 07CM-1 CM-1 General Procedures
CM-1.1 CM-1.1 Overview
CM-1.1.1
Credit risk is the likelihood that
counterparty of the bank will not meet its obligations in accordance with the agreed terms. The magnitude of the credit risk depends on the likelihood ofdefault by thecounterparty , and on the potential value of the bank's contracts with the customer at the time ofdefault . Credit risk largely arises in assets shown on the balance sheet, but it can also show up off the balance sheet in a variety of contingent obligations.October 07CM-1.1.2
Exposure to credit risk, notably in the form of traditional bank financing, has historically been the most frequent source of bank problems. The assessment of credit risk is a challenging task where bankers are often faced with making decisions based on outdated or partial information.October 07CM-1.1.3
The lack of continuous credit supervision and effective internal controls, or the failure to identify abuse and fraud are also sources of risk. The overall lending policy of the bank should be monitored by a Credit Committee composed of officers with adequate seniority and experience.
October 07CM-1.2 CM-1.2 Credit Analysis
CM-1.2.1
Proper credit risk management will help banks to discipline their lending activities and ensure that credit facilities are granted on a sound basis, and that bank funds are invested in a profitable manner. The process of managing credit risk starts at the origination of the credit facility. Standards for credit analysis should stress the borrower's ability to meet his future financial needs through analysis of his cash-flow generation capacity.
October 07CM-1.2.2
Measurement of credit risk is complicated by the fact that both credit
exposures and the likelihood ofdefault can vary over time and may be interdependent. The creditworthiness of customers shifts, as reflected in credit rating upgrades and downgrades. Customers that originally are highly rated are more likely todefault later in a credit facilities' life than earlier.October 07CM-1.2.3
Banks should properly assess the inherent risk factor of each credit facility; monitor the risks arising from any portfolio concentration; and ensure that appropriate precautions against losses have been taken in the form of
collateral and/or provisioning as described in Chapter CM-2.October 07CM-1.2.4
Banks which provide credit facilities to residents in Bahrain must become members of the Credit Reference Bureau (CRB). All requests for new credit facilities in Bahrain must be submitted to the CRB.
Amended: January 2014
Amended: October 2013
October 07CM-1.2.5
All CRB members must fully abide by the agreed Code of Practice of the CRB (see Appendix CM-3), in matters such as the protection of confidential customer data and payment of enquiry fees. Any such breaches will be viewed as calling into question the "fit and proper status" of persons involved, potentially making the licensee and the person liable to enforcement action by the CBB.
October 07CM-1.2.6
All CRB members must meet the following requirements and incorporate them into their policies and procedures:
a) Establish an electronic monitoring system to detect, monitor and maintain records and a log of all access to CRB data by the CRB member’s employees;b) Conduct a monthly internal audit on the access logs to identify unauthorised access to CRB data by any employee without securing customer consent and report to the CBB any observed violation of Article 68(bis(2)) of CBB Law;c) Require the sign off of a CRB member’s designated employee on their legal obligations concerning the confidentiality of CRB data and that any violation of Article 68(bis(2)) of CBB Law would subject them to an enforcement action in accordance with CBB Law; andd) Cover compliance with the above requirements in the performance appraisal of relevant employees.Added: July 2020CM-1.2.7
Failure to comply with Article 68(bis(2)) of the CBB Law and Paragraph CM-1.2.6 may result in an enforcement action taken against the CRB member, as well as the relevant employee in accordance with CBB Law.
Added: July 2020CM-1.3 CM-1.3 Credit Policy
CM-1.3.1
A properly documented credit policy is an essential element of and prerequisite for the credit risk management process. Consistent with the Board's objectives, it assists bank management in the maintenance of proper credit standards and the avoidance of unnecessary risks.
October 07CM-1.3.2
It is prudent to review the credit policy regularly to ensure that once it is established, it remains flexible enough to be current and continues to accomplish its original purpose taking into consideration market developments.
October 07CM-1.3.3
Explicit guidelines in credit policy provide the basis for effective credit portfolio management. A sound credit policy should consider which types of credit products and borrowers the bank is looking for and the underwriting standards the bank will utilize.
October 07CM-1.3.4
A bank's credit policy should address all credit matters of significance including:
(a) Objectives of credit monitoring;(b) Organisation and reporting structure of the credit department;(c)Designated markets and products;(d) Establishment of a credit limit framework;(e) Guidelines for assessment of concentration;(f) Authorisation procedures for the advancement of credit;(g) Establishment of credit committees;(h) Establishment of desirable pricing levels and criteria; and(i) Problem credit identification and administration.Amended: January 2011
October 2007CM-1.3.5
After the credit facility has been granted, its performance should be monitored at regular intervals. This includes an appropriate periodic review of financial statements, a reassessment of
collateral and update of appraisals, and attentive monitoring of conditions in the borrower's industry. Credit supervision constitutes the first line of detection of difficulties and provides the bank with an opportunity to address problems before losses are sustained.October 07CM-2 CM-2 Developing a Sound Credit Culture
CM-2.1 CM-2.1 Overview
CM-2.1.1
Credit culture is defined as the sum total of a bank's approach to managing credit risk, including business strategy, credit policy, shared assumptions about credit, the effectiveness of communications, and the composition and quality of the resulting credit portfolio.
October 07CM-2.1.2
As a matter of best practice, all banks should periodically review their credit cultures in order to reduce future credit losses and also to minimise
reputational risk and damage to their credit ratings.October 07CM-2.1.3
The CBB draws all licensed banks' attention to the September 2000 document issued by the
Basel Committee entitled 'Principles for the Management of Credit Risk'. This document contains 17 principles which all banks should ensure are covered in their credit culture (i.e. policies, procedures, systems and controls) (see www.bis.org/publ/bcbs75.pdf).Amended: January 2011
October 2007CM-2.1.4
Effective from the date of the original circular (see Section CM-A-3), the CBB has used the Basel document mentioned above as a guideline in its evaluation of the credit cultures of banks operating in Bahrain. Evaluation is conducted through prudential meetings, inspection and reporting accountants' reviews.
Amended: January 2011
October 2007CM-2.2 CM-2.2 Elements of a Strong Credit Culture
CM-2.2.1
First, the regulation in this Section is recommendatory in nature (except for the requirements in Paragraph CM-2.2.2 (a)&(e) below), and the guidelines below under the five headings are indicative of best practice. Some of the guidelines may not be appropriate to all relevant licensees. However, if a bank is not following these guidelines, it should consider why it is not doing so.
October 07CM-2.2.2
Secondly, the regulation in this Section is intended as a complement to the September 2000 Paper by the
Basel Committee entitled 'Principles for the Management of Credit Risk' (see Section CM-B.2). This Section does not summarise the Basel Paper, but is intended to be read in conjunction with the above Paper.(a) The Role of the Board of Directors
The Board of Directors must approve all the operating policies of a bank (see principle 1 ofBasel Committee paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2).
Given that credit risk is still the major risk that banks are exposed to in their business, particular scrutiny must be paid to credit policies, in terms of various limits as well as in terms of risk strategy. An essential function of the Board is to review and reassess the credit policies of the bank (includingcollateral , provisioning policies and concentration policies) on a periodic basis. The Board should also regularly review overdue and large facilities both in terms of performance, and also in relation to the capital (base) of the bank. The Board should insist upon periodic review/evaluation of internal systems and control weaknesses identified by external/internal auditors and management. Principle 1 of theBasel Committee paper 'Principles for the Management of Credit Risk' (see Section CM B-2) also gives greater detail on the role of the Board in developing a sound credit culture.(b) The Role of the senior management
Senior Management should be involved in regular reviews of outstanding facilities and overdue accounts as well as reviewing changes in activity, turnover or balances in clients' accounts. The role of senior management is covered in depth in Principle 2 ofBasel Committee paper 'Principles for the Management of Credit Risk' – Section CM-B.2 (see also Principle 3 ofBasel Committee paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2). However, Senior Management should be involved in the credit review process of (larger) existing facilities, visiting clients, requesting up to date financial statements and verifyingcollateral . Too often, a lack of direct contact by senior management with a problem client has been an identified factor in significant credit losses by banks, whether by way of fraud, or corporate failure.(c) Role of an Independent Risk Management Function
Perhaps the key point to emphasise in Risk Management is that the function must be independent of the senior management and operational functions which are related to business acquisition. The Risk Management function should report to the Board or to senior management related to control functions. The Risk Management function must not only monitor risk, but also control it (i.e. review limits, excesses etc). It must also ensure that risk monitoring systems accurately measure risk in the first place, and that all risks where they occur are, correctly identified (see also Principle 6 ofBasel Committee paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2).(d) Effective Internal Systems and Controls
Well implemented sound policies and procedures maintain credit standards, enable monitoring and control of credit risk, and identify problem credits in a timely manner (see Principle 2 ofBasel Committee paper 'Principles for the Management of Credit Risk' – Section CM-B.2 for more detail). Sound policy and administrative requirements also apply equally strongly to existing facilities as well as new ones (see Principle 8 ofBasel Committee paper 'Principles for the Management of Credit Risk' – Section CM-B.2). Policies and procedures should allow a thorough understanding of thecounterparty , the purpose of the credit facility and the source of repayment (Principle 4 ofBasel Committee paper 'Principles for the Management of Credit Risk' – Section CM-B.2) to be gained by the Risk Management function in its assessment of thecounterparty for risk profiling purposes, (see also Principle 6 ofBasel Committee paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2 and Section E of the paper issued by theCounterparty Risk Management Policy Group - 'ImprovingCounterparty Risk Management' – see Section CM-B.2). Banks should seek to utilise internal rating systems to manage credit risk and to set adequate provisions on a timely basis (see Principle 10 ofBasel Committee paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2).(e) The Role of Internal Audit
Internal audit function must, on an on-going basis, monitor the system of internal controls because it provides an independent assessment of the adequacy of, and compliance with, the established policies and procedures. Internal audit function must report directly to the highest levels of the banking organisation, typically the Board of Directors or its audit committee, and to senior management. This allows for the proper functioning of corporate governance by giving the Board information that is not biased in any way by the levels of management that the reports cover.Amended: October 2011
October 2007CM-2.3 CM-2.3 Name-financing
CM-2.3.1
Banks are exposed to credit risk when they provide large credit facilities on a 'clean' basis (i.e. without
collateral orsecurity ). This risk is amplified, specifically, when such clean name financing is made without adequate (up to date) financial information.October 07CM-2.3.2
In many banks there is a tendency to indulge in '
name-financing ' without any credit analysis or understanding of the concernedcounterparty 's current outstanding facilities from other banks. The CBB strongly discourages the banks to engage in such activities in order to minimise their credit risk and reputation risk.Amended: January 2011
October 2007CM-3 CM-3 Assessment of Credit Quality
CM-3.1 CM-3.1 Overview
CM-3.1.1
A realistic assessment of credit quality is an essential feature of effective credit risk management. The starting point for a systematic review of credit quality is a comprehensive review of the bank's written credit policies and practices. These include, but are not limited to:
(a) Credit approval procedures;(b) Credit underwriting criteria; and(c) Credit administration process.Amended: January 2011
October 2007CM-3.1.2
Credit quality is a relative concept based on performance prospects and external variables. Trends in the economy, and changes in markets and prices of goods affect the evaluation of credit facility repayment value. Assessing credit risk is a dynamic concept which needs to take into account the business cycle and the economic environment.
October 07CM-3.1.3
The objectives of the credit assessment are to determine:
(a) Whether the applicant / customer will have sufficient future liquid resources to honour credit obligations according to the agreed terms;(b) Whether the applicant's / customer's present and future prospects indicate that they will continue as agoing concern in the foreseeable future;(c) Is the applicant / customer of sufficient integrity; and(d) To what extent does anysecurity offered affect the risk inherent in the facility.Amended: January 2011
October 2007CM-3.1.4
To help improve prudential oversight of credit quality, the CBB, in this Module, seeks to establish a set of broad rules that are useful in identifying and containing the impact of impaired assets within banks.
Amended: January 2011
October 2007CM-3.2 CM-3.2 Credit Grading System
CM-3.2.1
The banks should have in place appropriate credit grading systems (classification) to help assess asset quality and credit exposures including performing receivables.
October 07CM-3.2.2
Credit grading systems offer a number of benefits. Analysis of a bank's entire book can reveal important insights to bank's management in the functioning and ultimately the health of the bank. Credit grading systems provide the means for a more systematic assessment of asset quality. They are particularly useful in assisting in the early detection of asset quality problems within a bank by highlighting credit with above normal risks.
October 07CM-3.2.3
The CBB does not favour the imposition of a standard credit grading system for all banks. Instead, the CBB will rely, wherever possible, upon the credit grading system adopted by each bank. This preference reflects the fact that banks generally have devoted significant resources to developing grading systems that best fit their individual product mix.
Amended: January 2011
October 2007CM-3.2.4
Each bank is hence required to provide to the CBB a statement of its current policy in respect of its credit grading system (including definitions used to classify
exposures ). Banks that do not intend to implement a credit grading system should indicate to the CBB their reason for not doing so. The CBB expects to have the endorsement of the Board of the bank concerned.Amended: January 2011
October 2007CM-3.2.5
Banks looking to implement a credit grading system, or to update their current system, should consider the following points:
(a) The system should cover a broad range of the bank's asset portfolio, including unrestricted investment accounts, restricted investment accounts and other off-balance sheetexposures ;(b) The system should cover both performing and impaired assets - it is common for grading systems to have sufficient range of grades, coveringexposures with the lowest risk to those where losses are expected;(c) Banks should detail credit grading system in a credit policy statement, and should develop procedures for the determination and regular review of the credit risk grades;(d) Banks should establish formal forums in the form of committees to review the compliance with the credit policy parameters and the concentration ofexposure attributable to various economic and industrial sectors in accordance with the credit policy;(e) Particular attention should be given to those facilities which involve a higher than normal risk, or which are impaired;(f) It is imperative that the policies relating to the provisioning for Islamic banks should be clearly laid down, fully identifying provisions relating to assets financed by own funds and those by theinvestment account holders; and(g) Facilities should, at minimum, include four categories along the following lines:(i) 'Standard credits' are those, which are performing, as the contract requires. There is no reason to suspect that the creditor's financial condition or collateral adequacy has depreciated in any way. The bank is very likely to extend additional funds to this borrower if requested (subject to internal or legal credit restrictions);(ii) 'Substandard credits' are inadequately protected by the paying capacity of the obligor or by the collateral pledged. They are characterized by the distinct possibility that the bank will sustain some loss if the deficiencies are not corrected. Loss potential, while existing in the aggregate amount of Substandard assets does not have to exist in individual assets classified Substandard;(iii) 'Doubtful credits' have all the weaknesses inherent in a credit classified as Substandard with the added characteristic that the weaknesses make collection or liquidation in full, on the basis of currently existing facts, conditions, and values, highly questionable or improbable. The possibility of Loss is extremely high, but because of certain important and reasonably specific pending factors which may work to the advantage and strengthening of the asset, its rating as an estimated Loss is deferred until its more exact status may be determined; and(iv) 'Loss credits' are considered uncollectible and of such little value that their continuance as assets is not warranted. The rating does not mean that the asset has absolutely no recovery or salvage value, but rather that it is not practical or desirable to defer writing off this basically worthless asset even though partial recovery may be affected in the future.Amended: April 2011
October 2007CM-3.3 CM-3.3 Impairment of Assets and Provisioning
Impairment of Assets
CM-3.3.1
Banks are required to place on a non-accrual basis any facility where there is reasonable doubt about the collectability of the receivable irrespective of whether the customer concerned is currently in arrears or not. This acknowledges the reality that recognition of impaired assets will have a high degree of subjectivity attached to it.
October 07CM-3.3.2
Impaired assets should be classified into one of the following categories:
(a) Non accrual items;(b) Restructured items; or(c) Other assets acquired through security enforcement, including 'other real estate owned'.October 07CM-3.3.3
For the purpose of this Module, the following definition of non-accrual items applies:
(a) Financing facilities andinvestments where there is reasonable doubt about the ultimate collectability of principal within a time frame established by the bank. Non-accruals would include all facilities against which a specific provision has been established, or a write-off taken even if the facility is not in breach of contractual requirements. Refer to AAOIFI's FAS 11 on recognition of provisions and reserves; and(b) Financing facilities andinvestments , not included in (a), where contractual payments of the principal are 90 or more consecutive days in arrears, and where the 'fair value' of security is insufficient to cover repayment. In line with the principles outlined above, a facility should be classified as non-accruing earlier than 90 days where it is evident that full, or partial repayment of the amount is unlikely even though the full extent of the loss cannot be clearly determined.Amended: April 2012
October 07Provisioning
CM-3.3.4
Banks must maintain an adequate level of provisioning against the impairment of assets and problem exposures if their earnings and capital adequacy are to be measured correctly.
October 07CM-3.3.5
As a general rule, where there is a doubt about the collectability of a receivable, and security exists, provisions should equal the carrying value of the receivable less the net current market value of security.
October 07CM-3.3.6
Provisions of either type (specific or general) are made in relation to receivables, financing and investment assets in cases where there is doubt regarding collectability or an impairment of value. Refer to AAOIFI's FAS 11: Provisions and Reserves.
October 07CM-3.3.7
Provisioning should be carried in the respective books including bank's own books, unrestricted investment account holders' books and restricted investment account holders' books.
October 07CM-3.3.8
A general provision is an amount set aside to reflect a potential loss that may occur as a result of currently unidentifiable risks in relation to receivables, financing or investment assets. The amount reflects estimated losses affecting these assets attributable to events that have already occurred at the date of the statement of financial position, and not estimated losses attributable to future events.
October 07CM-3.3.9
The policy for provisioning should clearly contain provisions for segregating provisions relating to assets financed by own funds and those financed by investment account holders. In devising the policy, reference should be made to the Mudaraba contract.
October 07CM-3.3.10
A specific provision is an amount set aside to reflect an estimated impairment of value of a specific type of asset. In the cases of investment assets, it is the amount needed to write the assets down to cash equivalent value if this is lower than cost. Refer to AAOIFI's FAS 11: Provisions and Reserves.
October 07CM-3.4 CM-3.4 Provisions Against Sovereign Credit
CM-3.4.1
The CBB has consistently encouraged banks to maintain adequate provisions against credits to borrowers experiencing difficulties and against credits for countries with current or potential credit servicing difficulties.
Amended: January 2011
October 2007CM-3.4.2
In all cases the assessment of credits - and decisions regarding adequate provisions - are assisted by the categorization of credits as defined by the CBB in Section CM-3.2. In addition, with regard to '
sovereign credit ' it is particularly important that the size of the provisions made should be based on the identification and objective assessment of the nature and extent of difficulties being experienced by particular countries and reflect as near as possible deterioration in the prospects for recovering credits. With these objectives in mind, the Sovereign Credit Provisioning Matrix (see Appendix CM-1) contains a list of measurements which have been designed to help identify those borrowers and countries with payment difficulties and to decide what would constitute adequate provisions.Amended: January 2011
October 2007CM-3.4.3
It is emphasized that this Section and the Sovereign Credit Provisioning Matrix (see Appendix CM-1) are merely a general framework for assessing degrees of provisions. They should not be regarded as an exhaustive or definitive framework. Nevertheless, the CBB does intend to include the results of banks' calculations in its discussions with them, and to establish that adequate provisions are being made.
Amended: January 2011
October 2007Implications of International Accounting Standard (IAS) no. 39 on the Provisions Assessed through Sovereign Credit Provisioning Matrix
CM-3.4.4
The banks must continue to apply the Sovereign Credit Provisioning Matrix (see Appendix CM-1) as a benchmark for estimating future recoverable cash receipts. However, if a lower provisioning amount is determined, i.e. lower than the amount identified through the matrix, and the bank intends to book the lower amount, then a meeting must be arranged with the CBB to discuss the issues before booking such provisions.
Amended: July 2011
Amended: January 2011
October 2007CM-3.5 CM-3.5 Collateral
CM-3.5.1
The extension of credit is often supported by
collateral provided by the customer or third parties. When the credit decision is based oncollateral value, independent timely appraisals of thecollateral should be obligatory, including provision for sufficient security margins.October 07CM-3.5.2
In principle,
collateral can improve the credit grading of a customer, but experience suggests that over-reliance oncollateral is unsound because very often when a credit facility goes sour thecollateral turns out to have less value than estimated or is, at worst, illusory.October 07CM-3.5.3
Misjudgements about collectability are frequently the cause;
collateral is often illiquid, difficult to value during periods of financial distress and costly to realise through foreclosure or other legal means. Particular concern may be appropriate in the case ofcollateral in the form of real estate, as it involves additional uncertainties and the costs of maintaining the property.October 07CM-3.5.4
As a matter of principle,
collateral should not replace a careful assessment of the borrower's ability to repay.October 07CM-3.6 CM-3.6 Country and Transfer Risks
CM-3.6.1
The CBB requires all
Islamic bank licensees to set out their policy on country and transfer risks, including the criteria on downgrading a country exposure from stage 1 to stages 2 or 3, and related provisioning requirements, in a policy statement which must be approved by the CBB.Added: July 2017
CM-3.6.2
For the purpose of Paragraph CM-3.6.1,
Islamic bank licensees , may consider the sovereign risk matrix factors, stipulated in Appendix CM-1 (Sovereign Debt Provision Matrix), and any other factors.Added: July 2017
CM-3.6.3
Branches of foreign Islamic bank licensees must satisfy the CBB that equivalent arrangements are in place at the parent entity level, otherwise a policy statement is required in line with paragraph CM-3.6.1.Added: July 2017
CM-3.6.4
The policy statement set in Paragraph CM-3.6.1 must be implemented with effect from 1st January 2018.
Added: July 2017
CM-4 CM-4 The Monitoring and Control of Large Exposures of Banks Licensed by the CBB
CM-4.1 CM-4.1 Overview
CM-4.1.1
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-4.1.2
The contents of this Chapter apply in full to
Bahraini Islamic bank licensees on a consolidated basis.Amended: January 2015
Amended: April 2014
Amended: January 2011
October 2007CM-4.1.3
Islamic banks, through the PIR forms (see Module CA), must notify the CBB of the
subsidiaries to be consolidated for reporting purposes.Amended: January 2015
Added: January 2011CM-4.2 CM-4.2 The Measure of Exposure
CM-4.2.1
For large
exposure (s) purposes, the measure ofexposure reflects the maximum loss that will arise should a counterparty fail, or the loss that may arise due to the realisation of any financing assets, shareholdings or otherexposures or off-balance sheet positions, or losses experienced due to non-repayment of facilities granted. In the case of undrawn L/C or similar facilities, the advised limit must be included in the measure ofexposure . In particular for Islamic banks, the measure ofexposure also includes facilities or transactions or purchases of assets where the bank itself is not exposed, but is committing client funds through arrangements such as a wakala. In certain cases (particularly off-balance sheet items or derivatives), 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 a counterparty 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. Such claims would include but are not limited to:(i) Financing and other credit facilities whether or not drawn;(ii)Exposures arising through lease agreements;(iii) Margin held with exchanges or counterparties;(iv) Claims under Shari'a compliant derivative contracts such as swaps and similar contracts on profit rates, foreign currencies, equities, securities, or commodities;(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, secured financing or similar transactions;(ix) Sukuk, bills or other non-equity financial instruments; and(x)Underwriting exposures for sukuk, 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 an undrawn L/C or similar facility, 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); and(iv) Undrawn documentary letters of credit issued or confirmed;(c) Any other assets or transactions whose value depends wholly or mainly on a counterparty performing his 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-4.4.1.E for definition);(ii) Convertible Murabahas or other similar instruments.(iii) Exposures arising from arrangements that have been entered into by the reporting bank for the purpose of providing credit protection;(iv)Underwriting or purchase commitments for equities; and(v) Claims on fund managers. 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; and(d) Any other assets, receivables or transactions (whether on or off- balance sheet), which constitute a claim (or potential claim) for the customers of the bank which are not included in (a), (b) or (c) above. In particular, it includesexposures where the bank is committing client funds through arrangements such as a wakala.Amended: January 2015
Amended: April 2011
Amended: January 2011
October 2007CM-4.2.2
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 an 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); and(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 whenever it is applicable (see Appendix CM-4).Amended: January 2015
Amended: July 2011
Amended: April 2011
Amended: January 2011
October 2007CM-4.2.3
Large exposures are calculated using the sum of the nominal amounts before the application of the 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 Shari'a compliant
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-4.2.4
In case of syndicated facilities, the nominal amount would include only the bank's share of the syndication (financed by unrestricted investment accounts, current accounts and bank's own funds) 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-4.5 for exemptions.Amended: January 2011
October 2007CM-4.2.5
For the purpose of large
exposures , balance sheet claims involving assets acquired to be leased under Ijarah Muntahia Bittamleek should be reflected as anexposure against the lessee. Further, murabaha contracts where assets are held for resale, under a binding promise, suchexposure should be reflected as anexposure to the counterparty which has signed the binding promise. Potential claims in the case of Istisna'a contracts should include the total amount expected to be paid to al-Sani (the seller) and shown as anexposure to al-Mustasni (ultimate buyer).October 07CM-4.2.6
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 commitments to buy thatsecurity together with its current holding of the samesecurity , less its commitments to sell suchsecurities .Amended: January 2011
October 2007CM-4.2.7
"Underwriting" is defined as "A binding commitment by the reporting bank to purchase securities issued by, or provide syndicated 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-4.5.2A-F.Amended: July 2012
Added: January 2011CM-4.3 CM-4.3 Identity of Counterparty
CM-4.3.1
For the purposes of measuring
exposures , the counterparty will generally be: the person from whom the concerned funds are receivable (in the case of fees and commissions etc.); the counterparty (customer) in the case of credit facilities; the person guaranteed, and the issuer of a security in the case of a security held; or the party with whom a contract was made in the case of a Shari'a compliant derivative contract.Amended: January 2011
October 2007CM-4.3.2
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-4.4 CM-4.4 Limits for Large Exposures
Definitions and Aggregate Limit on Large Exposures
CM-4.4.1
A 'large
exposure ' is anyexposure whether direct or indirect to a counterparty or a group of closely related counterparties which is greater than, or equal to, 10% of the reporting bank's consolidated Total Capital.Amended: January 2015
Amended: January 2011
October 2007CM-4.4.1A
'
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-4.4.1B
'
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-4.4.1C
'
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-4.4.1D
A bank has "
close links " 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-4.4.1E
A "
major investment " is defined as anyacquisition orinvestment in thecapital instruments of another entity by aBahraini Islamic bank licensee which is equivalent to or more than 10% of the Bahraini Islamic bank licensees consolidated total capital.Amended: October 2016
Amended: April 2015
Amended: January 2015
Amended: January 2012
Added: January 2011CM-4.4.1F
[This Paragraph was deleted in January 2015.]
Deleted: January 2015CM-4.4.2
Total Capital has the same meaning as when used in Section CA-1.1.
Amended: January 2015
Amended: January 2011
October 2007CM-4.4.3
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-4.10),whether funded or not funded, i.e. contingent commitments.Amended: October 2016
Amended: January 2015
Amended: January 2011
October 2007CM-4.4.3A
The CBB requires that any large
exposure , as defined in Paragraph CM-4.4.1, must be priorly approved by the bank's Board of Directors.Added: January 2017CM-4.4.4
[This Paragraph was deleted in January 2015.]
Deleted: January 2015Single Exposure Limits to Unconnected Counterparties
CM-4.4.5
A bank may not incur an
exposure to an individual counterparty or group of closely relatedcounterparties (not connected to the reporting bank) which exceeds the limit below, in respect 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%. The following singleexposure limit applies:Direct
exposures (i.e. funded, unfunded on and off balance sheet): A bank may not incur anexposure to an individual counterparty or group of closely related counterparties which exceeds 15% of the reporting bank's consolidated Total Capital without the prior written approval of the CBB. For this purpose, companies/banks with variable capital should not include participation shares in calculating their consolidated Total Capital, since there are governed by Mudaraba contract (profit sharing).Amended: April 2015
Amended: January 2015
Amended: January 2011
October 2007Closely Related Counterparties — Definitions
CM-4.4.6
'Closely related
counterparties ' are two or more counterparties 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 2015
Amended: January 2011
October 2007CM-4.4.6A
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-4.4.7
'Controlling interest' means either significant ownership (i.e. ownership of 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 2007Limits on Exposures to Connected Counterparties
CM-4.4.8
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-4.4.8A
A bank may not exceed the individual or aggregate connected counterparty limits shown in Paragraph CM-4.4.13 without the prior written approval of the CBB.
Added: July 2012CM-4.4.9
A bank may not undertake
exposures to its own external auditors. 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-4.4.9A
Any on-balance sheet utilisation of existing/outstanding restricted investment accounts (RIAs) or any movement of funds between RIAs is not permitted unless specifically permitted under a valid contract between the bank and the relevant
customer .Amended: January 2015
Amended: January 2012
Added: January 2011CM-4.4.10
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
Amended: April 2008
October 2007
CM-4.4.10A
Equity participations in and credit exposures to consolidated banking and financial subsidiaries (see CM-4.2.1(c)) need not be included in exposures to connected counterparties for the sake of the table in CM-4.4.13. 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-4.4.10B
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 20170% Limit on Exposures to Controllers
CM-4.4.12
Banks must not undertake
exposures tocontrollers as defined in Chapter GR-5 or tosubsidiaries of such (i.e. there is a 0% limit for suchexposures ), however smaller shareholders will be subject to the normalexposure limits outlined in CM-4.4.5. Directors who are alsocontrollers (or the appointed board representatives of suchcontrollers ) are subject to the 0% limit.Amended: January 2015
Amended: January 2011
Amended: April 2008
October 2007
CM-4.4.13
The limits for connected counterparties have been set as follows:
Exposures funded on and off balance sheet (excluding RIAs) as a percentage of consolidated Total Capital
Connected Counterparties Individual Limit Aggregate Limit Controllers and their subsidiaries 0% 0% Approved persons (and their close family members) and Shari'a Board Members10% 25% Associates, other related parties not mentioned above and unconsolidated subsidiaries 15% Total (including senior management and others) 25% Amended: April 2015
Amended: January 2015
Amended: April 2011
Amended: January 2011
Added: April 2008Deductions from Total Capital
CM-4.4.14
The CBB will closely examine all
exposures to companies or persons connected to a bank 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
Added: April 2008CM-4.4.15
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-2.4.15).Amended: January 2015
Added: January 2011CM-4.4.16
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.
Added: January 2011CM-4.5 CM-4.5 Exempt or Temporary Exposures
Exempt Exposures to Parties not Connected to the Bank
CM-4.5.1
Certain types of
exposure are exempt from the limits set out above in CM 4.4.5, 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-4.5.2
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 3 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 government securities/guarantees);(d)Exposures secured by cash or GCC government securities/guarantees;(e) Specific connected short-termexposures agreed with and approved in advance with the CBB, in particular those arising from a group treasury function (see Paragraph CM-4.5.6);(f) Pre-notifiedexposures which are covered by a guarantee from the bank's parent (see Paragraph CM-4.5.7 to CM-4.5.10);(g) Sukuk or other securities issued or guaranteed by the Islamic Development Bank (IDB) and any of itssubsidiaries ;Amended: January 2015
Amended: January 2011
Added: April 2008Temporary Exposure Limits to Commercial Entities not Connected to the Bank
CM-4.5.2A
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 limits as stated in CM-4.4.5(a), (b), and (c) for periods of up to 3 months where the entity is a commercial entity.Amended: January 2015
Amended: January 2012
Added: January 2011CM-4.5.2B
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 financing facility 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-4.5.2C
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 financing 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 financing 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 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-4.5.2D
A bank may not incur any temporary large
exposure 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-4.5.2E
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-4.5.2F
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-4.5.2G
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-4.5.2D 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-4.5.3
Exposures tosubsidiaries which are always fully consolidated on a line-by-line basis for supervisory purposes are exempt from the limits in this Module on a consolidated basis, however banks must observe the largeexposure limits in CM-4.4.13 on a solo basis and the CBB's solo capital adequacy requirements in Module CA.Amended: January 2015
Added: January 2011
CM-4.5.4
Exposures to unconsolidatedsubsidiaries (normally non-financial and outside the scope of regulatory consolidation) are not exempt from the limits in this Module and will be included under the limits forexposures to associates, related parties and unconsolidatedsubsidiaries .Amended: January 2015
Amended: January 2011
October 2007CM-4.5.5
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 2011
October 2007CM-4.5.6
In the above scenario (Paragraph CM-4.5.5), 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 placements or financing of excess liquid funds.Amended: January 2015
Amended: January 2011
October 2007Exposures Undertaken by a Subsidiary Bank
CM-4.5.7
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-4.5.8
Under the terms of this Module (See Paragraph CM-4.5.2(f)), such indirect
exposures to a parent bank may be exempt 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-4.5.9
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: April 2015
Amended: January 2015
Amended: January 2011
October 2007CM-4.5.10
The Central Bank will need to be satisfied that adequate control systems are in place to ensure that credit risks taken in the group as a whole are properly monitored and controlled.
Amended: January 2011
October 2007CM-4.6 CM-4.6 Reporting of Exposures
CM-4.6.1
All
Islamic bank licensees are required to report their 25 largestexposures to banks as well as their 25 largestexposures to the CBB on a quarterly basis using the Form PIRI provided in Appendix BR-5.Amended: July 2015
Amended: April 2015
Amended: April 2014
Amended: January 2011
Amended: October 2009
October 2007CM-4.6.1A
All
Bahraini Islamic bank licensees must report the financial details of each largeexposure , as defined under Paragraph CM-4.4.1, in Appendix BR-19, as required under Paragraph BR-3.1.7A.Added: July 2015CM-4.6.1B
All
Bahraini Islamic bank licensees must report all theirexposures to connected parties on a monthly basis using the form provided in Appendix BR-10, as required under Paragraph BR-4.3.4.Added: July 2015CM-4.6.2
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-4.6.3
For some banks, the CBB may determine it prudent to set a lower
exposure limits than the ones given in this Module.Amended: January 2011
October 2007CM-4.6.4
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, and action must be taken to immediately bring theexposure back within applicable limits as soon as possible.Amended: July 2011
Amended: January 2011
October 2007CM-4.7 CM-4.7 Policy Statements
CM-4.7.1
The CBB requires each
Bahraini Islamic 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 adopted 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-4.7.2
The policy statement must identify 'connected
counterparties ' and the bank's policies towards financing to and investing in thesecounterparties .Amended: July 2011
Added: January 2011CM-4.7.3
The bank must explain and justify any requests for exemptions for
exposures to /investments in connectedcounterparties .Amended: July 2011
Added: January 2011CM-4.7.4
Each bank will be expected to justify to the CBB its policy on
exposures to individual counterparties, including the maximum size of anexposure contemplated.Amended: January 2011
October 2007CM-4.7.5
Exposures to counterparties connected with the bank will continue to be particularly closely examined.Amended: January 2011
October 2007CM-4.7.6
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
Amended: January 2011
October 2007CM-4.7.7
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
Added: January 2011CM-4.8 CM-4.8 Concentrations in Geographic, Economic and Market Sectors
CM-4.8.1
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-4.8.2
Concentrations should also be recognized 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-4.8.3
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-4.8.4
Exposures and limits for sectors must be reviewed at least quarterly by the Board of Directors.Amended: July 2011
Amended: January 2011
October 2007CM-4.8.5
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-4.9 CM-4.9 Major Investments
Credit Risk and Investment Risk
CM-4.9.1
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 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) 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 term instruments).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-4.9.2
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-4.Amended: October 2016
Added: January 2011CM-4.9.2A
[This Paragraph was moved to Section CM-4.10 in October 2016]
Amended: October 2016
Amended: January 2015
Added: July 2014
Initial Approval Requirement for "Major Investments"
CM-4.9.3
All
Bahraini Islamic bank licensees must obtain the CBB's prior written approval before making a "major investment " (as described in CM-4.4.1E). [This Paragraph was moved to CM-4.9.3A, CM-4.9.3B, CM-4.9.3C and CM-4.9.3D in October 2016].Amended: October 2016
Amended: April 2015
Amended: January 2015
Amended: July 2012
Amended: January 2012
Added: January 2011CM-4.9.3A
All
Bahraini Islamic 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 2016
CM-4.9.3B
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 2016
CM-4.9.3C
Where a percentage ownership increase as described in Paragraph CM-4.9.3B occurs, the 800% risk weight rule will apply as it exceeds the single large exposure limit outlined in Section CM-4.4.
Added: October 2016
CM-4.9.3D
Any bank wishing to acquire a "major investment" in another entity must address the points outlined in Paragraph CM-4.9.10 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 2016
CM-4.9.4
Any
major investments by aBahraini Islamic bank licensee in thecapital 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-4.9.5
The CBB reserves the right to require
Bahraini Islamic bank licensees to dispose of anymajor investment 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-4.9.6
[This Paragraph was moved to Section CM-4.10 in October 2016]
Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011CM-4.9.7
[This Paragraph was moved to Section CM-4.10 in October 2016]
Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011CM-4.9.8
[This Paragraph was moved to Section CM-4.10 in October 2016]
Amended: October 2016
Amended: January 2015
Amended: April 2014
Added: January 2011Other Requirements
CM-4.9.9
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 Islamic Bank Licensees
CM-4.9.10
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 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 foreigninvestment ).(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 oracquisition 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.(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-4.10 CM-4.10 Limits on 'Significant Investments'
CM-4.10.1
No
Bahraini Islamic 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.Added: October 2016
CM-4.10.2
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.
Added: October 2016
CM-4.10.3
Any excesses above the limits in Paragraphs CM-4.10.1 and CM-4.10.2 must be risk-weighted according to Paragraph CA-2.4.25.
Added: October 2016
CM-4.10.4
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 Islamic bank licensee which is equivalent to or more than 10% of the issued common share capital of the issuing commercial entity.Added: October 2016
CM-4.10.5
This section refers to the treatment of investments in commercial 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 commercial 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
major investment must be treated as anexposure to a connected counterparty and the concerned limits and rules forexposures to connected counterparties apply.Added: October 2016
CM-5 CM-5 Staff Credit Facilities
CM-5.1 CM-5.1 Reporting and Compliance
CM-5.1.1
The CBB's prior written consent must be obtained for any credit facilities provided to an employee where the amount of such facility, either singly or when added to an existing facility/existing facilities outstanding to that employee at that date, would be equal to or in excess of BD 100,000 (Bahrain Dinars One Hundred Thousand), or its equivalent in foreign currency. Banks must notify the CBB in writing of any senior employee who fails to discharge his repayment obligations.
Amended: July 2011
Amended: January 2011
October 2007CM-5.1.1A
Where a bank seeks the CBB's prior approval as required under Paragraph CM-5.1.1, in its request, the bank must confirm that the employee credit facility is in line with the bank's board approved policy. The request must also confirm that the bank has made an internal assessment and evaluation when reaching the decision to grant the employee credit facility and that all necessary internal approvals have been obtained.
Added: April 2014CM-5.1.2
Banks must ensure that the provisions of relevant laws (including, specifically, the Bahrain Labour Law) are observed at all times in this area.
October 07CM-6 CM-6 Write-off – Credit Facility
CM-6.1 CM-6.1 Write-offs
CM-6.1.1
All
Bahraini Islamic bank licensees must notify the CBB of any write-off of an exposure of an amount in excess of BD 100,000 (Bahrain Dinars One Hundred Thousand), or its equivalent in foreign currency.Amended: October 2016
Amended: October 2015
Amended: July 2011
Amended: January 2011
October 2007CM-6.1.2
Such notification should be accompanied with documentary evidence showing, beyond reasonable doubt, that the customer does not possess the resources to fulfil the outstanding obligation.
October 07CM-6.1.3
All
Bahraini Islamic bank licensees must obtain the CBB's written no-objection before writing off any of the following:(a)Exposures to or guaranteed by anyapproved persons of the bank or any other CBB licensee;(b) [This Subparagraph was deleted in October 2016];(c)Exposures to controllers, subsidiaries, associates and SSB members of the bank;(d) [This Subparagraph was deleted in October 2015];(e)Exposures to any business entity for which the bank or any of itsapproved persons is a related party such as a board member, a shareholder owning 5% or more, a person assuming a managerial role, a guarantor; and(f)Exposures to anycontroller of another CBBlicensee (as defined in Section GR-5.2 — definition of Controller).Amended: October 2016
Amended: October 2015
Amended: July 2011
Amended: January 2011
Amended: April 2008
October 2007CM-6.1.3A
All branches of foreign banks must obtain the CBB's written no-objection before writing off the exposures listed in CM-6.1.3 from (a) to (f) except for (c).
Added: October 2016CM-6.1.4
All
Islamic bank licensees must notify the CBB of any applicableexposures outlined in Paragraph CM-6.1.3 that are classified as non-performing loans.Amended: October 2016
Added: October 2015CM-6.1.5
In order to comply with Subparagraph CM-6.1.3 (a) and (f),
Islamic bank licensees should refer to the CBB register on the CBB Website which contains a list ofapproved persons andcontrollers of all CBB licensees.Amended: October 2016
Added: October 2015CM-7 CM-7 Consumer Finance
CM-7.1 CM-7.1 Overview
CM-7.1.1
This Chapter sets out various requirements regarding the provision of consumer finance within the Kingdom of Bahrain by CBB licensees. The aim of these requirements is to encourage:
(a) Prudent provision of credit facilities by licensees providing consumer finance; and(b) The transparent disclosure of the full costs and terms on which licensees offer consumer finance.Amended: January 2011
October 2007Application Date
CM-7.1.2
The contents of this Chapter apply to all consumer finance facilities entered into or renewed after 1 January 2005. The application date of the "Code of Best Practice on Consumer Credit and Charging" is 1 September 2007. All Islamic banks which offer consumer finace facilities to residents of Bahrain must follow the Code after 1 September 2007. Failure to observe the requirements of this Chapter or the Code may result in Enforcement Action under Module EN. The Code is attached as Appendix CM-2 in Part B of the Rulebook.
October 07CM-7.2 CM-7.2 The CBB's Approach to Consumer Finance
CM-7.2.1
The CBB favours an open, market-based approach to the operations of licensees, to the extent consistent with its regulatory objectives of ensuring a stable financial system and the fair treatment of licensees' customers.
Amended: January 2011
October 2007CM-7.2.2
Bank licensees are reminded of their obligation to implement a sound internal controls framework, including an effective credit culture (see, for instance, Section CM-2.3). Bank licensees are also reminded of their obligations clearly to display and communicate charges and profit rates (see, for instance, Section BC-4.3).
October 07CM-7.2.3
The CBB has noted the growth in consumer finance as a proportion of outstanding credit facilities over the past few years. The CBB is concerned that this growth should not be at the cost of declining credit quality. Furthermore, the CBB wishes to see further improvements in licensees' transparency in their dealings with their customers, as regards the costs and terms of their lending. Strong competition in this segment of the market increases the need for licensees to be vigilant and to resist pressures to relax standards.
Amended: January 2011
October 2007CM-7.2.4
The measures presented in this Chapter should be viewed as minimum standards, rather than best practice. They are aimed to encouraging prudent extension of credit facilities and full, frank and fair disclosures, rather than dictate comprehensively how licensees should engage in consumer finance. These measures should be read in conjunction with the "Code of Best Practice on Consumer Credit and Charging" which was agreed jointly between the CBB and the Bahrain Association of banks (see appendix CM-2).
Amended: April 2014
October 07CM-7.2.5
These measures will be kept under review in the light of market developments and adjusted accordingly. If the CBB assesses that credit quality and effective transparency are being significantly undermined, then additional prescriptive measures will be considered.
Amended: January 2011
October 2007On-going Effort by the CBB
CM-7.2.6
These measures form part of a wider response by the CBB. The CBB recognizes that a key contributor to ensuring a sounder credit environment is the credit reference bureau.
Amended: January 2011
October 2007CM-7.2.7
The CBB supervisors and examiners will also focus on banks' implementation of the "Code of Best Practice on Consumer Credit and Charging" in their on-going supervision of licensees, to monitor and encourage sound financing practices and disclosure standards.
Amended: January 2011
October 2007CM-7.3 CM-7.3 Definition of Consumer Finance
CM-7.3.1
Consumer finance is the provision of any form of credit facility to an individual excluding:
(a) Any credit facility secured by a first charge on residential property to an individual, where the counterparty lives in, or intends to live in the property;(b) Any credit facility secured by cash or investments, where the security provided more than covers the principal of the credit facility; and(c) The provision of any form of credit to an individual for business purposes where the facility is to be repaid from the business activities of the counterparty.Amended: January 2011
October 2007CM-7.3.2
For the purposes of the Rulebook, 'credit facility' includes personal overdraft facilities, credit cards, ijara or other financing facility.
October 07CM-7.4 CM-7.4 Maximum Limits
Total Repayments Ratio
CM-7.4.1
Licensees may only provide a new consumer facility (or renew, extend or otherwise modify an existing consumer facility) for an amount such that the counterparty's total monthly repayments on all his consumer finance commitments do not exceed 50% of his monthly gross income. This limit may only be exceeded in the circumstances described in Paragraphs CM-7.4.6 and CM-7.4.10.
Amended: July 2011
October 2007CM-7.4.2
When reviewing an applicant for a consumer facility, licensees may only take into consideration regular income. A spouse's income may only be taken into consideration when the credit facility would be in joint names, such that the spouse would also be legally liable for the obligation incurred.
October 07CM-7.4.3
Notwithstanding the above limit, licensees must review in detail an applicant's personal financial standing and ability to service their obligations. Where a spouse's income is being taken into consideration, then their individual circumstances must also be similarly assessed. In many cases, these reviews may require consumer finance repayments to be kept significantly below 50% of monthly gross income.
October 07CM-7.4.4
Licensees must enquire as to applicants' sources of income, their past credit history, their regular outgoings and other financial commitments, including potential liabilities such as guarantees. Particular attention must be paid to housing costs (such as payments to Eskan Bank). A person's regular income, net of consumer finance repayments and other financial obligations, must remain sufficient for that person to support himself and any dependents. Licensees must also take into account likely future trends in income and outgoings, and the impact this may have on the 50% ratio.
Amended: October 2013
Amended: July 2011
October 2007CM-7.4.5
When factoring in credit cards into the repayment limit in Paragraph CM-7.4.1 above, licensees must include 5% of the credit limits available on these facilities. If the amounts outstanding (including profit) under such facilities exceed their limit, then the full amount outstanding must be included in the repayments ratio calculation. Charge cards are not included under this definition.
Amended: October 2016
Amended: July 2011
October 2007CM-7.4.6
In the case of high earners – defined for these purposes as persons earning more than BD 3,000 / month - the 50% limit may be relaxed, providing that the licensee has undertaken the review required in Paragraph CM-7.4.4 above and is satisfied that the counterparty can comfortably support a higher facility service ratio.
October 07CM-7.4.7
The review undertaken to satisfy requirements in Paragraph CM-7.4.4 above must be documented and made available to the CBB's examiners on request. The documentation must include all relevant information used to support the decision to extend credit facilities. In the case of high earners granted a facility in excess of the 50% limit, the documentation must also include a written statement, signed by an appropriate member of management, explaining the justification for relaxing the limit.
Amended: January 2011
October 2007Maximum Tenor Limit
CM-7.4.8
The maximum tenor for instalment consumer finance facilities is seven years. The tenor may not be extended more than twice during the period of the agreement.
October 07CM-7.4.9
The CBB does not believe it prudent for licensees to encourage the provision of credit facilities by offering long-term borrowing to fund short-term consumption. The CBB will review the development of market practices in this respect and will consider further measures if required.
Amended: January 2012
Amended: January 2011
October 2007Non-compliant Facilities
CM-7.4.10
Where a customer's monthly gross income falls (e.g. due to redundancy or disability or a similar event outside the control of the customer), the bank must identify such accounts as 'technically non-compliant'. If a customer requests an extension to the tenor of the facility due to reduced income, then the bank may increase the term to assist the customer. The bank must take account of the 50% limit outlined in Paragraph CM-7.4.1. Such facilities must also be identified as 'technically non-compliant'.
Amended: January 2022
Amended: July 2021
Amended: October 2019
October 07CM-7.5 CM-7.5 [This Section was deleted in October 2012 and requirements are now included in Section BC-4.2
[Deleted]
CM-7.5.1
[This paragraph was deleted in October 2012]
Deleted: October 2012
October 07CM-7.5.2
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: July 2011
October 2007CM-7.5.3
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: October 2011
Amended: April 2011
Amended: January 2011
October 2007CM-7.5.4
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: July 2012
October 07[Deleted]
CM-7.5.5
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: July 2012
October 07CM-7.5.6
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: July 2011
October 2007CM-7.5.7
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: July 2011
October 2007CM-7.5.8
[This paragraph was deleted in October 2012]
Deleted: October 2012
October 07CM-7.5.9
[This paragraph was deleted in October 2012]
Deleted: October 2012CM-7.5.10
[This paragraph was deleted in October 2012]
Deleted: October 2012
Amended: October 2011
October 2007CM-7.5.11
[This paragraph was deleted in October 2012]
Deleted: October 2012
October 07CM-7.5.12
[This Paragraph was deleted in October 2011].
Deleted: October 2011CM-7.6 CM-7.6 Refunds and Prepayments
Refund / Adjustment of Insurance Premium on Financing Prepayments and Top-Ups
CM-7.6.1
Banks/financing companies must refund/adjust proportionately the insurance premium charged on individual credit facilities when the customer either requests for a top up or prepayment of the credit facility as per the prescribed formula below:
Refund/Adjustment Amount = Remaining period to Maturity
X Premium Paid Original Maturity Added: April 2008Early Repayment Fees / Charges
CM-7.6.2
[This paragraph was deleted in April 2018].
Deleted: April 2018
Amended: July 2013
Amended: October 2011
Amended: January 2011
Added: April 2008CM-8 CM-8 Islamic Contracts
CM-8.1 CM-8.1 Overview
CM-8.1.1
[This paragraph was deleted in April 2011].
CM-8.1.2
[This paragraph was deleted in April 2011].
CM-8.1.3
In order to monitor and identify any asset deterioration due to the Islamic contracts, the CBB requires additional disclosures (see Module BR) on the Islamic contracts undertaken by the bank during the period.
Amended: January 2011
October 2007CM-8.1.4
Definitions, disclosure requirements and method(s) of accounting treatments for some of the Islamic contracts are outlined below.
October 07Murabaha
CM-8.1.5
Revenue for the purpose of Murabaha contracts must be recognised on an accrual basis.
October 07CM-8.1.6
For a detailed definition, disclosure requirements and method(s) of accounting treatment, refer to AAOIFI's FAS 2: Murabaha and Murabaha to the Purchase Orderer.
October 07Mudaraba
CM-8.1.7
Revenue on Mudaraba contracts may only be recognised to the extent it is being distributed.
October 07CM-8.1.8
For a detailed definition, disclosure requirements and method(s) of accounting treatment, refer to AAOIFI's FAS 3: Mudaraba Financing.
October 07CM-8.1.9
As part of its on-going supervision of Islamic banks, the CBB has set out the type of terms and conditions (see Appendix BC-7) which it believes Islamic banks should include, as a minimum, in such contracts.
Amended: January 2011
October 2007Musharaka
CM-8.1.10
Under a Musharaka contract, losses are shared in proportion to the contributed capital. It is not permissible to stipulate otherwise.
October 07CM-8.1.11
For a detailed definition, disclosure requirements and method(s) of accounting treatment, refer to AAOIFI's FAS 4: Musharaka Financing.
October 07Salam
CM-8.1.12
As a policy no Salam contracts must be entered into without covering the position through a Parallel Salam contract.
Amended: July 2011
October 2007CM-8.1.13
Where the bank is not able to enter into a Parallel Salam contract it must agree a statement policy with the CBB.
Amended: January 2011
October 2007CM-8.1.14
For a detailed definition, disclosure requirements and method(s) of accounting treatment, refer to AAOIFI's FAS 7: Salam and Parallel Salam.
October 07Istisna'a
CM-8.1.15
As a policy no Istisna'a contracts must be entered without covering the position through a Parallel Istisna'a contract.
Amended: July 2011
October 2007CM-8.1.16
In accordance with provisions contained in FAS 10: Istisna'a and Parallel Istisna'a, revenue and profit on such contracts must be recognised on a percentage of completion method.
Amended: July 2011
October 2007CM-8.1.17
For a detailed definition, disclosure requirements and method(s) of accounting treatment, refer to AAOIFI's FAS 10: Istisna'a and Parallel Istisna'a.
October 07Ijarah and Ijarah Muntahia Bittamleek
CM-8.1.18
For a detailed definition, disclosure requirements and method(s) of accounting treatment, refer to AAOIFI's FAS 8: Ijarah and Ijarah Muntahia Bittamleek.
October 07Facilities Transferred to Qard Hassan
CM-8.1.19
The CBB's approval must be obtained before any transfer of any
exposures to Qard Hassan if the amount is more than BD 100,000 or its equivalent in foreign currency (see Paragraph BR-5.2.6).Amended: April 2014
Amended: July 2011
Amended: January 2011
October 2007CM-8.1.20
The requirement stated in Paragraph CM-8.1.19 above applies to both on-balance sheet and restricted investment account related
exposures .Amended: January 2011
October 2007