CA CA Capital Adequacy
PART 1: PART 1: Definition of Capital
CA-A CA-A Introduction
CA-A.1 CA-A.1 Purpose
Executive Summary
CA-A.1.1
The purpose of this Module is to set out the Central Bank of Bahrain (CBB)'s
capital adequacy Rules and provide guidance on the risk measurements for the calculation of capital requirements byBahraini Islamic bank licensees . This requirement is supported by Article 44(c) of the Central Bank of Bahrain and Financial Institutions Law (Decree No. 64 of 2006).January 2015CA-A.1.2
Principle 9 of the Principles of Business requires that
Islamic bank licensees maintain adequate human, financial and other resources, sufficient to run their business in an orderly manner (see Section PB-1.9). In addition, Condition 5 of CBB's Licensing Conditions (Section LR-2.5) requiresIslamic bank licensees to maintain financial resources in excess of the minimum requirements specified in Module CA (Capital Adequacy).January 2015CA-A.1.3
This Module also sets out the minimum leverage requirements which
Islamic bank licensees (referred to in Section CA-B.1) must meet as a condition of their licensing.January 2015CA-A.1.4
The requirements specified in this Module vary according to the inherent risk profile of a licensee, and the volume and type of business undertaken. As one of the principal objectives of the CBB (as outlined in Article 3 of the CBB Law 2006) is the protection of depositors, it is essential to ensure that the capital recognised in regulatory capital measures is readily available for those depositors and to ensure that
Islamic bank licensees hold sufficient capital to provide some protection against unexpected losses in the normal course of business, and otherwise allow Islamic banks to effect an orderly wind-down of their operations. The minimum capital requirements specified here may not be sufficient to absorb all unexpected losses. The CBB therefore may impose more stringent capital requirements than those stated in this Module on certain banks taking into account the riskiness of the activities conducted by the concerned bank (see Paragraph CA-A.1.5A).January 2015CA-A.1.5
The CBB requires that
Islamic bank licensees maintain adequate capital, in accordance with the requirements of this Module, against their risks. In particular, allBahraini Islamic bank licensees are required to maintain capital adequacy ratios or CARs (both on a solo and a consolidated basis where applicable) above the minimum levels set out in Chapters CA-B and CA-2. Failure to remain above these ratios will result in enforcement and other measures as outlined in Section CA-1.2 and Module EN. The detailed methodology for calculating the CARs is set out in the instructions for the form PIRI.January 2015CA-A.1.5A
All
Bahraini Islamic bank licensees must maintain their own target capital ratios above the supervisory CARs mentioned in Section CA-B.2. Each concerned licensee must observe individual target ratios as agreed with the CBB on a case-by-case basis subject to a methodology to be disclosed in due course.January 2015CA-A.1.6
This Module provides support for certain other parts of the Rulebook, mainly:
(a) Prudential Consolidation and Deduction Requirements;(b) Licensing and Authorisation Requirements;(c) CBB Reporting Requirements;(d)Credit Risk Management;(e)Operational Risk Management;(f) High Level Controls:(g) Relationship with Audit Firms; and(h) Enforcement.January 2015Legal Basis
CA-A.1.7
This Module contains the CBB's Directive (as amended from time to time) relating to the capital adequacy 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 in its entirety to allBahraini Islamic bank licensees .January 2015CA-A.1.8
For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.
January 2015CA-A.2 CA-A.2 Module History
CA-A.2.1
This Module was first issued in January 2005 as part of the Islamic principles volume. Material changes took place in January 2008 to implement Basel II and the IFSB Capital Adequacy Standard (IFSB-2). Other changes that have subsequently been made to this Module are annotated with the calendar quarter date in which the changes were made. Chapter UG-3 provides further guidance on Rulebook maintenance and version control.
January 2015CA-A.2.1A
The most recent changes are detailed in the Table below.
Summary of Changes
Module Ref. Change Date Description of Changes CA-A.2 10/2007 New Rule CA-A.2.5 introduced, categorising this Module as a Directive. CA-1 to CA-6 01/2008 Basel II implementation. CA-1.5 01/2008 Review of PIR by external auditors CA-4.6 04/2008 Recognition of IIRA as ECAI and mapping of ratings CA-4.2.15-18 01/2009 New guidance and rules on SMEs CA-A 01/2011 Various minor amendments to ensure consistency in CBB Rulebook. CA-A.2.5 01/2011 Clarified legal basis. CA-5.1 & CA-5.3 01/2012 Changes in respect of July 2009 and February 2011 amendments to Basel II. CA-4.2.10 and CA-4.2.11A 04/2012 Amendment made for claims on banks dealing with self-liquidating letters of credit. CA-2.1.4(g) 10/2013 Added Rule to include limited general provision against unidentified future losses as part of Tier 2. CA-2.1.4(f), CA-2.1.4A to CA-2.1.4C and CA-2.2.1 10/2013 Added Rules to deal with subordinated issued for Tier 2 capital. CA-5.5.13 10/2013 Clarified Rules on structural positions for foreign exchange risk. Module CA 1/2015 Extensive changes in respect of IFSB-15 (capital adequacy). CA-1.3.3 04/2015 Existing exemptions in respect of PIRI review will cease as at 31st December 2014 for all Bahraini Islamic bank licensees. CA-2.1.2 04/2015 Underlined the term 'financial instrument' so that it is linked to the glossary definition. CA-2.4.2 04/2015 Clarified that intangible assets other than goodwill and mortgage servicing rights are subject to transitional arrangements and are phased out as regulatory adjustments as outlined in Subparagraph CA-B.2.1(d). CA-2.4.12 04/2015 Clarified that shares of the bank held as collateral are considered as shares held indirectly and are subject to deduction under regulatory adjustments. CA-2.4.25 04/2015 Clarified the rule on significant investments in commercial entities by adding cross reference to definition. CA-2A.3.3 04/2015 Paragraph deleted as not applicable on the implementation of the capital conservation buffer. CA-B.2.1(d) 07/2015 Amendment made to clarify that during the transition period, the remainder not deducted from capital is subject to the risk weights outlined in the October 2014 version of Chapter CA-3. CA-2.4.25 and CA-2.4.26 07/2015 Amendment made to reflect the treatment of the risk weighting for exposures below the threshold limits. CA-6.2.5 07/2015 Corrected the treatment of the depreciation of Ijarah assets in the definition of gross income. CA-4.2.4, CA-4.2.4A and CA-4.2.4B 04/2016 Updated risk weightings for claims on non-central government public sector entities (PSEs). CA-9.1.4 04/2016 Corrected cross reference. CA-2.4.25 10/2016 Updated reference to CM Module. CA-B.1.5 and CA-B.1.6 07/2017 Deleted the term 'financial entity'. CA-3.2.18, CA-3.3.9 & CA-3.4.16 07/2017 Amended wording for consistency purposes. CA-10 08/2018 Added new Section on Leverage Ratio Requirements. CA-4.2.19B 07/2019 Added a new Paragraph on exposures to Social Housing Schemes CA-9.1.6 (e) 07/2019 Amended sub-paragraph to allow real estate taken as collateral to be insured under another insurance arrangement. CA-1.1.6 01/2022 Amended Paragraph. CA-1.1.6A 01/2022 Added new Paragraph on reverting from standardised approach to basic indicator approach. CA-4.2.19B 10/2022 Amended Paragraph on the implementation of social housing schemes. CA-4.7.14A 01/2023 Added a new Paragraph on recognition of credit default guarantees provided by Tamkeen. CA-10.6 07/2023 Added a new Section on Gearing. Evolution of Module
CA-A.2.2
The contents retained from the previous Module (Capital Adequacy — Islamic Banks) are effective from the dates depicted above.
January 2015CA-A.3 – CA-A.4
[Sections CA-A.3 to CA-A.4 were deleted in January 2015.]
Deleted: January 2015CA-B CA-B Scope of Application and Transitional Rules
CA-B.1 CA-B.1 Scope
CA-B.1.1
All
Bahraini Islamic bank licensees are required to measure and apply capital charges with respect to theircredit risk ,operational risk andmarket risks capital requirements.January 2015CA-B.1.2
Rules in this Module are applicable to
Bahraini Islamic bank licensees on both a solo (i.e. including their foreign branches) and on a consolidated group basis as described below. The applicable ratios and methodology are described in this Chapter and Chapters CA-1 and CA-2 for solo and consolidated CAR calculation.January 2015CA-B.1.2A
The scope of this Module includes the
parent bank and all its bankingsubsidiaries and any other financial entities such as Special Purpose Vehicles (SPVs) which are required to be consolidated for regulatory purposes by the CBB. The assets and liabilities of all suchsubsidiaries must be fully consolidated on a line-by-line basis. In some cases, the assets of foreign bankingsubsidiaries will be allowed to be included by way of aggregation (see CA-B.1.4 onward). All other financial activities (both regulated and unregulated) must be captured through consolidation. Generally, majority-owned or controlled banking and otherfinancial entities must be fully consolidated according to the methodologies outlined in this Module. If any majority-owned financial entities are not consolidated for capital purposes, all equity and other regulatory capital investments in those entities must be deducted and the assets and liabilities as well as third-party capital investments in the entity must be removed from theIslamic bank licensee's balance sheet.January 2015CA-B.1.2B
In addition, this Module applies to
Islamic bank licensees on a solo basis (also including their foreign branches). This means that the assets and liabilities ofsubsidiaries referred to in Paragraph CA-B.1.2A must not be included in the balance sheet of theparent bank for the solo capital calculation and all equity and other regulatory capital investments in those entities must be deducted from the applicable components of Total Capital of theparent bank .January 2015CA-B.1.2C
Where an
Islamic bank licensee has nosubsidiaries as referred to in Paragraph CA-B.1.2A, then the consolidated CAR requirements of this Module apply to theIslamic bank licensee on a stand-alone basis.January 2015CA-B.1.2D
Although consolidation rules outlined in this Module are prescribed only for computing regulatory minimum capital, the procedures applied for such consolidation are performed in accordance with applicable accounting standards and best practices which may be subject to change from time to time.
January 2015CA-B.1.3
If
Islamic bank licensees have investments in orcontrol over banking orfinancial entities , including SPVs, they will also need to apply rules set out in Section CA-2.4 of this Module for the calculation of their solo and consolidated Capital Adequacy Ratios (CAR).January 2015Full Consolidation Versus Aggregation
CA-B.1.4
Generally, wherever possible, the assets and liabilities of banking
subsidiaries must be consolidated on a line-by-line basis using the risk-weighting and other rules and guidance in this Module. In some cases, foreign bankingsubsidiaries are subject to slightly differing rules by their host regulator. In such cases it may be more convenient to add in the risk-weighted assets of thesubsidiary as calculated by host rules rather than by adding in the assets of thesubsidiary and subjecting them to CBB requirements and risk weights. This process of using host risk-weights instead of CBB risk-weights is termed 'aggregation'. Also host rules may treat some capital items differently to CBB rules. For example, T2 instruments may have different rules in host countries. There may therefore need to be a 'haircut' to such capital instruments, if the amount allowed by the host regulator is different to the amount of the investment by theparent bank .January 2015CA-B.1.5
For the reasons outlined in CA-B.1.2A to CA-B.1.4, banks must agree the proposed regulatory consolidation or aggregation approach for banking
subsidiaries with the CBB and their external auditor.Amended: July 2017
January 2015CA-B.1.6
If a banking
subsidiary is to be consolidated by way of aggregation, the capital and risk weighted assets (RWAs) of the non-resident entity must be shown separately. Theparent bank will be required to aggregate thesubsidiary's eligible capital and RWAs (based on the risk weighting of assets reported by thesubsidiary to its host central bank) with its own eligible capital and RWAs respectively.Amended: July 2017
January 2015CA-B.1.7
Appropriate adjustments must be made to eliminate intra-group exposures.
January 2015CA-B.1.8
If a bank in Bahrain is a
subsidiary of a non-residentparent bank , the capital adequacy of such bank must be determined on a standalone basis.January 2015CA-B.1.9
Majority-owned or controlled
financial entity subsidiaries must be adequately capitalised to reduce the possibility of future potential losses to theparent bank . Theparent bank must monitor actions taken by thesubsidiary to correct any capital shortfall and, if it is not corrected in a timely manner, the shortfall must also be deducted from theparent bank's solo and consolidated capital for regulatory capital purposes.January 2015CA-B.2 CA-B.2 Transitional Arrangements
CA-B.2.1
The transitional arrangements for implementing the new standards help to ensure that the banking sector can meet the higher capital standards through reasonable earnings retention and capital raising, while still supporting lending to the economy. The transitional arrangements are as follows:
(a) Implementation of this Module begins on 1 January 2015. As of 1 January 2015,Islamic bank licensees are required to meet each of the following new minimum CAR requirements taking each component of capital as defined in Chapters CA-2 and CA-2A divided by total risk-weighted assets (RWAs) as defined in Paragraph CA-1.1.3:
Components of Consolidated CARs Optional Minimum Ratio Required Core Equity Tier 1 (CET1) 6.5% Additional Tier 1 (AT1) 1.5% Tier 1 (T1) 8% Tier 2 (T2) 2% Total Capital 10% Capital Conservation Buffer (CCB) (see below) 2.5% CARs including CCB CET 1 plus CCB 9% Tier 1 plus CCB 10.5% Total Capital plus CCB 12.5%
Components of Solo CARs Optional Minimum Ratio Required Core Equity Tier 1 (CET1) 4.5% Additional Tier 1 (AT1) 1.5% Tier 1 (T1) 6.0% Tier 2 (T2) 2% Total Capital 8.0% Capital Conservation Buffer (CCB) (see below) 0% CARs including CCB CET 1 plus CCB N/A Tier 1 plus CCB N/A Total Capital plus CCB N/A (b) The difference between the Total Capital plus the CCB (Capital Conservation Buffer — for further explanation see Chapter CA-2A.) of 12.5% and the T1 plus CCB requirement of 10.5% for the consolidated CAR can be met with T2 and higher forms of capital;(c) The regulatory adjustments (i.e. deductions), including amounts above the aggregate 15% limit for significant investments in financial institutions, mortgage servicing rights, and deferred tax assets from temporary differences, are fully deducted from CET1 by 1 January 2019;(d) The regulatory adjustments (refer to Section CA-2.4) begin at 20% of the required adjustments to CET 1 on 1 January 2015, 40% on 1 January 2016, 60% on 1 January 2017, 80% on 1 January 2018, and reach 100% on 1 January 2019. The same transition approach applies to deductions from AT1 and T2 capital. Specifically, the regulatory adjustments to AT1 and T2 capital begin at 20% of the required deductions on 1 January 2015, 40% on 1 January 2016, 60% on 1 January 2017, 80% on 1 January 2018, and reach 100% on 1 January 2019. During this transition period, the remainder ofexposures held prior to 1st January 2015 not deducted from capital is subject to the risk weights outlined in the October 2014 version of Chapter CA-3;(e) The treatment of capital issued out ofsubsidiaries and held by third parties (e.g.minority interest ) is also phased in. Where such capital is eligible for inclusion in one of the three components of capital according to Paragraphs CA-2.3.1 to CA-2.3.5, it can be included from 1 January 2015. Where such capital is not eligible for inclusion in one of the three components of capital but is included under the existing treatment, 20% of this amount must be excluded from the relevant component of capital on 1 January 2015, 40% on 1 January 2016, 60% on 1 January 2017, 80% on 1 January 2018, and reach 100% on 1 January 2019;(f) Capital instruments that no longer qualify as non-common equity T1 capital or T2 capital are phased out beginning 1 January 2015. Fixing the base at the nominal amount of such instruments outstanding on 1 January 2015, their recognition is capped at 90% from 1 January 2015, with the cap reducing by 10 percentage points in each subsequent year. This cap is applied to AT1 and T2 separately and refers to the total amount of instruments outstanding that no longer meet the relevant entry criteria. To the extent an instrument is redeemed, or its recognition in capital is amortised, after 1 January 2015, the nominal amount serving as the base is not reduced. In addition, instruments with an incentive to be redeemed are treated as follows:(i) For an instrument that has a call prior to 1 January 2015 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward-looking basis will meet the new criteria for inclusion in T1 or T2, it continues to be recognised in that tier of capital;(ii) For an instrument that has a call on or after 1 January 2015 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward looking basis meets the new criteria for inclusion in T1 or T2, it continues to be recognised in that tier of capital. Prior to the effective maturity date, the instrument would be considered an "instrument that no longer qualifies as AT1 or T2" and is therefore phased out from 1 January 2015;(iii) For an instrument that has a call between 12 September 2012 and 1 January 2015 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward looking basis does not meet the new criteria for inclusion in T1 or T2, it is fully derecognised in that tier of regulatory capital from 1 January 2015;(iv) For an instrument that has a call on or after 1 January 2015 (or another incentive to be redeemed), if the instrument is not called at its effective maturity date and on a forward looking basis does not meet the new criteria for inclusion in T1 or T2, it is derecognised in that tier of regulatory capital from the effective maturity date. Prior to the effective maturity date, the instrument would be considered an "instrument that no longer qualifies as AT1 or T2" and is therefore phased out from 1 January 2015; and(v) For an instrument that had a call on or prior to 12 September 2012 (or another incentive to be redeemed), if the instrument was not called at its effective maturity date and on a forward looking basis does not meet the new criteria for inclusion in T1 or T2, it is considered an "instrument that no longer qualifies as AT1 or T2" and is therefore phased out from 1 January 2015.Amended: July 2015
January 2015CA-B.2.2
Capital instruments that do not meet the criteria for inclusion in CET1 are excluded from CET1 as of 1 January 2015.
January 2015CA-B.2.3
Only those instruments issued before 12 September 2012 qualify for the transition arrangements outlined in Paragraph CA-B.2.1.
January 2015CA-1 CA-1 General Requirements
CA-1.1 CA-1.1 Capital Adequacy Ratio (Definition and Methodology)
CA-1.1.1
An
Islamic bank licensee's consolidated capital adequacy ratio is calculated by dividing its consolidated Total Capital by its consolidated risk-weighted assets (RWAs). These items are defined and described in Paragraphs CA-1.1.2 and CA-1.1.3. A full explanation of the formula used to calculate the consolidated CAR is given below.January 2015Consolidated Total Capital
Consolidated Risk-weighted Assets
CA-1.1.3
Consolidated Total risk-weighted assets are determined by:
(a) Multiplying the capital requirements formarket risk (see CA-1.1.7) andoperational risk (see CA-1.1.6) by 12.5 for theIslamic bank licensee and all its consolidatedsubsidiaries ; and(b) Adding the resulting figures to the sum of risk-weighted assets forcredit risk (see CA-1.1.4) andsecuritisation risk for theIslamic bank licensee and all itssubsidiaries (see CA-1.1.5).January 2015CA-1.1.4
For the measurement of their
credit risks ,Islamic bank licensees measure the risks in the standardised approach, applying the measurement framework described in Chapters CA-3, CA-4, and CA-9 (real estate) and subject to the credit mitigation techniques outlined in Section CA-4.7 of this Module and subject to any adjustments described in Paragraphs CA-1.1.9 onward in relation to assets funded by Profit Sharing Investment Accounts (PSIAs).January 2015CA-1.1.5
The Sukuk and
securitisation framework is set out in Chapter CA-8.Islamic bank licensees must apply this framework for determining regulatory capital requirements on exposures arising from traditionalsecuritisations or sukuks.January 2015CA-1.1.6
For the measurement of their
operational risks ,Islamic bank licensees have a choice, subject to notification to the CBB, between two broad methodologies:(a) The basic indicator approach, by applying the measurement framework described in Chapter CA-6 of this Module; and(b) The standardised approach (also in Chapter CA-6). This approach is subject to certain conditions (outlined in Chapter OM-8) and requires the explicit approval of the CBB.Amended: January 2022
January 2015CA-1.1.6A
For the purpose of Sub-paragraph CA-1.1.6 (b), a
licensee must provide appropriate justification and seek CBB’s prior approval, if it wishes to revert from the standardised approach to the basic indicator approach.Added: January 2022CA-1.1.7
For the measurement of
market risk in the trading book,Islamic bank licensees must measure the risks in a standardised approach, applying the measurement frameworks described in Chapter CA-5 of this Module.Market risk inherent in certain Shari'a compliant products is outlined in detail in Chapter CA-3. The treatment ofmarket risk positions funded by PSIAs is given in Paragraphs CA-1.1.9 onward.January 2015CA-1.1.8
In light of Paragraphs CA-1.1.3 to CA-1.1.7, each
Islamic bank licensee's overall capital requirement consists of:(a) Thecredit risk requirements laid down in Chapters CA-3, CA-4, and CA-9 (subject to any PSIA adjustment below) and the charges in respect of sukuk andsecuritisations in Chapter CA-8 and including the credit counterparty risk on all over-the-counter Shari'a compliant hedging contracts whether in the trading or the banking books (see CA-4.5.15-16 and Appendix CA-2);(b) The capital charges foroperational risk described in Chapter CA-6; and(c) The capital charges formarket risks described in Chapters CA-3 and CA-5 summed arithmetically subject to any PSIA adjustment below.January 2015Adjustment to the Capital Ratio Denominator
CA-1.1.9
The capital amount of PSIAs is not guaranteed by the
Islamic bank licensee due to the profit-sharing nature of the underlying Mudarabah contract. Therefore, any losses arising from investments or assets financed by PSIA are to be borne by the Investment Account Holders. Nevertheless, IAH are not liable for any losses arising from theIslamic bank licensee's negligence, misconduct, fraud or breach of its investment mandate, which is characterised as a fiduciary risk and considered part of theIslamic bank licensee's operational risk .January 2015CA-1.1.10
An
Islamic bank licensee may be constructively obliged to smooth the profits payout to Unrestricted PSIAs (UPSIAs). A necessary consequence of some of these smoothing practices adopted byIslamic bank licensees is that a portion of risk (i.e. volatility of the stream of profits) arising from assets financed by UPSIAs is effectively transferred to theIslamic bank licensee's own capital, a phenomenon known as "displaced commercial risk" (DCR).January 2015CA-1.1.11
The CBB requires regulatory capital to be held to cater for DCR and the
operational risk mentioned in Paragraph CA-6.1.1 in view of the residual risk to theIslamic bank licensee and its shareholders. To be prudent, the CBB requiresIslamic bank licensees to provide regulatory capital to cover a minimum requirement arising from 30% of the risk weighted assets and contingencies financed by the UPSIAs. Therefore, for the purpose of calculating its Capital Adequacy Ratio (CAR), the risk-weighted assets of anIslamic bank licensee consist of the sum of the risk-weighted assets financed by theIslamic bank licensee's own capital and liabilities, plus 30% (shown below as α) of the risk-weighted assets financed by theIslamic bank licensee's UPSIAs as outlined in Paragraph CA-1.1.12.January 2015CA-1.1.12
For the purpose of this Module the consolidated CAR is calculated by applying the Total Capital (as defined in Paragraph CA-1.1.2) to the numerator and risk-weighted assets (RWAs) as defined in Paragraph CA-1.1.3) to the denominator as shown below.
Total Capital
{Self-financed RWAs (Credit + Market Risks) + Operational RisksPlus
α [RWAs funded by UPSIAsa (Credit + Market Risks) -
PER and IRR of UPSIAs]}(a) Where the funds are commingled, the RWA funded by UPSIA are calculated based on their pro-rata share of the relevant assets.(b) α refers to the proportion assets funded by UPSIA which, as determined by the CBB, is 30%; and(c) The UPSIAs' share of PER and by IRR is deducted from the total RWAs funded by the UPSIAs. The PER has the effect of reducing the displaced commercial risk and the IRR has the effect of reducing any future losses on the investment financed by the PSIA.
This formula is applicable as theIslamic bank licensees may smooth income to the UPSIAs as a mechanism to minimise withdrawal risk.January 2015CA-1.1.13
All transactions, including forward sales and purchases, must be included in the calculation of capital requirements as from the date on which they were entered into. Although regular reporting takes place quarterly,
Islamic bank licensees must manage their risks in such a way that the capital and leverage requirements are being met on a continuous basis, i.e. at the close of each business day.Islamic bank licensees must not "window-dress" by showing significantly lower credit ormarket risk positions on reporting dates.Islamic bank licensees must maintain strict risk management systems to ensure that intra-day exposures are not excessive. If anIslamic bank licensee fails to meet the capital requirements of this Module, theIslamic bank licensee must take immediate measures to rectify the situation as detailed in Section CA-1.2.January 2015Solo Capital Adequacy Ratio
CA-1.1.14
An
Islamic bank licensee 's solo capital adequacy ratio is calculated by dividing its Solo Total Capital by its Solo risk-weighted assets as described in Paragraph CA-1.1.15 and CA-1.1.16 without consolidating the assets and liabilities ofsubsidiaries referred to Paragraph CA-B.1.2A into the balance sheet of theparent bank .January 2015Solo Total Capital
CA-1.1.15
Solo Total Capital consists of the sum of the following elements:
(a) T1 (Going-concern):(i) CET1 for theparent bank only (as defined in Paragraph CA-2.1.2 but deducting item (c) before applying regulatory adjustments in item (d);(ii) AT1 for theparent bank only (as defined in Paragraph CA-2.1.4 but deducting item (c) before applying regulatory adjustments in item (d); and(b) T2 (Gone-concern) for theparent bank only as defined in Paragraph CA-2.1.8 but deducting item (c) before applying regulatory adjustments in item (d).January 2015Solo Risk-weighted Assets
CA-1.1.16
Solo Total risk-weighted assets are determined by:
(a) Multiplying the capital requirements formarket risk (see CA-1.1.7) andoperational risk (see CA-1.1.6) by 12.5 for theparent bank alone; and(b) Adding the resulting figures to the sum of risk-weighted assets forcredit risk (see CA-1.1.4) andsecuritisation risk for theparent bank alone (see CA-1.1.5).January 2015CA-1.1.17
For the purpose of this Module the solo CAR is calculated by applying the Solo Total Capital (as defined in Paragraph CA-1.1.15) to the numerator and solo risk-weighted assets (RWAs) as defined in Paragraph CA-1.1.16) to the denominator as shown below.
Total Capital
{Self-financed RWAs (Credit + Market Risks) + Operational Risks
Plus
α [RWAs funded by UPSIAsa (Credit+ MarketRisks) -
PER and IRR of UPSIAs]}(a) Where the funds are commingled, the RWA funded by UPSIA are calculated based on their pro-rata share of the relevant assets.(b) α refers to the proportion assets funded by UPSIA which, as determined by the CBB, is 30%; and(c) The UPSIAs' share of PER and by IRR is deducted from the total RWAs funded by the UPSIAs. The PER has the effect of reducing the displaced commercial risk and the IRR has the effect of reducing any future losses on the investment financed by the PSIA.
This formula is applicable as theIslamic bank licensees may smooth income to the UPSIAs as a mechanism to minimise withdrawal risk.January 2015CA-1.2 CA-1.2 Reporting
CA-1.2.1
Formal reporting to the CBB of capital adequacy must be made in accordance with the requirements set out under Section BR-3.1.
January 2015CA-1.2.2
All
Bahraini Islamic bank licensees must provide the CBB, with immediate written notification (i.e. by no later than the following business day) of any actual breach of the minimum ratios outlined in Subparagraph CA-B.2.1(a). Where such notification is given, theIslamic bank licensee must also provide the CBB:(a) No later than one calendar week after the notification, with a written action plan setting out how theIslamic bank licensee proposes to restore the relevant ratios to the required minimum level(s), further, describing how theIslamic bank licensee will ensure that a breach of such ratios will not occur again in the future;(b) Weekly reports thereafter on theIslamic bank licensee 's relevant ratios until such ratios have reached the required minimum level(s) described in Subparagraph CA-B.2.1(a); and(c) TheIslamic bank licensee must take additional note of the Capital Conservation Plan requirements in Chapter CA-2A where additional action is required when the Capital Conservation buffer has been breached.January 2015CA-1.2.3
The
Islamic bank licensee is required to submit form PIRI to the CBB on a weekly basis, until the concerned CARs identified in Paragraph CA-1.2.2 exceed the required minimum ratios.January 2015CA-1.2.4
The CBB will notify
Islamic bank licensees in writing of any action required of them with regard to the corrective and preventive action (as appropriate) proposed by theIslamic bank licensee pursuant to the above, as well as of any other requirement of the CBB in any particular case.January 2015CA-1.2.5
Islamic bank licensees should note that the CBB considers the breach of regulatory CARs to be a very serious matter. Consequently, the CBB may (at its discretion) subject anIslamic bank licensee which breaches its CAR(s) to a formal licensing reappraisal. Such reappraisal may be effected either through the CBB's own inspection function or through the use ofappointed experts , as appropriate. Following such appraisal, the CBB will notify theIslamic bank licensee concerned in writing of its conclusions with regard to the continued licensing of theIslamic bank licensee .January 2015CA-1.2.6
The CBB recommends that the
Islamic bank licensee's compliance officer support and cooperate with the CBB in the monitoring and reporting of the CARs and other regulatory reporting matters. Compliance officers should ensure that the concernedIslamic bank licensees and theirsubsidiaries and other group companies have adequate internal systems and controls to comply with these rules.January 2015CA-1.3 CA-1.3 Review of Prudential Information Returns
CA-1.3.1
The CBB requires all
Islamic bank licensees to request their external auditor to conduct a review of the prudential returns on a quarterly basis in accordance with the requirements set out under Section BR 3.1.January 2015CA-1.3.2
If an
Islamic bank licensee provides prudential returns without any reservation from auditors for two consecutive quarters, it can apply for exemption from such review for a period to be decided by CBB.January 2015CA-1.3.3
For
Bahraini Islamic bank licensees all existing exemptions in respect of PIRI review as at 31st December 2014 will cease.Amended: April 2015
January 2015CA-1.3.4
Islamic bank licensees' daily compliance with the capital requirements for credit andmarket risk must be verified by the independent risk management department and the internal auditor.January 2015CA-2 CA-2 Regulatory Capital
CA-2.1 CA-2.1 Regulatory Capital
Tier 1 (T1)
CA-2.1.1
The predominant form of T1 capital must be common shares and retained earnings (hereafter referred to as CET1). Deductions from capital and prudential filters are applied at the level of CET1 (see CA-2.1 to CA-2.4 for a more detailed explanation). The remainder of the T1 capital must be comprised of instruments that are subordinated, have fully discretionary non-cumulative dividends or coupons and have neither a maturity date nor an incentive to redeem.
January 2015Common Equity Tier 1 (CET1)
CA-2.1.2
CET1 capital consists of the sum of:
(a) Issued and fully paid common shares that meet the criteria for classification as common shares for regulatory purposes (see CA-2.1.3);(b) Disclosed reserves including:(i) General reserves;(ii) Legal / statutory reserves;(iii) Share premium;(iv) Fair value reserves arising from fair valuingfinancial instruments ; and(v) Retained earnings or losses (including net profit and loss for the reporting period, whether reviewed or audited);(c) Common shares issued by consolidated bankingsubsidiaries of theIslamic bank licensee and held by third parties (i.e.minority interest ) that meet the criteria for inclusion in CET1. See Section CA-2.3 for the relevant criteria; and(d) Regulatory adjustments (including unrealised losses) applied in the calculation of CET1 (see Section CA-2.4).Amended: April 2015
January 2015CA-2.1.2A
For unrealised fair value reserves relating to financial instruments to be included in CET1 Capital,
Islamic bank licensees and their auditor must only recognise such gains or losses that are prudently valued and independently verifiable (e.g. by reference to market prices). The CBB will closely review the components and extent of unrealised gains and losses and will exclude any that do not have reference to independent valuations (i.e. those made by bank management alone will not be included) or which are not deemed to be made on a prudent basis. As such, the prudent valuations, and the independent verification thereof, are mandatory. Unrealised gains and losses that have resulted from changes in the fair value of liabilities that are due to changes in the bank's owncredit risk must be derecognised in the calculation of CET1 .January 2015CA-2.1.3
For a common share to be included in CET1, it must meet the following criteria:
(a) It is directly issued to shareholders and fully paid in;(b) It is non-cumulative;(c) It is able to absorb losses within theIslamic bank licensee on a going-concern basis;(d) It is neither secured nor covered by a guarantee of the issuer or a related entity or any other arrangement that legally or economically enhances the seniority of the claim vis-à-vis bank creditors;(e) It represents the most subordinated claim in liquidation of theIslamic bank licensee (i.e. it is junior to depositors, general creditors, and subordinated capital instruments of the bank);(f) It is entitled to a claim on the residual assets that is proportional with its share of issued capital, after all senior claims have been repaid in liquidation (i.e. it has an unlimited and variable claim, not a fixed or capped claim);(g) Its principal is perpetual and never repaid outside of liquidation;(h) TheIslamic bank licensee does nothing to create an expectation at issuance that the instrument will be bought back, redeemed or cancelled nor do the statutory or contractual terms provide any feature which might give rise to such an expectation;(i) Distributions are paid out of distributable items (retained earnings included). The level of distributions is not in any way tied or linked to the amount paid in at issuance and is not subject to a contractual cap (except to the extent that a bank is unable to pay distributions that exceed the level of distributable items);(j) There are no circumstances under which the distributions are obligatory. Non-payment is therefore not an event of default;(k) Distributions are paid only after all legal and contractual obligations have been met and payments on more senior capital instruments have been made. This means that there are no preferential distributions;(l) It is the issued capital that takes the first and proportionately greatest share of any losses as they occur;(m) The paid in amount is recognised as equity capital (i.e. it is not recognised as a liability) for determining balance sheet insolvency;(n) The paid in amount is classified as equity under AAOIFI standards and disclosed separately in the financial statements;(o) TheIslamic bank licensee cannot directly or indirectly have funded the purchase of the instrument (i.e. treasury shares and shares purchased or funded by theIslamic bank licensee for employee share purchase schemes must be deducted from CET1, and are subject to the 10% limit under the Commercial Companies' Law. Any of theIslamic bank licensee's own shares used as collateral for the advance of funds to its customers must be deducted from CET1 and are also subject to the above 10% limit); and(p) It is only issued with the approval of the shareholders of the issuingIslamic bank licensee ;January 2015Additional Tier 1 (AT1) Capital
CA-2.1.4
AT1 capital consists of the sum of:
(a) Instruments issued by theIslamic bank licensee that meet the criteria for inclusion in AT1 outlined in Paragraph CA-2.1.6;(b) Stock surplus (share premium) resulting from the issue of instruments included in AT1;(c) Instruments issued by consolidated bankingsubsidiaries of theIslamic bank licensee and held by third parties that meet the criteria for inclusion in AT1 and are not included in CET1. See Section CA-2.3 for the relevant criteria; and(d) Regulatory adjustments applied in the calculation of AT1 (see Section CA-2.4).January 2015CA-2.1.5
[This Paragraph has been left blank.]
January 2015CA-2.1.6
For an instrument to be included in AT1, it must meet or exceed all the criteria below:
(a) It is issued and paid-in;(b) It is subordinated to depositors and general creditors of theIslamic bank licensee ;(c) It is neither secured nor covered by a guarantee of the issuer or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-visIslamic bank licensee creditors;(d) It is perpetual, i.e. there is no maturity date and there are no step-ups or other incentives to redeem;(e) It may be callable at the initiative of the issuer only after a minimum of five years and anIslamic bank licensee must not do anything which creates an expectation that the call will be exercised. AnIslamic bank licensee may not exercise such a call option without receiving prior written approval of the CBB and the called instrument is replaced with capital of the same or better quality; or theIslamic bank licensee demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised(f) In all early call situations, replacement of existing capital must be done at conditions which are sustainable for the income capacity of theIslamic bank licensee ;(g) Any repayment of principal (e.g. through repurchase or redemption) must be with prior written approval of the CBB andIslamic bank licensees must not assume or create market expectations that supervisory approval will be given;(h) TheIslamic bank licensee must have full discretion at all times to cancel distributions/payments. This means that 'dividend pushers' are prohibited. A dividend pusher obliges a bank to make a dividend or coupon payment on an instrument if it has made a payment on another capital instrument or share. Also features that require theIslamic bank licensee to make distributions in kind are not permitted;(i) Cancellation of discretionary payments must not be an event of default;(j)Islamic bank licensees must have full access to cancelled payments to meet obligations as they fall due;(k) Cancellation of distributions/payments must not impose restrictions on theIslamic bank licensees except in relation to distributions to common stockholders;(l) Dividends/coupons must be paid out of distributable items;(m) The instrument cannot have a credit sensitive dividend feature (this might serve to increase the dividend payable if a bank's credit rating falls from A to BBB, for example) which may lead to the dividend/coupon being reset periodically based in whole or in part on theIslamic bank licensee 's credit standing;(n) The instrument cannot contribute to liabilities exceeding assets if such a balance sheet test forms part of national insolvency law. This means that instruments accounted for as liabilities must be able to be written down in some way as described in subparagraph (o);(o) Instruments classified as liabilities for accounting purposes must have principal loss absorption through either (i) conversion to common shares at an objective pre-specifiedtrigger event ; or (ii) a write-down mechanism which allocates losses to the instrument at a pre-specifiedtrigger event . The write-down will reduce the claim of the instrument in liquidation and reduce the amount that will be re-paid when a call is exercised and partially or fully reduce coupon/dividend payments on the instrument;(p) Neither theIslamic bank licensee nor a related party over which it exercisescontrol or significant influence can have purchased the instrument, nor can theIslamic bank licensee directly or indirectly have funded the purchase of the instrument. This also means that own holdings of AT1 instruments and AT1 instruments purchased or funded by the bank for employee share purchase schemes must be deducted from AT1. Any of theIslamic bank licensee 's AT1 instruments used as collateral for the advance of funds to its customers must be deducted from AT1;(q) The instrument cannot have any features that hinder recapitalisation, such as provisions that require the issuer to compensate investors if a new instrument is issued at a lower price during a specified time frame; and(r) If the instrument is not issued out of a fully consolidatedsubsidiary bank or the parentIslamic bank licensee in the consolidated group (e.g. a special purpose vehicle — "SPV"), proceeds must be immediately available without limitation to theparent bank in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in AT1.January 2015CA-2.1.7
[This paragraph has been left blank.]
January 2015CA-2.1.7A
The issuance of any new shares as a result of a
trigger event must occur prior to any public sector injection of capital so that the capital provided by the public sector is not diluted.January 2015CA-2.1.7B
Where an issuing bank or SPV is part of a
banking group and the issuer wishes the instrument to be included in the total capital of the group (in addition to its solo capital where applicable), the terms and conditions must specify an additionaltrigger event .January 2015CA-2.1.7C
Any common stock paid as compensation to the holders of the instrument must be common stock of either the issuing bank or the
parent bank of the group (including any successor in resolution).January 2015Write Down or Conversion of Additional Tier 1 Instruments
CA-2.1.7D
For the purposes of Subparagraph CA-2.1.6(o), the following provisions apply to AT1 instruments accounted for as liabilities:
(a) Atrigger event occurs when the CET1 capital ratio of theIslamic bank licensee referred to in Subparagraph CA-B.2.1(a) falls below either of the following:(i) 7.0%; or(ii) A level higher than 7.0 %, where determined by theIslamic bank licensee and specified in the provisions governing the instrument; and(b)Islamic bank licensees may specify in the provisions governing the instrument one or moretrigger events in addition to that referred to in Subparagraph (a).January 2015CA-2.1.7E
Where the provisions governing AT1 instruments require them to be converted into CET1 instruments upon the occurrence of a
trigger event , those provisions must specify either of the following:(a) The rate of such conversion and a limit on the permitted amount of conversion; or(b) A range within which the instruments will convert into CET1 instruments.January 2015CA-2.1.7F
Where the provisions governing AT1 instruments require their principal amount to be written down upon the occurrence of a
trigger event , the write down must reduce all the following:(a) The claim of the holder of the instrument in the insolvency or liquidation of theIslamic bank licensee ;(b) The amount required to be paid in the event of the call or redemption of the instrument; and(c) The distributions made on the instrument.January 2015CA-2.1.7G
Write down or conversion of an AT1 instrument must, under the applicable accounting framework, generate items that qualify as CET1 items.
January 2015CA-2.1.7H
The amount of AT1 instruments recognised in AT1 items is limited to the minimum amount of CET1 items that would be generated if the principal amount of the AT1 instruments were fully written down or converted into CET1 instruments.
January 2015CA-2.1.7I
The aggregate amount of AT1 instruments that is required to be written down or converted upon the occurrence of a
trigger event must be no less than the lower of the following:(a) The amount required to restore fully the CET1 ratio of theIslamic bank licensee to 7.0 %; and(b) The full principal amount of the instrument.January 2015CA-2.1.7J
When a
trigger event occursIslamic bank licensees must do the following:(a) Immediately inform the CBB;(b) Inform the holders of the AT1 instruments; and(c) Write down the principal amount of the instruments, or convert the instruments into CET1 instruments without delay, but no later than within one month, in accordance with the requirement laid down in this Section.January 2015CA-2.1.7K
A
Islamic bank licensee issuing AT1 instruments that convert to CET1 on the occurrence of atrigger event must ensure that its authorised share capital is at all times sufficient, for converting all such convertible AT1 instruments into shares if atrigger event occurs.January 2015CA-2.1.7L
All necessary authorisations must be obtained at the date of issuance of such convertible AT1 instruments. The
Islamic bank licensee must maintain at all times the necessary prior authorisation from the CBB to issue the CET1 instruments into which such AT1 instruments would convert upon occurrence of atrigger event .January 2015CA-2.1.7M
An
Islamic bank licensee issuing AT1 instruments that convert to CET1 on the occurrence of atrigger event must ensure that there are no procedural impediments to that conversion by virtue of its incorporation or statutes or contractual arrangements.January 2015Consequences of the Conditions for AT1 Instruments Ceasing to Be Met
CA-2.1.7N
The following must apply where, in the case of an AT1 instrument, the conditions laid down in Paragraph CA-2.1.6 cease to be met:
(a) That instrument must immediately cease to qualify as an AT1 instrument; and(b) The part of the share premium accounts that relates to that instrument must immediately cease to qualify as an AT1 item.January 2015Tier 2 Capital(T2)
CA-2.1.8
T2 capital consists of the sum of the following items
(a) Instruments issued by theIslamic bank licensee that meet the criteria for inclusion in T2 capital outlined in Paragraph CA-2.1.10;(b) Stock surplus (share premium) resulting from the issue of instruments included in T2 capital;(c) Instruments issued by consolidated bankingsubsidiaries of theIslamic bank licensee and held by third parties that meet the criteria for inclusion in T2 capital and are not included in T1. See Section CA-2.3 for the relevant criteria;(d) General provisions held against future, presently unidentified losses on financing which are freely available to meet losses which subsequently materialise and qualify for inclusion within T2. Such general provisions which are eligible for inclusion in T2 are limited to a maximum of 1.25 percentage points of credit risk-weighted risk assets. Provisions ascribed to identified deterioration of particular financing assets or known liabilities, whether individual or grouped, must be excluded from T2 Capital;(e) Regulatory adjustments applied in the calculation of T2 Capital (see CA-2.4); and(f)Asset revaluation reserves which arise from the revaluation of fixed assets from time to time in line with the change in market values, and are reflected on the face of the balance sheet as a revaluation reserve. Similarly, gains may also arise from revaluation of Investment Properties (real estate). These reserves (including the net gains on investment properties) may be included in T2 capital, with the concurrence of the external auditor, provided that the assets are prudently valued, fully reflecting the possibility of price fluctuation and forced sale.January 2015CA-2.1.9
The treatment of instruments issued out of consolidated
subsidiaries of theIslamic bank licensee and the regulatory adjustments applied in the calculation of T2 Capital are addressed in Section CA-2.3.January 2015CA-2.1.10
For an instrument to be included in T2 capital (see CA-2.1.8(a)), it must meet all the criteria below:
(a) It is issued and paid-in;(b) It is subordinated to depositors and general creditors of theIslamic bank licensee ;(c) It is neither secured nor covered by a guarantee of the issuingIslamic bank licensee or related entity or other arrangement that legally or economically enhances the seniority of the claim vis-à-vis depositors and general creditors of theIslamic bank licensee ;(d) It must have a minimum maturity of at least 5 years and it will be amortised on a straight line basis in the remaining five years before maturity and there are no step-ups or other incentives to redeem;(e) It may be callable at the initiative of theIslamic bank licensee only after a minimum of five years and theIslamic bank licensee must not do anything which creates an expectation that the call will be exercised. TheIslamic bank licensee may not exercise such a call option without receiving written prior approval of the CBB and the called instrument must be replaced with capital of the same or better quality; or theIslamic bank licensee demonstrates that its capital position is well above the minimum capital requirements after the call option is exercised. In all early call situations, any replacement of existing capital must be done at conditions which are sustainable for the income capacity of theIslamic bank licensee ;(f) The investor must have no rights to accelerate the repayment of future scheduled payments (coupon or principal), except in bankruptcy and liquidation;(g) The instrument cannot have a credit sensitive dividend/coupon that is reset periodically based in whole or in part on theIslamic bank licensee's credit standing;(h) Neither the issuing bank nor a related party over which theIslamic bank licensee exercisescontrol or significant influence can have purchased the instrument, nor can theIslamic bank licensee directly or indirectly have funded the purchase of the instrument. This means own holdings of T2 instruments and T2 purchased or funded by theIslamic bank licensee for employee share purchase schemes must be deducted from T2. Any of theIslamic bank licensee's own T2 instruments used as collateral for the advance of funds to its customers must be deducted from T2;(i) If the instrument is not issued out of a fully consolidatedsubsidiary bank or the parentIslamic bank licensee in the consolidated group (e.g. a special purpose vehicle — "SPV"), proceeds must be immediately available without limitation to the parentIslamic bank licensee in the consolidated group in a form which meets or exceeds all of the other criteria for inclusion in T2 capital; and(j) Subject to Shari'a compliance, anIslamic bank licensee can issue T2 capital instruments in the form of Mudarabah or Wakalah Sukuk, which would be convertible (as specified in the contract) into shares of common equity at the point of non-viability or insolvency. It is essential that the terms of conversion, notably thetrigger event and the conversion ratio, are clearly specified in the Sukuk contract so as to avoid gharar. Prior to conversion, the underlying assets of such Sukuk would not be available to meet the claims of theIslamic bank licensee's current account holders or other creditors. After conversion of the Sukuk in case of theIslamic bank licensee's non-viability or insolvency, the resulting CET1 capital would rank pari passu with other CET1 shareholders.January 2015CA-2.1.10A
[This paragraph has been left blank.]
January 2015CA-2.1.10B
The issuance of any new shares as a result of a
trigger event must occur prior to any public sector injection of capital so that the capital provided by the public sector is not diluted.January 2015CA-2.1.10C
Where an issuing bank or SPV is part of a
banking group and the issuer wishes the instrument to be included in the total capital of the group (in addition to its solo capital where applicable), the terms and conditions must specify an additionaltrigger event .January 2015CA-2.1.10D
Any common stock paid as compensation to the holders of the instrument must be common stock of either the issuing bank or the
parent bank of the group (including any successor in resolution).January 2015Write Down or Conversion of Tier 2 Instruments
CA-2.1.10E
For the purposes of Subparagraph CA-2.1.10(j), the following provisions apply to T2 Sukuk instruments:
(a) Atrigger event occurs when the CET1 capital ratio of theIslamic bank licensee referred to in Subparagraph CA-B.2.1(a) falls below either of the following:(i) 7.0%; or(ii) A level higher than 7.0 %, where determined by theIslamic bank licensee and specified in the provisions governing the instrument; and(b)Islamic bank licensees may specify in the provisions governing the instrument one or moretrigger events in addition to that referred to in Subparagraph (a).January 2015CA-2.1.10F
Where the provisions governing T2 instruments require them to be converted into CET1 instruments upon the occurrence of a
trigger event , those provisions must specify either of the following:(a) The rate of such conversion and a limit on the permitted amount of conversion; or(b) A range within which the instruments will convert into CET1 instruments.January 2015CA-2.1.10G
Where the provisions governing T2 instruments require their principal amount to be written down upon the occurrence of a
trigger event , the write down must reduce all the following:(a) The claim of the holder of the instrument in the insolvency or liquidation of theIslamic bank licensee ;(b) The amount required to be paid in the event of the call or redemption of the instrument; and(c) The distributions made on the instrument.January 2015CA-2.1.10H
Write down or conversion of a T2 instrument must, under the applicable accounting framework, generate items that qualify as CET1 items.
January 2015CA-2.1.10I
The amount of T2 instruments recognised in T2 items is limited to the minimum amount of CET1 items that would be generated if the principal amount of the T2 instruments were fully written down or converted into CET1 instruments.
January 2015CA-2.1.10J
The aggregate amount of T2 instruments that is required to be written down or converted upon the occurrence of a
trigger event must be no less than the lower of the following:(a) The amount required to restore fully the CET1 ratio of theIslamic bank licensee to 7.0 %; and(b) The full principal amount of the instrument.January 2015CA-2.1.10K
When a
trigger event occursIslamic bank licensees must do the following:(a) Immediately inform the CBB;(b) Inform the holders of the T2 instruments; and(c) Write down the principal amount of the instruments, or convert the instruments into CET1 instruments without delay, but no later than within one month, in accordance with the requirement laid down in this Section.January 2015CA-2.1.10L
An
Islamic bank licensee issuing T2 instruments that convert to CET1 on the occurrence of atrigger event must ensure that its authorised share capital is at all times sufficient, for converting all such convertible T2 instruments into shares if atrigger event occurs.January 2015CA-2.1.10M
All necessary authorisations must be obtained at the date of issuance of such convertible T2 instruments. The
Islamic bank licensee must maintain at all times the necessary prior authorisation from the CBB to issue the CET1 instruments into which such T2 instruments would convert upon occurrence of atrigger event .January 2015CA-2.1.10N
An
Islamic bank licensee issuing T2 instruments that convert to CET1 on the occurrence of atrigger event must ensure that there are no procedural impediments to that conversion by virtue of its incorporation or statutes or contractual arrangements.January 2015Consequences of the Conditions for T2 Instruments Ceasing to Be Met
CA-2.1.10O
The following must apply where, in the case of a T2 instrument, the conditions laid down in Paragraph CA-2.1.10 cease to be met:
(a) That instrument must immediately cease to qualify as a T2 instrument; and(b) The part of the share premium accounts that relates to that instrument must immediately cease to qualify as a T2 item.January 2015Treatment of PSIA, PER and IRR
CA-2.1.11
Profit-sharing investment accounts of an
Islamic bank licensee are not classified as part of theIslamic bank licensee's capital because they do not meet the above-mentioned criteria of T1 or T2 Capital. Furthermore, all the investment risk reserve (IRR) and a portion of the profit equalisation reserve (PER) belong to the equity of investment account holders, and thus are not part of the capital of theIslamic bank licensee . As the purpose of a PER is to smooth the profit payouts and not to cover losses, any portion of a PER that is part of theIslamic bank licensee's reserves should also not be treated as part of the regulatory capital of theIslamic bank licensee . The impact of PER and IRR has already been incorporated in the alpha component of the denominator of the formula for the calculation of the CAR, as outlined in Paragraph CA-1.1.12.January 2015CA-2.2 CA-2.2 Limits and Minima on the Use of Different Forms of Capital
Consolidated T1 Capital and Total Capital
CA-2.2.1
CAR components and CARs outlined in Paragraph CA-B.2.1 must meet or exceed the following minimum ratios on a consolidated basis relative to total risk-weighted assets:
(a) CET1 must be at least 6.5% of risk-weighted assets at all times;(b) T1 Capital must be at least 8% of risk-weighted assets at all times;(c) Total Capital (T1 Capital plus T2 Capital) must be at least 10% of risk-weighted assets at all times;(d) In addition,Islamic bank licensees must meet the minimum Capital Conservation Buffer (CCB) requirement of 2.5% of risk-weighted assets. The CCB must be composed of CET1 and so this gives an aggregate 9% CET1 including the CCB minimum capital requirement;(e) A minimum 10.5% T1 Capital Adequacy Ratio including the above CCB requirement; and(f) A 12.5% minimum Total Capital Adequacy Ratio including the above CCB requirement.January 2015Solo Tier 1 Capital and Total Capital
CA-2.2.1A
CAR components and CARs outlined in Paragraph CA-B.2.1 must meet or exceed the following minimum ratios on a solo basis relative to total risk-weighted assets:
(a) CET1 must be at least 4.5% of risk-weighted assets at all times;(b) T1 Capital must be at least 6% of risk-weighted assets at all times;(c) Total Capital (T1 Capital plus T2 Capital) must be at least 8% of risk-weighted assets at all times; and(d) The minimum Capital Conservation Buffer (CCB) requirement of 2.5% of risk-weighted assets does not apply on a solo basis.January 2015CA-2.2.2
CET1 must be the predominant form of capital. Accordingly, the contribution of AT1 instruments towards the Minimum T1 Capital Ratios mentioned in Paragraphs CA-2.2.1 and CA-2.2.1A is limited to 1.5%.
January 2015CA-2.2.3
The limits on AT1 instruments and T2 instruments are based on the amount of CET1 after deductions pursuant to CA-2.4 (see Appendices CA-11 and CA-12 for examples of the threshold deduction effects and the caps).
January 2015Tier 2: Supplementary Capital
CA-2.2.4
The contribution of T2 capital towards the Minimum Total Capital Ratios and Minimum Total Capital plus Capital Conservation Buffer Ratios mentioned in Paragraphs CA-2.2.1 (consolidated) and CA-2.2.1A (solo) is limited to 2.0%.
January 2015CA-2.2.5
To explain the limits outlined in Paragraph CA-2.2.4 on the contributions of AT1 and T2 Capital to T1 and Total Capital, a simple example is given below where an
Islamic bank licensee on a consolidated basis has BD650mn of Core Equity Tier One Capital and BD200mn of AT1 and BD300mn of T1 Capital and BD10,000 mn of total risk-weighted assets:(a) 6.5% CET1 = BD650mn;(b) 8.0% T1 = BD800mn (i.e. only BD150mn of the AT1 may be included in the T1 minimum requirement;(c) 10% Total Capital = BD1,000 mn (i.e. only BD200mn of the T2 Capital may be included in the Total Capital requirement.This means that if the
Islamic bank licensee only has BD650mn of CET1, it cannot comply with the additional Capital Conservation Buffer Requirement of 2.5% nor can it use excess AT1 or T2 Capital to meet this requirement. Although it would appear that theIslamic bank licensee has BD1,150mn of total capital, only BD1,000mn can be used to meet the minimum ratios. This example serves to underline the importance of CET1. Unless anIslamic bank licensee can meet the CET1 minimum CARs of 6.5% and 9.0% mentioned above, it may not be able to meet any of the other minimum capital adequacy ratios outlined in Paragraph CA-2.2.1. A separate example of the effect of the T2 cap is given in Appendix CA-12.January 2015CA-2.3 CA-2.3 Minority Interest Held by Third Parties in Consolidated Banking Subsidiaries
Common Shares Issued by Consolidated Banking Subsidiaries
CA-2.3.1
In order for
minority interest arising from the issue of common shares by a fully consolidatedsubsidiary of theIslamic bank licensee to be recognised in CET1 for the consolidated CAR calculation, it must meet the following conditions:(a) The instrument giving rise to theminority interest would, if issued by theIslamic bank licensee , meet all of the criteria for classification as common shares for regulatory capital purposes;(b) Thesubsidiary that issued the instrument is itself a bank1,2; and(c) Thesubsidiary meets the limits outlined in Paragraph CA-2.3.2.
1 For the purposes of this paragraph, any institution that is subject to the same minimum prudential standards and level of supervision as a bank may be considered to be a bank.
2 Minority interest in a
subsidiary that is a bank is strictly excluded from theparent bank's common equity if theparent bank oraffiliate has entered into any arrangements to fund directly or indirectly minority investment in thesubsidiary whether through an SPV or through another vehicle or arrangement. The treatment outlined above, thus, is strictly available where all minority investments in the banksubsidiary solely represent genuine third party common equity contributions to thesubsidiary .January 2015CA-2.3.2
The amount of
minority interest meeting the criteria above that will be recognised in consolidated CET1 will be calculated as follows:(a) Totalminority interest meeting the criteria in Paragraph CA-2.3.1 minus the amount of the surplus CET1 of thesubsidiary attributable to the minority shareholders;(b) Surplus CET1 of thesubsidiary is calculated as the CET1 of thesubsidiary minus the lower of:(i) The minimum CET1 requirement of thesubsidiary plus the capital conservation buffer (CCB) (i.e. 7.0% of risk weighted assets or more as required by the concerned supervisor); and(ii) The portion of the consolidated minimum CET1 requirement plus the CCB (i.e. 9.0% of consolidated risk weighted assets) that relates to thesubsidiary ; and(c) The amount of the surplus CET1 that is attributable to the minority shareholders is calculated by multiplying the surplus CET1 by the percentage of CET1 that is held by minority shareholders.January 2015CA-2.3.2A
Appendix CA-1 outlines an example of the effect of the allocation of
minority interest between theparent bank and minority shareholders in the fully consolidatedsubsidiary .January 2015AT1 Qualifying Capital Issued by Consolidated Banking Subsidiaries
CA-2.3.3
AT1 capital instruments issued by a fully consolidated banking
subsidiary of theIslamic bank licensee to third party investors (including amounts under Paragraph CA-2.3.2) may receive recognition in consolidated T1 capital only if the instruments would, if issued by theIslamic bank licensee , meet all of the criteria for classification as T1 capital. The amount of this AT1 capital that will be recognised in consolidated AT1 will exclude amounts recognised in consolidated CET1 under Paragraph CA-2.3.2 and will be calculated as follows:(a) T1 of thesubsidiary issued to third parties minus the amount of the surplus T1 of thesubsidiary attributable to the third party investors;(b) Surplus T1 of thesubsidiary is calculated as the T1 of thesubsidiary minus the lower of: (1) the minimum T1 requirement of thesubsidiary plus the CCB and (2) the portion of the consolidated minimum T1 requirement plus the CCB that relates to thesubsidiary ; and(c) The amount of the surplus T1 that is attributable to the third party investors is calculated by multiplying the surplus T1 by the percentage of T1 that is held by third party investors.January 2015T2 Qualifying Capital Issued by Consolidated Subsidiaries
CA-2.3.4
T2 capital instruments issued by a fully consolidated banking
subsidiary of theIslamic bank licensee to third party investors (including amounts under Paragraphs CA-2.3.2 and CA-2.3.3) may receive recognition in consolidated Total Capital only if the instruments would, if issued by theIslamic bank licensee , meet all of the criteria for classification as T2 capital. The amount of this T2 capital that will be recognised in theparent bank's T2 will exclude amounts recognised in CET1 under Paragraph CA-2.3.2 and amounts recognised in AT1 under Paragraph CA-2.3.3 and will be calculated as follows:(a) Total capital instruments of thesubsidiary issued to third parties minus the amount of the surplus Total Capital of thesubsidiary attributable to the third party investors;(b) Surplus Total Capital of thesubsidiary is calculated as the Total Capital of thesubsidiary minus the lower of:(i) The minimum Total Capital requirement of thesubsidiary plus the capital conservation buffer; and(ii) The portion of the consolidated minimum Total Capital requirement plus the capital conservation buffer that relates to thesubsidiary ; and(c) The amount of the surplus Total Capital that is attributable to the third party investors is calculated by multiplying the surplus Total Capital by the percentage of Total Capital that is held by third party investors.January 2015CA-2.3.5
Where capital has been issued to third parties out of a special purpose vehicle (SPV), none of this capital can be included in consolidated CET1. However, such capital can be included in consolidated AT1 or T2 and treated as if the
Islamic bank licensee itself had issued the capital directly to the third parties only if it meets all the relevant entry criteria and the only asset of the SPV is its investment in the capital of theIslamic bank licensee in a form that meets or exceeds all the relevant entry criteria3 (as required by CA-2.1.5(r) for AT1 and CA-2.1.8(i) for T2). In cases where the capital has been issued to third parties through an SPV via a fully consolidatedsubsidiary of theIslamic bank licensee , such capital may, subject to the requirements of this Paragraph, be treated as if thesubsidiary itself had issued it directly to the third parties and may be included in theIslamic bank licensee 's consolidated AT1 or T2 in accordance with the treatment outlined in Paragraphs CA-2.3.3 and CA-2.3.4.
3 Assets that relate to the operation of the SPV may be excluded from this assessment if they are de minimis.
January 2015CA-2.4 CA-2.4 Regulatory Adjustments (Solo and Consolidated)
CA-2.4.1
This section sets out the regulatory adjustments to be applied to Regulatory Capital. There are four stages of adjustments for CET1. In most cases these adjustments are applied in the calculation of CET1. The first set of adjustments is applied in Paragraphs CA-2.4.2 to CA-2.4.15. A subtotal for CET1 is obtained (this can be called CET1a). A second regulatory adjustment described in Paragraphs CA-2.4.16 to CA-2.4.19 is then applied to CET1a (this adjustment results in CET1b). A third regulatory adjustment described in Paragraphs CA-2.4.20 to CA-2.4.21 is then applied to CET1b (this adjustment results in CET1c). Then a final regulatory adjustment described in Paragraph CA-2.4.23 is then applied to CET1c (this adjustment results in CET1d). This is the amount of CET1 that can be used for the calculation of the CAR and determining all other applicable caps on T1 and T2. An example of the effects of the regulatory deductions is given in Appendix CA-11.
January 2015Goodwill and Other Intangibles (Except Mortgage Servicing Rights)
CA-2.4.2
Goodwill must be deducted in the calculation of CET1, including any goodwill included in the valuation of significant investments in the capital of banking, financial and Takaful entities that are outside the scope of regulatory consolidation. The full amount is to be deducted net of any associated deferred tax liability which would be extinguished if the goodwill becomes impaired or derecognised under IFRS or AAOIFI. The amount to be deducted in respect of mortgage servicing rights is set out in Paragraph CA-2.4.23A. Intangible assets other than goodwill and mortgage service rights are subject to transitional arrangements and are phased out as regulatory adjustments as outlined in Subparagraph CA-B.2.1(d).
Amended: April 2015
January 2015CA-2.4.3
Islamic bank licensees must use the IFRS or AAOIFI definitions (as applicable) of intangible assets to determine which assets are classified as intangible and are thus required to be deducted.January 2015Deferred Tax Assets
CA-2.4.4
Deferred tax assets (DTAs) that rely on future profitability of the
Islamic bank licensee to be realised are to be deducted in the calculation of CET1. Deferred tax assets may be netted with associated deferred tax liabilities (DTLs) only if the DTAs and DTLs relate to taxes levied by the same taxation authority and offsetting is permitted by the relevant taxation authority. Where these DTAs relate to temporary differences (e.g. allowance for credit losses) the amount to be deducted is set out in Paragraph CA-2.4.23. All other such assets, e.g. those relating to operating losses, such as the carry forward of unused tax losses, or unused tax credits, are to be deducted in full net of deferred tax liabilities as described above. The DTLs permitted to be netted against DTAs must exclude amounts that have been netted against the deduction of goodwill, intangibles and defined benefit pension assets, and must be allocated on a pro rata basis between DTAs subject to the threshold deduction treatment and DTAs that are to be deducted in full.January 2015CA-2.4.5
An over instalment of tax or, in some jurisdictions, current year tax losses carried back to prior years may give rise to a claim or receivable from the government or local tax authority. Such amounts are typically classified as current tax assets for accounting purposes. The recovery of such a claim or receivable would not rely on the future profitability of the
Islamic bank licensee and must be assigned the relevant sovereign risk weighting.January 2015Cash Flow Hedge Reserve
CA-2.4.6
The amount of the cash flow hedge reserve that relates to the hedging of items that are not fair valued on the balance sheet (including projected cash flows) must be derecognised in the calculation of CET1. This means that positive amounts must be deducted and negative amounts must be added back.
January 2015CA-2.4.7
This treatment specifically identifies the element of the cash flow hedge reserve that is to be derecognised for prudential purposes. It removes the element that gives rise to artificial volatility in common equity, as in this case the reserve only reflects one half of the picture (the fair value of the Shari'a compliant hedging contracts, but not the changes in fair value of the hedged future cash flow).
January 2015Gain on Sale Related to Securitisation Transactions
CA-2.4.8
Any increase in equity capital resulting from a
securitisation transaction (see Chapter CA-8) must be deducted from the calculation of CET1.January 2015CA-2.4.9
[This paragraph has been left blank.]
January 2015Defined Benefit Pension Fund Assets and Liabilities
CA-2.4.10
Defined benefit pension fund liabilities, as included on the balance sheet, must be fully recognised in the calculation of CET1 (i.e. CET1 cannot be increased through derecognising these liabilities). For each defined benefit pension fund that is an asset on the balance sheet, the asset must be deducted in the calculation of CET1 net of any associated deferred tax liability which would be extinguished if the asset should become impaired or derecognised under the relevant accounting standards. Assets in the fund to which the
Islamic bank licensee has unrestricted and unfettered access can, with supervisory approval, offset the deduction. Such offsetting assets must be given the risk weight they would receive if they were owned directly by theIslamic bank licensee .January 2015CA-2.4.11
Paragraph CA-2.4.10 only applies to
Islamic bank licensees which havesubsidiaries which are located in jurisdictions where there are defined benefit pension schemes and addresses the concern that assets arising from pension funds may not be capable of being withdrawn and used for the protection of depositors and other creditors of a bank. The concern is that their only value stems from a reduction in future payments into the fund. The treatment allows for banks to reduce the deduction of the asset if they can address these concerns and show that the assets can be easily and promptly withdrawn from the fund.January 2015Investments in Own Shares
CA-2.4.12
All of an
Islamic bank licensee's investments in its own common shares, whether held directly or indirectly must be deducted in the calculation of CET1. In addition, any own stock which theIslamic bank licensee could be contractually obliged to purchase must be deducted in the calculation of CET1. The treatment described applies irrespective of the location of the exposure in the banking book or the trading book. In addition:(a) Gross long positions may be deducted net of short positions in the same underlying exposure only if the short positions involve no counterparty risk (i.e. this would normally mean that the long and short positions are with the same counterparty and a valid close-out netting agreement is in place);(b)Islamic bank licensees must look through holdings of index securities to deduct exposures to own shares. However, gross long positions in own shares resulting from holdings of index securities may be netted against short positions in own shares resulting from short positions in the same underlying index where they are undertaken with the same counterparty. In such cases the short positions may still involve counterparty risk (which is subject to the relevant counterpartycredit risk charge); and(c) Any shares of theIslamic bank licensee held as collateral against exposures to customers are considered to be held indirectly and are subject to deduction.Amended: April 2015
January 2015CA-2.4.13
The deduction under Paragraph CA-2.4.12 is necessary to avoid the double counting of an
Islamic bank licensee's own capital. The treatment seeks to remove the double counting that arises from direct holdings, indirect holdings via index funds and potential future holdings as a result of contractual obligations to purchase own shares.January 2015CA-2.4.14
Islamic bank licensees must deduct investments in their own AT1 in the calculation of their AT1 capital and must deduct investments in their own T2 in the calculation of their T2 capital.January 2015Reciprocal Cross Holdings in the Capital of Banking and Financial Entities
CA-2.4.15
Reciprocal cross holdings of capital that are designed to artificially inflate the capital position of
Islamic bank licensees will be deducted in full.Islamic bank licensees must apply a "corresponding deduction approach" to such investments in the capital of other banks and otherfinancial entities . This means the deduction must be applied to the same component of capital for which the capital would qualify if it was issued by theIslamic bank licensee itself. The above adjustments (CA-2.4.2 to CA-2.4.15) must now be aggregated and applied to CET1 to obtain a subtotal (CET1a). This new adjusted CET1a is used for the purpose of calculating the next adjustment.January 2015Investments in the Capital of Banking and Financial Entities that are Outside the Scope of Regulatory Consolidation and Where the Bank Does not Own More than 10% of the Issued Common Share Capital of the Entity
CA-2.4.16
The regulatory adjustment described in Paragraph CA-2.4.17 applies to investments in the capital of banking and
financial entities that are outside the scope of regulatory consolidation and where theIslamic bank licensee does not own more than 10% of the issued common share capital of the entity. In addition:(a) Investments include direct and indirect4 holdings of capital instruments. For example,Islamic bank licensees must look through holdings of index securities to determine their underlying holdings of capital;5(b) Holdings in both the banking book and trading book must be included. Capital includes common stock and all other types of capital instruments. It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year);(c) Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included; and(d) If the capital instrument of the entity in which theIslamic bank licensee has invested does not meet the criteria for CET1, AT1, or T2 (see CA-2.1.2(f)) of the concerned bank, the capital is to be considered common shares for the purposes of this regulatory adjustment. However, if the investment is issued out of a regulatedfinancial entity and not included in regulatory capital in the relevant jurisdiction of thefinancial entity , it is not required to be deducted.
4 Indirect holdings are exposures or parts of exposures that, if a direct holding loses its value, will result in a loss to the bank substantially equivalent to the loss in value of the direct holding.
5 If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, banks must risk weight all such holdings in funds at 1,250% as per the 'fall-back approach' outlined in the Basel Committee document "Capital requirements for banks' equity investments in funds - final standard" dated December 2013.
January 2015CA-2.4.17
If the total of all holdings listed in Paragraph CA-2.4.16 in aggregate exceed 10% of the
Islamic bank licensee's CET1a (i.e. after applying all other regulatory adjustments from Paragraph CA-2.4.2 to Paragraph CA-2.4.15) then the amount above 10% is required to be deducted, applying a corresponding deduction approach. This means the deduction must be applied to the same component of capital for which the capital would qualify if it was issued by theIslamic bank licensee itself. Accordingly, the amount to be deducted from CET1a must be calculated as the total of all holdings which in aggregate exceed 10% of theIslamic bank licensee's CET1a (as per above) multiplied by the common equity holdings as a percentage of the total capital holdings. This would result in a CET1a deduction which corresponds to the proportion of total capital holdings held in CET1a. Similarly, the amount to be deducted from AT1 capital must be calculated as the total of all holdings which in aggregate exceed 10% of theIslamic bank licensee's CET1a (as per above) multiplied by the AT1 capital holdings as a percentage of the total capital holdings. The amount to be deducted from T2 capital must be calculated as the total of all holdings which in aggregate exceed 10% of theIslamic bank licensee's CET1a (as per above) multiplied by the T2 capital holdings as a percentage of the total capital holdings.January 2015CA-2.4.18
See Paragraph CA-2.4.21 for further details on what to do if, under the corresponding deduction approach, an
Islamic bank licensee is required to make a deduction from a particular tier of capital and it does not have enough of that tier of capital to satisfy that deduction.January 2015CA-2.4.19
Amounts below the threshold, which are not deducted, will continue to be risk weighted. Thus, instruments in the trading book will be treated as per the
market risk rules and instruments in the banking book must be treated as per Chapter CA-5. For the application of risk weighting the amount of the holdings must be allocated on a pro rata basis between those below and those above the threshold. The above adjustments (CA-2.4.16 to CA-2.4.18) must now be aggregated and applied to CET1a to obtain a new subtotal (CET1b). This new adjusted CET1b is used for the purpose of calculating the next adjustment.January 2015Significant Investments in the Capital of Banking and Financial Entities that are Outside the Scope of Regulatory Consolidation6
CA-2.4.20
The regulatory adjustment described in Paragraph CA-2.4.21 applies to investments in the capital of banking and
financial entities that are outside the scope of regulatory consolidation where theIslamic bank licensee owns more than 10% of the issued common share capital of the issuing entity or where the entity is anaffiliate of theIslamic bank licensee . In addition:(a) Investments include direct and indirect holdings of capital instruments. For example,Islamic bank licensees must look through holdings of index securities to determine their underlying holdings of capital;7(b) Holdings in both the banking book and trading book are to be included. Capital includes common stock and all other types of capital instruments. It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year);(c) Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included; and(d) If the capital instrument of the entity in which theIslamic bank licensee has invested does not meet the criteria for CET1, AT1, or T2 capital (see CA-2.1.2(f)) of the concerned bank, the capital is to be considered common shares for the purposes of this regulatory adjustment. However, if the investment is issued out of a regulatedfinancial entity and not included in regulatory capital of thefinancial entity , it is not required to be deducted.
6 Investments in entities that are outside the scope of regulatory consolidation refers to investments in entities that have not been consolidated at all or have not been consolidated in such a way as to result in their assets being included in the calculation of consolidated risk-weighted assets of the group.
7 If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, the CBB may permit banks, subject to prior CBB approval, to use a conservative estimate.
January 2015CA-2.4.21
All investments in Paragraph CA-2.4.20 that are not common shares must be fully deducted following a corresponding deduction approach. This means the deduction must be applied to the same tier of capital for which the capital would qualify if it was issued by the
Islamic bank licensee itself. If theIslamic bank licensee is required to make a deduction from a particular tier of capital and it does not have enough of that tier of capital to satisfy that deduction, the shortfall will be deducted from the next higher tier of capital (e.g. if anIslamic bank licensee does not have enough AT1 capital to satisfy a particular deduction, the shortfall will be deducted from CET1c).January 2015CA-2.4.22
Investments in Paragraph CA-2.4.20 that are common shares are subject to the threshold treatment described in Paragraph CA-2.4.23. The above adjustments (CA-2.4.20 to CA-2.4.21) must be aggregated and applied to CET1b to obtain a new subtotal (CET1c). This new adjusted CET1c is used for the purpose of calculating the next adjustment.
January 2015Threshold Deductions
CA-2.4.23
If the total of all common equity holdings listed in Paragraph CA-2.4.20 in aggregate exceeds 10% of the
Islamic bank licensee's CET1c, then the amount above 10% is required to be deducted from CET1c (see Appendices CA-11 and CA-12 for examples). After this deduction, theIslamic bank licensee must deduct the amount by which each of items b) and c) in Paragraph CA-2.4.23A individually exceeds 10% of its CET1c. After these individual deductions, the aggregate of the three items below which exceeds 15% of its CET1c (calculated prior to the deduction of these items but after application of all other regulatory adjustments to CET1 applied in Paragraphs CA-2.4.2 to CA-2.4.21) must be deducted from CET1c. The adjustments in this Paragraph are applied to CET1c to obtain a new subtotal (CET1d). This new adjusted CET1d is used for calculating the consolidated CAR and the applicable caps on AT1 and T2. The items included in the 15% aggregate limit are subject to full disclosure.January 2015CA-2.4.23A
As of 1 January 2020, the calculation of the 15% limit will be subject to the following treatment: the sum of the three items below that remains recognised after the application of all regulatory adjustments must not exceed 15% of CET1d (See Appendix CA-3 for an example):
(a) Significant investments in the common shares of unconsolidated banks and other financial entities) as referred to in Paragraph CA-2.4.20;(b) Mortgage servicing rights (MSRs); and(c) Deferred Tax Assets (DTAs) that arise from temporary differences.January 2015CA-2.4.24
The amount of the three above items that are not deducted in the calculation of CET1d is risk weighted at 250% (see Paragraph CA-3.2.26).
January 2015Former Deductions from Capital
CA-2.4.25
The following items receive the following risk weights:
(b) Non-payment/delivery on non-DvP and non-PvP transactions (see Appendix CA-4): 1,250%;(c) The amount of any significant investments in commercial entities, as defined in Paragraph CM-4.10.5, which exceed the materiality is risk weighted at 800%. The materiality thresholds for these investments are: 15% of Total Capital for individual significant investments; and 60% of Total Capital for the aggregate of such investments; and(d) Anyexposures above the largeexposures limits set by the CBB in Chapter CM-4 of the CBB Rulebook: 800%.Amended: October 2016
Amended: July 2015
Amended: April 2015
January 2015CA-2.4.26
For Subparagraphs CA-2.4.25 (c) and (d), amounts below the materiality thresholds and large
exposure limits continue to be risk weighted in accordance with Chapter CA-3. Where the remaining holdings are made up of holdings carrying different risk weights, the application of the risk weighting must be allocated on a pro rata basis for thoseexposures that are not subject to the 800% risk weight. Appendix CA-10 gives an example of the way to calculate the risk weighted assets and the effect of the limits outlined in Subparagraphs CA-2.4.25 (c) and (d).Added: July 2015CA-2A CA-2A Capital Conservation Buffer
CA-2A.1 CA-2A.1 Capital Conservation Best Practice
CA-2A.1.1
This section outlines the operation of the capital conservation buffer, which is designed to ensure that banks build up capital buffers outside periods of stress which can be drawn down as losses are incurred. The requirement is based on simple capital conservation rules designed to avoid breaches of minimum capital requirements.
January 2015CA-2A.1.2
Outside of periods of stress,
Islamic bank licensees must hold buffers of capital above the regulatory minimum.January 2015CA-2A.2 CA-2A.2 The Capital Conservation Buffer Requirement
CA-2A.2.1
Islamic bank licensees are required to hold a capital conservation buffer of 2.5%, comprised of CET1 above the regulatory minimum Total Capital ratio of 10%.8 Any capital raised through the issuance of Sukuk cannot be considered a part of the buffer as Sukuk do not qualify for inclusion in CET1. Capital distribution constraints will be imposed on anIslamic bank licensee when the CCB falls below 2.5%. The constraints imposed only relate to distributions, not the operation of theIslamic bank licensee .
8 Common Equity Tier 1 must first be used to meet the minimum capital requirements (including the 8% T1 and 10% Total Capital requirements if necessary), before the remainder can contribute to the capital conservation buffer.
January 2015CA-2A.2.2
Islamic bank licensees must note that they are required to maintain a minimum consolidated Total Capital Ratio of 12.5% and a solo Total Capital Ratio of 8% regardless of whether they do or do not have AT1 or T2 Capital and thereforeIslamic bank licensees will be required to retain 100% of the annual net profit unless their consolidated Total Capital Ratio is above 12.5% and their solo Total Capital Ratio is above 8%.January 2015CA-2A.2.3
Elements subject to the restriction on distributions: Items considered to be distributions include dividends and share buybacks, discretionary profit distributions on other T1 capital instruments and discretionary bonus payments to staff. Payments that do not result in a depletion of CET1, which may for example include certain scrip dividends, are not considered distributions;
January 2015Capital Conservation Plan
CA-2A.2.4
Where an
Islamic bank licensee fails to meet the required level of capital conservation buffer, it must prepare a Capital Conservation Plan (hereinafter referred to as "Plan") clearly outlining the information mentioned in this Paragraph. TheIslamic bank licensee must submit this Plan to the CBB within one week of becoming aware of the shortfall (see also CA-1.2.2). TheIslamic bank licensee must already have prepared such a Plan on a contingency basis. The Plan must include the following:(a) Estimates of income and expenditure and a forecasted balance sheet;(b) Measures to be taken to increase theIslamic bank licensee 's capital ratios;(c) A plan and time frame for the increase of capital with the objective of meeting fully the buffer requirement; and(d) Any other information the CBB deems necessary to carry out the assessment required, as indicated in Paragraph CA-2A.2.5.January 2015CA-2A.2.5
The CBB shall review the Plan submitted by the
Islamic bank licensee and shall approve it provided it considers that the Plan provides a reasonable basis for conserving or raising sufficient capital that will enable theIslamic bank licensee to meet the buffer requirements within a period acceptable to the CBB. While reviewing the Plan, the CBB will also evaluate whether theIslamic bank licensee has deliberately reduced its CET1 so as to operate in the buffer range (i.e. below the capital conservation buffer requirement) in order to reduce its cost of capital for competitive purposes.January 2015CA-2A.2.6
If the Plan is not approved by the CBB, it may take one or more of the following steps, inter alia, as deemed necessary:
(a) Ask theIslamic bank licensee to revise the Plan and resubmit it within a specified time period;(b) Require theIslamic bank licensee to raise new capital from private sources to specified levels within specified periods; or(c) Impose more stringent restrictions on distributions than those required by Paragraph CA-2A.2.3.January 2015CA-2A.3 CA-2A.3 Implementation Date
CA-2A.3.1
The capital conservation buffer will be implemented on 1 January 2015. It will be set at 2.5% of RWAs.
January 2015CA-2A.3.2
Islamic bank licensees must maintain prudent earnings retention policies with a view to meeting the conservation buffer at all times.January 2015CA-2A.3.3
[This Paragraph was deleted in April 2015.]
Deleted: April 2015
January 2015CA-2A.3.4
The CBB will issue rules and guidance on the countercyclical buffer in due course. The CBB reserves the right to use its discretion on the timing and amount of the countercyclical buffer, depending on economic conditions in the region and globally.
January 2015PART 2: PART 2: Credit Risk
CA-3 CA-3 The Banking Book — Minimum Capital Requirements for Islamic Financing & Investment Assets
CA-3.1 CA-3.1 Background
CA-3.1.1
Due to the nature of Islamic banking transactions, Islamic banks, as opposed to their conventional counterparts, are additionally exposed to price risk in their banking book. The CBB recognises that such risks need to be identified and measured for regulatory capital purposes.
January 2015CA-3.2 CA-3.2 Murabahah and Murabahah to the Purchase Orderer
Introduction
CA-3.2.1
This section sets out the minimum capital adequacy requirements to cover the transactions that are based on the Sharia rules and principles of Murabaha and Murabaha to the Purchase Orderer (MPO).
January 2015CA-3.2.2
In Murabaha and MPO, the capital requirement for
credit risk refers to the risk of a counterparty not paying the purchase price of an asset to theIslamic bank licensee . In the case of market (price) risk, the capital requirement is applicable with respect to: (a) assets in theIslamic bank licensee's possession which are available for sale either on the basis of Murabaha or MPO; and (b) assets which are in its possession due to the customer's non-performance of a promise to purchase (PP) in either non-binding or binding MPO.January 2015CA-3.2.2A
The CBB has discretion to apply to
Islamic bank licensee the relevant provisions of this section for other forms of sale contract, namely Musawamah and Bay` Bithaman Ajil.January 2015Murabahah and Non-binding MPO
CA-3.2.3
This section is broadly divided into (a) Murabahah and non-binding MPO and (b) binding MPO, as the types of risk faced by the
Islamic bank licensee are different at the various stages of the contract for the two categories.January 2015CA-3.2.4
This classification and the distinctions between a non-binding MPO and a binding MPO are subject to the criteria and opinions set by the respective SSB of the
Islamic bank licensee .January 2015CA-3.2.5
A Murabahah contract refers to an agreement whereby the
Islamic bank licensee sells to a customer at acquisition cost (purchase price plus other direct costs) plus an agreed profit margin, a specified kind of asset that is already in its possession. An MPO contract refers to an agreement whereby theIslamic bank licensee sells to a customer at cost (as above) plus an agreed profit margin, a specified kind of asset that has been purchased and acquired by theIslamic bank licensee based on a Promise to Purchase (PP) by the customer which can be a binding or non-binding PP.January 2015CA-3.2.6
In a Murabahah transaction, the
Islamic bank licensee sells an asset that is already available in its possession, whereas in a MPO transaction theIslamic bank licensee acquires an asset in anticipation that the asset will be purchased by the orderer/customer .January 2015CA-3.2.7
The price risk in Murabahah contracts ceases and is replaced by
credit risk for the amount receivable from the customer following delivery of the asset. Likewise, in a non-binding MPO transaction, theIslamic bank licensee is exposed tocredit risk on the amount receivable from thecustomer when the latter accepts delivery and assumes ownership of the asset.January 2015Binding MPO
CA-3.2.8
In a binding MPO, the
Islamic bank licensee has no "long" position in the asset that is the subject of the transaction, as there is a binding obligation on the customer to take delivery of the asset at a pre-determined price. TheIslamic bank licensee is exposed to counterparty risk in the event that the orderer in a binding MPO does not honour his/her obligations under the PP, resulting in theIslamic bank licensee having to dispose of the asset to a third party at a selling price which may be lower than the cost to theIslamic bank licensee . Depending on the Shari'a rulings that are applicable, the risk of selling at a loss may be mitigated by requiring the customer to deposit a Hamish Jiddiyah (HJ) upon executing the PP, as commonly practised in the case of a binding MPO. TheIslamic bank licensee would have recourse to the customer for any shortfall in the HJ to compensate for the loss, and would be obliged to refund to the customer any amount of the HJ in excess of the loss. The HJ may be treated, after the conclusion of Murabahah, as part of the payment of the agreed selling price under the Murabahah contract. Alternatively, theIslamic bank licensee may take a down-payment (Urbun) from the purchase orderer when signing the contract. This payment is retained by theIslamic bank licensee if the purchase orderer fails to execute the contract, whereas on the execution of the contract the Urbun is treated as a payment in advance.January 2015Collateralisation
CA-3.2.9
The
Islamic bank licensee can secure a pledge of the sold asset/underlying asset or another tangible asset ("collateralised Murabahah"). The collateralisation is not automatically provided in a Murabahah contract but must be explicitly stated or must be documented in a separate security agreement at or before the time of signing of the Murabahah contract. TheIslamic bank licensee may employ other techniques such as pledge of deposits or a third party financial guarantee. The Risk Weight (RW) of a financial guarantor can be substituted for the RW of the purchaser provided that the guarantor has a better credit rating than the purchaser and that the guarantee is legally enforceable (see Section CA-4.7).January 2015CA-3.2.10
In financing transactions that are collateralised, the CRM would take into account of any 'haircut' applicable to the any eligible financial collateral listed in Paragraph CA-4.7.25). Murabahah and binding MPO collateralised by real estate is covered in Paragraphs CA-4.2.19–20.
January 2015Credit Risk
Murabahah and Non-binding MPO
CA-3.2.11
The credit exposure must be measured based on accounts receivable in Murabahah (the term used herein includes MPO), which is recorded at their cash equivalent value i.e. amount due from the customers at the end of the reporting quarter less any provision for doubtful debts.
January 2015CA-3.2.12
The accounts receivable (net of specific provisions) amount arising from the selling of a Murabahah asset must be assigned a RW based on the credit standing of the obligor (purchaser or guarantor) as rated by an ECAI that is approved by the CBB. In case the obligor is unrated, a RW of 100% shall apply. (See Section CA-4.2).
January 2015Binding MPO
CA-3.2.13
In a binding MPO, the
Islamic bank licensee is exposed to default on the purchase orderer's obligation to pay fully for the asset at the agreed price. In the event of the orderer defaulting on its PP, theIslamic bank licensee will dispose of the asset to a third party. TheIslamic bank licensee will have recourse to any HJ9 paid by the orderer, and (a) may have a right to recoup from the orderer any loss on disposing of the asset, after taking account of the HJ or (b) may have no such legal rights. In both cases, this risk is mitigated by the asset in possession as well as any HJ paid by the purchase orderer.
9 The bank's recourse to HJ should be within the limits of the actual loss, which is the difference between the actual cost and the sale price of the asset.
January 2015CA-3.2.14
In case (a) of Paragraph CA-3.2.13, the
Islamic bank licensee has the right to recoup any loss (as indicated in the previous paragraph) from the orderer, that right constitutes a claim receivable which is exposed tocredit risk , and the exposure shall be measured as the amount of the asset's total acquisition cost to theIslamic bank licensee , (less the value of any eligible financial collateral (see Paragraph CA-4.7.25) subject to any haircut, and less the amount of any HJ). The applicable RW must be based on the standing of the obligor as rated by an ECAI that is approved by the CBB, and in the case the obligor is unrated, a RW of 100% shall apply (See Section CA-4.2).January 2015CA-3.2.15
In case (b) of Paragraph CA-3.2.13, the
Islamic bank licensee has no legal right, and the cost of the asset to theIslamic bank licensee constitutes amarket risk (as in the case on a non-binding MPO), but themarket risk exposure is reduced by the amount of any HJ that theIslamic bank licensee has the right to retain.January 2015CA-3.2.16
In applying the treatment as set out in the Paragraph CA-3.2.15, the
Islamic bank licensee must ensure that the PP is properly documented and legally enforceable. In the absence of proper documentation and legal enforceability, the asset is to be treated as similar to a non-binding MPO which is exposed to price risk, where the measurement approach is as set out in Paragraphs CA-3.2.20 and CA-3.2.21.January 2015CA-3.2.17
Upon selling the asset, the accounts receivable (net of specific provisions) amount must be assigned a RW based on the credit standing of the obligor as rated by an ECAI that is approved by the CBB. In case the obligor is unrated, a RW of 100% applies. (See Section CA-4.2).
January 2015Exclusions
CA-3.2.18
The capital requirement is to be calculated on the receivable amount, net of (i) specific provisions, (ii) any amount that is secured by eligible financial collateral (as defined in Paragraph CA-4.7.25) and/or (iii) any amount that is past due 90 days or more (see Section CA-4.2).
Amended: July 2017
January 2015Assignment of Risk Weights
CA-3.2.19
The assets of collateralised Murabaha may be categorised as per the claim categories detailed in Section CA-4.2, and risk weighted accordingly.
Islamic bank licensees should ensure that the appropriate risk weight is used based on the claim category for each transaction.January 2015Market Risk
Murabahah and Non-binding MPO
CA-3.2.20
In the case of an asset in possession in a Murabahah transaction and an asset acquired specifically for resale to a customer in a non-binding MPO transaction, the asset must be treated as inventory of the
Islamic bank licensee and, using the simplified approach, the capital charge for such amarket risk exposure is 15% of the amount of the position (carrying value). The 15% capital charge is also applicable to assets held by anIslamic bank licensee in respect of incomplete non-binding MPO transactions at the end of a financial period.January 2015CA-3.2.21
Assets in possession on a 'sale or return' basis (with such an option included in the contract) are treated as accounts receivable from the vendor and as such would be offset against the related accounts payable to the vendor. If these accounts payable have been settled, the assets must attract a RW based on rating of the vendor (100% in case of unrated), subject to (a) the availability of documentation evidencing such an arrangement with the vendor, and (b) the period for returning the assets to the vendor not having been exceeded. If the above conditions are not satisfied, capital charge will be provided as per Paragraph CA-3.2.20.
January 2015Binding MPO
CA-3.2.22
In a binding MPO the orderer has the obligation to purchase the asset at the agreed price, and the
Islamic bank licensee as the seller is not exposed tomarket risk in respect of the asset, but only tocredit risk as indicated in Paragraph CA-3.2.13.January 2015Foreign Exchange Risk
CA-3.2.23
If the funding of an asset purchase or the selling of an asset opens an
Islamic bank licensee to foreign exchange exposures, the relevant positions must be included in the measurement of foreign exchange risk described in Section CA-5.5.January 2015Summary of Capital Requirement at Various Stages of the Contract
CA-3.2.24
The following table sets out the applicable stages of the contract that attracts capital charges:
(a) Murabahah and Non-binding MPO
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Asset available for sale (asset on balance sheet)* Not applicable Price risk (15% Capital Charge) Asset is sold and title is transferred to a customer and the selling price (accounts receivable) is due from the customer. Based on customer's rating or 100% RW for unrated customer (see Paragraphs CA-3.2.11 and CA-3.2.12) NA Upon full settlement of the purchase price. NA NA
* Also includes an asset which is in possession due to cancellation of PP by a non-binding MPO customer. Any HJ taken, if any, is not considered as eligible collateral and must not be offset against the value of the asset.(b) Binding MPO
Applicable Stage of the Contract Credit RW*** Market Risk Capital Charge Asset available for sale (asset on balance sheet)* — If the bank has legal right to recoup from the customer any loss on disposing of the asset Asset acquisition cost less [market value of asset if eligible as collateral (net of any haircut**) less any HJ] x applicable RW (see chapter CA-4) NA Asset is sold and delivered to a customer (accounts receivable is due from the customer). Based on customer's rating or 100% RW for unrated customer (see section CA-4.2) NA Upon full settlement of the purchase price. NA NA
* Also includes an asset which is in possession due to cancellation of PP by a customer.
** Please refer to CRM Section CA-4.7 for eligibility of collateral and application of haircuts.
***This credit RW is applicable only when the bank will have recourse to any HJ or Urbun paid by the customer, and (depending on the legal situation) in the case of HJ may have a right to recoup from the customer any loss on disposing of the asset, after taking account of the HJ. (This right does not exist in the case of Urbun.)
If the bank has no such right, the cost of the asset to the bank constitutes amarket risk (as in the case of a non-binding MPO), but thismarket risk exposure is reduced by the amount of any HJ that the bank has the right to retain.January 2015CA-3.3 CA-3.3 Salam and Parallel Salam
Introduction
CA-3.3.1
This section sets out the minimum capital requirement to cover credit and market (price) risks arising from entering into contracts or transactions that are based on the Shari'a rules and principles of Salam. The
Islamic bank licensee is exposed to the (a) credit (counterparty) risk of not receiving the purchased commodity after disbursing the purchase price to the seller, and (b) price risk that theIslamic bank licensee incurs from the date of execution of a Salam contract, which is applicable throughout the period of the contract and beyond the maturity date of the contract as long as the commodity remains on the balance sheet of theIslamic bank licensee , in the absence of a hedge in the form of a parallel Salam contract covering the subject matter (A parallel contract may also be used to hedge part of the exposure).January 2015CA-3.3.2
This section is applicable to (a) Salam contracts that are executed without any Parallel Salam contracts and (b) Salam contracts that are backed by independently executed Parallel Salam contracts.
January 2015CA-3.3.3
A Salam contract refers to an agreement to purchase, at a predetermined price, a specified kind of commodity10 which is to be delivered on a specified future date in a specified quantity and quality. The
Islamic bank licensee as the buyer makes full payment of the purchase price upon execution of a Salam contract or within a subsequent period not exceeding two or three days as deemed permissible by its Sharia Supervisory Board (SSB).
10 A commodity is defined as a physical product which is and can be traded on a secondary market, e.g. agricultural products, minerals (including oil) and precious metals. The commodity may or may not be traded on an organised exchange.
January 2015CA-3.3.4
In certain cases the
Islamic bank licensee may enter into a back-to-back contract (Parallel Salam) to sell a commodity with the same specification as the purchased commodity under a Salam contract to a party other than the original seller. The Parallel Salam allows theIslamic bank licensee to sell the commodity for future delivery at a predetermined price (thus hedging the price risk on the original Salam contract) and protects theIslamic bank licensee from having to take delivery of the commodity and warehousing it. As noted above, such a parallel contract may also be used as a partial hedge.January 2015CA-3.3.5
The non-delivery of the commodity by a Salam seller (i.e. counterparty risk) does not discharge the
Islamic bank licensee's obligations to deliver the commodity under a Parallel Salam contract, and thus exposes theIslamic bank licensee to potential loss in obtaining the supply elsewhere.January 2015CA-3.3.6
The obligations of an
Islamic bank licensee under Salam and Parallel Salam are not inter-conditional or interdependent, which implies that there is no legal basis for offsetting credit exposures between the contracts.January 2015CA-3.3.7
In the absence of a Parallel Salam contract, an
Islamic bank licensee may sell the subject-matter of the original Salam contract in the spot market upon receipt, or, alternatively, theIslamic bank licensee may hold the commodity in anticipation of selling it at a higher price. In the latter case, theIslamic bank licensee is exposed to price risk on its position in the commodity until the latter is sold.January 2015Credit Risk
CA-3.3.8
The receivable amount generated from the purchase of a commodity based on a Salam contract must, in appropriate cases, be assigned a RW based on the credit standing of a supplier/counterparty as rated by an ECAI that is approved by the CBB. If the supplier/counterparty is unrated (which will normally be the case), a RW of 100% applies (See Section CA-4.2).
January 2015Exclusions
CA-3.3.9
The capital requirement is to be calculated on the receivable amount, net of specific provisions. Amounts that are secured by eligible collateral as defined are covered in Section CA-4.7 and amounts that are past due 90 days or more are covered in Paragraph CA-4.2.21.
Amended: July 2017
January 2015Applicable Period
CA-3.3.10
The credit RW will be applied from the date of the contract made between both parties until the maturity of the Salam contract, which is upon receipt of the purchased commodity. However, between the date of contract and disbursement of funds to the customer the exposure is a commitment (off-balance sheet) and a credit conversion factor (CCF) of 20% will be applied before applying the relevant RW.
January 2015No Offsetting Arrangement between Credit Exposures of Salam and Parallel Salam
CA-3.3.11
The credit exposure amount of a Salam contract is not to be offset against the exposure amount of a Parallel Salam contract, as an obligation under one contract does not discharge an obligation to perform under the other contract.
January 2015Market Risk
CA-3.3.12
The price risk on the commodity exposure in Salam is measured using either: (a) the maturity ladder approach; or (b) the simplified approach (see section CA-5.6). Under the simplified approach, the capital charge will be equal to 15% of the net position in each commodity, plus an additional charge equivalent to 3% of the gross positions, long plus short, to cover basis risk and forward gap risk. The 3% capital charge is also intended to cater for potential losses in parallel Salam when the seller in the original Salam contract fails to deliver and the
Islamic bank licensee has to purchase an appropriate commodity in the spot market to honour its obligation.January 2015CA-3.3.13
The long and short positions in a commodity, which are positions of Salam and Parallel Salam, may be offset under either approach for the purpose of calculating the net open positions provided that the positions are in the same group of commodities.
January 2015Foreign Exchange Risk
CA-3.3.14
If the funding of a commodity purchase or selling of a commodity leaves an
Islamic bank licensee open to foreign exchange exposures, the relevant positions must be included in the measures of foreign exchange risk described in Section CA-5.5.January 2015Summary of Capital Requirement at Various Stages of the Contract
CA-3.3.15
The following table sets out the applicable stage of the contract that attracts capital charges:
(a) Salam with Parallel Salam
Applicable Stage of Contract Credit RW Market Risk Capital Charge Payment of purchase price by the bank to a Salam customer Based on customer's rating or 100% RW for unrated customer.
No Netting of Salam exposures against parallel Salam exposures.
(See Section CA-4.2)Two approaches are applicable:
Maturity Ladder Approach (see CA-5.6.)Simplified approach 15% capital charge on net position (i.e. netting of Salam exposures against parallel Salam exposures) Plus:
3% capital charge on gross positions (i.e. Salam exposures plus parallel
Salam exposures) See Paragraphs CA-3.3.12 to CA-3.3.14.Receipt of the purchased commodity by the bank. Asset available for delivery to the customer. NA The purchased commodity is sold and delivered to the buyer. NA NA (b) Salam without Parallel Salam
Applicable Stage of Contract Credit RW Market Risk Capital Charge Payment of purchase price by the bank to a Salam customer (seller) Based on customer's rating or 100% RW for unrated customer.
(See Section CA-4.2)Simplified approach 15% capital charge on long position of Salam exposures. See Section CA-3.3.12 to CA-3.3.14. Receipt of the purchased commodity by the bank. Asset available for delivery to the customer. NA The purchased commodity is sold and delivered to the buyer. NA NA January 2015CA-3.4 CA-3.4 Istisna'a and Parallel Istisna'a
Introduction
CA-3.4.1
This Section sets out the minimum capital adequacy requirement to cover credit and market (price) risks arising from entering into contracts or transactions that are based on the Sharia rules and principles of Istisna'a.
January 2015Principles of Istisna'a
CA-3.4.2
Istisna'a and parallel Istisna'a contracts would attract a risk weighting as per the credit standing of the respective counterparties (See Section CA-4.2).
January 2015CA-3.4.3
An Istisna'a contract refers to an agreement to sell to or buy from a customer, a non-existent asset which is to be manufactured or built according to the ultimate buyer's specifications and is to be delivered on a specified future date at a predetermined selling price.
January 2015CA-3.4.3A
In an Istisna'a contract, price and other necessary specifications must also be fixed and fully settled between the buyer and manufacturer/builder. The payments by the buyer in Istisna'a may be made in advance, during the period of construction reflecting stages of completion, or deferred to a specified future date. The contract of Istisna'a is a binding contract that cannot be cancelled unilaterally by either party once the manufacturing work starts. If the subject matter does not conform to the specification agreed upon, the buyer has the option to accept or to refuse the subject matter.
January 2015CA-3.4.3B
The subject matter on which transaction of Istisna'a is based is always an item which needs to be manufactured or constructed, such as a ship, an aircraft or a building, and it cannot be an existing and designated asset. Istisna'a may also be used for similar projects such as installation of an air-conditioner plant in the customer's factory, or building a bridge or a highway.
January 2015CA-3.4.3C
The price of an asset under this contract is agreed or determined on the contractual date, and such a contract is binding. The price cannot be increased or decreased on account of an increase or decrease in commodity prices or labour cost. The price can be changed subject to the mutual consent of the contracting parties, which is a matter for the commercial decision of the
Islamic bank licensee and can result in a lower profit margin and a capital charge as outlined in Paragraph CA-3.4.24.January 2015Roles and Exposure of a Bank in an Istisna'a Contract
CA-3.4.4
In practice, an
Islamic bank licensee can play different roles while engaging in the contract of Istisna'a, as follows:(a)Islamic bank licensee as a seller (al-sani') in Istisna'a contract:(i) In many cases, anIslamic bank licensee acts as a "seller" in the Istisna'a contract and engages the services of a contractor (other than the client) by entering into another Istisna'a contract as buyer11 or using some other Shari'a compliant contract such as Murabahah; or.(ii) If a parallel Istisna'a contract is used for manufacturing the asset, theIslamic bank licensee acts as a buyer in the parallel contract. TheIslamic bank licensee as an intermediary calculates its cost in the parallel contract and fixes the price of Istisna'a with its client that allows it to make a reasonable profit over his cost. The two contracts, however, need to be totally independent of each other. In order to secure the payment from the ultimate buyer (i.e. the customer), the title deeds of the underlying asset, or any other collateral, may be required by theIslamic bank licensee as a security until the complete payment is made by the ultimate buyer; and(b)Islamic bank licensee as a buyer (al-mustasni') in Istisna'a contract:(i) In some cases, anIslamic bank licensee can act as a "buyer" in an Istisna'a contract where it can have an asset constructed by a contractor: (i) for its own account (which can be, for example, subsequently sold or leased on a Murabahah or Ijara basis, respectively); or (ii) on the basis of the ultimate customer's specifications; or(ii) If the parallel Istisna'a contract is used in this scenario with the ultimate customer, theIslamic bank licensee acts as seller in the parallel contract.
11 Where two such parallel Istisna'a contracts exist, it is customary to refer to one of the contracts as a "parallel Istisna'a". Typically, it is the contract which is entered into second which is referred to as the "parallel Istisna'a".
January 2015CA-3.4.5
This Section makes distinctions between two types of exposures in Istisna'a financing, as follows:
(a) Exposure to customer:
The receipt of the selling price by theIslamic bank licensee is dependent on the financial strength or payment capability of the ultimatecustomer or the contractor (cases (a) and (b) of Paragraph CA-3.4.4 respectively), where the source of payment is derived from the various other activities of the ultimate customer or contactor and is not solely dependent on the cash flows from the underlying asset/project; and(b) Exposure to asset (i.e. exposure to the cash flows from the completed asset): The receipt of the selling price by theIslamic bank licensee is dependent partially or primarily on the amount of revenue generated by the asset being manufactured or constructed by selling its output or services to contractual or potential third-party buyers. This form of Istisna'a faces "revenue risk" arising from the asset's ability to generate cash flows, instead of the creditworthiness of the ultimatecustomer or project sponsor (cases (a) and (b) of Paragraph CA-3.4.4 respectively). Such exposure normally arises when an Istisna'a contract is used in project finance and BOT (build, operate, transfer) transactions.January 2015CA-3.4.6
In the Istisna'a contract, the
Islamic bank licensee assumes the completion risk12 that is associated with the failure to complete the project at all, delay in completion, cost overruns, occurrence of a force majeure event, and unavailability of qualified personnel and reliable seller(s) or sub-contractors, including any late completion penalty13 payable to the ultimatecustomer due to non-fulfilment of required specifications.
12 In conventional project financing, the completion risk is normally borne by the project sponsor/contractor, and not by the bank, because the project sponsor/contractor has most often been asked to provide an undertaking to cover cost overruns.
13 Normally, the contract between the bank and the contractor will specify in a penalty clause the latter's liability for penalties in case of delays for which it is responsible.
January 2015Capital Adequacy Requirements
CA-3.4.7
The exposures under Istisna'a involve credit and
market risks , as described below. Credit exposures arise once the work is billed to the customer, while market (price) exposures arise on unbilled work-in-process (WIP).January 2015CA-3.4.8
There is a capital requirement to cater for the credit (counterparty) risk of the
Islamic bank licensee not receiving the selling price of the asset from the ultimate customer or contractor, either in pre-agreed stages of completion and/or upon full completion of the manufacturing or construction process. (The risk of a customer failing to complete such a transaction in project finance is referred to as "off-take risk" — see Appendix CA-5.)January 2015CA-3.4.9
This Section also sets out the capital adequacy requirement to cater for the
market risk that anIslamic bank licensee incurs from the date of manufacturing or construction, which is applicable throughout the period of the contract on unbilled WIP inventory.January 2015CA-3.4.10
This Section is applicable to both (a) Istisna'a contracts that are executed without any parallel Istisna'a contracts, and (b) Istisna'a contracts that are backed by independently executed parallel Istisna'a contracts.
January 2015Bank as a Seller (al sani') in an Istisna'a Contract
Istisna'a with Parallel Istisna'a
CA-3.4.11
In cases where an
Islamic bank licensee enters into a parallel Istisna'a contract to procure an asset from a party other than the original Istisna'a customer (buyer), the price risk relating to input materials is mitigated. TheIslamic bank licensee remains exposed to the counterparty risk of the parallel Istisna'a seller in delivering the asset on time and in accordance with the Istisna'a ultimate buyer's specifications. This is the risk of not being able to recover damages from the parallel Istisna'a seller for the losses resulting from the breach of contract.January 2015CA-3.4.12
The failure of the parallel Istisna'a seller to deliver a completed asset which meets the ultimate buyer's specifications does not discharge the
Islamic bank licensee's obligations to deliver the asset ordered under an Istisna'a contract, and thus exposes theIslamic bank licensee to potential loss in making good the shortcomings or obtaining the supply elsewhere.January 2015Credit Risk
Exposure to Customer
CA-3.4.13
The receivable amount generated from selling of an asset based on an Istisna'a contract with full exposure to the
customer (ultimate buyer) must be assigned a RW based on the credit standing of the customer as rated by an ECAI that is approved by the CBB. Refer to Section CA-4.2 for the RW. In cases where the ultimate buyer is unrated, a RW of 100% applies.January 2015Exposure to Asset
CA-3.4.14
When the project is rated by an ECAI, the RW based on the credit rating of the ultimate buyer is applied to calculate the capital adequacy requirement. Otherwise, the RW must be based on the "supervisory slotting criteria" approach for specialised financing (project finance), as set out in Appendix CA-5, which carries RWs as given below:
Supervisory Categories Strong Good Satisfactory Weak External credit assessments BBB- or better BB+ or BB BB- to B+ B to C- Risk weights 70% 90% 115% 250% January 2015CA-3.4.15
Istisna'a financing with an "Exposure to Asset" structure is required to meet the characteristics as set out below in order to qualify for the above RW:
(a) The segregation of the project's liabilities from the balance sheet of the Istisna'a ultimate buyer or project sponsor from a commercial and accounting perspective which is generally achieved by having the Istisna'a contract made with a special-purpose entity set up to acquire and operate the asset/project concerned;(b) The ultimate buyer is dependent on the income received from the assets acquired/projects to pay the purchase price;(c) The contractual obligations give the manufacturer/ constructor/ bank a substantial degree ofcontrol over the asset and the income it generates — for example, under the BOT arrangement where the manufacturer builds a highway and collects tolls for a specified period as a consideration for the selling price; and(d) The primary source of repayment is the income generated by the asset/project rather than relying on the capacity of the ultimate buyer.January 2015Exclusions
CA-3.4.16
The capital requirement is to be calculated on the receivable amount, net of:
(a) Specific provisions;(b) Any amount that is secured by eligible collateral (as defined in Section CA-4.7); andAmended: July 2017
January 2015CA-3.4.17
Any portion of an Istisna'a contract that is covered by an advanced payment must carry a RW of 0%, or the amount of the advanced payment must be offset against the total amount receivable or amounts owing from progress billings.
January 2015Applicable Period
CA-3.4.18
The credit RW is to be applied from the date when the manufacturing or construction process commences and until the selling price is fully settled by the
Islamic bank licensee , either in stages and/or on the maturity of the Istisna'a contract, which is upon delivery of the manufactured asset to the Istisna'a ultimate buyer.January 2015Offsetting Arrangement between Credit Exposures of Istisna'a and Parallel Istisna'a
CA-3.4.19
The credit exposure amount of an Istisna'a contract is not to be offset against the credit exposure amount of a Parallel Istisna'a contract because an obligation under one contract does not discharge an obligation to perform under the other contract.
January 2015Market Risk
Exposure to Customer
(a) Istisna'a with Parallel Istisna'a
CA-3.4.20
There is no capital charge for
market risk to be applied in addition to provisions in Paragraphs CA-3.4.13 to CA-3.4.19, subject to there being no provisions in the Parallel Istisna'a contract that allow the seller to increase or vary its selling price to theIslamic bank licensee , under unusual circumstances. Any variations in a Parallel Istisna'a contract that are reflected in the corresponding Istisna'a contract which effectively transfers the whole of the price risk to an Istisna'acustomer (buyer), are also eligible for this treatment.January 2015CA-3.4.21
If the seller is allowed to vary the selling price of the asset, then the price risk must be calculated in accordance with Paragraph CA-5.2.2.
January 2015(b) Istisna'a without Parallel Istisna'a
CA-3.4.22
A capital charge of 1.6% is to be applied to the balance of unbilled WIP inventory to cater for
market risk , in addition to the credit RW stated in Paragraphs CA-3.4.13 to CA-3.4.19.January 2015CA-3.4.23
The unbilled WIP inventory is held subject to the binding order of the Istisna' ultimate buyer and is thus not subject to inventory price as described in Section CA-5.6.
January 2015Foreign Exchange Risk
CA-3.4.24
Any foreign exchange exposures arising from the purchasing of input materials, or from Parallel Istisna'a contracts made, or the selling of a completed asset in foreign currency must be included in the measures of foreign exchange risk described in section CA-5.5.
January 2015Bank as a Buyer (al mustasni') in an Istisna'a Contract
Istisna'a with Parallel Istisna'a
CA-3.4.25
In cases where an
Islamic bank licensee enters into Parallel Istisna'a to sell an asset to an ultimate customer, its price risk relating to input materials is mitigated. TheIslamic bank licensee remains exposed to the counterparty risk of the Istisna'a supplier in delivering the asset on time and in accordance with the parallel Istisna'a ultimate buyer's specifications. This is the risk of not being able to recover damages from the Istisna'a supplier for the losses resulting from the breach of contract.January 2015CA-3.4.26
The failure of the Istisna'a supplier to deliver a completed asset which meets the ultimate buyer's specifications does not discharge the
Islamic bank licensee's obligations to deliver the asset ordered under a parallel Istisna'a contract, and thus exposes theIslamic bank licensee to potential loss in making good the shortcomings or obtaining the supply elsewhere.January 2015Credit Risk
Exposure to Customer
CA-3.4.27
The receivable amount generated from selling of an asset based on a parallel Istisna'a` contract with full exposure to the ultimate
customer must be assigned a RW based on the credit standing of thecustomer as rated by an ECAI that is approved by the CBB. Refer to Section CA-4.6 for the RW. In cases where the ultimate buyer is unrated, a RW of 100% applies.January 2015Exposure to Asset
CA-3.4.28
When the project is rated by an ECAI, the RW based on the credit rating of the "off-taker" (third-party buyer) is applied to calculate the capital adequacy requirement. Otherwise, the RW must be based on the "supervisory slotting criteria" approach for specialised financing (project finance) as set out in Appendix CA-5, which carries RWs as given below:
Supervisory Categories Strong Good Satisfactory Weak External credit assessments BBB- or better BB+ or BB BB- to B+ B to C- Risk weights 70% 90% 115% 250% January 2015CA-3.4.29
The "Exposure to Asset" Istisna'a structure is required to meet the characteristics as set out in Paragraph CA-3.4.22.
January 2015Exclusions
CA-3.4.30
The capital requirement is to be calculated on the receivable amount, net of: a) specific provisions; b) any amount that is secured by eligible collateral as defined in Section CA-4.7; and c) any amount which is past due by more than 90 days as set out in Section CA-4.2. These other amounts are to be risk weighted as described in the concerned Sections.
January 2015CA-3.4.31
Any portion of a parallel Istisna'a contract covered by an advance payment carries a RW of 0%, or the amount of the advanced payment is offset against the total amount receivable from the ultimate
customer or amounts owing from progress billings.January 2015Applicable Period
CA-3.4.32
The credit RW is to be applied from the date when the manufacturing or construction process commences and until the selling price is fully settled by the
Islamic bank licensee , either in stages and/or on the maturity of the Istisna'a contract, which is upon delivery of the manufactured asset to the parallel Istisna'a ultimate buyer.January 2015Offsetting Arrangement between Credit Exposures of Istisna'a and Parallel Istisna'a
CA-3.4.33
The credit exposure amount of a parallel Istisna'a contract is not to be offset against the credit exposure amount of an Istisna'a contract (or vice versa) because an obligation under one contract does not discharge an obligation to perform under the other contract.
January 2015Market Risk
Exposure to Customer
Istisna'a with Parallel Istisna'a
CA-3.4.34
There is no capital charge for
market risk to be applied in addition to provisions oncredit risk , subject to there being no provisions in the Istisna'a contract that allow the supplier to increase or vary its selling price to theIslamic bank licensee , under unusual circumstances. Any variations in a parallel Istisna'a contract that are reflected in the corresponding Istisna'a contract which effectively transfers the whole of the price risk to a parallel Istisna'acustomer (ultimate buyer) are also eligible for this treatment.January 2015Istisna'a without Parallel Istisna'a
CA-3.4.35
In Istisna'a without Parallel Istisna'a, the
Islamic bank licensee is making progress payments to the Istisna'a supplier, thereby acquiring title to WIP inventory. The WIP inventory is exposed to price risk. As there is no parallel Istisna'a sale to an ultimatecustomer , there is nocredit risk .January 2015CA-3.4.36
The WIP receives a capital charge appropriate to inventory — 15%.
January 2015Foreign Exchange Risk
CA-3.4.37
Any foreign exchange exposures arising from the purchasing of input materials, or from parallel Istisna'a contracts made, or the selling of a completed asset in foreign currency must be included in the measures of foreign exchange risk described in Section CA-5.5.
January 2015Summary of Capital Requirement at Various Stages of the Contract
CA-3.4.38
The following tables set out the applicable period of the contract that attracts capital charges where the
Islamic bank licensee is the seller.(a) Exposure to customer(i) Istisna'a with Parallel Istisna'a
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Unbilled WIP inventory
Amount receivable after contract billingsBased on ultimate buyer's rating or 100% RW for unrated buyer.
No netting of Istisna'a exposures against Parallel Istisna'a exposures.
(See Paragraphs CA-3.4.13 to CA-3.4.19)
(See Section CA-4.2)Nil provided that there is no provision in the Parallel Istisna'a contract that allows the seller to increase or vary the selling price. See Paragraphs CA-3.4.20 and CA-3.2.21.
If the seller is allowed to vary the selling price of the asset, then under themarket risk treatment 15% capital charge on net long or short position plus 3% capital charge on gross positions (see CA-5.2.2).Upon full settlement of the purchased price by an Istisna'a buyer. NA NA (ii) Istisna'a without Parallel Istisna'a
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Unbilled WIP inventory Based on ultimate buyer's rating or 100% RW for unrated buyer. 1.6% capital charge (equivalent to 20% RW) on work in progress inventory.
See relevant Paragraphs under CA-3.4.22 to CA-3.4.23Progress billing to customer. Based on ultimate buyer's rating or 100% RW for unrated buyer.
(See Paragraphs CA-3.4.14 to CA-3.4.22) (See Section CA-4.2)NA Upon full settlement of the purchased price by an Istisna'a buyer. NA NA (b) Exposure to asset
Istisna'a with Parallel Istisna'a (for project finance)
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Unbilled WIP inventory Based on buyer's ECAI rating if available or supervisory slotting criteria that ranges from 70% to 250% RW.
No netting of Istisna'a exposures against Parallel Istisna'a exposures.
(See Sections CA-4.2 and CA-4.3)NA Amount receivable after contract billings NA Upon full settlement of the purchased price by an Istisna'a buyer. NA NA January 2015CA-3.4.39
The following tables set out the applicable period of the contract that attracts capital charges where the
Islamic bank licensee is acting as buyer.(a) Exposure to customer(i) Istisna'a with Parallel Istisna'a
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Unbilled WIP inventory Based on ultimate buyer's rating or 100% RW for unrated buyer.
No netting of Istisna'a exposures against Parallel Istisna'a exposures.
(See Paragraphs CA-3.4.13 to CA-3.4.19)
(See Section CA-4.2)Nil provided that there is no provision in the Parallel Istisna'a contract that allows the seller to increase or vary the selling price. See Paragraph CA-3.4.20.
If the seller is allowed to vary the selling price of the asset, then under themarket risk treatment 15% capital charge on net long or short position plus 3% capital charge on gross positions.Amount receivable after contract billings Upon full settlement of the purchased price by an Istisna'a buyer. NA NA (ii) Istisna'a without Parallel Istisna'a
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Amounts of progress payments to suppliers for WIP inventory. None (no ultimate Istisna'a customer)
Seecredit risk under Section CA-3.415% for WIP inventory See Market risk under Section CA-3.4.20 onward(b) Exposure to asset
Istisna'a with Parallel Istisna'a (for project finance)
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Unbilled WIP inventory Based on buyer's ECAI rating if available or supervisory slotting criteria that ranges from 70% to 250% RW.
No netting of Istisna'a exposures against Parallel Istisna'a exposures.
(See Sections CA-4.2 and CA-4.3)NA Amount receivable after contract billings NA Upon full settlement of the purchased price by an Istisna'a buyer. NA NA January 2015CA-3.5 CA-3.5 Ijarah and Ijarah Muntahia Bittamleek
Introduction
CA-3.5.1
This Section sets out the minimum capital requirement to cover counterparty risk and residual value risk of leased assets, arising from an
Islamic bank licensee entering into contracts or transactions that are based on the Sharia rules and principles of Ijarah and Ijarah Muntahia Bittamleek (IMB), also known as Ijarah wa Iqtinā. The Section also covers the market (price) risk of assets acquired for Ijarah and IMB.January 2015CA-3.5.2
In an Ijarah contract (either operating or IMB), the
Islamic bank licensee as the lessor maintains its ownership in the leased asset whilst transferring the right to use the asset, or usufruct, to an enterprise as the lessee, for an agreed period at an agreed consideration. All liabilities and risks pertaining to the leased asset are to be borne by theIslamic bank licensee including obligations to restore any impairment and damage to the leased asset arising from wear and tear and natural causes which are not due to the lessee's misconduct or negligence.January 2015CA-3.5.3
Thus, in both Ijarah and IMB, the risks and rewards remain with the lessor, except for the residual value risk at the term of an IMB which is borne by the lessee. The lessor is exposed to price risk on the asset while it is in the lessor's possession prior to the signature of the lease contract, except where the asset is acquired following a binding promise to lease as described in Paragraph CA-3.5.12.
January 2015CA-3.5.4
In an IMB contract, the lessor promises to transfer its ownership of the leased asset to the lessee at the end of the contract as a gift or as a sale at a specified consideration, provided that (a) the promise is separately expressed and independent of the underlying Ijarah; or (b) a gift contract is entered into conditional upon fulfilment of all the Ijarah obligations, and thereby ownership shall be automatically transferred to the lessee.
January 2015CA-3.5.5
In both operating Ijarah and IMB, the
Islamic bank licensee either possesses the asset before entering into a leased contract or enters into the contract based on specific description of an asset to be leased and acquired in the future before it is delivered to the lessee. The agreement to lease may be considered as binding (binding Promise to Lease (PL)) or as non-binding (non-binding PL) depending on the applicable terms and conditions.January 2015CA-3.5.6
This Section sets out the minimum capital requirements to cater for the lessor's exposures to (a) the
credit risk of the lessee as counterparty in servicing the lease rentals, and (b) the market (price) risk attaching to the residual value of the leased assets either at the end of the Ijarah contract or at the time of repossession upon default, i.e. the risk of losing money on the resale of the leased asset.January 2015IMB
CA-3.5.7
In IMB, once the lease contract is signed, the lessor is exposed to
credit risk for the lease payments receivable from the lessee (acredit risk mitigated by the asset's value as collateral14 in most cases) and to a type ofoperational risk in respect of the need to compensate the lessee if the asset is permanently impaired through no fault of the latter. If the leased asset is permanently impaired and is uninsured, theIslamic bank licensee suffers a loss equal to the carrying value of the leased asset, just as it would if any of its fixed assets were permanently impaired. In the event that the lessee exercises its right to cancel the lease, the lessor is exposed to the residual value of the leased asset being less than the refund of payments due to the lessee. In such case, the price risk, if any, is already reflected in a 'haircut' to be applied to the value of the leased asset as collateral. Therefore, the price risk, if any, is not applicable in the context of the IMB.
14 The collateral used in the context of IMB is of the usufruct or use value of the asset, as the bank is the owner of the asset.
January 2015CA-3.5.8
The
credit risk exposure in respect of the lease rentals is mitigated by the collateral represented by the value of the leased asset on repossession, provided that theIslamic bank licensee is able to repossess the asset, which may be subject to doubt, especially in the case of movable assets. Insofar as there is doubt as to the lessor's ability to repossess the asset, the residual value of the asset that was assumed in fixing the lease rentals is also exposed tocredit risk .January 2015CA-3.5.9
The
Islamic bank licensee may be exposed to losses in case a lessee acquiring an asset under IMB decides not to continue with the contract. The lease contract may give the lessee this right subject to certain conditions (such as a minimum period of notice). In such a case, the lessor is required to refund to the lessee the capital payments (instalments of the purchase price) that were included in the periodic lease rentals (subject to deduction of any amounts due for unpaid rentals). If the value of the repossessed asset is less than the amount to be refunded (before any such deduction), the difference constitutes a loss to the lessor. This exposes theIslamic bank licensee as lessor to a form ofmarket risk 15.
15 The contract should include clauses that cover the treatment of destruction or loss of the property without any fault of the tenant. The contract should also elaborate how the bank as a lessor will cover itself in the absence of any Takaful.
January 2015CA-3.5.10
In theory, a situation could arise in which, when an IMB contract arrives at its term, the lessee decides not to exercise its option to complete the purchase by making the contractually agreed final payment (The option to purchase places no obligation on the lessee to do so.). The
Islamic bank licensee may thus be exposed tomarket risk , in respect of a potential loss from disposing of the asset for an amount lower than its residual value.January 2015CA-3.5.11
In the case of IMB, the lessor's exposure in such a case described in Paragraph CA-3.5.10 would not be significant, as the option to purchase can be exercised by making a payment of a token amount and the lessee would have no reason to refrain from exercising it. Moreover, the residual value of the asset in the lessor's book at the term of a full payout of the IMB (i.e. its residual value as assumed in fixing the lease rentals) would be zero or close to zero.
January 2015Credit Risk — Ijarah and IMB
CA-3.5.12
In a binding PL, when an
Islamic bank licensee is exposed to default on the lease orderer's obligation to execute the lease contract, the exposure is measured as the amount of the asset's total acquisition cost to theIslamic bank licensee , less the market value of the asset where it is eligible collateral subject to any haircut (see Paragraph CA-4.7.25), and less the amount of any urbun received from the lease orderer. The applicable RW must be based on the standing of the obligor as rated by an ECAI that is approved by the CBB (refer to section CA-4.6), and in the case the obligor is unrated, a RW of 100% applies. TheIslamic bank licensee may or may not have the right to recoup from thecustomer any loss on leasing or disposing of the asset after taking account of the HJ, depending on the terms of the contract.January 2015CA-3.5.13
In applying the treatment as set out in Paragraph CA-3.5.12, the
Islamic bank licensee must ensure that the PL is properly documented and is legally enforceable. In the absence of proper documentation and legal enforceability, the asset is to be treated similarly to one in a non-binding PL which is exposed to market (price) risk, using the measurement approach as set out in Subparagraph CA-3.5.18(a).January 2015Credit Risk — Operating Ijarah
CA-3.5.14
In addition to the
credit risk mentioned in Paragraph CA-3.5.12, when the lessee gets the right to use the asset, the lessor is exposed tocredit risk for the estimated value of the lease payments in respect of the remaining period of the Ijarah. This exposure is mitigated by the market value of the leased asset where it is eligible collateral (subject to the applicable haircut) if it can be repossessed. The netcredit risk exposure is assigned a RW based on the credit standing of the lessee/counterparty as rated by an ECAI that is approved by the CBB. In the case that the lessee is unrated, a RW of 100% applies. See Paragraph CA-4.7.25 for eligible collateral.January 2015Credit Risk — IMB
CA-3.5.15
In addition to
credit risk mentioned in Paragraphs CA-3.5.12 and CA-3.5.13, the capital requirement for IMB is based on the following two components:(a) Total estimated future Ijara receivable amount over the duration of the lease contract: This exposure is mitigated by the market value of the leased asset (subject to any haircut if it is eligible collateral) if it may be repossessed. The netcredit risk exposure must be assigned a RW based on the credit standing of the lessee/counterparty as rated by an ECAI that is approved by the CBB. In cases where the lessee is unrated, a RW of 100% applies. See Paragraph CA-4.7.25 for eligible collateral; and(b) Price risk attached to the expected residual value of a leased asset: This exposure is treated under Paragraph CA-3.5.20.January 2015Exclusions from Credit Risk for Ijarah and IMB
Market Risk — Ijarah and IMB
CA-3.5.17
In the case of an asset acquired and held for the purpose of either operating Ijara or IMB, the capital charge to cater for market (price) risk in respect of the leased asset from its acquisition date until its disposal can be categorised as follows:
(a) Non-binding PL
The asset for leasing will be treated as inventory of theIslamic bank licensee and, using the simplified approach, the capital charge applicable to such amarket risk exposure is 15% of the amount of the asset's market value); and(b) Binding PL
In a binding PL, anIslamic bank licensee is exposed to default on the lease orderer's obligation to lease the asset in its possession. In the event of the lease orderer defaulting on its PL, theIslamic bank licensee will either lease or dispose of the asset to a third party. TheIslamic bank licensee will have recourse to any HJ paid by thecustomer 16, and (i) may have a right to recoup from thecustomer any loss on leasing or disposing of the asset after taking account of the HJ, or (ii) may have no such right, depending on the legal situation. In both cases, this risk is mitigated by the asset in possession as well as any HJ paid by the lease orderer.
16 In the case of HJ, the amount can only be deducted for damages — that is, the difference between the asset acquisition cost and the total of lease rentals (when the asset is leased to a third party) or selling price (when the asset is sold to a third party), whichever is applicable.
January 2015CA-3.5.18
In case CA-3.5.17(b)(i), if the down-payment was made as HJ, the
Islamic bank licensee has the right to recoup any loss (as indicated in the previous paragraph) from thecustomer ; that right constitutes a claim receivable which is exposed tocredit risk , and the exposure must be measured as the amount of the asset's total acquisition cost to theIslamic bank licensee , less the market value of the asset if it may be repossessed and where it is eligible collateral (see Paragraph CA-4.7.25) subject to any haircut, and less the amount of any HJ. The applicable RW must be based on the standing of thecustomer as rated by an ECAI that is approved by the CBB. In cases where the obligor is unrated, a RW of 100% applies.January 2015CA-3.5.19
In case CA-3.5.17(b)(ii), the
Islamic bank licensee has no right to recoup any losses, and the cost of the asset to theIslamic bank licensee constitutes amarket risk (as in the case on a non-binding PL), but thismarket risk exposure is reduced by the amount of any HJ that theIslamic bank licensee has the right to retain.January 2015Market Risk — Operating Ijarah
CA-3.5.20
The residual value of the asset is risk-weighted at 100%. Upon expiry of the lease contract, the carrying value of the leased asset must carry a capital charge of 15% until the asset is re-leased or disposed of.
January 2015Market Risk — IMB
CA-3.5.21
In the event that the lessee exercises its right to cancel the lease, the lessor is exposed to the residual value of the leased asset being less than the refund of payments due to the lessee. In such a case, the price risk, if any, is already reflected in a 'haircut' to be applied to the value of the leased asset as collateral in
credit risk . Therefore, the price risk, if any, is not applicable in the context of the IMB.January 2015Summary of Capital Requirement at Various Stages of the Contract
CA-3.5.22
The following tables set out the applicable stage of the contract that attracts capital charges:
Operating IjaraApplicable Stage of the Contract Credit RW Market Risk Capital Charge Asset available for lease (prior to signing a lease contract) Binding PL*
Asset acquisition cost less (a) market value of asset fulfilling function of collateral (net of any haircuts), and (b) any HJ multiply by the customer's rating or 100% RW for unrated customerNon-binding PL 15% capital charge until lessee takes possession Asset available for lease and the lease rental payments are due from the lessee Total estimated value of lease receivables for the whole duration of leasing contract is risk-weighted according to the lessee's rating.
100% RW for an unrated lessee less residual value of the leased assetThe residual value is risk-weighted at 100% Maturity of contract term and the leased asset is returned to the bank Not applicable 15% capital charge of the carrying value of the asset * This credit RW is applicable only when the bank has recourse to any HJ paid by the customer, and (depending on the legal situation) may have a right to recoup from the customer any loss on leasing or disposing of the asset to a third party, after taking account of the HJ. If the bank has no such right, the cost of the asset to the bank constitutes a
market risk (as in the case of a non-binding PL), but thismarket risk exposure is reduced by the amount of any HJ that the bank has the right to retain.January 2015CA-3.5.23
IMB
Applicable Stage of the Contract Credit RW Market Risk Capital Charge Asset available for lease (prior to signing a lease contract) Binding PL*
Asset acquisition cost less (a) market value of asset fulfilling function of collateral (net of any haircuts), and (b) any HJ multiplied by customer's rating or 100% RW for unrated customerNon-binding PL 15% capital charge until lessee takes possession When the lessee has the right to use the asset and the lease rental payments are due from the lessee Total estimated value of lease receivables for the whole duration of leasing contract is risk-weighted according to the lessee's credit rating. 100% RW for an unrated lessee less residual value of the leased asset Not applicable Maturity of contract term and the leased asset is sold and theasset ownership is transferred to the lessee Not applicable Not applicable * This credit RW is applicable only when the bank has recourse to any HJ paid by the customer. In the case of HJ (depending on the legal situation), the bank may have a right to recoup from the customer any loss on leasing or disposing of the asset to a third party, after taking account of the HJ, while any excess HJ must be refunded. If the bank has no such right, the cost of the asset to the bank constitutes a
market risk (as in the case of a non-binding PL), but thismarket risk exposure is reduced by the amount of any HJ that the bank has the right to retain.January 2015CA-3.6 CA-3.6 Musharakah and Diminishing Musharakah
Introduction
CA-3.6.1
This Section sets out the minimum capital adequacy requirement to cover the risk of loss on invested capital arising from entering into contracts or transactions that are based on the Sharia rules and principles of Musharakah and Diminishing Musharakah where the
Islamic bank licensee and theircustomers /partner(s) contribute to the capital of the partnership and shares its profit or loss.January 2015CA-3.6.2
This Section is applicable to both (a) Musharakah in which all the partners' share remains constant throughout the contract period; and (b) Diminishing Musharakah in which the share of the
Islamic bank licensee is gradually reduced during the tenure of the contract until it is fully sold to the other partner(s).January 2015CA-3.6.3
Musharakah contracts refer to partnerships in specific transactions or projects. These exclude participation in the share capital (equity) of other enterprises which is covered in Section CA-4.8.
January 2015CA-3.6.4
A Musharakah is an agreement between the
Islamic bank licensee and acustomer to contribute capital in various proportions to an enterprise, whether existing or new, or to ownership of a real estate or moveable asset, either on a permanent basis, or on a diminishing basis where thecustomer progressively buys out the share of the bank ("Diminishing Musharakah"). Profits generated by that enterprise or real estate/asset are shared in accordance with the terms of Musharakah agreement whilst losses are shared in proportion to the respective contributor's share of capital.January 2015CA-3.6.5
An
Islamic bank licensee may enter into a Musharakah contract with acustomer as a means of providing a financing to the latter on a profit sharing and loss bearing basis. In this case, the Musharakah is normally of the diminishing type, in which thecustomer gradually purchases theIslamic bank licensee's partnership share over the life of the contract. This type of financing is one of the Sharia compliant alternatives to avoid a conventional term loan repayable by instalments, and as such it is exposed tocredit risk for thecustomer's purchase payments as well as to the risk attached to theIslamic bank licensee 's share of the underlying assets.January 2015Musharakah
CA-3.6.6
This Section sets out the minimum capital adequacy requirement to cater for "capital impairment risk", the risk of losing the amount contributed to an enterprise or ownership of an asset. The
Islamic bank licensee acts as a partner in a Musharakah contract and is exposed to the risk of losing its capital upon making payment of its share of capital in a Musharakah contract. A Musharakah can expose theIslamic bank licensee either to capital impairment risk or to'credit risk' , depending on the structure and purpose of the Musharakah and the types of asset in which the funds are invested. The invested capital is redeemable either by liquidation of the Musharakah assets at the end of the contract which has a fixed tenure or as mutually agreed by the partners, or upon divestment of partnership in an on-going Musharakah subject to giving a notice to other partners. The amount of capital redemption is represented by the value of a share of capital, which is dependent on the quality of the underlying investments or assets, and ability to generate profits and cash flows from the Musharakah.January 2015CA-3.6.7
As a partner to a Musharakah contract, the
Islamic bank licensee is not entitled to a fixed rate of return and is thus exposed to variable profits generated by the partnership which are shared on a basis as agreed in the Musharakah contract, whereas losses are to be borne by theIslamic bank licensee and its partners according to their respective ratio of invested capital. Therefore, theIslamic bank licensee is exposed to entrepreneurial risk of an active partner that manages the partnership and business risks associated with the underlying activities and types of investments or assets of the partnership.January 2015CA-3.6.7A
For the purpose of determining the minimum capital adequacy requirement, this Section makes distinctions between the four main categories of Musharakah as set out below:
(a) Private commercial enterprise to undertake trading activities in foreign exchange, shares and/or commodities This type of Musharakah exposes theIslamic bank licensee to the risk of underlying activities, namely foreign exchange, equities or commodities;(b) Private commercial enterprise to undertake a business venture (other than (a)) This type of Musharakah exposes theIslamic bank licensee to the risk as an equity holder, which is similar to the risk assumed by a partner in venture capital or a joint venture, but not tomarket risk . As an equity investor, theIslamic bank licensee serves as the first loss position and its rights and entitlements are subordinated to the claims of secured and unsecured creditors. For further explanation of the nature of risk in such ventures, see Paragraphs CA-4.8.4 to CA-4.8.6; and(c) Joint ownership of real estate or movable assets (such as cars) is divided into two sub-categories:(i) Musharakah in Ijara contract
Ownership of such assets can produce rental income for the partnership, through leasing the assets to third parties by means of Ijara contracts. In this case, the risk of the Musharakah investment is essentially that of the underlying Ijara contracts — that is,credit risk mitigated by the collateral represented by the leased assets.
However, in some cases the lessee is not a third party but theIslamic bank licensee's partner as customer. The existence of such an Ijara sub-contract in addition to a Musharakah exposes theIslamic bank licensee tocredit risk in respect of the partner's obligation to service the lease rentals and(ii) Musharakah in Murabahah contract
TheIslamic bank licensee is entitled to its share of revenue generated from selling the assets to third parties by means of Murabahah contracts that expose theIslamic bank licensee tocredit risk in respect of the Murabahah receivables from the buyer/counterparty.January 2015Diminishing Musharakah
Equity Position Risk — Musharakah
CA-3.6.9
For Musharakah, the equity exposure is measured based on the nature of the underlying investments as follows:
(a) For investments held in the trading book, exposure is equal to the fair value; and(b) For investments held to maturity, exposure is equal to the carrying value, which may be the fair value or the historical cost less any provisions for impairment.January 2015CA-3.6.10
For private commercial enterprises undertaking trading activities in foreign exchange, shares or commodities, the Musharakah exposures, net of provisions is measured as follows:
(a) The RW is based on the applicable underlying assets as set out in themarket risk section in Chapter CA-5.
The investment in foreign exchange and trading in gold/silver is measured according to the treatment as set out in Section CA-5.5, which requires 8% capital charge on the greater of either net long or net short positions in foreign exchange and 8% capital charge on the net long position of gold/silver;(b) The RW of a Musharakah that invests in quoted shares is measured according to the equity position risk approach, where positions in assets tradable in markets qualify for treatment as equity position risk in the trading book, which incur a total capital charge of 16% as set out in Section CA-5.3; and(c) Investment in commodities is measured according to either the maturity ladder approach or the simplified approach as set out in Section CA-5.6.January 2015CA-3.6.11
For private commercial enterprise undertaking a business venture other than in Paragraph CA-3.6.12), there are two possible methods used to calculate the equity exposures:
(a) Simple risk-weight method: The RW must be applied to the exposures (net of specific provisions) based on equity exposures in the banking book. The RW under the simple RW method for equity position risk in respect of an equity exposure in a business venture must entail a 400% RW for shares that are not publicly traded less any specific provisions for impairment. If there is a third-party guarantee to make good impairment losses, the RW of the guarantor must be substituted for that of the assets for the amount of any such guarantee; or(b) Supervisory slotting method: AnIslamic bank licensee is required to map its RW into four supervisory categories as described in Appendix CA-5 (specialised financing) where the RW of each category is as follows:
Supervisory Categories Strong Good Satisfactory Weak Risk weights 90% 110% 135% 270%
The above RWs under the slotting method for specialised financing include an additional fixed factor of 20% RW to cater for potential decline in the Musharakah's net asset value.
For further explanation, also see Paragraphs CA-4.8.7–4.8.11.January 2015Joint Ownership of Real Estate and Movable Assets (such as cars)
CA-3.6.12
Musharakah in Ijara contract:
Income-producing Musharakah through leasing to third parties by means of Ijara contracts exposes the capital contributor to the risk of that underlying Ijara contract — that is, counterparty risk mitigated by the value of leased assets. This Musharakah investment is assigned a RW based on the credit standing of the counterparty/lessee, as rated by an ECAI that is approved by the CBB, and a 100% RW on the residual value of an Ijara asset (operating lease). In cases where the counterparty is unrated, a RW of 100% applies. (Please refer to the treatment for Ijara as set out in Paragraph CA-3.5.22.)
January 2015CA-3.6.13
Musharakah in Murabahah contract:
Income-producing Musharakah through selling to third parties by means of Murabahah contracts exposes the capital contributor to the risk of that counterparty/buyer. This Musharakah investment is assigned a RW based on the credit standing of the counterparty /buyer, as rated by an ECAI that is approved by the CBB. In cases where the counterparty is unrated, a RW of 100% applies. (Please refer to the treatment for Murabahah as set out in Section CA-3.2.
January 2015Equity Position Risk — Diminishing Musharakah
CA-3.6.14
The equity exposure in a Diminishing Musharakah contract, where the
Islamic bank licensee has provided funds for the working capital of the partnership and intends to transfer its full ownership in movable assets and working capital to the other partner over the life of the contract, is calculated based on the remaining balance of the amount invested (measured at historical cost including any share of undistributed profits) less any specific provision for impairment. The exposure must be risk weighted according to the nature of the underlying assets as set out in Paragraphs CA-3.6.11 to CA-3.6.14. If a third party guarantee exists, to make good impairment losses, the RW of the guarantor is substituted for that of the assets (if lower) for the amount of any such guarantee. TheIslamic bank licensee can use the risk weights under the slotting method (see Paragraph CA-3.6.11) after the required CBB approval, based on the criteria set out in Appendix CA-6.January 2015Summary of Capital Requirement at Various Stages of the Contract
CA-3.6.15
The following table sets out the Musharakah categories that attract capital charges:
Musharakah Category Credit RW Market Risk Capital Charge Private commercial enterprise to undertake trading activities in the foreign exchange, share and/or commodity Not applicable. Depends on the underlying asset as set out in the applicable market risk sectionPrivate commercial enterprise to undertake business venture other than trading activities in the foreign exchange, share and/ or commodity (a) Simple RW method 400% RW of the contributed amount* to the business venture less any specific provisions. (If there is a third-party guarantee, the RW of the guarantor is substituted for that of the assets for the amount of any such guarantee)
Or(b) Slotting method Between 90–270% RW of the contributed amount* to the business venture based on the four categoriesNot applicable Joint ownership of real estate and movable assets (Musharakah with Ijara subcontract,
Musharakah with Murabahah subcontract)Based on lessee's (for Ijara sub-contract) or customer's (for Murabahah subcontract) rating or 100% RW for unrated lessee or customer Please refer to the market risk capital charge requirements as set out under the sub-contracts* In the case of Diminishing Musharakah, the contributed amount is based on the remaining balance of the invested amount.
January 2015CA-3.7 CA-3.7 Mudarabah
Introduction
CA-3.7.1
This Section sets out the minimum capital adequacy requirement to cover the risk of losing invested capital arising from entering into contracts or transactions that are based on the Shari'a rules and principles of Mudarabah where the
Islamic bank licensee assumes the role of capital provider ('rab al mal'). This Section is applicable to both restricted and unrestricted Mudarabah financing.January 2015CA-3.7.2
A Mudarabah is an agreement between the
Islamic bank licensee and acustomer whereby theIslamic bank licensee would contribute capital to an enterprise or activity which is to be managed by thecustomer as the (labour provider or) Mudarib.January 2015CA-3.7.3
Profits generated by that enterprise or activity are shared in accordance with the terms of the Mudarabah agreement whilst losses are to be borne solely by the
Islamic bank licensee unless the losses are due to the Mudarib's misconduct, negligence or breach of contracted terms.January 2015CA-3.7.4
A Mudarabah financing can be carried out on either:
(a) A restricted basis, where the capital provider allows the Mudarib to make investments subject to specified investment criteria or certain restrictions such as types of instrument, sector or country exposures, etc.; or(b) An unrestricted basis, where the capital provider allows the Mudarib to invest funds freely based on the latter's skills and expertise.January 2015CA-3.7.5
As the capital provider, the
Islamic bank licensee is exposed to the risk of losing its capital investment ('capital impairment risk') upon making payment of the capital to the Mudarib. Any loss on the investment is to be borne solely by the capital provider, but is limited to the amount of his capital. Losses that are due to misconduct, negligence or breach of contractual terms, are to be borne by the Mudarib.January 2015CA-3.7.6
While it is not permissible for a Mudarib to give a guarantee against losses outlined in Paragraph CA-3.7.5, a guarantee may be given by a third party on the basis of tabarru (donation). In such a case, the amount of the Mudarabah capital so guaranteed may be considered as subject to
credit risk with a risk weighting equal to that of the guarantor.January 2015CA-3.7.7
Guarantees referred to in Paragraph CA-3.7.6 may be given when liquid funds are placed in an Islamic interbank market under a Mudarabah contract.
January 2015Equity Position Risk
CA-3.7.8
Apart from placements identified in Paragraph CA-3.7.7, Mudarabah contracts are commonly used for the investment purposes mentioned in Paragraph CA-3.7.10.
January 2015CA-3.7.9
In assigning the RW, consideration is given to the intent of the Mudarabah investment, and to the nature of the underlying assets. The intent may be:
(a) The purchase of assets for trading;(b) Investing on an equity basis in an ongoing business venture with the intention of holding the investment for an indefinite period, perhaps with a view to eventual sale (e.g. venture capital investments); or(c) Project finance. The underlying assets may be tradable assets such as commodities, foreign exchange or securities, or business assets such as real property, plant and equipment, and working capital. Real property and movable property may also be purchased with a view to generating rental income by means of Ijara contracts.January 2015Private Commercial Enterprise to Undertake Trading Activities in Foreign Exchange, Shares or Commodities.
CA-3.7.11
This type of Mudarabah exposes the
Islamic bank licensee to the risk of the underlying activities, namely foreign exchange, equity or commodities.January 2015Private Commercial Enterprise to Undertake a Business Venture (other than outlined in Paragraph CA-3.7.11.)
CA-3.7.12
This type of Mudarabah exposes the
Islamic bank licensee to risk as an equity holder, which is similar to the risk assumed by a partner in venture capital or a joint venture, but not tomarket risk . As an equity investor, theIslamic bank licensee serves as the first loss position and its rights and entitlements are subordinated to the claims of secured and unsecured creditors. For further explanation of the nature of risk in such ventures, see Paragraphs CA-4.8.4 to CA-4.8.6.January 2015Mudarabah Investments in Project Finance
CA-3.7.13
An
Islamic bank licensee advances funds to a customer who acts as Mudarib in a construction contract for a third-party customer (ultimate customer). The ultimate customer will make progress payments to the Mudarib who, in turn, makes payments to theIslamic bank licensee . The essential role of theIslamic bank licensee in this structure is to provide bridging finance to the Mudarib pending its receipt of the progress payments. In this type of construction contract Mudarabah investment structure:(a) TheIslamic bank licensee has no direct or contractual relationship with the ultimate customer (but theIslamic bank licensee may stipulate that payments by the ultimate customer to the Mudarib be made to an account ("repayment account") with theIslamic bank licensee which has been opened for the purpose of the Mudarabah and from which the Mudarib may not make withdrawals without theIslamic bank licensee's permission); and(b) TheIslamic bank licensee as investor advances funds to the construction company as Mudarib for the construction project and is entitled to a share of the profit of the project but must bear 100% of any loss.January 2015CA-3.7.14
The
Islamic bank licensee is exposed to the risk on the amounts paid to the Mudarib, and as these amounts are made on a profit-sharing and loss-bearing basis they are treated undercredit risk as equity positions in the banking book. In principle, theIslamic bank licensee's credit exposure is to the Mudarib, not to the ultimatecustomer ; however, as described below, a structure may involve the use of a "repayment account" to receive progress payments from the ultimatecustomer , which transfers much of thecredit risk to the latter.January 2015CA-3.7.15
In addition to
credit risk (i.e. that the Mudarib has received payment from the ultimatecustomer but fails to pay theIslamic bank licensee , or that the ultimatecustomer fails to pay), theIslamic bank licensee is exposed to capital impairment in case the project results in a loss.January 2015Direct Payment by Ultimate Customer into a "Repayment Account" Opened with the Bank and Effectively Pledged to the Bank
CA-3.7.16
Much of the
Islamic bank licensee's credit exposure to the Mudarib may be transferred to the ultimatecustomer under this structure involving the "repayment account". If the ultimatecustomer is a sovereign or otherwise has a very low risk-weighting, this may affect the RW to be applied to the exposure, and othercredit risk mitigants may be applied, as described below.January 2015CA-3.7.17
In a construction related transaction, provided the construction work proceeds normally and to the ultimate
customer's satisfaction, the risk attaching to the progress payments due from the ultimatecustomer to the Mudarib will be thecredit risk of the ultimatecustomer . However, this does not per se constitute a mitigation of thecredit risk of theIslamic bank licensee's exposure to the Mudarib. In such a case, if an independent engineer employed to certify that the work has reached a certain stage of completion has issued a certificate to that effect, so that a progress payment is due from the ultimatecustomer , from the point of view of theIslamic bank licensee the amount of that progress payment due is no longer exposed to the risk of unsatisfactory performance by the Mudarib, but only to the latter's failure to pay theIslamic bank licensee (the Mudarib being exposed to possible default by the ultimatecustomer ). Such an amount might thus arguably bear a RW based entirely on the credit standing of the Mudarib — that is, say 100%, rather than 400%. However, if a binding agreement exists between theIslamic bank licensee and the ultimatecustomer whereby the latter will make the payment into a "repayment account" with theIslamic bank licensee , the latter's credit exposure in respect of the amount due is transferred from the Mudarib to the ultimatecustomer .January 2015CA-3.7.18
Other structures may be used which have the effect of modifying the risk exposures of the investors in a Mudarabah. The determination of the risk exposure (nature and amount) must take into account the structure which must be reflected in the application of RW.
January 2015Equity Position Risk
CA-3.7.19
The equity exposure must be measured based on the nature of the underlying investments:
(a) For investments held in the trading book, the exposure is equal to the fair value; or(b) For investments held to maturity, the exposure is equal to the carrying value — that is, either the fair value or the historical cost less any provisions for impairment.January 2015CA-3.7.20
The Mudarabah exposures, must be measured net of specific provisions.
January 2015Private Commercial Enterprise to Undertake Trading Activities in Foreign Exchange, Shares or Commodities
CA-3.7.21
The RW must be based on the applicable underlying assets as set out in the
market risk section in Chapter CA-5. An investment in foreign exchange and trading in gold/silver must be measured according to the treatment set out in Section CA-5.5, which requires an 8% capital charge on the greater of either net long or net short positions and an 8% capital charge on the net position of gold/silver.The RW of a Mudarabah that invests in quoted shares must be measured according to the equity position risk approach where positions in assets tradable in markets qualifies for treatment as equity position risk in the trading book, which incurs a total capital charge of 16% (equivalent to 200% RW) as set out in Section CA-5.3.
Investment in commodities must be measured according to either the maturity ladder approach or the simplified approach, as set out in Section CA-5.6.
January 2015Private Commercial Enterprise to Undertake a Business Venture (other than Paragraph CA-3.7.21)
Mudarabah Investment in Project Finance
CA-3.7.23
The
Islamic bank licensee's overall credit exposure in respect of the Mudarabah in such a case is divided into three parts:(a) The amount receivable by theIslamic bank licensee from the Mudarib in respect of progress payments due to the Mudarib from the ultimatecustomer for work certified as having reached a certain stage of completion: If a binding agreement exists as described in Paragraph CA-3.7.13, whereby the amount will be paid by the ultimatecustomer into a "repayment account" with theIslamic bank licensee , the RW reflects the credit standing of the ultimatecustomer . In the absence of such an agreement, the RW reflects the credit standing of the Mudarib (or 100% RW for unratedcustomer );(b) The amount held in the "repayment account" with theIslamic bank licensee , which has a risk weighting of 0%; and(c) For any remaining balance of the funds advanced by theIslamic bank licensee to the Mudarib, which incurs a RW of between 300% and 400% under the simple RW method, or between 90% and 270% under the slotting method, unless otherwise rated, the treatment as set out in Paragraph CA-3.7.12 applies.January 2015Summary of Capital Requirements for Mudarabah Categories
CA-3.7.24
The Mudarabah categories that attract capital charges of Paragraphs CA-3.7.11 and CA-3.7.12 are:
Mudarabah Category Credit RW Market Risk Capital Charge Private commercial enterprise to undertake trading activities in the foreign exchange, share and/or commodity Not applicable Depends on the underlying asset as set out in the applicable market risk sectionPrivate commercial enterprise to undertake business venture other than trading activities in the foreign exchange, share and/or commodity (a) Simple risk-weight method: 400% RW* of the contributed amount to the business venture less any specific provisions or:(b) Slotting method: Between 90% and 270% RW of the contributed amount to the business venture based on the four categoriesNot applicable * 300% RW may be applied if the funds are subject to withdrawal by the investor at short notice.
January 2015CA-3.7.25
The applicable stages in a Mudarabah contract in project finance that attract capital charges of Paragraph CA-3.7.13 are:
Applicable Stages in a Contract Credit RW Market Risk Capital Charge Prior to certification, where funds are already advanced by the bank to the Mudarib Risk weight is based on the rating of either the ultimate customer or the Mudarib (see Paragraph CA-3.7.13). Otherwise, 400% RW is applied to an unrated Mudarib. Not applicable After certification, where the amount is receivable by the bank from the Mudarib in respect of progress payment to the Mudarib from the ultimate customer If a "repayment account" or similar mitigation structure is used, RW is based on the credit standing of the ultimate customer on the amounts receivable by the bank from the Mudarib (or 100% RW for unrated customer). Not applicable January 2015CA-3.8
Sukuk [This Section was moved to Chapter CA-8 in January 2015].
January 2015CA-3.9 CA-3.9 Qard Hasan
Introduction
CA-3.9.1
This Section sets out the minimum capital requirement to cover the risk of losing capital arising from entering into contracts or transactions that are based on the Shari'a rules and principles of Qard.
January 2015CA-3.9.2
Qard is a loan given by an
Islamic bank licensee , where the borrower is contractually obliged to repay only the principal amount borrowed.17 In the contract of Qard, no payment in addition to the principal amount lent may be required, as that would be a form of Riba.
17 As a business entity, banks provide financing to their customers to perform their role as financial intermediary and seek an opportunity to earn profits for their enterprise and for distribution to their shareholders and fund providers. Therefore, most banks will not be providing any significant amount of lending on the basis of Qard, as Shari'a rules and principles require the borrower to pay only the principal amount in that case. Nonetheless, a bank survey has shown that, in several jurisdictions, some banks do provide Qard-based lending for different reasons. These vary widely among banks and may include: (a) lending to some specific type of clients such as the poor, needy or widows, etc. as a part of Corporate Social Responsibility practice; (b) lending out of their Charity Account (built out of their non-permissible income) to small entrepreneurs and new businesses that do not have access to sufficient assets that can be used as collateral; (c) lending as a part of their business product — that is, not out of the Charity Account; (d) providing funding to various microfinance institutions or customers; and (e) lending mainly for marketing or public acceptance purposes, where a small portion of the overall financing portfolio is allocated to support certain activities of underprivileged sections of the population, etc.
January 2015CA-3.9.3
If a fixed period of repayment is stipulated in the contract, the borrower is liable to pay back the principal amount to the
Islamic bank licensee on or before the agreed date of payment. On the other hand, if no period is stipulated in the contract, it is binding upon the borrower to make a repayment of the loaned amount to the lender on demand.January 2015Collateralisation
CA-3.9.4
As one of the CRM techniques,
Islamic bank licensees can secure a pledge of a tangible asset. The collateralisation is not automatically provided in a Qard contract but must be explicitly stated or must be documented in a separate security agreement at or before the time of signing of the Qard contract. TheIslamic bank licensee may employ other techniques such as pledge of deposits/PSIA or a third-party financial guarantee.January 2015Credit Risk
CA-3.9.5
Islamic bank licensees are exposed tocredit risk in the event that the borrower fails to repay the principal amount in accordance with the agreed terms of the contract. In a fixed-period Qard contract,credit risk exposure commences upon the execution of the contract until the full repayment by the borrower.January 2015CA-3.9.6
The credit exposure is measured based on account receivable in Qard — that is, the amount due from the
customer at the end of the financial period less any provision for doubtful debts.January 2015CA-3.9.7
The account receivable amount (net of specific provisions) arising from the Qard contract must be assigned a RW based on the credit standing of the borrower, as rated by an ECAI that is approved by the CBB (see Section CA-4.6). In cases where the borrower is unrated, a RW of 100% applies. The RW of a financial guarantor can be substituted for the RW of the borrower provided that the guarantor has a better credit rating than the borrower and that the guarantee is legally enforceable. If an exposure is covered by multiple CRM techniques, the exposure must be segregated into segments covered by each type of CRM technique as specified in Section CA-4.7. For any uncovered exposure, the RW of the underlying counterparty applies.
January 2015Market Risk
CA-3.9.8
In the case where a cash loan is provided by the
Islamic bank licensee , there is no element ofmarket risk . If, however, a loan is provided in a currency other than the local currency or in the form of a commodity, the relatedmarket risk is applicable, as outlined in Section CA-5.6.January 2015Summary of Capital Requirement for Qard-based Lending
CA-3.9.9
The following table sets out capital charges for lending on the basis of Qard:
Exposure Credit RW Market Risk Capital Charge Accounts receivable from customer Exposure is equal to the amount of loan (less specific provisions) X customer's rating (or 100% RW for unrated customer). Not applicable* * Applicable only if Qard-based lending is made in the foreign currency or in commodities.
January 2015CA-3.10 CA-3.10 Wakalah
Introduction
CA-3.10.1
This Section sets out the minimum capital adequacy requirement to cover the risk of losing invested capital arising from an
Islamic bank licensee entering into asset-side financing contracts or transactions that are based on the Shari'a rules and principles of Wakalah.January 2015CA-3.10.2
An
Islamic bank licensee assumes the role of a principal (Muwakkil) and appoints thecustomer as agent (Wakil) to carry out a specified set of services or act on its behalf. This Section is applicable to both restricted and unrestricted Wakalah financing.January 2015CA-3.10.3
Wakalah is a contract of agency whereby one person contracts to perform any work or provide any service on behalf of another person. Businesses rely on a range of individuals to act on their behalf; these include employees, directors, partners, and a range of professional agents. An action performed by an agent on behalf of the principal will be deemed to be an action by the principal. An agent will obtain fees for services rendered according to the contractual reward structure offered by the principal which may incorporate a performance-related element.
January 2015CA-3.10.4
Profits generated are distributed to the Muwakkil less the Wakil fee, in accordance with the terms of the Wakalah agreement. In case the contract includes some "indicative" or "expected" profit rate on the investment, the Wakalah contract can include a clause stipulating that the Wakil's remuneration may be:
(a) A pre-agreed flat fee; or(b) A certain share of profit added to a pre-agreed flat fee, subject to the terms and conditions.January 2015CA-3.10.5
A Wakalah financing can be carried out on either:
(a) A restricted basis, where the capital provider allows the Wakil to make investments subject to specified investment criteria or certain restrictions such as types of instrument, sector or country exposures etc.; or(b) An unrestricted basis, where the capital provider allows the Wakil to invest funds freely based on the latter's skills and expertise. For interbank Wakalah, the Wakil is permitted by the Muwakkil to invest the investment amount on a discretionary basis, but only in Shari'a-compliant transactions.January 2015CA-3.10.6
As the Muwakkil, the
Islamic bank licensee is exposed to the risk of losing its invested capital — that is, capital impairment risk. Any loss on the investment is to be borne solely by the Muwakkil, but is limited to the amount of its capital. Losses that are due to fraud, misconduct, negligence or breach of contractual terms are to be borne by the Wakil. The Wakil shall be entitled to any pre-agreed flat Wakil fee irrespective of whether the actual profit is less than, equal to or greater than any expected profit, and also in the event of a loss.January 2015CA-3.10.7
However, while it is not permissible for a Wakil to give a guarantee against losses or for any indicative or expected profits, such a guarantee may be given by a third party on the basis of tabarru' (donation). In such a case, the amount of the Wakalah capital so guaranteed may be considered as subject to
credit risk with a risk-weighting equal to that of the guarantor. In particular, such guarantees may be given when liquid funds are placed in an Islamic interbank market under a Wakalah contract.January 2015CA-3.10.8
In the absence of any fraud, misconduct, negligence or breach of contractual terms on the part of Wakil, all the risk of loss on the investment is to be borne by the Muwakkil. Therefore, the
Islamic bank licensee is exposed to the skills of the Wakil that manages the investments on behalf of theIslamic bank licensee , as well as to business risks associated with the underlying activities and types of investments or assets of the Wakalah agreement.January 2015Capital Requirements
CA-3.10.9
For the purpose of determining the minimum capital requirements, this section makes distinctions between the following main categories of Wakalah:
(a) Wakalah investments to undertake trading activities in foreign exchange, shares and/or commodities, including Commodity Murabaha Transactions (CMTs);(b) Wakalah investments with a private commercial enterprise to undertake business activities (other than (a) above); and(c) Wakalah placement in the interbank market.January 2015CA-3.10.10
The Wakalah exposures, are measured net of specific provisions as set out below.
January 2015Wakalah Investments to Undertake Trading Activities in Foreign Exchange, Shares and/or Commodities, including CMT
CA-3.10.11
The RW is based on the applicable underlying assets as set out in the
market risk section in Chapter CA-5. An investment in foreign exchange and trading in gold or silver must be measured according to the treatment as set out in Section CA-5.5, which requires an 8% capital charge on the greater of either net long or net short positions and an 8% capital charge on the net position of gold/silver.January 2015CA-3.10.12
The RW of a Wakalah for funds that are invested in quoted shares must be measured according to the equity position risk approach, where positions in assets tradable in markets qualify for treatment as equity position risk in the trading book, which incur a total capital charge of 16% (equivalent to 200% RW) as set out in Section CA-5.3.
January 2015CA-3.10.13
Investment in commodities must be measured according to either the maturity ladder approach or the simplified approach as set out in Section CA-5.6.
January 2015CA-3.10.14
If the Wakalah investment is to be utilised by the Wakil (another
Islamic bank licensee ) for conducting CMT to earn a (fixed rate of) profit, the investingIslamic bank licensee is primarily exposed to the counterparty risk. In that case, the invested amount (net of specific provisions) must be assigned a RW based on the credit standing of the counterparty as rated by an approved ECAI. In cases where the counterparty is unrated, a RW of 100% applies (see Section CA-4.2).January 2015Wakalah Investments with Private Commercial Enterprise to Undertake Business Activities (other than in Paragraph CA-3.10.11)
CA-3.10.15
This type of Wakalah investment exposes the
Islamic bank licensee to capital impairment risk. Due to this downside risk, the RW is measured according to equity position in the banking book approach. The RW must be applied to the exposures net of specific provision, if any.January 2015CA-3.10.16
As explained in Sections CA-3.6 and 3.7, there are two possible methods used to calculate the equity exposures, that is:
(a) The simple risk-weight method; and(b) The slotting method.January 2015CA-3.10.17
The RW under the simple risk-weighting method (a) entails a RW of 300–400%. Under the slotting method (b), an
Islamic bank licensee must map its RW into four supervisory categories as described in Appendix CA-5 (specialised financing) where the RWs of each category are as follows:Supervisory Categories Strong Good Satisfactory Weak Risk weights 90% 110% 135% 270% The above RWs under the slotting method for specialised financing include an additional fixed factor of 20% RW to cater for potential decline in the Wakalah net asset value.
For further explanation, also see Paragraphs CA-4.8.7 to 4.8.11.January 2015Wakalah Placement in the Interbank Market
CA-3.10.18
An
Islamic bank licensee may place liquid funds with a central bank or anotherIslamic bank licensee on a Wakalah basis in order to obtain a return on those funds. Such placements are considered to be more secure than those identified in Paragraphs CA-3.10.11 to CA-3.10.14, owing to the available credit standing of, and the established relationship with, the counterparty in the interbank market.January 2015CA-3.10.19
A placement of funds made by an
Islamic bank licensee with anotherIslamic bank licensee under a Wakalah agreement (whether on a restricted or unrestricted basis) may be subject to a Shari'a-compliant guarantee from a third party. Such a guarantee can be related to the amount of principal invested, as well as the expected return. In such cases, the capital must be treated as subject tocredit risk , with a risk weighting equal to that of the guarantor provided that the RW of that guarantor is lower than the RW of the Wakil as counterparty. Otherwise, the RW of the Wakil applies. As explained in Section CA-3.11 related to Mudarabah interbank placement, interbank placement received on a Wakalah basis can also be effectively treated as a liability by theIslamic bank licensee receiving the funds. In the absence of any guarantee mentioned earlier, the risk-weighting must be applied based on the credit standing of the counterparty as rated by an approved ECAI, or a RW of 100% for an unrated counterparty.January 2015CA-3.10.20
If the funds placed under a Wakalah arrangement are placed in a foreign currency, in addition to the above treatment, capital charge related to foreign exchange risk is applicable as outlined in Section CA-5.5.
January 2015Summary of Capital Requirements for Wakalah Categories
CA-3.10.21
The following table sets out the Wakalah categories that attract capital charges.
Wakalah Category Credit RW Market Risk Capital Charge Wakalah investments to undertake trading activities in foreign exchange, shares and/ or commodities, including CMT Not applicable Depends on the underlying asset as set out in the applicable market risk section.
See Section CA-5.5 for Wakalah investments in FX.
See Section CA-5.3 for Wakalah Investments in shares.
See Section CA-5.6 for Wakalah Investments in commodities.
See Section CA-3.11 for Wakalah investments in CMT.Wakalah investments with private commercial enterprise to undertake business activities, other than above categories (a) Simple risk-weight method 300–400% RW of the placed amount less any specific provisions
Or:(b) Slotting method Between 90% and 270% RW of the contributed amount to the business venture based on the four categoriesNot applicable Wakalah placement in the interbank market Risk-weighting can be applied based on the credit standing of the counterparty* as rated by the approved ECAI, or a RW of 100% for an unrated counterparty. Not applicable** * In the case of a third-party guarantee, the capital must be treated as subject to
credit risk with a risk weighting equal to that of the guarantor provided that the RW of that guarantor is lower than the RW of the Wakil as counterparty. Otherwise, the RW of the Wakil applies.** If funds are invested in foreign exchange, foreign exchange risk will also be applicable as per Section CA-5.5.
January 2015CA-3.11 CA-3.11 Commodity Murabahah Transactions (CMT)
CA-3.11.1
This Section sets out the minimum capital requirements to cover the credit and
market risks arising from financing contracts that are based on the Shari'a rules and principles of CMTs, either in the interbank market or to other customers.January 2015CA-3.11.2
Islamic bank licensees can be involved in CMT-based financing in the following forms:18(a) CMT for interbank operations for managing short-term liquidity surplus (i.e. selling and buying of Shari'a-compliant commodities through Murabahah transactions, which is commonly termed "placement" in conventional institutions) or where the counterparty is the central bank or monetary authority offering a Shari'a-compliant lender of last resort and/or a standing facility for effective liquidity management. Such placement/financing is referred to as "commodity Murabahah for liquid funds (CMLF)"; or19(b) CMT for providing financing to a counterparty by a longer-term commodity Murabahah where the counterparty immediately sells the commodities on the spot market is referred to as "commodity Murabahah financing (CMF)".
18 Please see IFSB GN-2 (Guidance Note on CMT, issued in December 2010) for details on various risk management and capital adequacy aspects of CMT that can be conducted on both sides of the balance sheet.
19 CMLF is also referred to as "commodity Murabahah investment" by some banks in the industry. Strictly speaking, Murabahah should not be classified as an investment, since in fact it is a type of receivable.
January 2015CA-3.11.3
CMLF is a tool for liquidity management for
Islamic bank licensees in order for them to invest their surplus liquid funds on a short-term basis with other market players, within or outside the jurisdiction. In this type of transaction, the RW will be influenced by the credit standing of the counterparty receiving the funds and the duration of the placement.January 2015Capital Requirements
CA-3.11.4
It is crucial for
Islamic bank licensees to recognise and evaluate the overlapping nature and transformation of risks that exist between various types of risk. Since the dynamism of risk exposure through the phases of CMT is unique,Islamic bank licensees should break down the contractual timeline for CMT while managing the risks in each phase.January 2015CA-3.11.5
An
Islamic bank licensee may be exposed tomarket risk through any fluctuation in the price of the underlying commodity that comes into its possession for a longer duration than normal — for example, when a customer refuses to honour his commitment to buy or when the agreement is non-binding. With CMLF and CMF on the asset side,market risk transforms intocredit risk ; that is,market risk is applicable before selling the commodities to the counterparty, while upon their being sold to the counterparty on deferred payment terms themarket risk converts intocredit risk . In view of the market practice relating to CMT whereby the commodities are sold instantaneously after being bought on the basis of a binding promise, there would be nomarket risk . On the other hand, if anIslamic bank licensee holds title to the commodities for any length of time in the CMT transaction, amarket risk exposure will be present. Placement of funds in currencies other than the local currency will also expose theIslamic bank licensee to foreign exchange risk.January 2015Credit Risk
CA-3.11.6
As in both CMLF and CMF, a binding promise from the
customer exists to purchase the commodity; anIslamic bank licensee is exposed to default on thecustomer's obligation to purchase. In the event of default by thecustomer , theIslamic bank licensee disposes of the asset to a third party; that is, thecredit risk is mitigated by the asset in possession as collateral, net of any haircut. The exposure must be measured as the amount of the total acquisition cost to theIslamic bank licensee for the purchase of commodities, less the market value of the commodities as collateral, subject to any haircut and specific provisions, if any. The RW of the counterparty must be applicable to the resultant receivables,20 and would be based on credit ratings issued by a recognised ECAI.21 In the case of an unrated counterparty, the applicable RW will be 100%.
20 In CMLF and CMF on the asset side, the bank is exposed to market risk in the interval before it sells the commodities to the counterparty, and subsequently to credit risk (accounts receivable risk), which is applicable after the bank sells those commodities to the counterparty.
21 If the credit exposure is funded and denominated in local currency and the counterparty is a domestic sovereign, a 0% risk weight shall be applied. Otherwise, a higher risk weight as suggested by the credit rating of the foreign sovereign is applicable.
January 2015CA-3.11.7
In applying the RWs outlined above, an
Islamic bank licensee must ensure that the contracts for the transactions are properly documented and legally enforceable in a court of law. In the absence of these features, the commodities are exposed tomarket risk .January 2015Market Risk
CA-3.11.8
In the presence of a binding promise to purchase from the counterparty (Paragraph CA-3.2.6) and legally enforceable contract documentation, no capital charge is applicable for
market risk . Otherwise, a capital charge for commodities risk is applicable, and must be measured by using either the maturity ladder approach or the simplified approach as set out in Section CA-5.6.January 2015CA-3.11.9
In case the exposure is denominated in a foreign currency, a capital charge on the foreign currency exposure must be calculated as outlined in Section CA-5.5.
January 2015Summary of Capital Requirements
CA-3.11.10
The following table delineates the applicable stage of the CMLF and CMF on the asset side and associated capital charges.
Applicable Stage of the Contract Credit RW Market Risk Capital Charge 1 Commodities on banks' balance sheet for sale Total acquisition cost to the banks for the purchase of commodities, less the market value of the commodities as collateral, subject to any haircut and specific provisions. Not applicable* 2 Commodities sold and delivered to the customer Based on counterparty's rating or 100% RW for unrated customer. Not applicable * In the presence of a binding promise from the counterparty to purchase, and legally enforceable contract documentation, there will be no capital charge.
January 2015CA-4 CA-4 Credit Risk — The Standardised Approach
CA-4.1 CA-4.1 Introduction
CA-4.1.1
Credit risk exposures in Islamic financing arise in connection with accounts receivable in Murabaha contracts, counterparty risk in Salam contracts, accounts receivable and counterparty risk in Istisn'a contracts and lease payments receivable in Ijarah contracts, and Sukuk held to maturity in the banking book.Credit risk is measured according to the Standardised Approach as outlined in this Module, except for certain exposures arising from investments by means of Musharaka or Mudaraba contracts in assets in the banking book. The latter are to be treated as giving rise tocredit risk (in the form of capital impairment risk), and are to be risk-weighted applying the supervisory slotting criteria for exposures in the nature of specialised financing and the risk weights applicable to equities for other equity exposures as detailed in the Musharaka and Mudaraba sections of Chapter CA-3.January 2015CA-4.1.2
Broadly, the assignment of Risk Weights (RWs) takes into consideration the following:
(a) Thecredit risk rating of an obligor or other counterparty, or a security, based on external credit assessment institutions (ECAI) ratings22. In determining the risk weights in the standardised approach,Islamic bank licensees must use assessments by only those external credit assessment institutions which are recognised as eligible for capital purposes by CBB in accordance with the criteria defined in Section CA-4.6;(b)Credit risk mitigation techniques adopted by theIslamic bank licensees ;(c) Types of the underlying assets that are sold and collateralised or leased by theIslamic bank licensees ; and(d) The amount of specific provisions made for the overdue portion of accounts receivable or lease payments receivable.
22 The notations follow the methodology used by one institution, Standard & Poor's. The use of Standard & Poor's credit ratings is an example only; those of some other external credit assessment institutions could equally well be used. The ratings used throughout this document, therefore, do not express any preferences or determinations on external assessment institutions by the CBB.
January 2015CA-4.1.3
Exposures must be risk-weighted net of specific provisions and may take eligible collateral into account where the risk weight of the collateral is lower than that of the counterparty or obligor.
January 2015CA-4.2 CA-4.2 Segregation of Claims
Claims on Sovereigns
CA-4.2.1
Claims on governments of GCC member states (hereinafter referred to as GCC) and their central banks are normally risk weighted at 0%. Claims on other sovereigns and their central banks are given a preferential risk weighting of 0% where such claims are denominated and funded in the relevant domestic currency of that sovereign/central bank (e.g. if a Bahraini bank has a claim on government of Australia and the loan is denominated and funded in Australian dollar, it will be risk weighted at 0%). Such preferential risk weight for claims on GCC/other sovereigns and their central banks are allowed only if the relevant supervisor also allows 0% risk weighting to claims on its sovereign and central bank.
January 2015CA-4.2.2
Claims on sovereigns other than those referred to in Paragraph CA-4.2.1 must be assigned risk weights as follows:
Credit Assessment AAA to AA- A+ to A- BBB+ to BBB- BB+ to B- Below B- Unrated Risk Weight 0% 20% 50% 100% 150% 100% January 2015Claims on International Organisations
CA-4.2.3
Claims on the Bank for International Settlements, the International Monetary Fund and the European Central Bank receive a 0% risk weight.
January 2015Claims on Non-central Government Public Sectors Entities (PSEs)
CA-4.2.4
Any claims on the Bahraini PSEs listed in Appendix CA-8 are treated as claims on the government of Bahrain and are eligible for 0% risk weighting.
Amended: April 2016
Added: January 2015CA-4.2.4A
In addition to the Bahraini PSEs listed in Appendix CA-8, existing exposures to the following entities which have been removed from the list of PSEs as of 1st March 2016, will be grandfathered and will remain eligible for 0% risk weighting until the final maturity or sale of such exposure:
(a) Durrat Khaleej Al Bahrain Company;(b) Hawar Island Development Company;(c) Lulu Tourism Company; and(d) Al Awali Real Estate Company.Added: April 2016CA-4.2.4B
Any new claims to the entities listed under Paragraph CA-4.2.4A are subject to the normal risk weights as outlined in this Section.
Added: April 2016CA-4.2.5
Where other supervisors also treat claims on named PSEs as claims on their sovereigns, claims to those PSEs are treated as claims on the respective sovereigns as outlined in Paragraphs CA-4.2.1 and CA-4.2.2. These PSEs must be shown on a list maintained by the concerned central bank or financial regulator. Where PSE's are not on such a list, they must be subject to the treatment outlined in Paragraph CA-4.2.6.
January 2015CA-4.2.6
Claims on all other (foreign) PSEs (i.e. not having sovereign treatment) denominated and funded in the home currency of the sovereign must be risk weighted as allowed by their home country supervisors, provided the sovereign carries rating BBB- or above. Claims on PSEs with no explicit home country weighting or to PSEs in countries of BB+ sovereign rating and below are subject to ECAI ratings as per the following table:
Credit Assessment AAA to AA- A+ to A- BBB+ to BBB- BB+ to B- Below B- Unrated Risk Weight 20% 50% 100% 100% 150% 100% January 2015CA-4.2.7
Claims on commercial companies owned by governments must be risk weighted as normal commercial entities unless they are in the domestic currency and covered by a government guarantee in the domestic currency that satisfies the conditions in Section CA-4.7 in which case they may take the risk weight of the concerned government.
January 2015Claims on Multilateral Development Banks (MDBs)
CA-4.2.8
MDBs currently eligible for a 0% risk weight are: the World Bank Group comprised of the International Bank for Reconstruction and Development (IBRD) and the International Finance Corporation (IFC), the Asian Development Bank (ADB), the African Development Bank (AfDB), the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IADB), the European Investment Bank (EIB), the European Investment Fund (EIF), the Nordic Investment Bank (NIB), the Caribbean Development Bank (CDB), the Islamic Development Bank (IDB) and the Islamic Corporation for the Insurance of Investment and Export Credit (ICIEC), Arab Monetary Fund (AMF), the Council of Europe Development Bank (CEDB), the Arab Bank for Economic Development in Africa (ABEDA), Council of European Resettlement Fund (CERF) and the Kuwait Fund for Arab Economic Development (KFAED).
January 2015CA-4.2.9
The claims on MDBs, which do not qualify for the 0% risk weighting above, must be assigned risk weights as follows:
Banks Credit Quality Grades AAA to AA- A+ to A- BBB+ to BBB- BB+ to B- Below B- Unrated Risk weights 20% 50% 50% 100% 150% 50% January 2015Claims on Islamic Banks and Conventional Banks
CA-4.2.10
Claims on banks must be risk weighted as given in the following table. No claim on an unrated bank may receive a risk weight lower than that applied to claims on its sovereign of incorporation (see guidance in Paragraph CA-4.2.11A for self-liquidating letters of credit).
Banks Credit Quality Grades AAA to AA- A+ to A- BBB+ to BBB- BB+ to B- Below B- Unrated Standard risk weights 20% 50% 50% 100% 150% 50% Preferential risk weight 20% 20% 20% 50% 150% 20% January 2015CA-4.2.11
Short-term claims on locally incorporated banks must be assigned a risk weighting of 20% where such claims on the banks are of an original maturity of 3 months or less denominated and funded in either BD or US$. A preferential risk weight that is one category more favourable than the standard risk weighting must be assigned to claims on foreign banks licensed in Bahrain of an original maturity of 3 months or less denominated and funded in the relevant domestic currency (other than claims on banks that are rated below B-). Such preferential risk weight for short-term claims on banks licensed in other jurisdictions will be allowed only if the relevant supervisor also allows this preferential risk weighting to short-term claims on its banks.
January 2015CA-4.2.11A
Self-liquidating letters of credit issued or confirmed by an unrated bank are allowed a risk weighting of 20% without reference to the risk weight of the sovereign of incorporation. All other claims will be subject to the 'sovereign floor' of the country of incorporation of the concerned issuing or confirming bank. See also Paragraph CA-4.5.5.
January 2015CA-4.2.12
Claims with an (contractual) original maturity under 3 months that are expected to be rolled over (i.e. where the effective maturity is longer than 3 months) do not qualify for a preferential treatment for capital adequacy purposes.
January 2015Claims on Investment Firms
CA-4.2.13
Claims on category one and category two investment firms which are licensed by the CBB are treated as claims on banks for risk weighting purposes but without the use of preferential risk weight for short-term claims. Claims on category three investment firms licensed by the CBB must be treated as claims on corporates for risk weighting purposes. Claims on investment firms in other jurisdictions will be treated as claims on corporates for risk weighting purposes. However, if the bank can demonstrate that the concerned investment firm is subject to an equivalent capital adequacy regime to this Module and is treated as a bank for risk weighting purposes by its home regulator, then claims on such investment firms must be treated as claims on banks.
January 2015Claims on Corporates, including Insurance Companies
CA-4.2.14
Risk weighting for corporates including insurance companies is as follows:
Credit assessment AAA to AA- A+ to A- BBB+ to BB- Below BB- Unrated Risk weight 20% 50% 100% 150% 100% January 2015CA-4.2.15
Risk weighting for unrated (corporate) claims will not be given a preferential RW to the concerned sovereign. Credit facilities to small/medium enterprises may be placed in the regulatory retail portfolio in limited cases described below.
January 2015Risk Weights Based on Underlying Assets
Claims Included in the Regulatory Retail Portfolios
CA-4.2.17
Retail claims that are included in the regulatory retail portfolio must be risk weighted at 75%, except as provided in Paragraph CA-4.2.21 for the past due receivables.
January 2015CA-4.2.18
To be included in the regulatory retail portfolio, claims must meet the following criteria:
(a) Orientation ─ the exposure is to an individual person or persons or to a small business. A small business is a Bahrain-based business with annual turnover below BD 2mn;(b) Product ─ The exposure takes the form of any of the following: revolving credits and lines of credit (including credit cards and running finance), personal term finance and leases (e.g. instalment finance, auto finance and leases, student and educational finance, personal finance) and small business facilities and commitments. Islamic products which involve securities (such as Musharakah, Mudarabah, Sukuks and equities), whether listed or not, are specifically excluded from this category. Mortgage finance will be excluded if they qualify for treatment as claims secured by residential property (see below). Finance for purchase of shares are also excluded from the regulatory retail portfolios;(c) Granularity ─ The regulatory retail portfolio is sufficiently diversified to a degree that it reduces the risks in the portfolio, warranting a 75% risk weight. No aggregate exposure to one counterpart23 can exceed 0.2% of the overall regulatory retail portfolio; and(d) The aggregate receivables (accounts receivable in Murabaha and Istisna, lease payments receivable in IMB, and share purchase plus lease receivables in diminishing Musharakah) due from a single counterparty or person(s) must not exceed BD250,000.
23 Aggregated exposure means gross amount (i.e. not taking any credit risk mitigation into account) of all forms of debt exposures (e.g. finances or commitments) that individually satisfy the three other criteria. In addition, "to one counterpart" means one or several entities that may be considered as a single beneficiary (e.g. in the case of a small business that is affiliated to another small business, the limit would apply to the bank's aggregated exposure on both businesses).
January 2015Claims Secured by Residential Real Estate (RRE)
CA-4.2.19
Financing facilities fully secured by first mortgages on RRE that is or will be occupied by the borrower, or that is leased, carry a risk weighting of 75%.
January 2015CA-4.2.19A
The RW for RRE may be reduced to 35% subject to meeting all of the criteria below:
(a) The RRE is to be utilised for residential purposes only;(b) The subject matter of RRE must be pledged as collateral (or serve as quasi-collateral) to theIslamic bank licensee in the case of Murabaha, IMB or diminishing Musharakah;(c) There exists a legal infrastructure in the jurisdiction whereby theIslamic bank licensee can enforce the repossession and liquidation of the RRE; and(d) TheIslamic bank licensee must obtain a satisfactory legal opinion that foreclosure or repossession as mentioned in (c) above is possible without any impediment.January 2015CA-4.2.19B
The RW for residential mortgage exposure granted under the Social Housing Schemes of the Kingdom of Bahrain may be reduced to 25% subject to meeting conditions, (a) and (b) in CA-4.2.19A. The reduced risk weight is subject to ensuring the compliance with the requirements for timely recognition of expected credit loss (ECL) as per the Credit Risk Management Module (Module CM).
Amended: October 2022
Added: July 2019Claims Secured by Commercial Real Estate
CA-4.2.20
Financing facilities secured by mortgages on commercial real estate are subject to a minimum of 100% risk weight but may be subject to higher risk weights depending on the financing structure (see CA-3). If the borrower is rated below BB-, the risk-weight corresponding to the rating must be applied.
January 2015Past Due Receivables
CA-4.2.21
In the event that accounts receivable or lease payments receivable become past due, the exposure must be risk-weighted in accordance with the following table. The exposures should be risk weighted net of specific provisions (see Paragraph CA-4.3.5 for exposures risk-weighted under Supervisory Slotting Criteria).
Type RW % of Specific Provisions for Past Due Receivables Unsecured exposure (other than a qualifying residential mortgage finance facility) that is 90 days or more past due, net of specific provisions 150%
100%Less than 20% of the outstanding receivables.
At least 20% of the outstanding receivables.Exposure secured by RRE 100% For receivables that are 90 days or more past due. January 2015CA-4.2.22
For the purposes of defining the secured portion of a past due receivable, eligible collateral and guarantees will be the same as for
credit risk mitigation purposes.January 2015CA-4.2.23
Past due retail receivables are to be excluded from the overall regulatory retail portfolio when assessing the granularity criterion, for risk-weighting purposes.
January 2015Investments in Equities and Funds (not including Real Estate)
CA-4.2.24
Investments in listed equities below the thresholds mentioned in Chapter CA-2 must be risk weighted at 100% while unlisted equities must be risk weighted at 150% provided they are not subject to other treatments described in this paragraph and in CA-4.2.25–26 below. The amount of any significant investments in commercial entities above the 15% and 60% Total Capital materiality thresholds (see Paragraph CA-2.4.25) must be weighted at 800%. Significant investments in the common shares of unconsolidated financial institutions and Mortgage Servicing Rights and Deferred Tax Assets arising from temporary differences must be risk weighted at 250% if they have not already been deducted from CET1 as required by Paragraphs CA-2.4.15 to CA-2.4.24. For risk-weighting of Sukuk, refer to Chapter CA-8.
January 2015CA-4.2.25
Investments in funds (e.g. mutual funds, Collective Investment Undertakings etc.) must be risk weighted as follows:
(a) If the instrument (e.g. units) is rated, it should be risk-weighted according to its external rating (for risk-weighting, it must be treated as a "claim on corporate");(b) If not rated, such investment should be treated as an equity investment and risk weighted accordingly (i.e. 100% for listed and 150% for unlisted);(c) TheIslamic bank licensee can apply to CBB for using the look-through approach for such investments if it can demonstrate that the look-through approach is more appropriate to the circumstances of theIslamic bank licensee ;(d) If there are no voting rights attached to investment in funds, the investment will not be subjected to consolidation, deduction or additional risk-weighting requirements (in respect of large exposure and significant investment limits);(e) For the purpose of determining "large exposure limit" for investment in funds, the look-through approach should be used (even if the look-through approach is not used to risk weight the investment).January 2015CA-4.2.26
CBB may require an
Islamic bank licensee to adopt the 'Simple Risk Weight Method' for equities (Section CA-4.4) if the CBB considers thatIslamic bank licensee's equity portfolio is significant.January 2015Large Exposures over the Limits in Module CM
CA-4.2.26A
The amount of any large exposures exceeding the limits set in Chapter CM-4 must be weighted at 800%.
January 2015Holdings of Real Estate
CA-4.2.27
See Chapter CA-9 for full details. All direct holdings of real estate by
Islamic bank licensees (i.e. owned directly by theIslamic bank licensee on balance sheet) must be risk-weighted at 200%. Premises occupied by theIslamic bank licensee must be risk-weighted at 100%. Investments in Real Estate Companies (by way of investments insubsidiaries or associates or other arrangements such as trusts, funds or REITs) must be risk-weighted at 300% or 400% as outlined in Chapter 9 of this Module. Such equity investments will be subject to the materiality thresholds for commercial companies described in Paragraph CA-2.4.25 and therefore any holdings which amount to 15% or more of Total Capital will be subject to a 800% risk weight.January 2015Other Assets
CA-4.2.28
Gold bullion held in own vaults or on an allocated basis to the extent backed by bullion liabilities must be treated as cash and therefore risk-weighted at 0%. In addition, cash items in the process of collection must be risk-weighted at 20%. The standard risk weight for all other assets will be 100%. Investments in regulatory capital instruments issued by banks or investment firms must be risk weighted at a minimum of 100%, unless they are deducted from the regulatory capital according to the corresponding deduction approach in Section CA-2.4 of this Module.
January 2015Underwriting of Non-trading Book Items
CA-4.2.29
Underwritings of capital instruments issued by other banking, financial or insurance entities are covered in Subparagraph CA-2.4.16(c) and CA-2.4.20(c). The large exposures limits of Chapter CM-4 apply for underwritings. This means the 800% risk weights apply for underwritings in excess of the limits set in Chapter CM-4. The risk weights below apply for exposures within the limits of Chapter CM-4. Where an
Islamic bank licensee has acquired assets on its balance sheet in the banking book which it is intending to place with third parties under a formal arrangement, the following risk weightings apply for no more than 90 days. Once the underwriting period has expired, the usual risk weights must apply.(a) For holdings of private equity (within large exposures limits), a risk weighting of 100% applies instead of the usual 150% (see Paragraph CA-4.2.24); and(b) For holdings of real estate (within large exposures limits), a risk weight of 200% applies instead of the usual 300% or 400% risk weight (see Paragraph CA-4.2.27).January 2015CA-4.2.30
Netting arrangements between financing assets and deposits will be permitted subject to the satisfaction of conditions in this Paragraph. The net exposure can be used for capital adequacy purposes if the
Islamic bank licensee has a legally enforceable arrangement for netting or offsetting the financing assets and the deposits, irrespective of whether the counterparty is insolvent or bankrupt. TheIslamic bank licensee must have a robust system of monitoring those financing assets and deposits with the counterparty that is subject to the netting arrangements. In using the net exposure for the calculation of capital adequacy, financing assets must be treated as exposures and deposits as collateral in the comprehensive approach (as per the formula provided in Paragraph CA-4.7.23). A zero haircut is applicable, except in the case of a currency mismatch.January 2015CA-4.3 Supervisory Slotting Criteria
[This section was deleted in January 2015.]
January 2015CA-4.4 CA-4.4 Simple Risk Weight Method
CA-4.4.1
As stated in Paragraph CA-4.2.26, the CBB may require an
Islamic bank licensee to adopt the simple risk weight method for equities if the CBB considers that theIslamic bank licensee's equity portfolio is significant.January 2015CA-4.4.2
The RW under the simple risk weight method for equity position risk in respect of an equity exposure must be 300% for listed and 400% for unlisted less any specific provisions for impairment. If there is a third party guarantee to make good impairment losses, the RW of the guarantor must be substituted for that of the assets for the amount of any such guarantee.
January 2015CA-4.5 CA-4.5 Risk Weighting — Off-balance Sheet Items
CA-4.5.1
Off-balance sheet items must be converted into credit exposure equivalents using credit conversion factors (CCFs).
January 2015CA-4.5.2
Commitments with an original maturity of up to one year and commitments with an original maturity of over one year will receive a CCF of 20% and 50%, respectively.
January 2015CA-4.5.3
Any commitments that are unconditionally cancellable at any time by the
Islamic bank licensee without prior notice, or that are subject to automatic cancellation due to deterioration in a borrowers' creditworthiness, must receive a 0% CCF.January 2015CA-4.5.4
A CCF of 100% must be applied to the lending of other banks' securities or the posting of securities as collateral by banks.
January 2015CA-4.5.5
For short-term self-liquidating trade letters of credit arising from the movement of goods a 20% CCF must be applied to both issuing or confirming banks. See also Paragraph CA-4.2.11A.
January 2015CA-4.5.6
An import or export financing, which is based on Murabahah where the underlying goods/shipment are collateralised and insured, must attract a 20% credit conversion factor to the
Islamic bank licensees that issues or confirms the letter of credit. This treatment of collateral assumes there are no obstacles to the exercise of rights over it by the issuer or confirmer (see Pledge of assets as collateral as detailed below under Credit Risk Mitigation).January 2015CA-4.5.7
Direct credit substitutes, e.g. general guarantees of indebtedness (including standby letters of credit serving as financial guarantees for finance and securities) and acceptances (including endorsements with the character of acceptances) must be applied a CCF of 100%.
January 2015CA-4.5.8
Shari'a compliant sale and repurchase agreements, securitised lending/borrowing and asset sales with recourse, where the
credit risk remains with theIslamic bank licensee , must be applied a CCF of 100%.January 2015CA-4.5.9
Forward asset purchases, forward deposits and partly-paid shares and securities, which represent commitments with certain drawdown must be applied a CCF of 100%.
January 2015CA-4.5.10
Certain transaction-related contingent items (e.g. performance bonds, bid bonds, and warranties) must be applied a CCF of 50%.
January 2015CA-4.5.11
Note issuance facilities and revolving underwriting facilities must be applied a CCF of 50%.
January 2015CA-4.5.12
Islamic bank licensees must closely monitor securities, commodities, and foreign exchange transactions that have failed, starting the first day they fail. A capital charge to failed transactions must be calculated in accordance with CBB guidelines set forth in Appendix CA-4 — 'Capital treatment for failed trades and non DvP transactions'.January 2015CA-4.5.13
With regard to unsettled securities, commodities, and foreign exchange transactions,
Islamic bank licensees are encouraged to develop, implement and improve systems for tracking and monitoring thecredit risk exposure arising from unsettled transactions as appropriate for producing management information that facilitates action on a timely basis.January 2015CA-4.5.14
When transactions mentioned in Paragraph CA-4.5.12 are not processed through a delivery-versus-payment (DvP) or payment-versus-payment (PvP) mechanism,
Islamic bank licensees must calculate a capital charge as set forth in Appendix CA-4.January 2015CA-4.5.15
Shari'a-compliant over-the-counter (OTC) hedging contracts expose an
Islamic bank licensee to counterparty credit risk (CCR). CCR refers to the risk that the counterparty to a transaction could default before the final settlement of the transaction's cash flows. An economic loss would occur if the transactions, or portfolio of transactions, with the counterparty had a positive economic value at the time of default. Unlike anIslamic bank licensee's exposure tocredit risk through a financing arrangement, where the exposure tocredit risk is unilateral and only theIslamic bank licensee financing the transaction faces the risk of loss, CCR involves a bilateral risk of loss; that is, the market value of the transaction can be positive or negative o either counterparty to the transaction, depending on the movements in the market prices of the underlying variables.January 2015CA-4.5.16
A credit equivalent for Shari'a-compliant hedging techniques can be derived using the Current Exposure Method.24 The credit equivalent exposure is based on the positive mark-to-market replacement cost of the contract. An add-on factor must be added to cover for potential future credit exposure. (See Appendix CA-2 for full details. Also see Paragraph CA-4.7.20 for conditions for applying 0% RW to such contracts.)
24 Current exposure is the larger of zero or the market value of a transaction, or portfolio of transactions with a counterparty that would be lost upon the default of the counterparty, assuming no recovery on the value of those transactions in bankruptcy. Current exposure is often also called replacement cost (see Appendix CA-2 for details).
January 2015CA-4.6 CA-4.6 External Credit Assessments
The Recognition Process and Eligibility Criteria
CA-4.6.1
CBB will assess all External Credit Assessment Institutions (ECAI) according to the six criteria below. Any failings, in whole or in part, to satisfy these to the fullest extent will result in the respective ECAI's methodology and associated resultant rating not being accepted by the CBB:
(a) Objectivity: The methodology for assigning credit assessments must be rigorous, systematic, and subject to some form of validation based on historical experience. Moreover, assessments must be subject to ongoing review and responsive to changes in financial condition. Before being recognized by the CBB, an assessment methodology for each market segment, including rigorous back testing, must have been established for an absolute minimum of one year and with a preference of three years;(b) Independence: An ECAI must show independence and should not be subject to political or economic pressures that may influence the rating. The assessment process should be as free as possible from any constraints that could arise in situations where the composition of the board of directors, political pressure, the shareholder structure of the assessment institution or any other aspect could be seen as creating a conflict of interest;(c) International access/Transparency: The individual assessments, the key elements underlining the assessments and whether the issuer participated in the assessment process should be publicly available on a non-selective basis, unless they are private assessments. In addition, the general procedures, methodologies and assumptions for arriving at assessments used by the ECAI should be publicly available;(d) Disclosure: An ECAI should disclose the following information: its code of conduct; the general nature of its compensation arrangements with assessed entities; its assessment methodologies, including the definition of default, the time horizon, and the meaning of each rating; the actual default rates experienced in each assessment category; and the transitions of the assessments, e.g. the likelihood of AA ratings becoming A over time;(e) Resources: An ECAI must have sufficient resources to carry out high quality credit assessments. These resources should allow for substantial ongoing contact with senior and operational levels within the entities assessed in order to add value to the credit assessments. Such assessments will be based on methodologies combining qualitative and quantitative approaches; and(f) Credibility: Credibility, to a certain extent, can derive from the criteria above. In addition, the reliance on an ECAI's external credit assessments by independent parties (investors, insurers, trading partners) may be evidence of the credibility of the assessments of an ECAI. The credibility of an ECAI will also be based on the existence of internal procedures to prevent the misuse of confidential information. In order to be eligible for recognition, an ECAI does not have to assess firms in more than one country.January 2015CA-4.6.2
The CBB recognises Standard and Poor's, Moody's, Fitch IBCA, Capital Intelligence and the Islamic International Rating Agency as eligible ECAIs. With respect to the possible recognition of other rating agencies as eligible ECAIs, CBB will update this paragraph subject to the rating agencies satisfying the eligibility requirements. (See Appendix CA-7 for mapping of eligible ECAIs).
January 2015CA-4.6.3
Islamic bank licensees must use the chosen ECAIs and their ratings consistently for each type of claim, for both risk weighting and risk management purposes.Islamic bank licensees will not be allowed to "cherry-pick" the assessments provided by different eligible ECAIs and to arbitrarily change the use of ECAIs.January 2015CA-4.6.4
Islamic bank licensees must disclose in their annual reports the ECAIs that they use for the risk weighting of their assets by type of claims, the risk weights associated with the particular rating grades as determined by the CBB through the mapping process as well as the aggregated risk-weighted assets for each risk weight based on the assessments of each eligible ECAI.January 2015Multiple Assessments
CA-4.6.5
If there are two assessments by eligible ECAIs chosen by an
Islamic bank licensee which map into different risk weights, the higher risk weight must be applied.January 2015CA-4.6.6
If there are three or more assessments by eligible ECAIs chosen by an
Islamic bank licensee which map into different risk weights, the assessments corresponding to the two lowest risk weights must be referred to and the higher of those two risk weights must be applied.January 2015Issuer Versus Issues Assessment
CA-4.6.7
Where a bank invests in a particular issue that has an issue-specific assessment, the risk weight of the claim will be based on this assessment. Where the bank's claim is not an investment in a specific assessed issue, the following general principles apply:
(a) In circumstances where the borrower has a specific assessment for an issued debt — but the bank's claim is not an investment in this particular debt — a high quality credit assessment (one which maps into a risk weight lower than that which applies to an unrated claim) on that specific debt may only be applied to the bank's un-assessed claim if this claim ranks pari passu or senior to the claim with an assessment in all respects. If not, the credit assessment cannot be used and the un-assessed claim will receive the risk weight for unrated claims; and(b) In circumstances where the borrower has an issuer assessment, this assessment typically applies to senior unsecured claims on that issuer. Consequently, only senior claims on that issuer will benefit from a high quality issuer assessment. Other un-assessed claims of a highly assessed issuer will be treated as unrated. If either the issuer or a single issue has a low quality assessment (mapping into a risk weight equal to or higher than that which applies to unrated claims), an un-assessed claim on the same counterparty will be assigned the same risk weight as is applicable to the low quality assessment.January 2015CA-4.6.8
Whether the
Islamic bank licensees intends to rely on an issuer- or an issue-specific assessment, the assessment must take into account and reflect the entire amount ofcredit risk exposure theIslamic bank licensees has with regard to all payments owed to it.25
25 For example, if a bank is owed both principal and interest, the assessment must fully take into account and reflect the credit risk associated with repayment of both principal and interest.
January 2015CA-4.6.9
In order to avoid any double counting of credit enhancement factors, no recognition of
credit risk mitigation techniques will be taken into account if the credit enhancement is already reflected in the issue specific rating (see Paragraph CA-4.7.3).January 2015Domestic Currency and Foreign Currency Assessments
CA-4.6.10
Where unrated exposures are risk weighted based on the rating of an equivalent exposure to that borrower, the general rule is that foreign currency ratings must be used for exposures in foreign currency. Domestic currency ratings, if separate, must only be used to risk weight claims denominated in the domestic currency.
January 2015CA-4.6.11
However, when an exposure arises through an
Islamic bank licensee' s participation in a credit facility that has been extended, or has been guaranteed against convertibility and transfer risk, by certain MDBs, its convertibility and transfer risk can be considered by CBB, on a case by case basis, to be effectively mitigated. To qualify, MDBs must have preferred creditor status recognised in the market and be included in MDB's qualifying for 0% risk rate under Paragraph CA-4.2.8. In such cases, for risk weighting purposes, the borrower's domestic currency rating may be used instead of its foreign currency rating. In the case of a guarantee against convertibility and transfer risk, the local currency rating can be used only for the portion that has been guaranteed. The portion of the loan not benefiting from such a guarantee will be risk-weighted based on the foreign currency rating.January 2015Short-term/Long-term Assessments
CA-4.6.12
For risk-weighting purposes, short-term assessments are deemed to be issue-specific. They can only be used to derive risk weights for claims arising from the rated facility. They cannot be generalised to other short-term claims, except under the conditions of Paragraph CA-4.6.14. In no event can a short-term rating be used to support a risk weight for an unrated long-term claim. Short-term assessments may only be used for short-term claims against banks and corporates. The table below provides a framework for banks' exposures to specific short-term facilities, such as a particular issuance of commercial paper: For any Sharia contract with an original maturity of up to three months that is not rolled over, the short-term RW as set out in the following table must be applied.
Credit assessment A-1/P-126 A-2/P-2 A-3/P-3 Others27 Risk weight 20% 50% 100% 150%
26 The notations follow the methodology used by Standard & Poor's and by Moody's Investors Service. The A-1 rating of Standard & Poor's includes both A-1+ and A-1-.
27 This category includes all non-prime and B or C ratings.
January 2015CA-4.6.13
If a short-term rated facility attracts a 50% risk-weight, unrated short-term claims cannot attract a risk weight lower than 100%. If an issuer has a short-term facility with an assessment that warrants a risk weight of 150%, all unrated claims, whether long-term or short-term, must also receive a 150% risk weight, unless the
Islamic bank licensee uses recognisedcredit risk mitigation techniques for such claims.January 2015CA-4.6.14
For short-term claims on
Islamic bank licensees , the interaction with specific short-term assessments is expected to be the following:(a) The general preferential treatment for short-term claims, as defined under Paragraphs CA-4.2.11 and CA-4.2.12, applies to all claims onIslamic bank licensee s of up to three months original maturity when there is no specific short-term claim assessment;(b) When there is a short-term assessment and such an assessment maps into a risk weight that is more favourable (i.e. lower) or identical to that derived from the general preferential treatment, the short-term assessment should be used for the specific claim only. Other short-term claims would benefit from the general preferential treatment; and(c) When a specific short-term assessment for a short term claim on anIslamic bank licensee maps into a less favourable (higher) risk weight, the general short-term preferential treatment for inter-bank claims cannot be used. All unrated short-term claims should receive the same risk weighting as that implied by the specific short-term assessment.January 2015CA-4.6.15
When a short-term assessment is to be used, the institution making the assessment needs to meet all of the eligibility criteria for recognising ECAIs as presented in Paragraph CA-4.6.1 in terms of its short-term assessment.
January 2015Level of Application of the Assessment
CA-4.6.16
External assessments for one entity within a corporate group must not be used to risk weight other entities within the same group.
January 2015Unsolicited Ratings
CA-4.6.17
Unsolicited ratings should be treated as unrated exposures.
January 2015CA-4.7 CA-4.7 Credit Risk Mitigation
Overarching Issues
CA-4.7.1
The exposure in respect of an obligor or other, counterparty can be further adjusted or reduced by taking into account the
credit risk mitigation (CRM) techniques employed by Islamic banks (off-balance sheet items will first be converted into on-balance sheet equivalents prior to the CRM being applied).January 2015CA-4.7.2
The effects of CRM will not be double counted. Therefore, no additional recognition of CRM for regulatory capital purposes is applicable on claims for which an issue-specific rating is used that already reflects that CRM.
January 2015CA-4.7.3
While the use of CRM techniques reduces or transfers
credit risk , it simultaneously may increase other risks (residual risks). Residual risks include legal, operational, liquidity andmarket risks . Therefore, it is imperative thatIslamic bank licensees employ robust procedures and processes to control these risks, including strategy; consideration of the underlying credit; valuation; policies and procedures; systems; control of roll-off risks; and management of concentration risk arising from theIslamic bank licensee's use of CRM techniques and its interaction with theIslamic bank licensee's overallcredit risk profile. Where these risks are not adequately controlled, the CBB may impose additional capital charges or take supervisory actions.January 2015CA-4.7.4
The collateral used as a part of CRM must be compliant with Shari'a requirements. The collateralisation28 must be properly documented in a security agreement or in the body of a contract to the extent permissible by Shari'a, and must be binding on all parties and legally enforceable in the relevant jurisdictions. The
Islamic bank licensee must ensure that the CRM documentation is legally enforceable and must carry out periodic reviews to confirm its enforceability at all times. TheIslamic bank licensee cannot recognise a commitment to provide collateral or a guarantee as an eligible CRM unless such a commitment is actually executed.
28 Generally, in banks such collateralisation takes place under the concept of "Rahn" or "Kafalah".
January 2015CA-4.7.5
There should be a negligible positive correlation, if any, between the value of collateral and the credit quality of a counterparty. Consequently, securities issued by a counterparty or its related entities are not eligible as collateral.
January 2015CA-4.7.6
For a collateralised transaction — such as Shari'a-compliant alternatives to repo/reverse repo or borrowing/lending of Sukuk and Islamic securities — capital requirements must be applicable on either side of the transaction.
January 2015Guarantees
CA-4.7.7
Capital relief for the use of a guarantee is given when the following conditions are satisfied:
(a) The guarantee represents theIslamic bank licensee 's direct claim on the guarantor and it must be explicitly referenced to specific exposures or a pool of exposures so that the extent of the cover is clearly defined and incontrovertible;(b) The guarantee is irrevocable and does not allow the guarantor to unilaterally cancel the guarantee after creation of the receivables;(c) The guarantee is unconditional and provides no protection clause that prevents the guarantor from being obliged to pay out in a timely manner in the event that the original counterparty fails to make payments due;(d) TheIslamic bank licensee has the right to pursue, in a timely manner, the guarantor for monies outstanding, rather than having to pursue the original counterparty to recover its exposure;(e) The guarantee is an explicitly documented and legally enforceable obligation assumed by the guarantor in all relevant jurisdictions. There must be a well-founded legal basis to reach this conclusion; and(f) The guarantee covers all types of expected payments made under the contract in the event that the original counterparty defaults.January 2015CA-4.7.8
It is permitted to have a range of guarantors to cover the exposure. Guarantees issued by parties with a lower RW than the counterparty will result in a reduction of the capital charge because the credit exposure covered by the guarantee is assigned the RW of guarantor. The RW applicable to the uncovered portion remains that of the underlying counterparty.
January 2015CA-4.7.9
Takaful is not allowed as a
credit risk mitigation technique.January 2015Leased Assets Used as Collateral
CA-4.7.10
Assets leased under Ijarah or IMB contracts fulfil a function similar to that of collateral, in that they may be repossessed by the lessor in the event of default by the lessee.
January 2015Pledge of Assets as Collateral
CA-4.7.11
The pledged asset must be a Shari'a-compliant asset of monetary value that can be lawfully owned, and is saleable, specifiable, deliverable and free of encumbrance. The pledge must be legally enforceable. The asset pledged may either be the underlying asset or any other eligible financial collateral owned by the
customer (see Paragraph CA-4.7.25). The pledge of an asset owned by a third party is subject to the owner's consent to the pledge. Murabaha facilities secured by real estate are covered separately in Paragraphs CA-4.2.19 to CA-4.2.20.January 2015CA-4.7.12
The pledger can authorise the
Islamic bank licensee , as the pledgee, to sell the asset and to offset the amount due against the sales proceeds without recourse to the courts. Alternatively, theIslamic bank licensee can demand the sale of the pledged asset in order to recover the amount due. Any surplus from the sale proceeds is to be returned to the pledger, and any shortfall must be treated as an unsecured exposure that ranks pari passu with other unsecured creditors when the debtor is declared insolvent.January 2015CA-4.7.13
In case an
Islamic bank licensee takes collateral of an asset pledged more than once, the collateral of theIslamic bank licensee must be ranked either pari passu to the collaterals of other earlier pledgees with their consent, or junior to the earlier pledgees, in which case theIslamic bank licensee's claim is limited to the residual value of the pledged asset after payment is made to earlier pledgees. TheIslamic bank licensee must take the residual value after deducting a haircut under the simple approach or the comprehensive approach (the standard supervisory haircuts or the internal haircuts) to offset its credit exposure but must first ascertain the recoverable value of the asset after taking into consideration theIslamic bank licensee's position as a pledgee as to whether it ranks pari passu with the other pledgee(s) or ranks junior to a pledgee that is registered earlier than theIslamic bank licensee .January 2015Types of Eligible Collateral and Credit Risk Mitigants
CA-4.7.14
The types of collateral are eligible for relief in respect of the CRM techniques outlined in Paragraphs CA-4.7.7 to CA-4.7.13 include:
(a) Cash on deposit29 with theIslamic bank licensee which is incurring the exposure;(b) Sukuk rated by an external rating agency which is issued by:(i) Sovereigns and PSEs (treated as sovereigns) with a minimum rating of BB-; or(ii) Issuers other than the above and other than the concernedIslamic bank licensee , with a minimum rating of BBB- or A-3/ P-3;(c) Unrated Sukuk but which fulfil each of the following criteria:(i) Issued by a bank other than the concerned Islamic bank licensee or a sovereign;(ii) Listed on a recognised exchange;(iii) All other rated issues by the issuing Islamic bank or conventional bank must be rated at least BBB — or A-3/P-3 by a recognised ECAI, as determined by the CBB;(iv) The Islamic bank which incurs the exposure or is holding the collateral has no information to suggest that the issue would justify a rating below BBB- or A-3/P-3; and(v) TheIslamic bank licensee must show that these Sukuk are liquid in a two-way market;(d) Shari'a compliant equities and units in Islamic collective investment undertakings that are listed in a main index excluding those issued by the concerned bank (which are subject to the treatments for holdings of own instruments outlined in Paragraph CA-2.4.12);(e) Shari'a compliant guarantees issued by third parties that fall within the following categories:(i) Sovereigns and central banks;(ii) PSEs;(iii) MDBs;(iv) International organisations/official entities with 0% RW(v) Islamic banks or conventional banks; and(vi) Corporate entities (including Takaful and Shari'a compliant securities firms) either by the parent,subsidiary and/oraffiliate s, of a minimum rating of A-; and(f) Certain physical assets fulfilling the function of collateral, as stated in Paragraph CA-4.7.10 (See also section CA-3.5).
29 Must be supported by an agreement or documentation that gives the bank the right of set-off against the amount of receivables due. The treatment of netting of such deposits are outlined in Paragraph CA-4.2.30.
January 2015CA-4.7.14A
Credit default guarantee provided by Tamkeen is recognised as an eligible credit risk mitigant.
Added: January 2023CA-4.7.15
Any portion of the exposure which is not collateralised must be assigned the RW of the counterparty.
January 2015CA-4.7.16
Capital relief against the collateral can be granted based on either the simple or the comprehensive approach as described below in reducing the risk exposures in the banking book.
Islamic bank licensees must approach the CBB for approval before using the comprehensive approach.Islamic bank licensees can use partial collateralisation in both approaches. Maturity mismatches between exposure and collateral will only be allowed under the comprehensive approach.January 2015The Simple Approach
CA-4.7.17
The
Islamic bank licensee can substitute the RW of the collateral for the RW of the counterparty for the collateralised portion of the exposure, subject to the collateral being pledged for at least the duration of the contract. The minimum RW of the collateralised portion is not lower than 20% (with a limited exception in Paragraph CA-4.7.19B).January 2015CA-4.7.18
The uncollateralised portion of the exposure continues to be assigned the RW of the counterparty.
January 2015CA-4.7.19
A 0% RW is applied to the collateralised portion under the simplified method where the exposure and the collateral are denominated in the same currency, and the collateral consists of any of the following:
(a) Cash or cash equivalents;(b) A deposit with theIslamic bank licensee ; or(c) Sovereign/ PSE securities eligible for a 0% RW, and the market value of such securities has been discounted by 20%.January 2015Shari'a Compliant Hedging Instruments
CA-4.7.20
Shari'a-compliant hedging instruments which are normally traded OTC can be given a RW of 0% provided the conditions set out in the following are met. (In case these conditions are not fulfilled, see Paragraphs CA-4.5.10 and CA-4.5.11 for calculating the credit equivalent using the Current Exposure Method).
(a) The OTC Shari'a-compliant hedging instruments are subject to daily mark-to-market;(b) There is no currency mismatch; and(c) The collateral is cash. In case the collateral is not cash, but consists of Sukuk issued by sovereigns/PSE that qualify for a 0% RW in the standardised approach, a minimum RW of 10% applies.January 2015The Comprehensive Approach
CA-4.7.21
In the comprehensive approach, the exposure to a counterparty is adjusted based on the collateral used without the 20% floor of the simple approach. The
Islamic bank licensee must adjust both the amount of the exposure to the counterparty and the value of the collateral shown in Paragraph CA-4.7.25, using haircuts and add-ons in order to reflect variations in the value of both the exposure and the collateral due to market movements. The resultant volatility-adjusted amount of exposure and collateral is used for the calculation of capital requirements for the underlying risk exposure. In most cases, the adjusted exposure is higher than the unadjusted exposure after application of the add-on and adjusted collateral is lower than the unadjusted collateral after application of the haircut, unless either of them is cash. An additional downward adjustment for collateral must be made if the underlying currencies of exposure and collateral are not denominated in the same currency, so as to take account of foreign exchange fluctuations in the future.January 2015CA-4.7.22
Risk-weighted assets must be calculated by calculating the difference between the volatility adjusted exposure and the volatility-adjusted collateral and multiplying this adjusted exposure by the RW of the counterparty.30
30 This calculation will be carried out when the volatility-adjusted exposure amount is greater than the volatility-adjusted collateral amount, including any additional adjustment for foreign exchange risk.
January 2015CA-4.7.23
The formula for calculation of the adjusted exposure after incorporating risk mitigation using the comprehensive approach is as follows:
E* = max {0, [E x (1 + He) — C x (1 - Hc - Hfx)]}, where:
E* = Adjusted exposure amount after risk mitigation
E = Exposure amount
He = Applicable add-on for exposure
C = The current value of underlying collateral
Hc = Applicable haircut for collateral
Hfx = Applicable haircut for foreign exchange exposure, in case exposure and collateral have dissimilar currenciesJanuary 2015CA-4.7.24
If more than one asset is involved in a collateralised transaction, the haircut on the basket (H) will be a weighted sum of applicable haircuts to each asset (Hi), with asset weights (ai) measured by units of currency — that is, H = Σ ai Hi.
January 2015The Standard Supervisory Haircuts and Add-Ons
CA-4.7.25
Both the amount of exposure to counterparty and the value of collateral received are adjusted by using standard supervisory add-ons and haircuts as set out below with the exception of any exposures collateralised by own securities which are subject to treatment under Subparagraph CA-4.7.14(d) (and Chapter CA-2 as applicable):
Types of Collateral* Residual Maturity (yrs) Haircuts (%) Sovereigns31 Others Cash on deposit All 0 0 Sukuk ≦1 0.5 1 Long-term: AAA to AA- and > 1 to ≦ 5 2 4 Short-term: A-1 > 5 4 8 Sukuk ≦1 1 2 Long-term: A+ to BBB- and > 1 to ≦ 5 3 6 Short-term: A-2 to A-3 > 5 6 12 Sukuk All 15 15 Long-term: BB+ to BB- Sukuk (unrated) All 25 25 Equities (listed and included in main index) All 15 15 Equities (listed but not included in main index) All 25 25 Units in collective investment schemes All Depending on the underlying assets as above Depending on the underlying assets as above Certain physical assets fulfilling the role of collateral in accordance with CA-4.7.10 (except real estate — see CA-4.2.19 to CA-4.2.20) All >=30 >=30 * Collateral denominated in a different currency will also be subject to an additional 8% haircut to cater for foreign exchange risk (see Paragraph CA-4.7.26.
31 Includes PSEs and MDBs
January 2015CA-4.7.26
The standard haircut for currency risk where exposure and collateral are denominated in different currencies is 8% (also based on a 10-business day holding period and daily mark-to-market). For transactions in which the
Islamic bank licensee lends non-eligible instruments (e.g. non- investment grade securities), the haircut to be applied on the exposure must be the same as the one for equity traded on a recognised exchange that is not part of a main index.January 2015Maturity Mismatch
CA-4.7.27
A maturity mismatch is a situation where the residual maturity of the CRM is less than that of the underlying credit exposure. In the case of a maturity mismatch with the CRM having a maturity of less than one year, the CRM is not recognised. This means that a CRM with a maturity mismatch is only permitted where its original maturity is at least one year. The simple approach must not be used for CRM with maturity mismatches.
January 2015CA-4.7.28
The following adjustment must be applied for a CRM with a maturity mismatch:
Pa = P x (t -0.25) / (T – 0.25), where:
Pa = adjusted value of risk mitigation
P = value of risk mitigation used (e.g. collateral or guarantee amount)
T = min (5, residual maturity of the exposure) in years
t = min (T, residual maturity of the risk mitigation) in yearsJanuary 2015Credit Risk Mitigation for Mudarabah Classified as Equity Exposures
CA-4.7.29
A placement of funds made under a Mudarabah contract may be subject to a Shari'a-compliant guarantee from a third party. Such a guarantee relates only to the Mudarabah capital, not to the return. In such cases, the capital must be treated as subject to
credit risk with a risk-weighting equal to that of the guarantor provided that the RW of that guarantor is lower than the RW of the Mudarib as a counterparty. Otherwise, the RW of the Mudarib must apply; that is, a RW for "equity exposure in banking book" applies, as per Paragraphs CA-4.8.16 to 4.8.18.January 2015CA-4.7.30
In a Mudarabah investment in project finance, collateralisation of the progress payments made by the ultimate customers (e.g. by means of a "repayment account" — see Paragraph CA-4.8.18) can be used to mitigate the exposure to unsatisfactory performance by the Mudarib.
January 2015CA-4.7.31
An
Islamic bank licensee may also place liquid funds with a central bank or anotherIslamic bank licensee on a short-term Mudarabah basis in order to obtain a return on those funds. Such placements serve as an interbank market transaction with maturities ranging from overnight up to three months, but the funds may be withdrawn on demand before the maturity date, in which case the return is calculated proportionately on the basis of duration and amount. Although from a juristic point of view the amounts so placed do not constitute debts, since (in the absence of misconduct or negligence) Mudarabah capital does not constitute a liability for the Mudarib, in practice the operation of this interbank market requires that the Mudarib should effectively treat them as liabilities. Hence, anIslamic bank licensee placing funds on this basis may treat them as cash equivalents and, for risk-weighting purposes, apply the RW applicable to the Mudarib as counterparty.January 2015Treatment of an Exposure Covered by Multiple CRM Techniques
CA-4.7.32
If an exposure is covered by multiple CRM techniques (e.g. an exposure partially covered by both collateral and a guarantee), the
Islamic bank licensee must segregate the exposure into segments covered by each type of CRM technique. The calculation of risk-weighted assets must be made separately for each segment. Similarly, if a single CRM has differing maturities, they must also be segregated into separate segments.January 2015CA-4.8 CA-4.8 Exposures in Investments Made Under Profit-Sharing Modes
CA-4.8.1
An
Islamic bank licensee may provide financing and hold investments made under profit- and loss-sharing modes (Musharakah) or profit-sharing and loss-bearing modes (Mudarabah) which may be used, inter alia, to invest in the following:(a) A commercial enterprise to undertake a business venture (with the intention of holding the investment for an indefinite period or with a view to eventual sale, such as venture capital investments or privately held equity);(b) Diminishing Musharakah in which the share of theIslamic bank licensee can be gradually reduced during the tenure of the contact until the asset is fully sold to the partner(s);(c) An equity investment in a company or an Islamic collective investment scheme not held for short-term resale or trading purposes32;(d) A specific project; or(e) A joint ownership of real assets or movable assets (such as cars) on a Musharakah basis for onward lease or sale on an Ijara or a Mudarabah basis, respectively (i.e. Musharakah with an Ijara or Mudarabah sub-contract).
32 Banking book investments would not normally include investments in listed common shares or listed Islamic collective investment schemes, which would instead be held in the trading book.
January 2015CA-4.8.2
This Section covers exposures of the
Islamic bank licensees mentioned in Paragraph CA-4.8.1 that are held not for trading but for the purpose of earning investment returns from medium- to long-term financing (i.e. held in the "banking book"). Such investments are:(a) Not held with the intent of trading or short-term resale benefiting from actual or expected price movements (as in Subparagraph CA-4.8.1(a));(b) Not marked-to-market on a daily basis;(c) Not actively monitored with reference to market sources; and(d) Exposed tocredit risk in the form of capital impairment risk.January 2015Commercial Enterprise to Undertake a Business Venture
CA-4.8.3
In assigning the RW, consideration is given to the intent of the profit-sharing investment, and to the nature of the underlying assets. For the purpose of determining minimum capital requirements, the RW is applied based on Paragraphs CA-4.8.4 to CA-4.8.22.
January 2015CA-4.8.4
Financing on a Musharakah or Mudarabah basis of a commercial enterprise to undertake a business venture can expose an
Islamic bank licensee to capital impairment risk as well ascredit risk , to an extent that depends on the structure and purpose of the financing and the types of assets in which the funds are invested. Commonly, anIslamic bank licensee would invest in a commercial enterprise with the intention of holding the investment for an indefinite period or with a view to eventual sale (as in the case of venture capital or private equity investments). As an equity investor, theIslamic bank licensee's rights and entitlements are subordinated to the claims of secured and unsecured creditors.January 2015CA-4.8.5
Capital impairment risk is the risk of losing the amount invested in an enterprise or in the ownership of an asset. Such impairments may arise for two kinds of reasons:
(a) The investee may be unprofitable, so that theIslamic bank licensee as investor fails to recover its investment; and(b) The Musharakah partner or Mudarib may fail either:(i) To pay theIslamic bank licensee's share in the profit on a periodical basis, as contractually agreed; or(ii) To settle theIslamic bank licensee's entitlement to its share of the capital and the profits at the time of redemption. The former kind of reason is an impairment of capital without any credit default being involved; whereas the latter, being a failure of the partner to meet its contractual obligations, is a type of credit default.January 2015CA-4.8.6
Bearing in mind the relatively risky nature of financing based on profit-sharing modes, the CBB sets out some prudential conditions on
Islamic bank licensees that invest IAH funds in such financing either directly or by commingling the funds of IAH with those of shareholders in such financing (see module CM). Unrestricted investment account holders (UIAH) typically have a small risk appetite and are content with an investment which has a relatively low risk and low returns.January 2015CA-4.8.7
The RW for investments in commercial enterprises is calculated according to either of the following methods:
(a) Simple risk-weight method (see also Section CA-4.4), treating the investment as an equity exposure held in the banking book; or(b) Supervisory slotting method, considering the investment as a type of specialised financing.January 2015Simple Risk Weight Method
CA-4.8.8
For Musharakah or Mudarabah investments in commercial enterprises whose common shares are listed on a recognised security exchange, a 300% RW must be applied. For Musharakah or Mudarabah investments in all other enterprises, a 400% RW is applicable.
January 2015CA-4.8.9
[This Paragraph has been left blank.]
January 2015CA-4.8.10
[This Paragraph has been left blank.]
January 2015Supervisory Slotting Method
CA-4.8.11
In project finance, the CBB may permit an
Islamic bank licensee to employ an alternative approach, namely the supervisory slotting criteria. Under this method, anIslamic bank licensee is required to map its internal risk grades into four supervisory categories for specialised financing, as described in Appendix CA-5. Each of these categories is associated with a specific RW, as given in the following. These RWs include an additional fixed factor of 20% RW to cater for the potential decline in the Mudarabah's or Musharakah's net asset value.Supervisory Categories Strong Good Satisfactory Weak Risk weights 90% 110% 135% 270% January 2015CA-4.8.12
The
Islamic bank licensee's position in a diminishing Musharakah entails two kinds of exposures:(a) The amounts due from the partner to buy out the agreed shares of the investment on the agreed dates are subject tocredit risk in respect of the partner's ability and willingness to pay.33 TheIslamic bank licensee's selling price for each share of ownership being transferred is based either on the fair value of that share at the date of the partial transfer of ownership (which exposes theIslamic bank licensee to capital gains or losses and hence to capital impairment risk) or at a price agreed upon at the time of entering into the contract. TheIslamic bank licensee's credit risk exposure in respect of the Musharakah investment is calculated based on the remaining balance of the amount invested (measured at historical cost, including any share of undistributed profits) less any specific provision for impairment. If there is a third-party guarantee to make good impairment losses, the RW of the guarantor is substituted for that of the outstanding balance of the Musharakah investment for the amount of any such guarantee; and(b) As a joint-owner, theIslamic bank licensee is entitled to its share of income generated from its share of the underlying assets of the Musharakah, such as Ijara lease rentals (e.g. when a home purchase plan is provided by anIslamic bank licensee on the basis of diminishing Musharakah). The rental payable by the partner/customer as Ijara lessee is adjusted periodically to reflect theIslamic bank licensee's remaining ownership share in the asset. TheIslamic bank licensee is exposed tocredit risk in respect of non-payment of the rentals receivable from the partner/customer.
33 Diminishing Musharakah contracts typically contain a clause whereby, in the event of a default by the partner in making a due payment, the bank has the right to terminate the contract and to exercise a put option requiring the partner to buy out the whole of the bank's remaining share of the investment. However, a financially distressed partner will most likely be unable to do so.
January 2015CA-4.8.13
Based on Paragraph CA-4.8.13, when a diminishing Musharakah contract is related to a specific fixed asset/real estate leased to a customer under an Ijara contract, the
Islamic bank licensee's credit exposure is similar to an exposure under a Musharakah with an Ijara sub-contract. In this case, the Musharakah investment is assigned a RW based on the credit standing of the counterparty/lessee, as rated by an ECAI that is approved by the CBB, and 100% RW on residual value of an asset. In case the counterparty is unrated, a RW of 100% applies.January 2015CA-4.8.14
If the exposure under the diminishing Musharakah contract consists of working capital finance in the
customer's business venture, theIslamic bank licensee must measure itscredit risk similarly to an equity exposure held in the banking book, as set out in Paragraphs CA-4.8.4 to CA-4.8.11 (Commercial enterprise to undertake a business venture). This treatment is, however, subject to the consideration of any third-party guarantee to make good impairment losses. In that case, the RW of the guarantor is substituted for that of the outstanding balance of the Musharakah investment for the amount of any such guarantee. Moreover, subject to obtaining prior approval from the CBB, anIslamic bank licensee can use the supervisory slotting method, based on the criteria set out in Appendix CA-6 (diminishing Musharakah).January 2015Equity Investments in a Company or an Islamic Collective Investment Scheme Not Held for Short-term Resale or Trading Purposes
CA-4.8.15
Such a holding is not a trading book exposure, and thus the "look-through" principle, whereby the RW of the exposure would be that of the underlying assets, does not apply and the exposure is that of an equity position in the banking book. Banking book investments would not normally include investments in common shares or Islamic collective investment schemes that are publicly listed. However, if such an investment is in an entity or Islamic collective investment scheme (consisting predominantly of equity instruments/stocks) that is publicly listed on a recognised securities exchange, the holding being not for short-term resale or trading purposes, a 300% RW must be applied, consistent with the simple RW method. Likewise, a 400% RW is applied to all other equity holdings. The exposure in such investments must be measured at the carrying values of the investments, according to IFRS or AAOIFI as applicable.
January 2015A Specified Project
CA-4.8.16
An
Islamic bank licensee can advance funds to a construction company which acts as Mudarib in a construction contract for a third-partycustomer (ultimate customer). The ultimatecustomer will make progress payments to the Mudarib, who in turn makes payments to theIslamic bank licensee . The essential role of theIslamic bank licensee in this structure is to provide bridging finance to the Mudarib pending its receipt of the progress payments. In this Mudarabah structure, theIslamic bank licensee as investor advances funds as Rabb-al-Mal to the construction company as Mudarib for the construction project, and is thus entitled to a share of the profit of the project but must bear 100% of any loss. In most cases, the Islamicbank licensee has no direct or contractual relationship with the ultimatecustomer , but in such a structure theIslamic bank licensee stipulates that payments by the ultimatecustomer to the Mudarib be made to an account ("repayment account") with theIslamic bank licensee which has been opened for the purpose of the Mudarabah and from which the Mudarib may not make withdrawals without theIslamic bank licensee's permission.January 2015CA-4.8.17
Where Paragraph CA-4.8.17 applies, the
Islamic bank licensee is exposed to the risk on the amounts advanced to the Mudarib under the Mudarabah contract, but this risk would be mitigated by the amounts received from the ultimate customer into the "repayment account" which are effectively collateralised. Under the Mudarabah contract the amounts advanced by theIslamic bank licensee to the Mudarib would normally be treated undercredit risk as "equity positions in the banking book", the use of the structure involving a "repayment account", whereby the ultimatecustomer makes payments into such an account with theIslamic bank licensee instead of making payments directly to the Mudarib, has the effect of substituting thecredit risk of the ultimatecustomer for that of the Mudarib to the extent of the collateralised balance of the "repayment account".January 2015CA-4.8.18
In addition to
credit risk (i.e. in the absence of a repayment account, the risk that the Mudarib has received payment from the ultimate customer but fails to pay theIslamic bank licensee , or, if the repayment account is used, that the ultimate customer fails to pay), theIslamic bank licensee is exposed to capital impairment in the event that the project results in a loss. The proposed RW and impact ofcredit risk mitigation are explained in Section CA-4.7.January 2015Musharakah with Ijara or Murabaha Sub-contract
CA-4.8.19
An
Islamic bank licensee can establish joint ownership of tangible fixed assets (such as cars, machinery, etc.) with acustomer on a Musharakah basis, the assets being leased or sold on an Ijara or a Murabaha basis, respectively. In these cases, the "look-through" principle (whereby the RW is that of the underlying contract) applies.January 2015CA-4.8.20
In the case of Ijara, ownership of such assets can produce rental income for the partnership, through leasing the assets to third parties by means of Ijara contracts. In this case, the risk of the Musharakah investment is that of the underlying Ijara contracts — that is,
credit risk mitigated by the "quasi-collateral"34 represented by the leased assets. In the event the asset is leased to theIslamic bank licensee's partner as acustomer instead of to a third party, thecredit risk relates to the partner's obligation to pay the lease rentals. This Musharakah investment is assigned a RW based on the credit standing of the counterparty/lessee, as rated by a CBB-approved ECAI, plus a 100% RW on the residual value of the Ijara asset. In the event the counterparty is unrated, a RW of 100% applies.
34 Strictly speaking, Ijara assets do not provide collateral to the lessor, as the latter owns the assets, but can repossess them in the event of default by the lessee. This provides what may be called "quasi-collateral".
January 2015CA-4.8.21
In the case of Murabaha, the
Islamic bank licensee is entitled to its share of income (mark-up) generated from selling the assets to third parties. TheIslamic bank licensee as a capital contributor is exposed tocredit risk in respect of the Murabaha receivables from the buyer/counterparty. This Musharakah investment must be assigned a RW based on the credit standing of the counterparty/buyer, as rated by a CBB-approved ECAI. In the event the counterparty is unrated, a RW of 100% applies.January 2015PART 3: PART 3: Other Risks
CA-5 CA-5 Market Risk
CA-5.1 CA-5.1 Trading Book
Definition of the Trading Book and Introduction
CA-5.1.1
"
Market risk " is defined as the risk of losses in on- and off-balance sheet positions arising from movements in market prices. The risks that are subject to themarket risk capital requirement are:(a) Equity position risk in the trading book;35(b) Benchmark risk in trading positions in Sukuk (see Chapter CA-8);(c) Foreign exchange risk; and(d) Commodities and inventory risk.
35 An equity position treated under "equity exposures in the banking book" is dealt with under the credit risk, as set out in Paragraphs CA-4.8.7 to CA-4.8.15.
January 2015CA-5.1.2
A trading book consists of positions in
financial instruments , foreign exchange and commodities and inventories held either with trading intent or in order to hedge other elements of the trading book. To be eligible for trading book capital treatment, financial instruments must be free of any restrictions on their tradability. In addition, positions must be frequently and accurately valued, and the portfolio must be actively managed. Open equity stakes in Shari'a compliant hedge funds, private equity investments and real estate holdings do not meet the definition of the trading book, owing to significant constraints on the ability of banks to liquidate these positions and value them reliably on a daily basis. Such holdings must therefore be held in theIslamic bank licensee's banking book and treated as equity holding in corporates, except real estate which must be treated as per Paragraph CA-4.2.27 and Chapter CA-9 of this Module.January 2015CA-5.1.3
A
financial instrument is any contract that gives rise to both a financial asset of one entity and a financial liability or equity instrument of another entity.Financial instruments include both primaryfinancial instruments (or cash instruments) and forwardfinancial instruments .January 2015CA-5.1.4
A financial asset is any asset that is cash, the right to receive cash or another financial asset; or the contractual right to exchange financial assets on potentially favourable terms, or an equity instrument. A financial liability is the contractual obligation to deliver cash or another financial asset or to exchange financial liabilities under conditions that are potentially unfavourable.
January 2015CA-5.1.5
Trading positions are defined as those positions of a bank that are held for short -term resale and/or with the intent of benefiting from actual or expected short-term price movements or to lock in arbitrage profits, and may include for example proprietary positions, positions arising from client servicing (e.g. matched principal broking) and market making.
Islamic bank licensees must have clearly outlined policies and procedures for including or not including any position in the trading book for purposes of calculating their regulatory capital requirement, to ensure compliance with the criteria for trading book set forth in this section and taking into account theIslamic bank licensee 's risk management capabilities and practices. Such policies must be commensurate with theIslamic bank licensee 's capabilities and capacities for risk management. TheIslamic bank licensee must have well-documented procedures to comply with stated policies, which must be fully documented and subject to periodic internal audit.January 2015Policies and Procedures
CA-5.1.6
Policies and procedures must, at a minimum, address the following:
(a) The activities theIslamic bank licensee considers to be trading and as constituting part of the trading book for regulatory capital purposes;(b) The extent to which an exposure can be marked-to-market daily by reference to an active, liquid two-way market;(c) For exposures that are marked-to-model, the extent to which theIslamic bank licensee can:(i) Identify the material risks of the exposure;(ii) Hedge (Sharia compliant hedging) the material risks of the exposure and the extent to which hedging instruments would have an active, liquid two-way market; and(iii) Derive reliable estimates for the key assumptions and parameters used in the model;(d) The extent to which theIslamic bank licensee can and is required to generate valuations for the exposure that can be validated by external parties in a consistent manner;(e) The extent to which legal restrictions or other operational requirements would impede theIslamic bank licensee's ability to effect an immediate liquidation of the exposure;(f) The extent to which theIslamic bank licensee is required to, and can, actively risk manage the exposure within its trading operations; and(g) The criteria for and the extent to which theIslamic bank licensee may transfer risk or exposures between the banking and the trading books.The list above is not intended to provide a series of tests that a product or group of related products must pass to be eligible for inclusion in the trading book. Rather, the list provides a minimum set of key points that must be addressed by the policies and procedures for overall management of an
Islamic bank licensee's trading book.January 2015CA-5.1.7
The basic requirements for positions eligible to receive trading book capital treatment are:
(a) Clearly documented trading strategy for the position/instrument or portfolios, approved by senior management (which would include expected holding horizon);(b) Clearly defined policies and procedures for the active management of the position, which must include the following points:(i) Positions are managed on a trading desk;(ii) Position limits are set and monitored for appropriateness;(iii) Dealers have the autonomy to enter into/manage the position within agreed limits and according to the agreed strategy;(iv) Positions are marked to market at least daily and when marking to model the parameters must be assessed on a daily basis;(v) Positions are reported to senior management as an integral part of theIslamic bank licensee's risk management process; and(vi) Positions are actively monitored with reference to market information sources (assessment must be made of the market liquidity or the ability to hedge positions or the portfolio risk profiles). This includes assessing the quality and availability of market inputs to the valuation process, level of market turnover, sizes of positions traded in the market, etc.; and(c) Clearly defined policy and procedures to monitor the positions against theIslamic bank licensee's trading strategy including the monitoring of turnover and stale positions in theIslamic bank licensee's trading book.January 2015Prudent Valuation Guidance for the Trading book and the Banking Book
CA-5.1.8
This Section provides
Islamic bank licensees with guidance on prudent valuation for positions that are accounted for at fair value, whether they are in the trading book or in the banking book. This guidance is especially important for positions without actual market prices or observable inputs to valuation, as well as less liquid positions which, although they will not be excluded from the trading book solely on grounds of lesser liquidity, raise CBB's concerns about prudent valuation.January 2015CA-5.1.8.A
Positions in the
Islamic bank licensee's own eligible regulatory capital instruments are deducted from capital. Positions in other banks', securities firms', and other financial entities' eligible regulatory capital instruments, as well as intangible assets, are subject to the same treatment as that set down by the CBB for such assets held in the banking book (see Chapter CA-2 of this Module).January 2015CA-5.1.9
The valuation guidance set forth below is not intended to require
Islamic bank licensees to change valuation procedures for financial reporting purposes. The CBB will assess anIslamic bank licensee's valuation procedures for consistency with this guidance. One factor in the CBB's assessment of whether anIslamic bank licensee must take a valuation adjustment for regulatory purposes under Paragraphs CA-5.1.18.A to CA-5.1.20 is the degree of consistency between theIslamic bank licensee's valuation procedures and these guidelines.January 2015CA-5.1.9A
A framework for prudent valuation practices must at a minimum include the requirements outlined in this Section.
January 2015Systems and Controls
CA-5.1.10
Islamic bank licensees must have robust systems and controls, with documented policies and procedures for the valuation process. These systems must be integrated with theIslamic bank licensees' enterprise risk management processes and must have the ability to give confidence to the CBB and management regarding the reliability of the valuations. These policies and procedures must include: (a) clearly defined responsibilities of the personnel and departments involved in the valuation; (b) sources of market information, and review of their reliability; (c) frequency of independent valuations; (d) timing of closing prices; (e) procedures for adjusting valuations between periods; (f) ad-hoc verification procedures; and (g) reporting lines for the valuation department that must be independent of the front office. Such policies and procedures must also take into consideration compliance with IFRS or AAOIFI accounting standards as applicable and CBB requirements.January 2015Valuation Methodologies
Marking to Market
CA-5.1.11
Marking-to-market is at least the daily valuation of positions at readily available close out prices that are sourced independently. Examples of readily available close out prices include exchange prices, screen prices, or quotes from several independent reputable brokers.
January 2015CA-5.1.12
Islamic bank licensees must mark-to-market as much as possible. The more prudent side of bid/offer must be used unless the bank is a significant market maker in a particular position type and it can close out at mid-market.Islamic bank licensees must maximise the use of relevant observable inputs and minimise the use of unobservable inputs when estimating fair value using a valuation technique. However, observable inputs or transactions may not be relevant, such as in a forced liquidation or distressed sale, or transactions may not be observable, such as when markets are inactive. In such cases, the observable data must be considered, but may not be determinative.January 2015Marking to Model
CA-5.1.13
Only where marking-to-market is not possible must
Islamic bank licensees mark-to-model, but this must be demonstrated to be prudent. Marking-to-model is defined as any valuation which has to be benchmarked, extrapolated or otherwise calculated from a market input.January 2015CA-5.1.14
When marking to model, an extra degree of conservatism is appropriate. The CBB will consider the following in assessing whether a mark-to-model valuation is prudent:
(a) Senior management should be aware of the elements of the trading book or of other fair-valued positions which are subject to mark to model and should understand the materiality of the uncertainty this creates in the reporting of the risk/performance of the business;(b) Market inputs should be sourced, to the extent possible, in line with market prices (as discussed above). The appropriateness of the market inputs for the particular position being valued should be reviewed regularly;(c) Where available, generally accepted valuation methodologies for particular products should be used as far as possible;(d) Where the model is developed by the licensee itself, it should be based on appropriate assumptions, which have been assessed and challenged by suitably qualified parties independent of the development process. The model should be developed or approved independently of the front office. It should be independently tested. This includes validating the mathematics, the assumptions and the software implementation;(e) There should be formal change control procedures in place and a secure copy of the model should be held and periodically used to check valuations;(f) Risk management should be aware of the weaknesses of the models used and how best to reflect those in the valuation output;(g) The model should be subject to periodic review to determine the accuracy of its performance (e.g. assessing continued appropriateness of the assumptions, analysis of P&L versus risk factors, comparison of actual close out values to model outputs); and(h) Valuation adjustments should be made as appropriate, for example, to cover the uncertainty of the model valuation (see also valuation adjustments in Paragraphs CA-5.1.7 to CA-5.1.20).January 2015Independent Price Verification
CA-5.1.15
Independent price verification is distinct from daily mark-to-market. It is the process by which market prices or model inputs are regularly verified for accuracy. While daily marking-to-market may be performed by dealers, verification of market prices or model inputs must be performed by a unit independent of the dealing room, at least monthly (or, depending on the nature of the market/trading activity, more frequently). It need not be performed as frequently as daily mark-to-market, since the objective, i.e. independent, marking of positions, should reveal any error or bias in pricing, which should result in the elimination of inaccurate daily marks.
January 2015CA-5.1.16
Independent price verification entails a higher standard of accuracy in that the market prices or model inputs are used to determine profit and loss figures, whereas daily marks are used primarily for management reporting in between reporting dates. For independent price verification, where pricing sources are more subjective, e.g. only one available broker quote, prudent measures such as valuation adjustments may be appropriate.
January 2015Valuation Adjustments
CA-5.1.17
As part of their procedures for marking to market,
Islamic bank licensees must establish and maintain procedures for considering valuation adjustments.Islamic bank licensees using third-party valuations must consider whether valuation adjustments are necessary. Such considerations are also necessary when marking to model.January 2015CA-5.1.18
Islamic bank licensees must consider the following valuation adjustments/reserves at a minimum: unearned profit, close-out costs,operational risks , early termination, investing and funding costs, and future administrative costs and, where appropriate, model risk.January 2015Adjustment to the Current Valuation of Less Liquid Positions for Regulatory Capital Purposes
CA-5.1.18.A
Islamic bank licensees must establish and maintain procedures for judging the necessity of and calculating an adjustment to the current valuation of less liquid positions for regulatory capital purposes. This adjustment may be in addition to any changes to the value of the position required for financial reporting purposes and must be designed to reflect the illiquidity of the position.Islamic bank licensees must consider the need for an adjustment to a position's valuation to reflect current illiquidity whether the position is marked to market using market prices or observable inputs, third-party valuations or marked to model.January 2015CA-5.1.19
Bearing in mind that the underlying 10-day assumptions made about liquidity in the
market risk capital charge may not be consistent with theIslamic bank licensee's ability to sell or hedge out less liquid positions, where appropriate,Islamic bank licensees must take an adjustment to the current valuation of these positions, and review their continued appropriateness on an on-going basis. Reduced liquidity may have arisen from market events. Additionally, close-out prices for concentrated positions and/or stale positions must be considered in establishing the adjustments.Islamic bank licensees must consider all relevant factors when determining the appropriateness of the adjustments for less liquid positions. These factors may include, but are not limited to, the amount of time it would take to hedge out the position/risks within the position, the average volatility of bid/offer spreads, the availability of independent market quotes (number and identity of market makers), the average and volatility of trading volumes (including trading volumes during periods of market stress), market concentrations, the aging of positions, the extent to which valuation relies on marking-to-model, and the impact of other model risks not included in Paragraph CA-5.1.18.A.January 2015CA-5.2 CA-5.2 Price Risk
CA-5.2.1
The capital charge for price risk is 15% of the amount of the position (carrying value).
January 2015CA-5.2.2
For commodities exposure in Salam, the capital charge is computed at 15% of the net position in each commodity, plus an additional charge equivalent to 3% of the gross positions, long plus short, to cover basis risk and forward gap risk. The 3% capital charge is also intended to cater for potential losses in Parallel Salam when the seller in the original Salam contract fails to deliver and the
Islamic bank licensee has to purchase an appropriate commodity in the spot market to honour its obligation. Net positions in commodities are calculated as explained in Section CA-5.6. In case of Istisna'a (see Paragraph CA-3.4.24) 15% capital charge on net long or short position plus 3% capital charge on gross positions must apply.January 2015CA-5.3 CA-5.3 Equity Position Risk
Introduction
CA-5.3.1
The minimum capital requirement for equities is expressed in terms of two separately calculated charges, one relating to the "specific risk" of holding a long position in an individual equity, and the other to the "general
market risk " of holding a long position in the market as a whole. Where the bank has invested in shares/units of equity funds on Mudaraba financing and the bank has direct exposures in the equities which are traded in a recognised stock exchange, the shares/units are considered to be subject to equity risk. The equity position would be considered to be the net asset value as at the reporting date.January 2015Specific Risk Calculation
CA-5.3.2
Specific risk is defined as the
Islamic bank licensee's gross equity positions (i.e. the sum of all equity positions) and is calculated for each country or equity market. For each national market in which theIslamic bank licensee holds equities, it must sum the market values of its individual net positions irrespective of whether they are long or short positions, to produce the overall gross equity position for that market.January 2015CA-5.3.3
The capital charge for specific risk is 8%.
January 2015CA-5.3.4
[This Paragraph was deleted in January 2012]
January 2015General Risk Calculation
CA-5.3.5
The general
market risk is calculated by first determining the difference between the sum of the long positions and the sum of the short positions (i.e. the overall net position) in each national equity market. In other words, to calculate the generalmarket risk , theIslamic bank licensee must sum the market value of its individual net positions for each national market, taking into account whether the positions are long or short.January 2015CA-5.3.6
The general market equity risk measure is 8% of the overall net position in each national market.
January 2015CA-5.4 CA-5.4 Sukuk
CA-5.4.1
The minimum capital requirement for Sukuk positions in the trading book is expressed in terms of two separately calculated charges, one applying to the "specific risk" of each security, and the other to the profit rate risk in the portfolio (termed "general
market risk ").January 2015Specific Risk for Sukuk (or Other Equivalent Shari'a Compliant Financial Instruments)
CA-5.4.2
The capital charge for specific risk covers the possibility of an adverse movement in the price of a Sukūk held for trading due to factors related to an individual issuer. Offsetting is restricted only to matched positions in the identical issues. No offsetting will be permitted between different issues even if the issuer is the same, since differences in features of Sukūk with respect to profit rates, liquidity and call features, etc. would imply that prices may diverge in the short run. In the case of Sukuk in the trading book, the specific risk charge must be provided on the RW of the issue and the term to maturity of the Sukuk, as follows:
Categories External credit assessment Specific risk capital charge Government (including GCC governments) AAA to AA-A+ to BBB-
BB+ to B-Below B-Unrated0%
0.25% (residual term to final maturity 6 months or less)
1.00% (residual term to final maturity greater than 6 and up to and including 24 months)
8 00%
12.00%
8.00%Investment Grade 0.25% (residual term to final maturity 6 months or less)
1.00% (residual term to final maturity greater than 6 and up to and including 24 months)
1.60% (residual term to final maturity exceeding 24 months)Other BB+ to BB-Below BB-Unrated 8.00%
12.00%
12.00%January 2015General Market Risk for Sukuk — Maturity Method
CA-5.4.3
The general
market risk must be provided on the residual term to maturity or to the next repricing date, using either a simplified form of the Maturity Method on the net positions in each time-band in accordance with the table below or the Duration Method shown in Paragraph CA-5.4.3A:Residual term to maturity RW 1 month or less 0.00% 1–3 months 0.20% 3–6 months 0.40% 6–12 months 0.70% 1–2 years 1.25% 2–3 years 1.75% 3–4 years 2.25% 4–5 years 2.75% 5–7 years 3.25% 7–10 years 3.75% 10–15 years 4.50% 15–20 years 5.25% >20 years 6.00% January 2015General Market Risk for Sukuk — Duration Method
CA-5.4.3A
With the CBB's prior written approval, an
Islamic bank licensee with the necessary capability may use the more accurate "duration" method. This method calculates the price sensitivity of each position of Sukuk held separately. This method must be used consistently by anIslamic bank licensee , unless a change is approved by the CBB. The steps involved in the calculation using this method are outlined in Paragraphs CA-5.4.3B to CA-5.4.3D.January 2015CA-5.4.3B
Calculate the price sensitivity of each Sukuk position (called "weighted positions") in terms of a change in profit rates between 0.6 and 1 percentage points depending on the maturity of the Sukuk and subject to supervisory guidance. Slot the resulting sensitivity measures into a duration-based ladder with 13 time bands as set out in Table 1 below. Subject long positions in each time band to a 5% vertical disallowance on the smaller of offsetting positions (i.e. a matched position) in each time band.
Table 1 Duration Method: Time Bands and Assumed Changes in Yield
Zone Time Band (Expected profit rate >=3%) Time Band (Expected profit rate <3%) Assumed Change in Expected Yield (%) Zone 1 1 month or less 1 month or less 1.00 >11–3 months >1–3 months 1.00 >3–6 months >3–6 months 1.00 >6–12 months >6–12 months 1.00 Zone 2 >1–2 years >1.0–1.9 years 0.90 >2–3 years >1.9–2.8 years 0.80 >3–4 years >2.8–3.6 years 0.75 Zone 3 >4–5 years >3.6–4.3 years 0.75 >5–7 years >4.3–5.7 years 0.70 >7–10 years >5.7–7.3 years 0.65 >10–15 years >7.3–9.3 years 0.60 >15–20 years >9.3–10.6 years 0.60 >20 years >10.6–12 years 0.60 >12–20 years 0.60 >20 years 0.60 January 2015CA-5.4.3C
From the results of the above calculations, two sets of weighted positions — the net long position in each time band — are produced. The maturity ladder is then divided into three zones, as follows: zone 1, 0–1 year; zone 2, >1–4 years; and zone 3, >4 years.
Islamic bank licensees are required to conduct two further rounds of offsetting: (i) between the net time band positions in each of the three zones; and (ii) between the net positions across the three different zones (i.e. between adjacent zones and non-adjacent zones). The residual net positions are then carried forward and offset against opposite positions in other zones when calculating net positions between zones 2 and 3, and 1 and 3. The offsetting is subject to a scale of disallowances (horizontal disallowances) expressed as a fraction of matched position, subject to a second set of disallowance factors (Table 2).Table 2 Duration Method: Horizontal Disallowances
Zone Time Band Within the Zone Between Adjacent Zones Between Zones 1 and 3 Zone 1 <=1 month 40% 40% 100% >1–3 months >3–6 months >6–12 months Zone 2 >1–2 years 30% >2–3 years 40% >3–4 years Zone 3 >4–5 years 30% >5–7 years >7–10 years >10–15 years >15–20 years >20 years January 2015CA-5.4.3D
The general
market risk capital charge is the aggregation of three charges: net position, vertical disallowances and horizontal disallowances (Table 3 below).Table 3 General Risk Capital Charge Calculation
The sum of: Net position Net long weighted position x100% Vertical disallowances Matched weighted positions (i.e. the smaller of the absolute value of the short and long positions with each time band) in all maturity bands x 10% Horizontal disallowances Matched weighted positions within Zone 1 x 40% Matched weighted positions within Zone 2 x 30% Matched weighted positions within Zone 3 x 30% Matched weighted positions between Zones 1 & 2 x 40% Matched weighted positions between Zones 2 & 3 x 40% Matched weighted positions between Zones 1 & 3 x100% January 2015CA-5.5 CA-5.5 Foreign Exchange Risk
Introduction
CA-5.5.1
This Section describes the standardised method for calculation of the
Islamic bank licensee's foreign exchange risk, and the capital required against that risk. An Islamicbank licensee which holds net open positions (whether long or short) in foreign currencies is exposed to the risk that exchange rates may move against it.January 2015CA-5.5.2
The measurement of the foreign exchange risk involves, as a first step, the calculation of the net open position in each individual currency including gold and silver using the closing mid-market spot rate and as a second step, the measurement of the risks inherent in the bank's mix of assets and liabilities positions in different currencies.
January 2015CA-5.5.3
An
Islamic bank licensee that holds net open positions (whether assets or liabilities) in foreign currencies is exposed to the risk that exchange rates may move against it. The open positions may be either trading positions or, simply, exposures caused by theIslamic bank licensee's overall assets and liabilities.January 2015CA-5.5.4
The open positions and the capital requirements are calculated at the closing mid-market spot rate with reference to the entire business (i.e. the banking and trading books).
January 2015CA-5.5.5
The open positions are calculated with reference to the
Islamic bank licensee's base currency, which will be either Bahraini Dinars (BD) or United States dollars (USD).January 2015CA-5.5.6
In addition to foreign exchange risk, positions in foreign currencies may be subject to counterparty credit risk which must be treated separately as shown in Appendix CA-2. For the purposes of calculating "Foreign Exchange Risk" only, positions in those GCC currencies which are pegged to US$, is treated as positions in US$.
January 2015De Minimis Exemptions
CA-5.5.7
An
Islamic bank licensee doing negligible business in foreign currencies and which does not take foreign exchange positions for its own account may, at the discretion of the CBB and as evidenced by the CBB's prior written approval, be exempted from calculating the capital requirements on these positions. The CBB is likely to be guided by the following criteria in deciding to grant exemption to anyIslamic bank licensee :(a) TheIslamic bank licensee's holdings or taking of positions in foreign currencies, including gold and/or silver, defined as the greater of the sum of the gross asset positions and the sum of the gross liability position in all foreign positions and gold and/or silver, does not exceed 100% of its Total Capital as defined in CA-1.1.2 and subject to any limits described in section CA-2.2; and(b) TheIslamic bank licensee's overall net open position, as defined in Paragraph CA-5.5.15 does not exceed 2% of its Total Capital described in Subparagraph CA-5.5.7(a).January 2015CA-5.5.8
The criteria listed above are only intended to be guidelines, and a bank will not automatically qualify for exemptions upon meeting them.
Islamic bank licensees doing negligible foreign currency business, which do not take foreign exchange positions for theIslamic bank licensee's own account, and wish to seek exemption from foreign exchange risk capital requirements, should submit an application to the CBB, in writing. The CBB will have the discretion to grant such exemptions. The CBB may also, at its discretion, fix a minimum capital requirement for anIslamic bank licensee that is exempted from calculating its foreign exchange risk capital requirement, to cover the risks inherent in its foreign currency business.January 2015CA-5.5.9
The CBB may, at a future date, revoke an exemption granted to an
Islamic bank licensee , if the CBB is convinced that the conditions on which the exemption was granted no longer exist.January 2015Calculation of the Net Open Position in a Single Currency
CA-5.5.10
An
Islamic bank licensee's exposure to foreign exchange risk in any currency is its net open position in that currency, which is calculated by summing the following items:(a) The net spot position in the concerned currency (i.e. all assets items less all liability items, including accrued profit, other income and expenses, denominated in the currency in question; assets are included gross of provisions for bad and doubtful debts, except in cases where the provisions are maintained in the same currency as the underlying assets);(b) The net position of a binding unilateral promise by theIslamic bank licensee to buy and/or sell the concerned currency on a specified future date (that are not included in the spot open position);(c) Guarantees and similar off-balance sheet contingent items that are certain to be called and are likely to be irrecoverable where the provisions, if any, are not maintained in the same currency;(d) Profits (i.e. the net value of income and expense accounts) held in the currency in question; and(e) Specific provisions held in the currency in question where the underlying asset is in a different currency, net of assets held in the currency in question where a specific provision is held in a different currency.January 2015CA-5.5.11
For calculating the net open position in gold or silver, the
Islamic bank licensee must first express the net position (spot plus forward) in terms of the standard unit of measurement (i.e. ounces or grams) and then convert it at the current spot rate into the reporting or base currency.January 2015CA-5.5.12
Where gold or silver are part of a forward contract (i.e. quantity of gold or silver to be received or to be delivered), any foreign currency exposure from the other leg of the contract must be reported.
January 2015Structural Positions
CA-5.5.13
Positions of a structural nature (i.e. non-trading), may be excluded from the calculation of the net open currency positions. These may include:
(a) Positions taken deliberately in order to hedge, partially or totally, against the adverse effects of exchange rate movements on theIslamic bank licensee's CAR;(b) Positions related to items that are deducted from theIslamic bank licensee 's regulatory capital when calculating its Total Capital in accordance with the rules and guidelines in this Module, such as investments in non-consolidatedsubsidiaries or long-term participations denominated in foreign currencies which are reported at historical cost; and(c) Retained profits held for payout to parent, where the profits are held in the currency concerned.January 2015CA-5.5.14
The CBB will consider approving the exclusion of the above positions for the purpose of calculating the capital requirement, only if each of the following conditions is met:
(a) The concernedIslamic bank licensee provides adequate documentary evidence to the CBB which establishes the fact that the positions proposed to be excluded are, indeed, of a structural nature (i.e. non-dealing) and are merely intended to protect theIslamic bank licensee's CAR. For this purpose, the CBB may ask written representations from theIslamic bank licensee's management or directors; and(b) Any exclusion of a position is consistently applied, with the treatment of the structural positions remaining the same for the life of the associated assets or other items.January 2015Calculation of the Overall Net Open Position
CA-5.5.15
The net position in each currency is converted at the spot rate, into the reporting currency. The overall net open position must be measured by aggregating the following:
(a) The sum of the net liabilities positions or the sum of the net asset positions whichever is greater; and(b) The net position (liabilities and assets) in gold and/or silver, regardless of sign.January 2015CA-5.5.16
Where the
parent bank is assessing its foreign exchange on a consolidated basis, it may be technically impractical in the case of some marginal operations to include the currency positions of a foreign branch orsubsidiary of the concerned bank. In such cases, the internal limit for that branch/subsidiary , in each currency, may be used as a proxy for the positions. The branch/subsidiary limits should be added, without regard to sign, to the net open position in each currency involved. When this simplified approach to the treatment of currencies with marginal operations is adopted, theIslamic bank licensee should adequately monitor the actual positions of the branch/subsidiary against the limits, and revise the limits, if necessary, based on the results of the ex-post monitoring.January 2015Calculation of the Capital Charge
CA-5.5.17
The capital charge is 8% of the overall net open foreign currency position as calculated in Paragraph CA-5.5.15.
January 2015CA-5.5.18
The table below illustrates the calculation of the overall net open foreign currency position and the capital charge:
Example of the calculation of the foreign exchange overall net open position and the capital charge
GBP EUR SAR US$ JPY GOLD and silver +200 +100 +70 -190 -40 -50 +370 -230 50 The capital charge is 8% of the higher of either the sum of the net long currency positions or the sum of the net short positions (i.e. 370) and of the net position in gold and/or silver (i.e. 50) = 420 @ 8% = 33.6
January 2015CA-5.6 CA-5.6 Commodities and Inventory Risks
Introduction
CA-5.6.1
This Section sets out the minimum capital requirements to cover the risk of holding or taking positions in commodities, including precious metals, but excluding gold and silver (which is treated as a foreign currency according to the methodology explained in section CA-5.5) as well as the inventory risk which results from a bank holding assets with a view to reselling or leasing them. A commodity is defined as a physical product which is and can be traded on a secondary market — for example, agricultural products, minerals (including oil) and precious metals. Inventory risk is defined as arising from holding items in inventory either for resale under a Murabahah contract, or with a view to leasing under an Ijara contract. In the case of inventory risk, the simplified approach described in Paragraph CA-5.6.13 is applied.
January 2015CA-5.6.2
The commodities position risk and the capital charges are calculated with reference to the entire business of a bank (i.e. the banking and trading books combined). Furthermore, the funding of
commodities positions may well open anIslamic bank licensee to foreign exchange risk which should be captured within the measurement framework set out in Section CA-5.5.January 2015CA-5.6.3
The price risk in commodities is often more complex and volatile than that associated with currencies. Banks need to guard against the risk that arises when a liability (i.e. in a Parallel Salam transaction) position falls due before the asset position (i.e. a failure associated with or delay in the Salam contract). Owing to a shortage of liquidity in some markets, it might be difficult to close the Parallel Salam position and the bank might be "squeezed by the market". All these commodity market characteristics can result in price transparency and the effective management of risk.
January 2015CA-5.6.4
All contracts (Salam, Musharakah, Mudarabah or Commodity Murabahah) involving commodities as defined in Sections CA-3.3, CA-3.6, CA-3.7 and CA-3.11 are subject to commodities risk and a capital charge as per the relevant provisions must be computed.
January 2015CA-5.6.5
Commodities risk can be measured using either the maturity ladder approach or the simplified approach for the purpose of calculating the capital charge for commodities risk.
Islamic bank licensees must notify the CBB of which approach they propose to follow. This is for reporting purposes on the form PIR. AnIslamic bank licensee which proposes to use the maturity ladder approach will not be allowed to revert to the simplified approach without the prior approval of the CBB.January 2015Calculation of Commodities Positions
CA-5.6.6
Under both approaches,
Islamic bank licensees must first express each commodity position (e.g. Salam and Parallel Salam) in terms of the standard unit of measurement (i.e. barrels, kilograms, grams, etc.). Assets and liabilities positions in a commodity are reported on a net basis for the purpose of calculating the net open position in that commodity. For markets which have daily delivery dates, any contracts maturing within ten days of one another may be offset. The net position in each commodity is then converted, at spot rates, into theIslamic bank licensee's reporting currency.January 2015CA-5.6.7
Positions in different commodities36 cannot be offset for the purpose of calculating the open-positions as described in Paragraph CA-5.6.6 except in the following instances:
(a) The sub-categories of commodities are deliverable against each other;(b) The commodities represent close substitutes for each other; and(c) A minimum correlation of 0.9 between the price movements of the commodities can be clearly established over a minimum period of one year to the satisfaction of the CBB. Netting of positions for different commodities is subject to the CBB's approval. Under the maturity ladder approach, the net positions are entered into seven time bands as set out in Paragraph CA-5.6.10.
36 Commodities can be grouped into clans, families, sub-groups and individual commodities; for example, a clan might be Energy Commodities, within which Hydro-carbons is a family, with Crude Oil being a subgroup, and West Texas Intermediate, Arabian Light and Brent being individual commodities.
January 2015CA-5.6.8
Islamic bank licensees , which wish to net positions based on correlation (in the manner discussed in Subparagraph CA-5.6.7(c)), must satisfy the CBB of the accuracy of the method which they propose to adopt.January 2015Maturity Ladder Approach
CA-5.6.9
A worked example of the maturity ladder approach is set out in Appendix CA-13 and the table in Paragraph CA-5.6.10 illustrates the maturity time-bands of the maturity ladder for each commodity.
January 2015CA-5.6.10
The steps in the calculation of the commodities risk by the maturity ladder approach are:
(a) The net positions in individual commodities, expressed in terms of the standard unit of measurement, are first slotted into the maturity ladder. Physical stocks are allocated to the first-time band. A separate maturity ladder is used for each commodity; and(b) The sum of short and long positions in the same time-band that are matched is multiplied first by the spot price of the commodity, and then by the spread rate of 1.5% for each time-band as set out in the table below. This represents the capital charge in order to capture all risks within a time-band (which, together, are sometimes referred to as curvature risk).
Time band37 0–1 months 1–3 months 3–6 months 6–12 months 1–2 years 2–3 years over 3 years
37 Instruments, where the maturity is on the boundary of two maturity time-bands, should be placed into the earlier maturity band. For example, instruments with a maturity of exactly one-year are placed into the 6 to 12 months time-band.
January 2015CA-5.6.11
After the two steps in Paragraph CA-5.6.10 are completed, the residual (or unmatched) net positions from nearer time-bands are then carried forward to offset opposite positions (i.e. asset against liability and vice versa) in time bands that are further out. However, a surcharge of 0.6% of the net position carried forward is added in respect of each time-band that the net position is carried forward, to recognise that such management of positions between different time-bands is imprecise. This surcharge is in addition to the capital charge calculated in Paragraph CA-5.6.10 for each matched amount created by carrying net positions forward.
January 2015CA-5.6.12
Any net position at the end of the carrying forward and offsetting processes described in Paragraphs CA-5.6.10 and CA-5.6.11 attract a capital charge of 15%.
January 2015CA-5.6.12A
Although there are differences in volatility between different commodities, only one uniform capital charge for open positions in all commodities applies in the interest of simplicity.
January 2015Simplified Approach
CA-5.6.13
Under the simplified approach as applied to commodities, the net position, long or short, in each commodity requires a capital charge of 15% to cater for directional risk plus an additional capital charge of 3% of the gross positions — that is, long plus short positions — to cater for basis risk. The capital charge of 15% applies to assets held by
Islamic bank licensees in inventory with a view to resale or lease.January 2015Other Capital Charges
CA-5.6.14
For Istisna work-in-process (WIP), WIP inventory belonging to the
Islamic bank licensee must attract a capital charge of 8% (equivalent to a 100% RW). In the case of the balance of unbilled WIP inventory under Istisna` without parallel Istisna`, in addition to the RW forcredit risk a capital charge of 1.6% is applied (equivalent to a 20% RW) to cater formarket risk exposure.January 2015CA-5.6.15
The funding of a commodities position that exposes the
Islamic bank licensee to foreign exchange exposure is also subject to a capital charge as measured under foreign exchange risk (refer to Section CA-5.5).January 2015CA-6 CA-6 Operational Risk
CA-6.1 CA-6.1 Definition of Operational Risk
CA-6.1.1
Operational risk is defined as the risk of loss resulting from inadequate or failed internal processes, people and systems or from external events which includes but is not limited to, legal risk and Sharia compliance risk. This definition excludes strategic and reputational risk.January 2015CA-6.1.2
Sharia compliance risk is an
operational risk facing Islamic banks which can lead to non-recognition of income and resultant losses.January 2015CA-6.1.3
Operational risk inIslamic bank licensees can be broadly divided into three categories:(a) General risks: Such risks are consequential upon various kinds of banking operations conducted byIslamic bank licensees that are common to all financial intermediaries.38 Nevertheless, the asset-based nature of financing products in banks such as Murabahah, Salam, Istisna' and Ijara may give rise to additional forms ofoperational risk in contract drafting and execution that are specific to such products;(b) Shari'a non-compliance risk: This is the risk of non-compliance resulting from the failure of anIslamic bank licensee's Shari'a governance mechanism (systems and personnel) to ensure its compliance with Shari'a rules and principles as determined by its Shari'a board or other relevant body in the related jurisdiction. This risk can lead to non-recognition of anIslamic bank licensee 's income and resultant losses. The risk can take two broad forms in banks: (i) risks relating to potential non-compliance with Shari'a rules and principles in theIslamic bank licensees ' operations, including the risk of non-permissible income being recognised, when there is a failure in Shari'a compliance; and (ii) the risk associated with theIslamic bank licensee's fiduciary responsibilities as Mudarib towards fund providers under the Mudarabah form of contract, according to which, in the case of misconduct or negligence by the Mudarib, the funds provided by the fund providers become a liability of the Mudarib. Sukuk structures may also be exposed to Shari'a non-compliance risk which may adversely affect the marketability, and hence the value, of the Sukuk; and(c) Legal risks: Legal risk includes, but is not limited to, exposures to fines, penalties or punitive damages resulting from supervisory actions as well as private settlements. Such risk can arise from either: (i) theIslamic bank licensee's operations — that is, from legal risks common to all financial intermediaries; or (ii) problems of legal uncertainty in interpreting and enforcing contracts based on Shari'a rules and principles. Legal risks also include the risk that a Sukuk structure in which anIslamic bank licensee is originator, sponsor, manager or investor fails to perform as intended because of some legal deficiency. The current section is concerned, not with exposures to legal risk as a Sukuk investor, but with potential losses due to exposures to legal risk as originator, sponsor or manager.
38 Though operational risk related to the banking operations of banks can be considered similar to that of conventional banks in many respects, the characteristics of such risk may be different in banks in certain cases — for example: (i) Shari'a-compliant products may involve processing steps distinct from those of their conventional counterparts; (ii) banks typically hold different types of assets on their balance sheets compared to conventional banks — for example, physical assets or real estate; and (iii) banks may encounter varied risk related to information technology products and systems due to the requirements of Shari'a compliance.
January 2015CA-6.2 CA-6.2 The Measurement Methodologies
CA-6.2.1
The framework outlined below presents two methods for calculating
operational risk capital charges in a continuum of increasing sophistication and risk sensitivity:(a) The Basic Indicator Approach; and(b) The Standardised Approach.January 2015CA-6.2.2
An
Islamic bank licensee will not be allowed to choose to revert to basic indicator approach once it has been approved for standardised approach without CBB's approval. However, if the CBB determines that anIslamic bank licensee using the standardised approach no longer meets the qualifying criteria for the standardised approach, it may require theIslamic bank licensee to revert to the basic indicator approach for some or all of its operations, until it meets the conditions specified by the CBB for returning to the standardised approach.January 2015Basic Indicator Approach
CA-6.2.3
Islamic bank licensees using the Basic Indicator Approach must hold capital foroperational risk equal to the average over the previous three years of a fixed percentage (denoted alpha) of positive annual gross income. Figures for any year in which annual gross income is negative or zero must be excluded from both the numerator and denominator when calculating the average. See Paragraph CA-6.2.6 for approaches to be used where negative gross income distorts anIslamic bank licensee's Pillar 1 capital charge. The charge may be expressed as follows:
KBIA = [∑(GI1..nα)]/n
where:
KBIA = the capital charge under the Basic Indicator Approach
GI = annual gross income, where positive, over the previous three years (audited financial years)
n = number of the previous three years for which gross income is positive
α = 15%, relating the industry wide level of required capital to the industry wide level of the indicator.January 2015CA-6.2.4
The extent of losses arising from non-compliance with Sharia rules and principles cannot be ascertained owing to the lack of data. Therefore,
Islamic bank licensees are not required to set aside any additional amount over and above the 15% of average annual gross income over the preceding three years foroperational risk .January 2015CA-6.2.5
Gross income is defined as:
(a) Net income from financing activities which is gross of any provisions (e.g. for unpaid profit or non-performing facilities), operating expenses (including outsourcing service providers), depreciation of Ijarah assets and excludes realised profits/losses from the sale of securities (e.g. sukuk) in the banking book;(b) Net income from investment activities. This includes theIslamic bank licensee's share of profit from musharakah and mudarabah financing activities; and(c) Fee income (e.g. commission and agency fee)Less:
(d) Share of above income attributable to investment account holders and other account holders; and(e) Extraordinary or exceptional income and income from Takaful activities.Amended: July 2015
January 2015CA-6.2.6
In case of an
Islamic bank licensee with negative gross income for the previous three years, a newly licensed bank with less than 3 years of operations, or a merger, acquisition or material restructuring, the CBB shall discuss with the concernedIslamic bank licensee an alternative method for calculating theoperational risk capital charge. For example, a newly licensed bank may be required to use the projected gross income in its 3-year business plan. Another approach that the CBB may consider is to require such licensed banks to observe a higher CAR.January 2015CA-6.2.7
Banks applying both approaches are required to refer to the principles set in Section OM-8.2 of Operational Risk Management Module.
January 2015The Standardised Approach
CA-6.2.8
In the Standardised Approach, banks' activities are divided into eight business lines: corporate finance, trading & sales, retail banking, commercial banking, payment & settlement, agency services, asset management, and retail brokerage. The business lines are defined in detail in Appendix CA-14. The
Islamic bank licensee must meet the requirements detailed in Section OM-8.3 to qualify for the use of standardised approach.January 2015CA-6.2.9
Within each business line, gross income is a broad indicator that serves as a proxy for the scale of business operations and thus the likely scale of
operational risk exposure within each of these business lines. The capital charge for each business line is calculated by multiplying gross income by a factor (denoted beta) assigned to that business line. Beta serves as a proxy for the industry-wide relationship between theoperational risk loss experience for a given business line and the aggregate level of gross income for that business line. It should be noted that in the Standardised Approach, gross income is measured for each business line, not the whole bank, i.e. in corporate finance, the indicator is the gross income generated in the corporate finance business line.January 2015CA-6.2.10
The total capital charge is calculated as the three-year average of the simple summation of the regulatory capital charges across each of the business lines in each year. In any given year, negative capital charges (resulting from negative gross income) in any business line cannot offset positive capital charges in other business lines. Where the aggregate capital charge across all business lines within a given year is negative, then the input to the numerator for that year will be zero. If negative gross income distorts an
Islamic bank licensee's Pillar 1 capital charge, the CBB will follow the approaches outlined in Paragraph CA-6.2.5. The total capital charge may be expressed as:
KTSA = {∑ years 1-3 max[(GI1-8 Xβ1-8, 0]}/3
where:
KTSA = the capital charge under the Standardised Approach
GI 1-8 = annual gross income in a given year, as defined above in the Basic Indicator Approach, for each of the eight business lines
β1-8 = a fixed percentage, relating the level of required capital to the level of the gross income for each of the eight business lines.
The values of the betas are detailed below.Business Lines Beta Factors (%) Corporate Finance (β1) 18 Trading and Sales (β2) 18 Retail Banking (β3) 12 Commercial Banking (β4) 15 Payment and Settlement (β5) 18 Agency Services (β6) 15 Asset Management (β7) 12 Retail Brokerage (β8) 12 January 2015CA-7 Profit Sharing Investment Accounts
[This chapter was deleted in January 2015.]
January 2015CA-8 CA-8 Sukuk and Securitisation
CA-8.1 CA-8.1 Introduction
CA-8.1.1
This Section deals with minimum capital adequacy requirements in relation to (i)
Islamic bank licensees holdings of Sukuk; and (ii) the exposures of anIslamic bank licensee where it is, or acts in a capacity such that it is considered to be, (a) the originator of a Sukuk issue, (b) an issuer of Sukuk, (c) a servicer of a Sukuk issuance, or (d) a provider of credit enhancement to a Sukuk issuance.January 2015CA-8.1.2
Sukuk (plural of Sakk) are certificates, with each Sakk representing a proportional undivided ownership right in tangible and intangible assets, monetary assets, usufructs, services, debts or a pool of these assets, or a business venture (such as a Mudarabah or Musharakah). These assets, which must be clearly identifiable, may be in a specific project or investment activity in accordance with Shari'a rules and principles. The ownership right on Sukuk assets may be either a right of legal ownership (commonly referred to in the market as "asset-backed Sukuk") or a right of beneficial ownership through a trust which holds the assets for the benefit of the Sukuk holders (commonly referred to in the market as "asset-based Sukuk").
January 2015CA-8.2 CA-8.2 Features of Securitisation in Sukuk
Parties in a Securitisation Structure
CA-8.2.1
From a capital adequacy perspective, the parties in a
securitisation structure include the originator, the issuer and the investors, in addition to which the following may be involved: an institution that acts as manager of the issuance, a servicer to service the underlying assets,39 one or more credit rating agencies to rate the Sukuk, an investment banker to act as an adviser or to place the securities with investors, and (in some Sukuksecuritisations ) an institution that acts as a provider of credit enhancement.40
39 Depending on the structure of the Sukuk securitisation, a servicer may perform different functions for management of the underlying assets in the Sukuk — for example, to collect payment, handle related taxes, manage escrow accounts and/or remit payments.
40 See Paragraphs CA-8.2.22 to 27 for details.
January 2015CA-8.2.2
An
Islamic bank licensee may act as originator of Sukuk issues where the ownership of assets held by theIslamic bank licensee is transferred to holders of Sukuk by means of asecuritisation . Such asecuritisation may offer theIslamic bank licensee one or more of the following benefits:(a) Increased liquidity, since a relatively illiquid asset (such as an asset held as lessor in an Ijara or Ijara Muntahia Bittamlīk) is converted into cash paid by the investors in the Sukuk subscription; and/ or(b) Reduced capital requirements, insofar as thesecuritisation may permit the issuingIslamic bank licensee to exclude the assets from the calculation of its RWAs.January 2015CA-8.2.3
The achievement of the second of these benefits will depend on the way in which the
securitisation is structured. For this, theIslamic bank licensee must be able to derecognise all or most of the exposures relating to the assets from its balance sheet, according to the criteria for de-recognition set out in Paragraphs CA-8.2.20 to 22.January 2015CA-8.2.4
An
Islamic bank licensee may act as sponsor of a Sukuk issuance or similar programme involving assets of acustomer in which theIslamic bank licensee manages or acts as adviser to the programme, places the Sukuk into the market, or provides liquidity and/or credit enhancements. In this case, the benefit to theIslamic bank licensee would be the earning of fees for the services provided, but theIslamic bank licensee will incur capital charges if it offers credit enhancement (as outlined in Section CA-8.4).January 2015Collateral Security Structure
CA-8.2.5
Consideration of the collateral security structure41 is a critical factor; it needs to be the subject of legal opinions and is subject to Shari'a permissibility (in the case of perfectibility42). Those security interests must be the first priority (there can be no prior or subsequent claims) and be perfected (or perfectible).
41 Collateral security structure is mainly used in Sukuk based on Shari'a-compliant project financing.
42 In legal terminology, perfection relates to the additional steps required to be taken in relation to a security interest in order to make it effective against third parties and/or to retain its effectiveness in the event of default by the grantor of the security interest.
January 2015CA-8.2.6
The legal opinions must address the nature of the security interest, the enforceability of the security interest against third parties, and perfection requirements (such as notices and registration). The effects of bankruptcy (see also Paragraph CA-8.3.22) on perfection must also be considered and opined upon. Major issues related to Sukuk based on collateral security interest and related perfection include the following:
(a) Rahn (mortgage or other pledge of assets) concepts in certain jurisdictions are possessory in nature. This makes perfection a particularly difficult opinion issue in these jurisdictions;(b) In many jurisdictions, and without regard to rahn concepts, perfection and priority regimes are not well developed; and(c) Bankruptcy laws and regimes may also not be well developed in some jurisdictions.January 2015Characteristics of True Sale and Repurchase of Assets
CA-8.2.8
Sukuk are issued based on
securitisation of assets where the originator "transfers" the assets via an SPV to Sukuk investors and the latter have a legally recognised asset ownership interest. For such transfer of assets to hold legally, there must be an agreement that is evidence of a binding sale transaction from the originator to the Sukuk investors; that is, such a contract must be valid, binding and legally enforceable on all parties involved. With this sale transaction, the investors will become legal owner of the assets underlying the Sukuk transaction, with all of the rights and obligations that accompany actual ownership. The SPV must be "bankruptcy remote" from the originator. Thus, upon the insolvency of a Sukuk originator, the underlying assets cannot be clawed back into the bankruptcy estate of the originator. In such Sukuk, Sukuk holders have no recourse to the originator; their only recourse is to the underlying assets.January 2015CA-8.2.9
There are four key criteria for a transaction to be considered as a "true sale" that transfers legal title to the SPV for the benefit of the Sukuk investors:
(a) The transfer must be such that it cannot be re-characterised by a court or other body as a secured loan, or otherwise be avoided in a bankruptcy or insolvency proceeding involving the originator of the assets (such as pursuant to a fraudulent transfer in anticipation of bankruptcy or a preference payment);(b) The bankruptcy or insolvency of the originator must not affect the assets that have been transferred to the issuer/SPV. This, in turn, means that the issuer will be able to enforce collection and other rights against the source of the income (the payer) without hindrances resulting from the bankruptcy or insolvency of the originator;(c) The transfer must then be perfectible at the election of the issuer; and(d) The sale must be free and clear of all prior overriding liens.January 2015CA-8.2.10
According to Shari'a rules, it is not permissible for the Mudarib (investment manager), Sharik (partner) or Wakil (agent) to undertake in advance to repurchase the assets at maturity from Sukuk holders or from one who holds them, for their nominal or par value. It is, however, permissible for a third party credit enhancement provider to undertake the purchase on the basis of the net value of assets, their market value, fair value or a price to be agreed at the time of purchase. In such cases, the risks of the assets are retained and are subject to the requirements of section CA-8.4. In the event of negligence or misconduct by the Sukuk manager (i.e. Mudarib, Sharik or Wakil), it is required that the Sukuk manager be liable to guarantee the payment of capital to Sukuk holders, at the nominal or par value (again subject to the requirements of CA-8.4). It is also permissible for a lessee (i.e. the originator) in an Ijara Sukuk to undertake to purchase the leased assets at maturity for their nominal value, provided the lessee is not also a Sharik, Mudarib or Wakil. If the lessee is an
Islamic bank licensee , such an undertaking would be treated as a 'clean-up call' (see CA-8.2.21) if it satisfies certain conditions or it is subject to section CA-8.4 if it is of a more general nature.January 2015CA-8.2.11
The SPV must be formed as a company or trust or other legal entity having no other business. In a Sukuk
securitisation , the SPV must be organised, for example, as a Musharakah, Mudarabah or Wakalah, where the requirement of SPV having no other business applies. In the case of a Musharakah, there is a partnership contract with financial participation by the Sukuk investors. In the case of a Mudarabah structure, only the Sukuk investors participate with money as Rabb al-Mal, while the other party (i.e. the SPV) acts as the manager (as Mudarib) of the securitised assets. In the case of Wakalah, the SPV as an agent (Wakil) acts as the manager of assets on behalf of the Sukuk investors.January 2015CA-8.2.12
Islamic bank licensees must not use a general-purpose or operating company (as opposed to an SPV) for holding the securitised assets, as such a company might have other assets and other liabilities, each of which would be likely to interfere with the exclusivity of the Sukuk investors' rights over the securitised assets. By its very nature, it is a legal shell with only the specific assets transferred by the originator, and those assets are effectively owned by the Sukuk investors, legally or via a trust, there being nothing else in the vehicle in which any other party could have an interest. Such an SPV cannot be consolidated with the originator for tax, accounting or legal purposes, as that would affect its bankruptcy-remote position.January 2015Credit Enhancement
CA-8.2.13
Sukuk can be "credit enhanced" to raise their credit quality above that of the underlying asset pool. Credit enhancement is therefore intended to reduce the
credit risk to the Sukuk investors and reduce the funding cost of the originator. It also results in the Sukuk having an enhanced credit rating by ECAIs recognised by the CBB in section 4.6 of this Module. Subject to Shari'a permissibility, the mechanisms used in credit enhancement may include, inter alia, those discussed in Paragraphs CA-8.2.14 to CA-8.2.17.January 2015Over-Collateralisation
CA-8.2.14
Subject to Shari'a approval of the structure, an originator may retain a small equity share in a pool of securitised assets in order to provide over-collateralisation. For example, the originator of a
securitisation of a pool of Ijara lease assets might securitise 90% of the pool and retain 10% as an equity position (first loss position) — that is, a residual claim. The Sukuk holders would be entitled to income based on 90%, and the originator, based on the remaining 10%, of the rental income from the pool. The treatment of retained holdings is outlined in Section CA-8.3.January 2015Excess Spread
CA-8.2.16
Excess spread is the difference between (a) the expected periodic net income from the securitised assets (i.e. the income after expenses such as servicing fees and operating fees have been paid) and (b) the periodic amounts payable to the Sukuk investors. Subject to Shari'a approval, excess spread may be built into a Sukuk structure such that the issuer/SPV retains a certain percentage of the periodic net income if this is in excess of the target level of the periodic payments to the Sukuk holders, and holds this amount in an excess spread reserve. If the net income falls below the level required to meet the target level of the payments to the Sukuk holders, the issuer/SPV may release an amount from the excess spread reserve in order to make good the shortfall in whole or in part.43
43 This mechanism is comparable to the "profit equalisation reserve" commonly used by a bank to "smooth" the profit payouts to investment account holders.
January 2015Cash Collateral
CA-8.2.17
Cash collateral is a segregated trust account, funded at the time when a new series of Sukuk is issued, that can be used to cover shortfalls in payment of coupons, principal or servicing expenses if the excess spread falls below zero. The account can be funded by the issuer, but is most often generated by a Qard from the originator or another third party. Commonly, the pooling and servicing agreements dictate the amount of the cash collateral, which is typically based on a specified percentage of the Sukuk issued. The amount in the cash collateral account is subject to risk-weighting as outlined in this Module, depending upon the use of funds.
January 2015Classification of Credit Enhancement
CA-8.2.18
The credit enhancement in a Sukuk structure can be provided by an "internal" mechanism such as by the issuer of the Sukuk structure or by an "external" arrangement such as a third-party guarantee. These credit enhancement structures are explained in the following:
(a) Issuer-provided credit enhancement structure (the SPE)
This structure comprises credit support where a part of thecredit risk of the asset pool is assumed by the issuer.(b) Third-party guarantee credit enhancement structure
This structure comprises the assumption ofcredit risk by parties other than the issuer. The guarantor does not have the right of recourse to the originator, and the guarantee can be for a fixed period and for a limited amount, without any consideration being received by the guarantor. However, a claim should first be made against the underlying assets, and then against the guarantor, unless an option is provided to make the claim otherwise.January 2015Assets in Securitisations
CA-8.2.19
The assets in a Sukuk
securitisation have to be in compliance with Shari'a rules and principles.January 2015CA-8.2.20
In order to comply with Shari'a rules and principles, the structure must transfer all ownership rights in the assets from the originator via the issuer to the investors. Depending on the applicable legal system, these ownership rights do not necessarily include registered title. The transfer could be a simple collection of ownership attributes that allow the investor (a) to assume the role of the originator and (b) to perform (sometimes via a servicer) duties related to ownership. The transfer could also include rights granting access to the assets, subject to notice, and, in the case of default, the right to take possession of the assets.
January 2015Recognition of Risk Transference (Asset De-recognition Criteria)
CA-8.2.21
An originating
Islamic bank licensee may exclude securitised exposures from the calculation of its assets for capital adequacy purposes only if all of the following conditions have been met.Islamic bank licensees meeting these conditions must still hold regulatory capital against any exposures that they retain in respect of thesecuritisation (such as credit enhancements — see Section CA-8.4).(a) In substance, allcredit risks (and price risk, where applicable) associated with the securitised assets have been transferred to third parties;(b) The transferor (i.e. originator) does not maintain effective or indirectcontrol over the transferred assets. The assets are legally isolated from the transferor in such a way that the exposures are put beyond the reach of the transferor and its creditors, even in bankruptcy or receivership. See Paragraphs CA-8.2.5 to CA-8.2.12 for full details;(c) Holders of the Sukuk (investors) have a claim only to the underlying pool of assets, and have no claim against the transferor;(d) The immediate transferee is an SPV, and the holders of the legal and beneficial interests in that entity have the right to pledge or exchange such interests without restriction; and(e) Clean-up calls44 must be at the discretion of only the issuer (SPV). They must not be structured to provide credit enhancement and must be exercisable only when 10% or less of the purchase consideration for the underlying assets (e.g. in an IMB) remains to be paid. The issuer's rights to make clean-up calls, and the terms on which they are made, must have prior written Shari'a approval.
44 A clean-up call is an option that permits the
securitisation exposures to be called before all of the underlying exposures orsecuritisation exposures have been repaid. It is generally accomplished by repurchasing the remainingsecuritisation exposures once the pool balance or outstanding securities have fallen below some specified level.January 2015CA-8.2.22
The conditions for bankruptcy remoteness include the following:
(a) If there were a bankruptcy of the issuer, the assets of the issuer will be distributed in accordance with the law or a court order, rather than in accordance with the contractual arrangements involving the issuer;(b) Separateness covenants are required to ensure bankruptcy remoteness (as well as non-consolidation); and(c) Another provision to ensure bankruptcy remoteness relates to noncompetition and bankruptcy declarations. The originator, investors, credit enhancers and others agree in the transaction documents not to initiate involuntary bankruptcy proceedings against the issuer. The issuer also provides, in both its constitutive documents and the transaction documents, not to initiate voluntary bankruptcy proceedings. The parties must seek a legal opinion from jurists in the jurisdiction concerned and ensure that these types of agreements and warranties are legally valid and enforceable.January 2015Operational Requirements for Credit Analysis
CA-8.2.23
Islamic bank licensees must carry out the credit analysis of theirsecuritisation exposure based on the following criteria, in order to be allowed to use the risk weights in Section CA-8.3. If anIslamic bank licensee is unable to perform the due diligence and maintain the information specified in this paragraph, it will be required to risk weight thesecuritisation exposure at 1,250%. The criteria are applicable tosecuritisation exposures ofIslamic bank licensees both in the banking and trading book:(a) AnIslamic bank licensee must have a clear understanding of the nature and features of its individualsecuritisation exposures, including the risk characteristics of the pools underlying such exposure on an ongoing basis. This requirement applies to both on-and off-balance sheetsecuritisation exposures;(b) As the payments to Sukuk holders are dependent on the performance of underlying assets, anIslamic bank licensee must be able to assess the performance information on an ongoing basis; and(c) AnIslamic bank licensee must be able to thoroughly understand all the structural features of a Sukuk that can materially impact the performance of its exposures to the transaction. Such exposures may include credit enhancements, liquidity enhancements, triggers, and deal-specific default definitions.January 2015CA-8.2.24
The capital treatment of a securitisation exposure must be determined on the basis of the economic substance rather than the legal form of the securitisation structure.
Islamic bank licensees must consult with the CBB when there is uncertainty about whether a given transaction should be considered a securitisation.January 2015CA-8.3 CA-8.3 Capital Requirements for Holdings of Sukuk
CA-8.3.1
The following sets out the minimum capital requirements to cover the
credit risk andmarket risk arising from the holding of a Sukuk in the "banking book" by anIslamic bank licensee . The CBB will use its discretion to specify measurement approaches as it thinks appropriate for other types of Sukuk which are not listed in this sub-section, provided they are approved by anIslamic bank licensee 's Shari'a board. For unrated Sukuk that use a combination of more than one of the Shari'a-compliant contracts outlined below, the capital requirement will be calculated taking into account the risk implications of the overall structure.January 2015CA-8.3.2
Where Sukuk are externally rated,
Islamic bank licensee s must apply the relevant risk weight given in Paragraph CA-8.4.3 based on the ECAI ratings from recognised agencies listed in Section CA-4.6. Where there are no acceptable ECAI ratings, the RWs will be 1,250% (as shown on table CA-8.4.3) or determined on the basis of the underlying assets as shown in the remainder of this Section for the different types of Sukuk (which may involvemarket risk as well ascredit risk ).January 2015CA-8.3.3
An
Islamic bank licensee must have methodologies that enable it to assess thecredit risk involved in securitisation exposures at individual and portfolio levels. Islamic bank licensees must refer to Paragraph CA-8.2.23 for details of the suggested criteria to be used in credit analysis. AnIslamic bank licensee must assess exposures, regardless of whether they are rated or unrated, and determine whether the RWs applied to such exposures, under the standardised approach, are appropriate for their inherent risk. In those instances where anIslamic bank licensee determines that the inherent risk of such an exposure, particularly if it is unrated, is significantly higher than that implied by the RW to which it is assigned, theIslamic bank licensee must consider the higher degree ofcredit risk in the evaluation of its overall capital adequacy.January 2015CA-8.3.4
For Sukuk classified in the trading book, the
market risk capital requirement as mentioned in Section CA-5.4 onmarket risk is applicable.January 2015Salam Sukuk
CA-8.3.5
The
credit risk in Salam Sukuk is similar to that of the underlying Salam contract, where thecredit risk exists upon the subscription of the Sukuk until the delivery and sale of the subject matter. The RW is based on the counterparty (Salam supplier) unless the Salam capital is guaranteed by a third party, in which case the RW is that of the guarantor if lower than that of the supplier.January 2015CA-8.3.6
The
market risk in Salam Sukuk (in the absence of a parallel Salam contract or other hedge) is likewise the same as that of the underlying contract, namely a long position in the underlying commodity. This risk can be measured according to either the maturity ladder approach or the simplified approach as set out in Section CA-5.6 (commodities and inventory risk).January 2015CA-8.3.7
A Salam Sukuk issuance which is structured with an undertaking from the issuer that the underlying commodity will be sold to a third party at a specified selling price (by means of a parallel Salam contract) must carry the RW of the buyer of that underlying commodity in the parallel Salam contract.
January 2015CA-8.3.8
For the type of Salam Sukuk described in Paragraph CA-8.3.7, there is no capital charge for
market risk that consists of basis and forward gap risks (namely, the risk that the hedge may be impaired because the underlying commodity delivered may be of inferior quality or may be delivered later than the contractual date) as the underlying commodity is normally traded on an exchange that eliminates the risk of late/non-delivery or delivery of a commodity of inferior quality.January 2015Istisna Sukuk
CA-8.3.9
The asset may be constructed on behalf of an ultimate
customer or off-taker with whom theIslamic bank licensee enters into a parallel Istisna contract. In this case, there is acredit risk exposure to the ultimatecustomer for the payment due under the parallel contract. Thiscredit risk occurs upon commencement of the construction work by construction firm, until the whole amount or all the instalments (progress billings) are paid by the ultimatecustomer . The RW for this credit exposure is that of the ultimatecustomer , unless there is a guarantee, in which case the RW is that of the guarantor if lower.January 2015CA-8.3.10
The RW for Istisna Sukuk where there is no parallel Istisna is based on that of the issuer, unless a third party provides a guarantee, in which case the third party's RW (if lower than that of the issuer) will be applicable. In addition, a RW of 20% will be added to cater for the price risk to which the underlying Istisna is exposed.
January 2015CA-8.3.11
In the event the returns to the Sukuk holder are from the cash flow of the underlying assets, which fall under the category of "Exposure to Assets" Istisna, the RW must be based on the "supervisory slotting criteria" approach which carries RW of 70–250%.
January 2015CA-8.3.12
Refer to Section CA-3.4 on Istisna for detailed treatment.
January 2015Ijara and IMB Sukuk
CA-8.3.13
The RW for IMB rentals is based on the lessee's counterparty
credit risk , since the bearer of the residual value risk of the underlying asset is not borne by the Sukuk holders. Refer to Section CA-3.5 on Ijara and IMB for detailed treatment.January 2015Musharakah Sukuk
CA-8.3.14
The capital treatment of Musharakah Sukuk is based on the intent of the underlying investments in Musharakah that can be categorised as follows:
(a) For private commercial enterprise to undertake trading activities in, for example, commodities, the RW must be based on the applicable underlying assets as set out in themarket risk section of Section CA-5.1;(b) For private commercial enterprise to undertake business venture or project (other than Subparagraph CA-8.3.14(a)), the RW is measured according to either the simple RW method or the supervisory slotting criteria approach;(c) Income-producing Musharakah investments through leasing of jointly-owned real estate or movable assets such as cars to third parties by means of Ijara must carry the RW of the counterparty — that is, the lessee; and(d) Income-producing Musharakah investments with Murabahah subcontracts carry the RW of the Murabahah.January 2015CA-8.3.15
Refer to Section CA-3.6 on Musharakah for detailed treatment.
January 2015Mudarabah Sukuk
CA-8.3.16
The treatment of Mudarabah Sukuk is based on the intent of the underlying investments in Mudarabah, as follows:
(a) For private commercial enterprise to undertake trading activities in, for example, commodities, the RW must be based on the applicable underlying assets as set out in themarket risk section in Section CA-5.1(b) For private commercial enterprise to undertake business venture or project (other than Subparagraph CA-8.3.16(a)), the RW in respect of an equity exposure is measured according to either the simple RW method or the supervisory slotting criteria approach.January 2015CA-8.3.17
Refer to Section CA-3.7 on Mudarabah for detailed treatment.
January 2015Wakalah Sukuk
CA-8.3.18
The treatment of Wakalah Sukuk is based on the intent of the underlying investments in Wakalah, which can be categorised as follows:
(a) To undertake trading activities in foreign exchange, shares or commodities, the RW must be based on the applicable underlying assets as set out in themarket risk section in Section CA-5.1;(b) Income-producing Wakalah investments through leasing to third parties by means of Ijara must carry the RW of the counterparty — that is, the lessee;(c) Income-producing Wakalah investments with Murabahah subcontracts carry the RW of the Murabahah; and(d) To invest in a combination of assets comprising shares, leasable assets, receivables from Murabahah or Salam, etc. the RW is measured according to the percentage of assets allocated in the investment portfolio of Wakalah Sukuk based on Subparagraphs CA-8.3.18(a) and CA-8.3.18 (b).January 2015CA-8.3.19
Refer to Section CA-3.10 on Wakalah for detailed treatment.
January 2015Murabahah Sukuk
CA-8.3.20
The applicable RW must be based on the standing of the obligor or issuer as shown in the table in CA-8.4.3. If the Sukuk structure involves funding of an asset purchase in foreign currency, the relevant exposure must be calculated based on measures of foreign exchange risk described in Section CA-5.5 (foreign exchange risk).
January 2015CA-8.3.21
Refer to Section CA-3.2 on Murabahah for detailed treatment.
January 2015Exclusions
CA-8.3.22
For all those Sukuk structures where legal transfer of assets has not taken place due to the reasons outlined in Section CA-8.2, the applicable RW must be the credit RW as shown in table CA-8.4.3, subject to any Shari'a-compliant credit enhancement by the issuer (see Paragraphs CA-8.4.23 and CA-8.4.24). In some cases, a number of originators may form a pool to contribute assets in an asset-based structure (e.g. multiple sovereigns). In such cases, the rating of the Sukuk is that of the pool, subject to any Shari'a-compliant credit enhancement.
January 2015Treatment of Holdings of Sukuk Where Credit Enhancement Is Provided by an Issuer or Originator
Treatment of Credit Enhancement Provided by a Structure
CA-8.3.24
Exposures in a Shari'a-compliant credit enhancement structure (described in section CA-8.2) must be risk-weighted as shown in the following table.
Risk Weights Rating AAA to AA- A+ to A- BBB+ to BBB- BB+ to BB- B+ and below or Unrated Risk weight 20% 50% 100% 350% 1250% January 2015Treatment of Credit Risk Mitigation Received for Holdings of Securitisation Exposures
CA-8.3.25
The treatment in Paragraphs CA-8.3.26 to CA-8.2.30 applies to an
Islamic bank licensee that has obtained acredit risk mitigant to a securitisation exposure.Credit risk mitigants include guarantees, collateral and on-balance sheet netting or any other Shari'a-compliantcredit risk mitigation as recognised in Paragraph CA-4.7.21. Collateral in this context is that used to mitigate thecredit risk of a securitisation exposure, rather than the underlying exposures of the securitisation transaction, subject to fulfilling criteria in Paragraphs CA-8.2.5 and CA-8.2.6.January 2015Collateral
CA-8.3.26
Eligible collateral is limited to that recognised under Section CA-4.7. Collateral pledged by SPVs may be recognised.
January 2015Guarantees
CA-8.3.27
Credit protection provided by the entities listed in Paragraph CA-4.7.21 may be recognised. SPVs cannot be recognised as eligible guarantors. An
Islamic bank licensee must not recognise any support provided by itself.January 2015CA-8.3.28
Where guarantees fulfil the minimum operational conditions as specified in Paragraph CA-4.7.12,
Islamic bank licensees can take account of such credit protection in calculating capital requirements for securitisation exposures.January 2015Maturity Mismatches
CA-8.4 CA-8.4 Capital Requirements Where the Bank is the Originator, Issuer or Credit Enhancement Provider
Retained Securitisation Exposures
CA-8.4.1
An
Islamic bank licensee taking the role of an originator is required to hold regulatory capital against all of its retained securitisation exposures. Repurchased securitisation exposures must be treated as retained securitisation exposures.January 2015CA-8.4.2
The risk-weighted asset amount of a retained securitisation exposure is computed by multiplying the amount of the exposure by the appropriate risk weight in accordance with the table in CA-8.4.3.
January 2015CA-8.4.3
The following
credit risk weights are applied for retained securitisation exposures where theIslamic bank licensee is the originator.Long term rating45 Securitisation Exposure Re-securitisation Exposure AAA to AA- 20% 40% A+ to A- 50% 100% BBB+ to BBB- 100% 225% BB+ to BB- 350% 650% B+ and below or unrated 1,250% 1,250%
Short term rating Securitisation Exposure Re-securitisation Exposure A-1/P-1 20% 40% A-2/P-2 50% 100% A-3/P-3 100% 225% All other ratings or unrated 1,250% 1,250%
45 The rating designations used in the following tables are for illustrative purposes only and do not indicate any preference for, or endorsement of, any particular external assessment system.
January 2015Treatment of Off-Balance Sheet Exposures Where the Bank is the Credit Enhancer
CA-8.4.3A
When the
Islamic bank licensee provides credit protection to a securitisation exposure, it must calculate a capital requirement on the covered exposure as if it were an investor in that securitisation. If theIslamic bank licensee provides protection to a Sukuk issuance, it must treat the credit protection provided based on the risk of the underlying assets of the Sukuk as shown in Paragraph CA-8.4.3. If theIslamic bank licensee provides protection to a Sukuk issuance that has no legal transfer of assets, it must treat the credit protection provided based on the ECAI rating of the originator (as shown in the table in Paragraph CA-8.4.3).January 2015Treatment of Off-Balance Sheet Exposures — Liquidity Facilities and Credit Risk Mitigants Provided to Securitisations
CA-8.4.4
For off-balance sheet exposures arising from the provision of a liquidity facility,
Islamic bank licensees must apply a 100% credit conversion factor (CCF) and then risk-weight the resultant credit-equivalent amount as shown in table CA-8.4.3. For risk-based capital purposes,Islamic bank licensees must determine whether, subject to the criteria in Paragraph CA-8.4.4A, an off-balance sheet securitisation exposure qualifies as an 'eligible liquidity facility' or an 'eligible servicer cash advance facility', in which case a lower CCF may apply (see CA-8.4.4B and CA-8.4.5).January 2015CA-8.4.4A
Islamic bank licensees are permitted to treat off-balance sheet securitisation exposures as 'eligible liquidity facilities' if the following minimum requirements are satisfied:(a) The facility documentation must clearly identify and limit the circumstances under which it may be drawn. Draws under the facility must be limited to the amount that is likely to be repaid fully from the liquidation of the underlying exposures and any seller-provided credit enhancements. In addition, the facility must not cover any losses incurred in the underlying pool of exposures prior to a draw, or be structured such that draw-down is certain (as indicated by regular or continuous draws);(b) The facility must be subject to an asset quality test that precludes it from being drawn to covercredit risk exposures that are past due by more than 90 days. In addition, if the exposures that a liquidity facility is required to fund are externally rated securities, the facility can only be used to fund securities that are externally rated investment grade at the time of funding; and(c) The facility cannot be drawn after all applicable (e.g. transaction-specific and programme-wide) credit enhancements from which the liquidity facility would benefit have been exhausted.January 2015CA-8.4.4B
Where the conditions in Paragraph CA8.4.4A are met, the
Islamic bank licensee may apply a 50% CCF to the eligible facility regardless of the maturity of the facility. However, if an external rating of the facility itself is used for risk-weighting the facility, a 100% CCF must be applied.January 2015CA-8.4.4C
Liquidity facilities in certain types of Sukuk structures are commitments from the facility provider to provide liquid funds if these are needed to meet contractual payments to Sukuk holders and there is a delay between the date of their collection and the date on which the payment to the Sukuk holders is due. The need for such facilities may result from a timing mismatch between cash collections from the underlying Sukuk assets (such as Ijara rentals) and the scheduled payments due under the programme to the Sukuk holders.
January 2015Treatment of Eligible Servicer Cash Advance Facility Provided to Securitisations
CA-8.4.5
An eligible servicer cash advance facility, based on Qard, is an advance granted by the servicer to the SPV to ensure timely payment to the investors46 — for instance, in cases of timing differences between collection and payments. However, it is a Shari'a requirement that such facilities remain essentially separate from the Sukuk undertaking and that this separation be properly documented. In the case of servicer cash advances, a risk weight of 50% is applied to such facilities.
46 It is, however, not permissible for the manager of Sukuk, whether the manager acts as Mudarib (investment manager), or Shank (partner) or Wakil (agent) for investment, to undertake to offer loans to Sukuk holders when actual earnings fall short of expected earnings. It is permissible, however, to establish a reserve account for the purpose of covering such shortfalls to the extent possible, provided the same is mentioned in the prospectus. It is not objectionable to distribute expected earnings, on account, or to obtain project financing on account of the Sukuk holders.
January 2015CA-9 CA-9 Real Estate Activities
CA-9.1 CA-9.1 Current Regulatory Environment of Real Estate Activities
CA-9.1.1
Islamic bank licensees often invest in real estate directly on their balance sheets, or as part of off-balance sheet asset management activities, or indirectly through a wholly or majority-owned subsidiary. Real estate lends itself as a permissible asset class, as Shari'a rules and principles allow such investment. However, there is a general concern that such investments may expose theIslamic bank licensees to the effects of cyclical real estate markets.January 2015CA-9.1.2
Owing to the risks outlined in Paragraph CA-9.1.1, real estate investment activities are suitable for an
Islamic bank licensee only on a very limited scale and under restrictive conditions designed to control the various risks posed to theIslamic bank licensee and its UPSIAs.Islamic bank licensees must demarcate clearly their real estate exposures into financing and investment categories. The CBB requires licensees to report real estate exposures to the CBB.January 2015Indirect Exposure in Real Estate
CA-9.1.3
Islamic bank licensees can engage in indirect real estate activities where real estate business is conducted by separate entities. Such exposure can take a number of forms. For example, anIslamic bank licensee can: (a) be involved in real estate activities through a joint venture or equity participation with a property development company; (b) establish a real estate subsidiary to carry out related commercial activities; or (c) accept real estate as collateral against its financing to thecustomers .January 2015Treatment of Real Estate Investment Exposures through Joint Venture or Equity Participation
CA-9.1.4
As mentioned in Subparagraph CA-3.6.11, an
Islamic bank licensee can enter into a private commercial enterprise to undertake a business venture (which can include real estate). There are two possible methods used to calculate equity exposures in this type of investment. According to the simple risk-weight method, the RW must be applied to the exposures (net of specific provisions) based on the treatment of equity exposures in the banking book. The applicable RW for such exposures must entail a 400% RW for investments in shares that are not publicly traded less any specific provisions for impairment. Alternatively, a 300% RW is applicable for investments in shares that are publicly traded less any specific provisions for impairment. If there is a third-party guarantee to make good impairment losses, the RW of the guarantor may be substituted for that of the assets for the amount of any such guarantee where the risk weight of the guarantor is lower, subject to the conditions for guarantees in Section CA-4.7 being fulfilled. In order to use the alternative slotting method for calculation of RWs, anIslamic bank licensee must seek the CBB's prior written approval and map its RWs into four supervisory categories as set out in Appendix CA-6.Amended: April 2016
Added: January 2015Treatment of Investment Exposures in Real Estate Subsidiaries of Banks
CA-9.1.5
From a capital adequacy perspective, where an
Islamic bank licensee has a subsidiary through which it carries out real estate investment, its investments in the capital of such a subsidiary must be treated in the same way as an investment in a non-banking commercial entity — that is, by application of a 800% RW for the investment if this amount is greater than 15% of its Total Capital. This RW will be applicable on the portion of the investment that exceeds the 15% threshold. The investment in real estate entities below the 15% level will be risk-weighted not lower than in Paragraph CA-9.1.4.January 2015Treatment of Real Estate Taken as Collateral
CA-9.1.6
If an
Islamic bank licensee accepts real estate as collateral, whether residential or commercial, from customers against its financing activities, the eligibility of such real estate as acredit risk mitigant will be subject to the provisions of Section CA-4.7 and subject to the risk-weighting of the concerned contract (see CA-3 for differing contract types). Moreover, anIslamic bank licensee is required to take the following steps when the collateral is in the form of real estate:(a) Any claim on collateral must be properly filed on a timely basis. Collateral interests must reflect a perfected lien; that is, appropriate steps are taken in relation to the real estate so that security interest of theIslamic bank licensee is effective against customer's default and/or third parties;(b) The collateral agreement and the underlying legal process must enable theIslamic bank licensee to have access to and to dispose of the collateral within a reasonable time frame;(c) The realisable value of the collateral (after deducting any haircuts) must be able adequately to cover the amount of financing;(d) The valuation must be performed at a minimum once every year, or more frequently if needed;(e) The real estate must be insured under a Takaful scheme, or another insurance arrangement subject to the Shari'a Supervisory Board's approval, against damage and deterioration;(f) Ongoing claims on property (such as tax) must be regularly monitored; and(g) Any risk of environmental liability arising from the property such as contamination in the soil, or of ground water, etc., must be taken into account.Amended: July 2019
January 2015Risk-Weighting of Real Estate Exposures
CA-9.1.7
The calculation of RWs for real estate financing and investment exposures is summarised below.
January 2015Real Estate Financing
CA-9.1.8
An
Islamic bank licensee can provide real estate financing on the basis of Ijara, IMB, diminishing Musharakah, Murabahah and Istisna. Except for operating Ijara, use of other contracts to provide real estate finance to customers will commonly fall in the category of financing. The RWs for these exposures must be calculated based on the Rules provided in the relevant Sections, as set out below:(a) IMB: Section CA-3.5;(b) Diminishing Musharakah: Sections CA-4.8;(c) Murabahah: Section CA-3.2;(d) Istisna: Section CA-3.4; and(e) For all the above contracts used to provide real estate financing, the RW of a debtor, counterparty or other obligor can be reduced and given preferential treatment if criteria mentioned in Section CA-4.2 are applicable.January 2015Real Estate Investment
CA-9.1.10
Islamic bank licensees are required to hold regulatory capital against all of their real estate investment exposures. The risk-weighted amount of a real estate investment exposure is computed by multiplying the amount of the carrying value by the appropriate risk weight.January 2015CA-9.1.11
The applicable risk weights of a single investment exposure for Murabahah, IMB and operating Ijarah are as follows:
(a) The treatment for a single investment exposure is a 200% RW;(b) The treatment for an exposure due to a holding for financing purposes during the non-binding stage of the transaction is a 200% RW; and(c) The treatment of an exposure resulting from operating Ijara is the risk weights as mentioned in Paragraph CA-3.5.21.January 2015CA-9.1.12
When
Islamic bank licensees are involved extensively in real estate investment activities, the CBB may impose a higher capital charge on a solo basis to cushion unexpected losses. Further, the CBB may increase the level of CCF in caseIslamic bank licensees are engaged in real estate as part of off-balance sheet asset management activities.January 2015Valuation of Real Estate Activities
CA-9.1.13
The measurement of risk exposures in real estate activities is dependent on sound and proper valuations as outlined in Chapter CM-2 of this Rulebook. The risks inherent in the real estate activities depend on a number of factors, including the type of property and the independent parties who will assess these activities.
Islamic bank licensees must have in place adequate valuation rules and proper valuation methodologies.January 2015CA-9.1.14
Islamic bank licensees must value their property activities on a consistent basis. Otherwise, there can be no level playing field for capital adequacy treatment. In the case of assets under Murabahah or Ijara/IMB transactions, theIslamic bank licensee must employ appropriate valuation to estimate the amount for which a property switches from investment to financing, or vice versa.January 2015CA-9.1.15
The valuation of an
Islamic bank licensee's real estate investments is subject to the rules in Module CM.Islamic bank licensees must have robust procedures to substantiate the results of valuations while comparing them with some independent information source such as property market reports or reliable publications.Islamic bank licensees should scrutinise any significant variations in these valuations and make any necessary rectifications.January 2015CA-10 CA-10 Leverage Ratio and Gearing Requirements
CA-10.1 CA-10.1 Rationale and Objective
Scope and Factors Leading to Leverage
CA-10.1.1
The requirements in this Chapter are applicable to
Bahraini Islamic bank licensees .Amended: October 2018
January 2015CA-10.1.2
The use of non-equity funds to fund assets is referred to as financial leverage. It allows a financial institution to increase the potential returns on its equity capital, with a concomitant increase in the riskiness of the equity capital and its exposure to losses since the non-equity funds are either not, or only partially risk-absorbent. Consequently, leverage is commonly accomplished through the use of borrowed funds, debt capital or Sharia compliant hedging instruments, etc. It is common for banks to engage in leverage by borrowing to acquire more assets, with the aim of increasing their return on equity. Similarly, the contingent exposure of the banks can expose them to risk of losses much greater than is observable on the balance sheet.
Added: October 2018CA-10.1.3
The leverage ratio serves as a supplementary measure to the risk-based capital requirements of the rest of this Module. The leverage ratio is a simple, transparent ratio and is intended to achieve the following objectives:
(a) To constrain the build-up of leverage in the banking sector, helping avoid destabilising deleveraging processes which can damage the broader financial system and the economy; and(b) To reinforce the risk based requirements with a simple, non-risk based "backstop" measure; and(c) To serve as a broad measure of both the on- and off-balance sheet sources of bank leverage and, thus its risk profile.Added: October 2018CA-10.2 CA-10.2 Definition, Calculation and Scope of the Leverage Ratio
Leverage Ratio Requirement and Computational Details
CA-10.2.1
Bahraini Islamic bank licensees must meet a 3% leverage ratio minimum requirement at all times, calculated on a consolidated basis.Added: October 2018CA-10.2.2
The leverage ratio is defined as follows: The Numerator of the leverage ratio is Tier 1 capital as defined in Paragraph CA-1.1.2. The Denominator is composed of self-financed exposures and adjusted exposures funded by URIAs (see Section CA-10.3). The leverage ratio is expressed as a percentage as follows:
Tier 1 Capital
{Self-financed exposures adjusted in CA-10.3
Plus
a [exposures funded by URIAs adjusted in CA-10.3
Less
PER and IRR of URIAs]}Added: October 2018CA-10.2.3
A proportion of assets financed by URIA must be included in the exposure calculation, whether considered on- or off-balance sheet by the
Bahraini Islamic bank licensee . The proportion of such assets is calculated by multiplying the relevant assets by the alpha parameter (30%) for capital adequacy purposes. Assets financed by restricted investment accounts are not included in the denominator of the leverage ratio.Added: October 2018CA-10.2.4
The leverage ratio framework follows the same scope of regulatory consolidation for Tier One Capital and Total Exposures as is used in CA-B.1.2A, except where a banking, financial, insurance or commercial entity is outside the scope of regulatory consolidation, only the investment in the capital of such entities (i.e. only the carrying value of the investment, as opposed to the underlying assets and other exposures of the investee) is to be included in the total exposures measure. However, investments in the capital of such entities that are deducted from Tier One Capital must also be deducted from the exposures measure for the purpose of the leverage ratio calculation.
Added: October 2018CA-10.2.5
Bahraini Islamic bank licensees identified as DSIBs must also meet a leverage ratio buffer requirement of 50% of HLA buffer (currently set at 1.5%), consistent with the capital measure required to meet the requirements of Module DS.Added: October 2018CA-10.3 CA-10.3 Exposure Measure
General Measurement Principles
CA-10.3.1
The calculation of total exposure for the leverage ratio must generally follow the accounting measures of exposures (i.e. as reported in the financial statements of the
Bahraini Islamic bank licensees ). All the on-balance sheet, non-derivative exposures must be included net of specific provisions and valuation adjustments (e.g. credit valuation adjustments). The impact of credit risk mitigation (including physical or financial collateral, guarantees, Urbun, Hamish Jiddiyah, etc.) must not be considered, and on-balance sheet exposures must not be adjusted for the purpose of calculating the total exposure (i.e. they must be unweighted). Netting of financing exposures against investment accounts/deposits is not allowed. Specific details on the treatment of on and off-balance sheet items in the calculation of total exposure are provided in this Section.Added: October 2018On-balance Sheet Items
CA-10.3.2
All the on-balance sheet items on the assets side of the
Bahraini Islamic bank licensee's balance sheet must be included. This includes all the Shari'a-compliant alternatives to repurchase transactions and securities financing transactions. AAOIFI accounting measures forBahraini Islamic bank licensees must be used for taking account of such transactions.13 For Shari'a-compliant hedging instruments, the accounting measure of the exposure must be used (i.e. unweighted and 100% C.C.F.). In addition, potential future exposures must be computed on an unweighted basis according to the Current Exposure Method, as delineated in Paragraph CA-4.5.16.
13 Unless there are no applicable AAOIFI accounting standards, in which case IFRS must be used.
Added: October 2018CA-10.3.3
Items (such as goodwill) that are deducted completely from Tier One Capital must be deducted from Total Exposures.
Added: October 2018CA-10.3.4
According to the treatment outlined in Paragraphs CA-2.4.20 to CA-2.4.24, where a financial entity is not included in the regulatory scope of consolidation in CA-B.1.2A, the amount of any investment in the capital of that entity that is totally or partially deducted from CET1 or from AT1 capital of the
Bahraini Islamic bank licensees following the corresponding deduction approach in Paragraphs CA-2.4.20 to CA-2.4.26 must be deducted from Total Exposures.Added: October 2018Off-balance Sheet Items (OBS)
CA-10.3.5
For the purpose of the leverage ratio, OBS items must be converted into credit exposure equivalents through the use of credit conversion factors (CCFs).
Added: October 2018CA-10.3.6
For the purpose of Paragraph CA-10.3.5, commitments include any contractual arrangement that has been offered by the bank and accepted by the client to extend credit, purchase assets or issue credit substitutes.
Added: October 2018CA-10.3.7
Direct credit substitutes, e.g. general guarantees of indebtedness (including standby letters of credit serving as financial guarantees for financing and securities) and acceptances (including endorsements with the character of acceptances) receive a CCF of 100%.
Added: October 2018CA-10.3.8
The exposure amount associated with unsettled financial asset purchases where regular-way unsettled trades are accounted for at settlement date, a 100% CCF applies.
Added: October 2018CA-10.3.9
Forward asset purchases and partly paid shares and securities, which represent commitments with certain drawdown, will receive a CCF of 100%.
Added: October 2018CA-10.3.10
The following transaction-related contingent items — performance bonds, bid bonds, warranties and standby letters of credit related to particular transactions, receive a CCF of 50%.
Added: October 2018CA-10.3.11
Note issuance facilities (NIFs), and revolving underwriting facilities (RUFs) receive a CCF of 50%.
Added: October 2018CA-10.3.12
A 40% CCF will be applied to commitments, regardless of the maturity of the underlying facility, unless they qualify for a lower CCF.
Added: October 2018CA-10.3.13
A 20% CCF will be applied to both the issuing and confirming banks of short-term14 self-liquidating trade letters of credit arising from the movement of goods (e.g. documentary credits collateralised by the underlying shipment).
14 That is, with a maturity below one year. For further details see Basel Committee on Banking Supervision, Treatment of trade finance under the Basel capital framework, October 2011, www.bis.org/publ/bcbs205.pdf.
Added: October 2018CA-10.3.14
A 10% CCF will be applied to commitments that are unconditionally cancellable at any time by the bank without prior notice, or that effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness.
Added: October 2018CA-10.3.15
The CBB shall evaluate various factors in the jurisdiction, which may constrain banks' ability to cancel the commitment in practice, and consider applying a higher CCF to certain commitments as appropriate.
Added: October 2018CA-10.3.16
Where there is an undertaking to provide a commitment on an off-balance sheet item, banks are to apply the lower of the two applicable CCFs.15
15 For example, if a bank has a commitment to open short-term self-liquidating trade letters of credit arising from the movement of goods, a 20% CCF will be applied (instead of a 40% CCF); and if a bank has an unconditionally cancellable commitment to issue direct credit substitutes, a 10% CCF will be applied (instead of a 100% CCF).
Added: October 2018CA-10.3.17
All off-balance sheet securitisation exposures, except an eligible liquidity facility or an eligible servicer cash advance facility receive a CCF of 100% conversion factor. All eligible liquidity facilities receive a CCF of 50%. Undrawn servicer cash advances or facilities that are unconditionally cancellable without prior notice are eligible for a 10% CCF.
Added: October 2018CA-10.4 CA-10.4 Additional Supervisory Guidance
CA-10.4.1
A higher ratio may be required for any
Bahraini Islamic bank licensees if warranted by its risk profile or circumstances. The CBB may use stress testing as a complementing tool to adjust the leverage ratio requirement at the macro- and/or individualBahraini Islamic bank licensee -level.Added: October 2018CA-10.4.2
The leverage ratio can be used for both micro- and macro prudential surveillance; for example, as a macro prudential tool, a consistent leverage ratio can be applied for all
Bahraini Islamic bank licensees as an indicator for monitoring vulnerability. As a micro prudential tool, it can be used as a trigger for increased surveillance or capital requirements for specific licensees under the supervisory review process.Added: October 2018CA-10.5 CA-10.5 Transitional Arrangements
CA-10.5.1
Bahraini Islamic bank Licensees shall implement the requirements of this Module with effect from 30th June 2019. Quarterly reporting of leverage ratio to the CBB and in public disclosures shall commence with reference to the quarter ending on 30th June 2019.Added: October 2018CA-10.6 Gearing
CA-10.6.1
The content of this Section is applicable to all retail branches of foreign banks.
Added: July 2023Measurement
CA-10.6.2
The gearing ratio is measured as the ratio of deposit liabilities against the bank’s capital and reserves. Deposit liabilities includes ‘balances of banks and similar institutions’ (excluding deposits from head office), ‘current accounts for non-banks’ and ‘total unrestricted investment accounts’ as reported in Section A Balance Sheet of the PIRI. Capital and reserves refers to the aggregate amount of the capital items reported in Section A Balance Sheet of the PIRI i.e. ‘total capital liabilities’.
Added: July 2023Gearing Limit
CA-10.6.3
Deposit liabilities must not exceed 20 times the respective bank’s capital and reserves at all times (i.e. capital and reserves must be 5% or above of the deposit liabilities).
Added: July 2023