BC-B.1 BC-B.1 Principle 1: Truthfulness, Honesty and Fairness
BC-B.1.1
Islamic bank licensees are required to develop a Code of Business Conduct that contractually obliges the bank's employees and representatives to carry out their duties and responsibilities in a fair and honest manner. Banks must also refer to Module HC 'High- level Controls' for requirements on code of business conduct.Added: July 2015BC-B.1.2
An
Islamic bank licensee must aspire to the highest standards of truthfulness, honesty and fairness in all its statements and dealings, and must treat its customers fairly.Added: July 2015BC-B.1.3
The fundamental requirement with regard to truthfulness, honesty and fairness is that an
Islamic bank licensee must not, either deliberately or through negligence, issue information that is potentially misleading to stakeholders or the market, nor must it manipulate prices by using any of the means whereby this may be done. Such means include, but not limited to, making a false market, issuing misleading price-sensitive information and price-fixing in conjunction with other market players. Where applicable, banks must also refer to Volume 6 (Capital Markets)—Prohibition of Market Abuse and Manipulation Module 'MAM'.Added: July 2015BC-B.1.4
An
Islamic bank licensee must not, either deliberately or through negligence, issue information that is misleading to stakeholders or the market regarding the Shari'a compliance of its products or services, or of Sukuk issuances with which it is involved.Added: July 2015BC-B.1.5
An
Islamic bank licensee must not mislead clients or the market through the withholding of material information.Added: July 2015BC-B.1.6
An
Islamic bank licensee must have appropriate procedures whereby whistle-blowers are treated honestly and fairly, with no cover-ups or victimisation. See Section BC-B.1.7. With regard to fairness, anIslamic bank licensee must follow best practice in establishing procedures for handling complaints from clients. See Chapter BC-10.Added: July 2015BC-B.1.7
An
Islamic bank licensee should establish a procedure that can be made clear to the public whereby their employees and representatives are contractually obliged to carry out their duties and responsibilities in accordance with a code of business conduct that requires fairness and honesty. To embody this self-binding commitment, anIslamic bank licensee should publish a client's charter that sets out the relevant parts of its code of business conduct as a written promise to guarantee the delivery of honest and fair service to its clients as demanded by Shari'a. AnIslamic bank licensee should refer to Paragraphs BC-B.1.8 and BC-B.1.9. This charter will include such matters as procedures for dealing fairly, honestly and efficiently with complaints fromcustomers or investors, and with whistle-blowers and any problems to which they draw attention. Refer to Paragraph HC-3.3.3.Added: July 2015BC-B.1.8
A client's charter is a written commitment made by an
Islamic bank licensee in terms of the deliverance of its outputs or services to itscustomers inclusive of stakeholders. It is an assurance by theIslamic bank licensee that outputs or services rendered will comply with the standards declared as quality standards. Generally, quality standards of outputs or services are standards that will fulfil clients' needs and tastes.Added: July 2015BC-B.1.9
The assurances contained in the charter will ensure the generation of more disciplined, prepared and responsible
Islamic bank licensee . Various benefits will be obtained from the establishment of the client's charter.Benefits to the Public:
(a) Enables the public to know specifically the quality of service to expect from theIslamic bank licensee ;(b) Enables the public to evaluate the performance of the services rendered;(c) Reduces uncertainties over the delivery of services;(d) Facilitates comparisons betweenIslamic bank licensee that offer similar services; and(e) Allows the public to be more aware of the conduct commitment of eachIslamic bank licensee .Benefits to the
Islamic bank licensee :(a) Acts as a performance indicator, which will enable theIslamic bank licensee to evaluate its conduct practices; and(b) Upgrades the discipline, responsibility and accountability of theIslamic bank licensee , which in turn will contribute to a more transparent Islamic finance industry.Added: July 2015BC-B.1.10
The
Islamic bank licensee must establish a policy with regard to 'whistle-blowing' so as to encourage all employees to report promptly to an appropriate level of management any breach or suspected breach of business conduct principles. The policy must, among other things, clarify:(a) The procedures according to which an employee can report any instance of conduct that he or she considers to be in breach of such principles;(b) Actions to be carried out by management upon receipt of the report; and(c) The obligations of theIslamic bank licensee to take measures to prevent future breaches.Added: July 2015BC-B.1.11
Islamic bank licensees must apply the requirements of Module PD pertaining to enhancing corporate governance and financial transparency in order to protectcustomers and facilitate market discipline through better practice in public disclosure.Added: July 2015