• CM-1.3 CM-1.3 Credit Granting

    • CM-1.3.1

      The limits framework must ensure that the granting of credit exceeding certain predetermined levels receives prompt management attention. An appropriate limit system must assist the management in initiating discussion about opportunities and risks, in controlling credit risk exposures and monitoring actual risk taking against predetermined credit risk tolerances.

      Added: June 2022

    • CM-1.3.2

      Conventional bank licensees must receive sufficient information to enable a comprehensive assessment of the true risk profile of the borrower or counterparty. Depending on the type of credit exposure and the nature of the credit relationship to date, the factors to be considered and documented in approving credits must include:

      (a) The purpose of the credit and sources of repayment;
      (b) The current risk profile (including the nature and aggregate amounts of risks) of the borrower or counterparty and collateral and its sensitivity to economic and market developments;
      (c) The borrower’s repayment history and current capacity to repay, based on historical financial trends and future cash flow projections, under various scenarios;
      (d) For commercial credits, the borrower’s business expertise and the status of the borrower’s economic sector and its position within that sector;
      (e) The proposed terms and conditions of the credit, including covenants designed to limit changes in the future risk profile of the borrower;
      (f) The legal structure of the entity to which credit is granted and any associated implications; and
      (g) Where applicable, the adequacy and enforceability of collateral or guarantees, including under various scenarios.
      Added: June 2022

    • CM-1.3.3

      Conventional bank licensees need to understand to whom they are granting credit. As such, prior to entering into any new credit relationship, the licensee must become familiar with the borrower or counterparty and be confident that they are dealing with an individual or organisation of sound repute and creditworthiness. In particular, strict policies must be in place to avoid association with individuals involved in fraudulent activities and other crimes.

      Added: June 2022

    • CM-1.3.4

      Conventional bank licensees must perform their due diligence at the solo entity level to which there is a credit exposure. In evaluating the repayment capacity of the solo entity, licensees can take into account the support of the group and also the potential for the solo entity to be adversely impacted by problems in the group.

      Added: June 2022

    • CM-1.3.5

      In considering potential credit, conventional bank licensees must recognise the necessity of establishing provisions for identified and expected losses and hold adequate capital to absorb unexpected losses. The licensee must factor these considerations into credit-granting decisions, as well as into the overall portfolio risk management process.

      Added: June 2022

    • CM-1.3.6

      Where actual or potential conflicts of interest exist within the conventional bank licensee, internal confidentiality arrangements (e.g. ‘Chinese walls’) must be established and maintained to ensure that there is no hindrance to the licensee in obtaining all relevant information from the borrower.

      Added: June 2022

    • CM-1.3.7

      In order to maintain a sound credit portfolio, conventional bank licensee must have an established formal transaction evaluation and approval process for the granting of credit. Approvals must be made in accordance with the licensee’s written guidelines and granted by the appropriate level of management. There must be a clear audit trail documenting that the approval process was complied with and identifying the individual(s) and/or committee(s) providing input, as well as making the credit decision. Conventional bank licensees must invest in appropriate credit decision making tools and resources so that they are able to make sound credit decisions consistent with their credit risk strategy and meet competitive time, pricing and structuring pressures.

      Added: June 2022

    • CM-1.3.8

      Each credit proposal must be subject to careful analysis by an experienced credit analyst with expertise commensurate with the size and complexity of the transaction. An effective evaluation process establishes minimum requirements for the information on which the analysis is to be based.

      Added: June 2022

    • CM-1.3.9

      Conventional bank licensees must have in place a Board approved policy regarding the information and documentation needed to approve new credits, renew existing credits and/or change the terms and conditions of previously approved credits. The information received will be the basis for any internal evaluation or rating assigned to the credit, and its accuracy and adequacy is critical to the management making appropriate judgments about the acceptability of the credit.

      Added: June 2022

    • CM-1.3.10

      Credit risk officers must have the experience, knowledge and background to exercise prudent judgment in assessing, approving and managing credit risks. The licensee’s credit-granting approval process must establish accountability for decisions taken and designate who has the final or ultimate authority to approve credits or changes in credit terms.

      Added: June 2022

    • CM-1.3.11

      All extensions of credit must be made on an arm’s-length basis. In particular, credits to connected counterparties must be authorised only under exceptional circumstances. Such credits must be monitored with particular care and other appropriate steps taken to control or mitigate the risks of non-arm’s length lending.

      Added: June 2022

    • CM-1.3.12

      Transactions with connected counterparties must be subject to the approval of the Board of Directors (excluding Board members with conflict of interest).

      Added: June 2022

    • Credit Reference Requirements

      • CM-1.3.13

        Conventional bank licensees which provide credit facilities to natural and legal persons in Bahrain must become members of the Bahrain Credit Reference Bureau (‘BCRB’). All enquiries for new or additional credit facilities in Bahrain must be submitted to the BCRB. BCRB members must meet the following requirements and incorporate them into their policies and procedures:

        (a) Establish an electronic monitoring system to detect, monitor and maintain records and a log of all access to BCRB data by the BCRB member’s employees;
        (b) Conduct a monthly internal audit on the access logs to identify unauthorised access to BCRB data by any employee without securing customer consent and report to the CBB any observed violation of Article 68 (bis (2)) of CBB Law;
        (c) Require the sign off of a BCRB member’s designated employee on their legal obligations concerning the confidentiality of BCRB data and that any violation of Article 68 (bis (2)) of CBB Law would subject them to an enforcement action in accordance with CBB Law; and
        (d) Cover compliance with the above requirements in the performance appraisal of relevant employees.
        Added: June 2022

      • CM-1.3.14

        Failure to comply with Article 68 (bis (2)) of the CBB Law and Paragraph CM-1.3.13 may result in an enforcement action taken against the BCRB member, as well as the relevant employee in accordance with CBB Law. Additionally, all BCRB members must abide by the agreed Code of Practice of the BCRB (see Appendix CM-3). Any breaches to the code will be subject to enforcement action by the CBB.

        Added: June 2022

    • Name-lending

      • CM-1.3.15

        Conventional bank licensees must avoid providing finance to counterparties without collateral or without adequate credit risk analysis performed on the basis of reliable audited financial statements to properly analyse the obligor’s ability to repay.

        Added: June 2022

      • CM-1.3.16

        Some licensees indulge in ‘name-lending’ which refers to the practice of lending to businesses and individuals merely on the basis of their ‘name’ or ‘reputation’ in the market. In such instances, the licensee, typically, does not receive audited financial statements and other relevant information to conduct a proper credit risk analysis, nor does it receive collateral to support the credit granting decision. The CBB prohibits licensees from engaging in such activities in order to minimise their credit risk and reputational risk.

        Added: June 2022