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  • CIU-A.3 CIU-A.3 General Requirements

    • CIU-A.3.1

      The operators of CIUs, or where relevant, the placement agents offering CIUs in the Kingdom of Bahrain must ensure the following:

      (a) The CIU is offered by qualified individuals who possess the ability to explain the nature, structure, investment objectives and the risks associated with investing in the CIU to investors in a manner that is clear, fair and not misleading;
      (b) The investor’s profile and suitability assessments have been undertaken in determining if he is eligible to invest in the CIU being offered;
      (c) The investors submit a declaration stating that they have read the offering documents, understand the investment objectives and are familiar with associated risks;
      (d) Safeguards are established for the CIU participants with regards to governance, investment management, custody arrangements, administration and disclosures;
      (e) The investors have access to the periodic reports specified in the offering documents in a timely manner;
      (f) Any client complaints and/or enquiries from investors are addressed including the provision of information to investors as may reasonably be required in accordance with the terms of the offering memorandum; and
      (g) They comply at all times with the laws of the Kingdom of Bahrain and the regulations of the CBB, including those related to AML/CFT.
      (h) Licensees offering CIUs in other jurisdictions must ensure full compliance with all legal and regulatory requirements in such jurisdictions.
      Amended: October 2022
      Added: April 2022

    • CIU-A.3.2

      Real Estate Investment Trusts (REITs), Venture Capital CIUs, Hedge Funds and Money Market Funds must be in accordance with the relevant CIU’s investment objectives and they reflect the substance of the specialised nature of the CIU.

      Amended: October 2022
      Added: April 2022

    • CIU-A.3.3

      A relevant person of a Bahrain domiciled CIU shall be liable for losses suffered by a CIU participant because of that relevant person’s unjustifiable failure to perform its obligations required under the CBB Law or the CBB Rulebook. The CBB does not permit relevant persons to rely on disclaimers (written or otherwise) that have the effect of restricting their liability beyond an amount considered to be reasonable and customary in the fund management industry. Accordingly, relevant persons must ensure that the contractual arrangements reflect this.

      Added: April 2022