• AU-A AU-A Introduction

    • AU-A.1 AU-A.1 Purpose

      • Executive Summary

        • AU-A.1.1

          The Authorisation Module sets out the Central Bank of Bahrain's (CBB) approach to licensing providers of regulated insurance services in the Kingdom of Bahrain. It also sets out CBB requirements for approving persons undertaking key functions in those providers. Finally, it sets out requirements for registering certain support services (actuaries, loss adjusters and appointed representatives).

          Amended: October 2011
          Amended: October 2009
          Amended: July 2007

        • AU-A.1.2 [Deleted]

          Deleted July 2007

        • AU-A.1.2

          Persons who provide any of the following regulated insurance services within or from the Kingdom of Bahrain require a license:

          (a) The carrying on of insurance business;
          (b) The broking of insurance contracts;
          (c) The offering of advice to third parties regarding individual insurance requirements and products;
          (d) The provision of insurance management services (such as captive managers); and
          (e) The operating of a recognised insurance exchange.
          Amended: July 2007

        • AU-A.1.3

          The categories of regulated insurance services listed in AU-A.1.2 in turn determine the license category of the provider. The requirements in Volume 3 (Insurance) are tailored in certain respects, according to the license category concerned, in order to address the specific features and risks associated with each type of regulated insurance services.

          Amended: July 2007

        • AU-A.1.4

          For the purposes of Volume 3 (Insurance), providers licensed to undertake activities falling under AU-A.1.2 (a) are categorised as 'insurance firms'; those under (b), as 'insurance brokers'; those under (c), as 'insurance consultants'; those under (d), as 'insurance managers'; and those under (e), as 'insurance exchange operators'. A provider of regulated insurance services can only hold one of the above license categories; different categories may not be combined.

          Amended: July 2007

        • AU-A.1.5

          Collectively, licensed providers of regulated insurance services are called insurance licensees. Bahrain-incorporated insurance licensees are called Bahraini insurance licensees. Insurance licensees that are incorporated in an overseas jurisdiction and operate via a branch presence in the Kingdom of Bahrain are called overseas insurance licensees. The same naming convention applies to the various categories of license holders: for example, Bahraini insurance brokers are incorporated in Bahrain and overseas insurance brokers operate via a branch presence.

          Amended: July 2007

      • Licensing

      • Approved Persons

        • AU-A.1.6

          Persons undertaking certain functions in relation to CBB insurance licensees require prior CBB approval. These functions (called 'controlled functions') include Directors and members of senior management. The controlled functions regime supplements the licensing regime by ensuring that key persons involved in the running of insurance licensees are fit and proper. Those authorised by the CBB to undertake controlled functions are called approved persons.

          Amended: July 2007

      • Registration

        • AU-A.1.7

          Persons wishing to carry on the business of an actuary, loss adjuster or licensed principal wishing to appoint appointed representative within the Kingdom of Bahrain are required to register with the CBB. Registrants are subject to basic screening to verify their expertise and general suitability, at the point of application. Unlike insurance licensees, they are not subject to detailed Directives and Regulations and continuous, risk-based supervision.

          Amended: October 2009
          Amended: July 2007

      • Retaining Authorised Status

        • AU-A.1.8

          The requirements set out in Chapters AU-2, AU-3 and AU-4 represent the minimum conditions that have to be met in each case, both at the point of authorisation and on an on-going basis thereafter, in order for authorised status to be retained.

          Amended: July 2007

           

      • Ancillary Services Providers

        • AU-A.1.9

          Ancillary services providers are not covered in Volume 3 (Insurance) of the Rulebook. Requirements covering these types of activities will instead be included in Volume 5.

          Amended: October 2011
          Amended: July 2007

        • AU-A.1.10

          Until such time as Volume 5 (Specialised Activities) of the CBB Rulebook is issued, ancillary services providers remain subject to the requirements contained in the CBB's 'Standard Conditions and Licensing Criteria', a copy of which is available from the CBB Licensing Directorate.

          Amended: April 2018
          Amended: October 2011
          Amended: July 2007

        • AU-A.1.11

          [This Paragraph was merged with Paragraph AU-A.1.9 above, in January 2007].

          Amended: July 2007

        • AU-A.1.12

          [This Paragraph was merged with Paragraph AU-A.1.10 above, in January 2007]

          Amended: July 2007

      • Legal Basis

        • AU-A.1.13

          This Module contains the CBB's Regulations, Resolutions and Directive (as amended from time to time) regarding authorisation requirements applicable to insurance licensees, approved persons and registered bodies and is issued under the powers available to the CBB under Articles 37 to 42, 44 to 48 and 180 of the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). Requirements regarding regulated insurance services as per Article 39 (see Chapter AU-1), licensing conditions and processes as per Articles 44 to 48 (see Chapters AU-2 and AU-5) and licensing and registrations fees as per Article 180 (see Chapter AU-6) are also included in Resolutions and included in this Module. Module AU includes the requirements contained in Resolution No (1) of 2007 with respect to determining fees categories due for licensees and services provided by the CBB. Module AU also contains the minimum qualifications and fit and proper requirements for appointed representatives issued in 2009 under Resolution 11 in accordance with Article 74 of the CBB Law. The Module contains requirements governing the conditions of granting a license for the provision of regulated services as prescribed under Resolution No (43) of 2011 and issued under the powers available to the CBB under Article 44(c). Finally, the Module contains requirements under Resolution No.(16) for the year 2012 including the prohibition of marketing financial services pursuant to Article 42 of the CBB Law. This Module contains the prior approval requirements for approved persons under Resolution No (23) of 2015.

          Amended: July 2015
          Amended: January 2013
          Amended: October 2011
          Amended: January 2011
          Amended: October 2009
          Added: July 2007

        • AU-A.1.14

          For an explanation of the CBB’s rule-making powers and different regulatory instruments, see Section UG-1.1.

          Added: July 2007

    • AU-A.2 AU-A.2 Module History

      • AU-A.2.1

        This Module was first issued in April 2005 by the BMA, together with the rest of Volume 3 (Insurance). Any material changes that have subsequently been made to this Module are annotated with the calendar quarter date in which the change was made. UG-3 provides further details on Rulebook maintenance and version control.

        Amended: July 2007

      • AU-A.2.2

        When the CBB replaced the BMA in September 2006, the provisions of this Module remained in force. Volume 3 was updated in January 2007 to reflect the switch to the CBB; however, new calendar quarter dates were only issued where these involved changes in the substance of Rules.

        Added: July 2007

      • AU-A.2.3

        A list of recent changes made to this Module is provided below:

        Module Ref. Change Date Description of Changes
        AU-1.1 01/07/05 Corrections made to cross references.
        AU-1.2 01/07/05 Correction to typo and clarification to AU-1.2.4.
        AU-1.4 01/07/05 Clarified possible exclusion to regulated insurance services.
        AU-5.1 01/07/05 Clarified AU-5.1.2 and amended AU-5.1.8(e) to reflect that the cash deposit to be held with a commercial bank also applies to insurance brokers.
        AU-5.2 01/07/05 Correction made to cross reference.
        AU-5.3 01/07/05 Corrected reference to Form 4 (Application for Registration).
        AU-1.1 01/10/05 Clarified application of grandfathering provisions for composite companies.
        AU-2.1 01/10/05 Clarified legal status for E.C. companies and added the option for insurance manager to operate as a branch resident in Bahrain of a company incorporated in another jurisdiction.
        AU-2.2 01/10/05 Clarified guidance on mind and management for insurance licensees originally licensed as exempt companies.
        AU-2.8 01/10/05 Clarified the application of IFRS and AAOIFI standards.
        AU-2.1 01/01/06 Clarified legal status for EC companies that are insurance brokers and insurance consultants.
        AU-2.1.6 01/04/06 Guidance Paragraph deleted in October 2005.
        AU-1.2.2 01/01/07 Added Signing Actuary (where the Signing Actuary is an employee of the insurance firm) to the list of controlled functions for which an application for approved person must be submitted.
        AU-A.1.13 01/2007 New Rule introduced, categorising this Module as a Directive.
        AU-1.1.24 01/2007 Added Rule pertaining to suitability of applicants for authorisation.
        AU-2.1.11 01/2007 Corrected legal status requirements for insurance consultants.
        AU-2.6.1A 01/2007 Added a Rule dealing with the segregation of staff responsibilities.
        AU-5.1. 01/2007 Section amended to reflect new procedures reflecting CBB Law.
        AU-5.4 01/2007 Amended to reflect new CBB Law procedures.
        AU-5.5 01/2007 Amended to reflect new CBB Law procedures.
        AU-6 01/2007 New Chapter on Licensing and Registration Fees added.
        AU-1.1.14 10/2007 Pure reinsurers can undertake both general insurance business and long-term insurance business within the same entity.
        AU-1.2.3 and 1.2.4 10/2007 Clarified the controlled functions for which CBB prior approval is required.
        AU-2.5.4 10/2007 Clarified that insurance brokers must also maintain a cash deposit as per Section GR-7.1.
        AU-5.1.5 and 5.1.5A 01/2008 Clarified CBB's requirements for letters of comfort and/or letters of guarantee.
        AU-5.1.13 01/2008 Clarified CBB's requirements for items that must be in place within 6 months of a new license being issued.
        AU-5.2.2 04/2008 Clarified to whom Form 3 should be sent to if dealing with a request for an appointment of MLRO from an existing investment firm licensee.
        AU-5.5.6 04/2008 Outlined CBB's requirements in instances where a controlled function becomes vacant.
        AU-6.3 04/2008 Clarified the payment of annual fees for new insurance licensees and registered persons.
        AU-5.2.5 07/2008 Clarified that the refusal decision by the CBB to grant a person 'approved person' status is issued to the insurance licensee.
        AU-5.2.6 07/2008 Added cross reference.
        AU-6.3 10/2008 Introduced a minimum licensing fee for new applicants whose annual licensing fees may be prorated.
        AU-2.1.8 04/2009 Amended the legal status of insurance broker to no longer allow the establishment of new licensees as single person company.
        AU-6.3.12 and 6.3.12A 04/2009 Clarified the rules regarding annual license fees to be paid by new licensees in relation to the first year in which the license has been granted.
        AU-6.3.16 04/2009 Deleted Paragraph waiving annual fees for insurance licensees in run-off and whose license has been restricted to servicing existing business.
        AU-A.1, AU-B.2, AU-1.3A, AU-4, AU-5.3, AU-5.5 and AU-6.3 10/2009 Added registration requirements for appointed representatives.
        AU-A.1.13 10/2009 Reference to Regulations added to Paragraph under Legal Basis.
        AU-2.1.8 and AU-2.1.11 10/2009 The legal status option for insurance brokers and insurance consultants to be established as a branch resident in Bahrain of a company incorporated in another jurisdiction has been deleted.
        AU-1.4.16A 04/2010 Guidance provided on the definition of regulated services for insurance consultants.
        AU-2.1.8 04/2010 Clarified the legal status for insurance brokers.
        AU-4.1.2A 04/2010 Added guidance on relevant loss adjusters associations used in evaluating expertise condition.
        AU-5.2.1 04/2010 Added requirement for licensees to verify accuracy of information contained in form 3 (Approved persons).
        AU-5.2.2A and B 04/2010 Clarified requirements when submitting Form 3.
        AU-5.2.7 and 5.2.8 04/2010 Clarified notification requirements when applying for Approved person status.
        AU-A.1.13 01/2011 Clarified legal basis.
        AU-5.1.5A 01/2011 Removed the reference to a letter of comfort that may be provided with an application for license.
        AU-1.2.9A 04/2011 Clarified the position of Chairman and that of managing director. This Rule was moved from the former version of Module HC.
        AU-1.2.11A 04/2011 Added a definition Paragraph for the compliance officer.
        AU-A.1.10 10/2011 Guidance Paragraph amended as Volume 5_Representative Offices was issued in December 2010.
        AU-A.1.13 10/2011 Legal basis updated to reflect all Articles of the CBB Law covered by this Module as well as applicable Resolutions.
        AU-5.1.13 10/2011 Clarified CBB's requirements for items that must be in place within 6 months of a new license being issued to be in line with other Volumes of the Rulebook.
        AU-5.5 10/2011 Clarified language on cancellation of a license to be in line with other Volumes of the CBB Rulebook.
        AU-1.4.10 04/2012 Reference added to appointed representatives.
        AU-2.1.8 and AU-2.1.9 10/2012 Clarified legal status for single person company and natural person.
        AU-5.5.4A 10/2012 Corrected cross reference.
        AU-A.1.13 01/2013 Updated legal basis.
        AU-B.1.1 01/2013 Updated prohibition as per issuance of Resolution No.(16) for the year 2012.
        AU-1.1 01/2013 References added to requirements under Resolution No.(16) for the year 2012.
        AU-6.3 07/2013 Amended due date and collection process for annual license and registration fees.
        AU-1.2 04/2014 Approved persons requirement updated to reflect consultation undertaken on the enhanced operational and solvency framework.
        AU-1.4.13 10/2014 Amended the definition of exempt introducer.
        AU-2.1.11 10/2014 Aligned with Commercial Companies Law.
        AU-A.1.13 07/2015 Legal basis updated to reflect Resolution No (23) of 2015.
        AU-5.2 07/2015 Amended to be in line with Resolution No (23) of 2015 on Prior Approval Requirements for Approved Persons.
        AU-1.2 01/2016 Clarified general requirements for approved persons.
        AU-3 01/2016 Amended to be in line with Resolution No (23) of 2015 on Prior Approval Requirements for Approved Persons.
        AU-4.2.2 01/2016 Corrected cross reference.
        AU-5.1.4 01/2016 Paragraph deleted as no longer applicable.
        AU-5.2 01/2016 Minor amendments to be aligned with other Volumes of the Rulebook.
        AU-5.6 07/2017 Added new Section on Publication of the Decision to Grant, Cancel or Amend a License.
        AU-A.1.10 04/2018 Amended Paragraph.
        AU-5.1.1 04/2018 Amended Paragraph.
        AU-5.1.12E 04/2018 Amended sub-paragraph.
        AU-5.2.2 04/2018 Amended Paragraph.
        AU-5.3.1 04/2018 Amended Paragraph.
        AU-5.1.1 07/2019 Amended Paragraph to remove references to hardcopy Form 1 submission to online submission.
        AU-1.1.18A 10/2019 Added a new Paragraph on Insurance Aggregators.
        AU-1.1.18B 10/2019 Added a new Paragraph on Insurance Aggregators.
        AU-1.1.18C 10/2019 Added a new Paragraph on Insurance Aggregators.
        AU-5.1.12I 10/2019 Changed from Rule to Guidance.
        AU-5.1.12J 10/2019 Changed from Rule to Guidance.
        AU-5.6.1 10/2019 Changed from Rule to Guidance.
        AU-1.2 10/2020 Amended Section on Approved Persons.
        AU-1.4.3A 10/2020 Added a new Paragraph on compliance with AAOIFI Standards.
        AU-1.3A.3 07/2023 Added a new Paragraph on meeting the requirements of an appointed representative.
        AU-1.3A.4 07/2023 Added a new Paragraph on appointed representative termination notification.
        AU-1.3A.5 07/2023 Added a new Guidance on appointed representatives compliance with requirements.
        AU-4.1.1 07/2023 Deleted appointed representatives from the relevant expertise.
        AU-4.1.5 07/2023 Deleted Paragraph.
        AU-4.1.6 07/2023 Deleted Paragraph.
        AU-4.1.7 07/2023 Deleted Paragraph.
        AU-4.2.1 07/2023 Deleted appointed representatives.
        AU-5.5.9 – AU-5.5.10 07/2023 Deleted appointed representatives.
        AU-6.3.6 07/2023 Amended registration fixed fee for registered actuaries.

      • AU-A.2.3

        This Module supersedes various articles contained in Ministerial Order No. 6 of 1990 regarding the issue of regulations for implementing legislative decree No. 17 of 1987 with respect to insurance companies and organisations. The specific articles in the Ministerial Order that have been cancelled by this Module are listed below:

        Order No. 6 Article Ref. Module Ref. Subject
        2–8   Licensing of insurance firms
        21–27   Licensing of insurance brokers
        33–42   Registration of actuaries
        43–51   Registration of loss adjusters
        53–64   Licensing of insurance consultants

      • AU-A.2.4

        Guidance on the implementation and transition to Volume 3 (Insurance) is given in Module ES (Executive Summary).

        Amended: July 2007