GR-5.2 GR-5.2 Definition of Controller of a Bahraini Insurance Licensee
GR-5.2.1
A
controller of aBahraini insurance licensee is a natural or legal person who, either alone or with his associates:(a) Holds 10% or more of the issued and paid up capital in thelicensee orparent undertaking ; or(b) Is able to exercise more than 10% of the voting power over thelicensee or theparent undertaking .Amended: October 2015
Amended: January 2007GR-5.2.2
For the purposes of Paragraph GR-5.2.1, 'associate' includes:
(a) In the case of natural persons, a member of thecontroller's family ;(b) An undertaking of whichcontroller is aDirector ;(c) A person who is an employee or partner of acontroller ;(d) If thecontroller is a legal person, aDirector of thecontroller , asubsidiary of thecontroller , or aDirector of anysubsidiary of thecontroller .(e) Any other person or undertaking with which thecontroller has entered into an agreement or arrangement as to the acquisition, holding or disposal of shares or other interests in theinsurance licensee , or under which they undertake to act together in exercising their voting power in relation to theinsurance licensee .Amended: October 2015
Amended: January 2007
Amended: October 2007GR-5.2.3
In addition to the provisions of this Chapter, listed companies and their
controllers shall be bound by the CBB's regulatory requirements for capital markets stipulated in the CBB's Rulebook related to changes in the ownership of shares in listed companies. Foroverseas insurance licensees , Section GR-5.5 shall apply.Amended: October 2015
Amended: January 2007GR-5.2.4
For the avoidance of doubt, the management company of a
captive insurer is not automatically acontroller of the firm.Amended: January 2007GR-5.2.5
The restrictions set forth in this Chapter shall apply to any changes in the legality of the shares' ownership of the
controllers in thelicensees , or to the voting powers thecontrollers are entitled to in thelicensees . Failure to comply with such restrictions shall result in the imposition of penalties as indicated in Module EN (Enforcement) of the CBB Rulebook. The imposition of such penalties shall not affect the CBB's right to impose other penalties and to take any other administrative measures against thecontroller in accordance with the provisions of the Law including preventing thecontroller from exercising his voting right or transferring of shares.Added: October 2015