HC-B HC-B Scope of Application
HC-B.1 HC-B.1 Insurance Licensees
HC-B.1.1
The contents of this Module - unless otherwise stated - apply to all
Bahraini insurance licensees , incorporated under the Legislative Decree No. 21 of 2001, with respect to promulgating the Commercial Companies Law ('Company Law'), except those companies operating as Bahraini single person company.January 2011HC-B.1.2
For
insurance brokers , Sections HC-3.2 Audit Committee and HC-3.3 Audit Committee Charter are to be considered as Guidance and the Comply or Explain Principle (see Paragraph HC-A.1.8) applies. In addition references to the Nominating and Remuneration Committees do not apply forinsurance brokers .January 2011HC-B.1.3
For
insurance consultants ,insurance managers ,Insurance Aggregators andcaptive insurance firms the applicable Guidance Paragraphs are included in Chapter HC-10. The Comply or Explain Principle (see Paragraph HC-A.1.8) applies to the content of Chapter HC-10.Amended: October 2019
January 2011HC-B.1.4
Overseas insurance licensees must satisfy the CBB that equivalent arrangements are in place at theparent entity level, and that these arrangements provide for effective high-level controls over activities conducted under the Bahrain license.January 2011HC-B.1.5
In assessing compliance with Paragraph HC-B.1.4, the CBB will take into account regulatory requirements applicable to the
parent entity, as well as the governance and systems and controls arrangements actually implemented by theparent entity and applied to the Bahrain operation. With the exception of specific requirements that explicitly apply tooverseas insurance licensees (i.e. Paragraph HC-B.1.4),overseas insurance licensees should consider the remaining contents of this Chapter as guidance, in judging whether high-level controls applied to the branch satisfy HC-B.1.4.January 2011HC-B.2 HC-B.2 Branches, Subsidiaries and Affiliates
HC-B.2.1
Bahraini insurance licensees must ensure that, as a minimum, the same or equivalent provisions of this Module apply to theirbranches , whether located inside or outside the Kingdom of Bahrain, such that these are also subject to effective high-level controls. In instances where local jurisdictional requirements are more stringent than those applicable in this Module, the local requirements are to be applied.January 2011HC-B.2.2
Bahraini insurance licensees must satisfy the CBB that financial services activities conducted insubsidiaries and other group members are subject to the same or equivalent arrangements for ensuring effective corporate governance over their activities.Amended: January 2012
January 2011HC-B.2.3
Where an
insurance licensee is unable to satisfy the CBB that itssubsidiaries and other group members are subject to the same or equivalent arrangements, the CBB will assess the potential impact of risks — both financial and reputational — to the licensee arising from inadequate high-level controls in the rest of the group of which it is a member. In such instances, the CBB may impose restrictions on dealings between the licensee and other group members. Where weaknesses in controls are assessed by the CBB to pose a major threat to the stability of the licensee, then its authorisation may be called into question.January 2011