Evolution of Module
AU-A.2.1
This Module was first issued in April 2006, as part of the first phase of Volume 4 (Investment Business) to be released. It is dated April 2006. Any material changes that have subsequently been made to this Module are annotated with the calendar quarter date in which the change was made: Chapter UG-3 provides further details on Rulebook maintenance and version control.
Amended: July 2007AU-A.2.2
When the CBB replaced the BMA in September 2006, the provisions of this Module remained in force. Volume 4 was updated in July 2007 to reflect the switch to the CBB, as well as other policy changes. However, new calendar quarter dates were only issued where these involved changes in the substance of Rules.
Adopted: July 2007AU-A.2.3
A list of recent changes made to this Module is provided below:
Module Ref. Change Date Description of Changes AU-A.1.3 07/2006 Deletion of reference to 'acting as a trust service provider'. AU-1.1.13 07/2006 Deletion of reference to 'acting as a trust service provider'. AU-1.1.14 07/2006 Clarification of scope of exemption. AU-1.4.50 07/2006 Deletion of paragraph relating to 'acting as a trust service provider'. AU-1.4.51 07/2006 Deletion of paragraph relating to 'acting as a trust service provider'. AU-A.1 07/2007 Changes to reflect new CBB Law and reclassification of administrators asancillary services providers (i.e.licensees , to be subject to Volume 5 of the CBB Rulebook).AU-1.3 07/2007 Deletion of this Section to reflect reclassification of administrators asancillary services providers (i.e.licensees , to be subject to Volume 5 of the CBB Rulebook).AU-1.4 07/2007 Clarification of exemption in Rule AU-1.4.8; and minor change to definition of collective investment undertaking (to align with new Module CIU, Volume 6).AU-4 07/2007 Chapter deleted to reflect reclassification of administrators asancillary services providers (i.e.licensees , to be subject to Volume 5 of the CBB Rulebook).AU-5.1 07/2007 Section amended to reflect new procedures reflecting CBB Law. AU-5.3 07/2007 Deleted following reclassification of administrators asancillary services providers (i.e.licensees , to be subject to Volume 5 of the CBB Rulebook).AU-5.4 07/2007 Amended to reflect new CBB Law procedures. AU-5.5 07/2007 Amended to reflect new CBB Law procedures. AU-6 07/2007 New Chapter AU-6 on application and license fees (old material on fees, previously contained in Module GR, deleted). 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-1.1.18 04/2008 Clarified that Category 3 investment firms must be independent.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-5.5.5 04/2008 Outlined CBB's requirements in instances where a controlled function becomes vacant. 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 investment firm licensee AU-5.2.6 07/2008 Added cross reference. AU-1.1.18 10/2009 Clarified that Category 3 investment firms must refrain from receiving fees or commissions from parties other than clients. AU-1.1.24 10/2009 Paragraph changed from Guidance to Rule. AU-1.2 10/2009 Amended to reflect requirements of Modules HC and RM. AU-1.2.2 10/2009 Controlled function of Deputy MLRO added. AU-1.2.15 10/2009 New Rule added to clarify definition of Compliance Officer and MLRO/Deputy MLRO. AU-1.4.11 10/2009 Clarified that dealing in financial instruments as principal includes underwriting and private placement. AU-1.4.19 10/2009 Clarified that dealing in financial instruments as agent does not include execution of deals. AU-2.3 10/2009 Updated to include CBB's requirements for controllers. AU-5.1.5 10/2009 Clarified that copy of commercial registration certificate is required for existing Bahraini companies only. AU-5.2 10/2009 Updated to include CBB's information requirements for the appointment of approved persons. AU-B.1.3, AU-2.5.2 and AU-2.7.2 07/2010 Paragraphs deleted. AU-B.2 and AU-5.5.5 07/2010 Amended heading. AU-1.2.9 and AU-5.5.1 07/2010 Added cross reference. AU-1.4.33 and AU-1.4.37 07/2010 Paragraphs changed from Guidance to Rules and amended to clarify definition of safeguarding financial instruments. AU-1.4.42 and AU-1.4.43 07/2010 New rules added to clarify definition of advising on financial instruments. AU-1.4.49, AU-1.4.50, AU-1.4.51 and AU-5.5.5 07/2010 Amended cross reference. AU-1.2.9, AU-1.4.49, AU-1.4.50, AU-1.4.51, AU-2.3.5, AU-5.1.6, AU-5.1.12A, AU-5.1.12B, AU-5.1.12D and AU-6.1.1 07/2010 Paragraphs amended. AU-5.1.5A 07/2010 Paragraphs amended and changed to Rule. AU-5.1.12K 07/2010 Paragraph added to require confirmation that capital has been paid in before the final approval for a license. AU-5.1.13 07/2010 Updated to include new requirement to be submitted within six months of the license being issued. AU-6.2 07/2010 Updated to include CBB's annual license fee requirements. AU-A.1.11 01/2011 Clarified legal basis. AU-1.1.2 01/2011 Clarified guidance. AU-1.1.21, AU-1.1.22 and AU-1.2.1(f) 01/2011 Paragraphs deleted for consistency in CBB Rulebook. AU-1.2 01/2011 Amended as requirements moved from Module HC to Module AU. AU-1.4.25 01/2011 Amended guidance to reflect new definitions related to licensed exchange(s). AU-5.1.13(j) 01/2011 Added language requirements for commercial registration certificate. AU-5.1.5A 01/2011 Amended CBB's requirements concerning letters of guarantee to be submitted with licensing application. AU-5.1.13 01/2011 Added requirement to submit copy of licensee's business card and any written communication including a statement that the investment firm is licensed by the CBB. AU-5.5.3 01/2011 Clarified guidance. AU-1.2.16 04/2011 Added a definition Paragraph for the compliance officer. AU-5.1.5(m) 04/2011 Corrected typo and added clarification to requirements dealing with private placements. AU-6.2.9A 04/2011 Added the requirement for annual fees for SPV's to be in line with the requirements of Resolution No (1) of 2007. AU-A.1.9 10/2011 Guidance Paragraph amended as Volume 5_Representative Offices was issued in December 2010. AU-A.1.11 10/2011 Legal basis updated to reflect all Articles of the CBB Law covered by this Module as well as applicable Resolutions. AU-5.5 10/2011 Clarified language on cancellation of a license to be in line with other Volumes of the CBB Rulebook. AU-1.1.14, AU-1.4.11A and AU-1.4.11B 01/2012 Guidance in AU-1.1.14 amended and changed to Rule and moved to AU-1.4.11A and additional guidance added as AU-1.4.11B. AU-1.4.19 and AU-1.4.19A 01/2012 Clarified Rule AU-1.4.19 and added guidance for Category 3 investment firms. AU-1.4.33 01/2012 Added reference to Volume 5 (Administrators) and amended Rule. AU-2.2.2 and AU-2.2.3 01/2012 Restructured and amended guidance into two Paragraphs, including one guidance and one Rule. AU-2.3.2 01/2012 Clarified application of Rule for Category 1 and 2 investment firm licensees. AU-5.5.5 01/2012 Clarified Rule. AU-6.2.9B 01/2012 Guidance added to clarify the non application of fees for SPVs established for the purpose of setting up a locally domiciled CIU. AU-1.2.13, AU-1.2.13A and AU-1.2.13B 07/2012 Clarified Rule and added Paragraphs on investment consultant and investment adviser. AU-1.4.2 and AU-5.5.4A 10/2012 Corrected cross reference. AU-1.1.25, AU-1.2.13, AU-1.4.11, AU-1.4.11A, AU-1.4.15, AU-1.4.17., AU-1.4.18, AU-1.4.28, AU-1.4.29, AU-1.4.41 and AU-1.4.45 10/2012 The term 'underwrite/underwriting' has now been defined and included in the Glossary under Part B of Volume 4. AU-1.4.15 10/2012 Clarified Rule dealing with providing credit. AU-1.4.52 10/2012 Reference updated to reflect the issuance of Volume 7 (CIU). AU-A.1.11 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-1.1.24 04/2013 Added cross reference. AU-6.2 07/2013 Amended due date and collection process for annual license fees. AU-1.1.24, AU-1.1.24A and AU-1.1.24B 10/2014 Amended requirements to have a Shari'a Supervisory Board based on the category of investment firm licensee. AU-1.4.11 and AU-1.4.11B 10/2014 Clarified the meaning of dealing in financial instruments as a principal and added cross reference to approval from CBB's Capital market Supervision Directorate as well as requirements under Module OFS of Volume 6 of the CBB Rulebook. AU-5.1.7A 10/2014 Clarified that any PPM issued to raise capital must comply with module OFS and is subject to the CBB's Capital Market Supervision Directorate's prior approval. AU-A.1.11 07/2015 Legal basis updated to reflect Resolution No (23) of 2015. AU-3.2.1 07/2015 Added cross reference to Module TC. AU-5.2 07/2015 Amended to be in line with Resolution No (23) of 2015 on Prior Approval Requirements for Approved Persons. AU-5.5.5 07/2015 Clarified interim arrangements for replacement of approved person. 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-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 CBB Rulebook. AU-1.1.18 10/2016 Added subparagraph (d) AU-1.1.18A 10/2016 Changed 'not limited' to 'in relation' AU-1.1.18B 10/2016 Deleted subparagraph (f) AU-5.2.3 10/2016 Added to Rule new subparagraph (e) AU-5.6 07/2017 Added new Section on Publication of the Decision to Grant, Cancel or Amend a License AU-1.2.2 04/2018 Amended Paragraph AU-5.1.1 04/2018 Amended Paragraph AU-5.1.12E 04/2018 Amended Paragraph AU-5.2.2 04/2018 Amended Paragraph AU-1.4.41A 04/2019 Added a new Paragraph on digital investment advice. AU-1.2.7 07/2019 Amended definition of a Director. AU-1.4.33 07/2019 Amended Paragraph. AU-5.1.1 07/2019 Amended Paragraph to remove references to hardcopy Form 1 submission to online submission. AU-5.1.12H 10/2019 Changed from Rule to Guideline. AU-5.1.12I 10/2019 Changed from Rule to Guideline. AU-5.1.12J 10/2019 Changed from Rule to Guideline. AU-5.6.1 10/2019 Changed from Rule to Guideline. AU-1.1.13 07/2020 Added new sub-paragraph (ff). AU-1.1.17 07/2020 Added new sub-paragraph (c). AU-1.1.22A, AU-1.1.22B, AU-1.1.22C 07/2020 Added new Paragraphs on Arranging Credit and Advising on Credit suitability. AU-1.4.43 07/2020 Deleted Paragraph. AU-1.4.47A, AU-1.4.47B, AU-1.4.47C, AU-1.4.47D, AU-1.4.47E, AU-1.4.47F, AU-1.4.47G 07/2020 Added new Paragraphs on Arranging Credit and Advising on Credit definitions. AU-1.1.13A 10/2020 Added a new Paragraph on compliance with AAOIFI Shari’a Standards. AU-1.2.2 01/2021 Deleted Sub-paragraph (g). AU-1.2.5 01/2021 Deleted Paragraph. AU-2.2.3 01/2021 Amended Paragraph on approved persons occupying controlled functions. AU-A.1.3 01/2022 Amended Paragraph. AU-A.1.5 01/2022 Amended Paragraph. AU-A.1.10 01/2022 Deleted Paragraph. AU-B.1.2 01/2022 Amended Paragraph. AU-1.1.6 01/2022 Amended Paragraph. AU-1.1.8 01/2022 Amended Paragraph. AU-1.1.13A 01/2022 Paragraph moved to AU-1.1.24. AU-1.1.18C 01/2022 Added a new Paragraph on Category 4 Investment Firms. AU-1.1.18D 01/2022 Added a new Paragraph on Category 4 Investment Firms. AU-1.1.18E 01/2022 Added a new Paragraph on Category 4 Investment Firms. AU-1.1.18F 01/2022 Added a new Paragraph on Category 4 Investment Firms. AU-1.1.24 01/2022 Amended Paragraph. AU-1.1.24B 01/2022 Amended Paragraph. AU-1.4.48 01/2022 Amended Paragraph. AU-5.4.1 01/2022 Amended Paragraph. AU-1.1.22D – AU-1.1.22J 01/2024 Added new Paragraphs on regulated investment services involving crypto-assets requirements. Appendix AU-1 01/2024 Added a new appendix on the Requirements for Regulated Investment Services Involving Crypto Assets.