Prior Approval Requirements and Process
AU-5.2.1
Investment firm licensees must obtain CBB's prior written approval before a person is formally appointed to acontrolled function . The request for CBB approval must be made by submitting to the CBB a duly completed Form 3 (Application for Approved Person status) and Curriculum Vitae after verifying that all the information contained in the Form 3, including previous experience, is accurate. Form 3 is available under Volume 4 Part B Authorisation Forms of the CBB Rulebook.Amended: January 2016
Amended: July 2015
Amended: October 2009
July 2007AU-5.2.2
When the request for
approved person status forms part of a license application, the Form 3 must be marked for the attention of the Director, Licensing Directorate. When the submission to undertake acontrolled function is in relation to an existinginvestment firm licensee , the Form 3, except if dealing with a MLRO, must be marked for the attention of the Director, Financial Institutions Supervision Directorate. In the case of the MLRO, Form 3 should be marked for the attention of the Director, Compliance Directorate.Amended: April 2018
Amended: April 2008
Amended: July 2007AU-5.2.3
When submitting Form 3,
investment firm licensees must ensure that the Form 3 is:(a) Submitted to the CBB with a covering letter signed by an authorised representative of theinvestment firm licensee , seeking approval for the proposedcontrolled function ;(b) Submitted in original form;(c) Submitted with a certified copy of the applicant's passport, original or certified copies of educational and professional qualification certificates (and translation if not in Arabic or English) and the Curriculum Vitae; and(d) Signed by an authorised representative of thelicensee and all pages stamped with thelicensee's seal.(e) Submitted with the existing organisation chart or a proposed organisation chart (if the existing organisation chart is to be amended) reflecting the reporting line of the applicant. This is for all controlled functions listed in Rule AU-1.2.2 except a & e.Amended: October 2016
Amended: July 2015
Amended: October 2009AU-5.2.3A
Investment firm licensees seeking to appoint Board Directors must seek CBB approval for all the candidates to be put forward for election/approval at a shareholders' meeting, in advance of the agenda being issued to shareholders. CBB approval of the candidates does not in any way limit shareholders' rights to refuse those put forward for election/approval.Added: July 2015AU-5.2.4
For existing licensees applying for the appointment of a
Director or theChief Executive /General Manager , the authorised representative should be the Chairman of the Board or aDirector signing on behalf of the Board. For all othercontrolled functions , the authorised representative should be theChief Executive /General Manager .Amended: July 2015
Amended: October 2009AU-5.2.5
[This Paragraph was deleted in July 2015.]
Deleted: July 2015AU-5.2.6
[This Paragraph was moved to Paragraph AU-5.2.3A in July 2015.]
Amended: July 2015
Amended: October 2009
Amended: July 2007