GR-7.1 GR-7.1 CBB Approval
GR-7.1.1
As specified in Article 50 of the CBB Law, an
investment firm licensee wishing to cease to provide or suspend all or any of its licensed regulated services, completely or at any of its branches, must obtain prior written approval from the CBB.Amended: October 2011
Amended: July 2007GR-7.1.2
If the
investment firm licensee wishes to transferclient assets to a third party, it must also comply with the requirements contained in Chapter GR-4.Amended: July 2007GR-7.1.2A
If the
investment firm licensee wishes to liquidate its business, the CBB will revise its license to restrict the firm from entering into new business. The licensee must continue to comply with all applicable CBB requirements until such time as it is formally notified by the CBB that its obligations have been discharged and that it may surrender its license.Adopted: October 2011GR-7.1.3
In the case of a
Bahraini investment firm licensee , Chapter GR-7 applies both to its business booked in Bahrain and in the firm's overseas branches. In the case of anoverseas investment firm licensee , Chapter GR-7 applies only to business booked in the firm's Bahrain branch.Adopted: July 2007GR-7.1.4
Investment firm licensees seeking to obtain the CBB's permission to cease business must apply to the CBB in writing, in the form of a formal request together with supporting documents. Unless otherwise directed by the CBB, the following requirements must be provided in support of the request:(a) Full details of the business to be terminated;(b) The rationale for the cessation;(c) How thelicensee proposes to cease business;(d) Notice of an Extraordinary Meeting setting out the agenda to discuss and approve the cessation, and inviting the CBB for such meeting;(e) Evidence that the proposed cessation has been duly authorised by thelicensee (such as a certified copy of a Board resolution approving the cessation).(f) Formal request to the CBB for the appointment of a liquidator acceptable to the CBB;(g) A cut-off date by which thelicensee will stop its operations;(h) If theinvestment firm licensee wishes to cease its whole business, confirmation that thelicensee will not enter into new business with effect from the cut-off date;(i) Once the CBB has given its approval to an application to cease business, thelicensee must publish a notice of its intention to cease business in two local daily newspapers (one in Arabic, the other in English). Notices must also be displayed in the premises (including any branch offices) of thelicensee concerned. These notices must be given not less than 30 calendar days before the cessation is to take effect, and must include such information as the CBB may specify;(j) The audited accounts of thelicensee as of the last date on which it stopped operations. The commencement of such accounts should be the beginning of the financial year of thelicensee ;(k) If applicable, an assessment of the impact of the cessation on any customers directly affected by the cessation, and any mitigating factors or measures;(l) If applicable, an assessment of the impact of the cessation on thelicensee's remaining business and customers, and any mitigating factors or measures; and(m) The final liquidator's report of thelicensee .Amended: October 2011
Amended: October 2009
Adopted: July 2007GR-7.1.5
Licensees intending to apply to cease business are advised to contact the CBB at the earliest possible opportunity, prior to submitting a formal application, in order that the CBB may determine the nature and level of documentation to be provided and the need for an auditor or other expert opinion to be provided to support the application. The documentation specified in Paragraph GR-7.1.4 may be varied by the CBB, depending on the nature of the proposed cessation, such as the materiality of the business concerned and its impact on customers.Adopted: July 2007GR-7.1.6
Approval to cease business will generally be given where adequate arrangements have been made to offer alternative arrangements to any affected customers. The CBB's approval may be given subject to any conditions deemed appropriate by the CBB. In all cases where additional requirements are imposed, the CBB shall state the reasons for doing so.
Adopted: July 2007GR-7.1.7 [Deleted]
Deleted: October 2009GR-7.1.7
The notice referred to in Subparagraph GR-7.1.4(i) must include a statement that written representations concerning the liquidation may be submitted to the CBB before a specified day, which shall not be later than thirty calendar days after the day of the first publication of the notice. The CBB will not decide on the application until after considering any representations made to the CBB before the specified day.
Amended: October 2011
Amended: October 2009
Adopted: July 2007GR-7.1.8
Upon satisfactorily meeting the requirements set out in GR-7.1.4, the
investment firm licensee must surrender the original license certificate issued by the Licensing Directorate at the time of establishment, and submit confirmation of the cancellation of its commercial registration from the Ministry of Industry and Commerce.Amended: April 2020
Amended: October 2011
Amended: October 2009
Amended: July 2007GR-7.1.9
Where the CBB has given its approval to cancel or amend a license, then it will also publish its decision in the Official Gazette, as well as in two local daily newspapers (one in Arabic, the other in English), once this decision has been implemented.
Amended: October 2011
Amended: October 2009
Adopted: July 2007GR-7.1.9A
The publication cost of these notices mentioned in Paragraph GR-7.1.9 is to be met by the
investment firm licensee concerned.Adopted: October 2011GR-7.1.10
The
investment firm licensee must continue to comply with all applicable CBB requirements until such time as it is formally notified by the CBB that its obligations have been discharged.Amended: October 2011
Adopted: October 2009GR-7.1.11
An
investment firm licensee in liquidation must continue to meet its contractual and regulatory obligations to customers and creditors.Amended: October 2009
Amended: July 2007GR-7.1.11A
If no objections to the liquidation are upheld by the CBB, the CBB may then issue a written notice of approval for the surrender of the license.
Adopted: October 2011GR-7.1.12
If a
Category 2 investment firm or aCategory 3 investment firm applies to the CBB for voluntary surrender of its authorisation, it must ensure that suitable arrangements are in place for professional indemnity coverage, to continue in respect of any unreported claims arising from past sales or advice, in accordance with Rule GR-9.1.8.Amended: October 2011
Adopted: October 2009GR-7.1.5
Once the
investment firm licensee believes that it has discharged all its remaining contractual obligations to clients and creditors, it must publish a notice in two national newspapers in Bahrain approved by the BMA (one being in English and one in Arabic), stating that is has settled all its dues and wishes to leave the market.GR-7.1.6
The notice referred to in Paragraph GR-7.1.5 must include a statement that written representations concerning the liquidation may be sent to the BMA before a specified day, which shall not be earlier than sixty days after the day of the first publication of the notice. The BMA will not decide on the application until after considering any representations made to the BMA before the specified day.
GR-7.1.7
If no objections to the liquidation are upheld by the BMA, then the BMA may issue a written notice of approval for the surrender of the license.