TC-A TC-A Introduction
TC-A.1 TC-A.1 Purpose
Executive Summary
TC-A.1.1
This Module presents requirements that have to be met by
investment firm licensees with respect to training and competency of individuals undertakingcontrolled functions (i.e.approved persons ).Amended: October 2013
Adopted: July 2010TC-A.1.2
Module TC provides Rules and Guidance to
Investment firm licensees to ensure satisfactory levels of competence, in terms of an individual's knowledge, skills, experience, and professional qualifications.Investment firm licensees , are required to demonstrate that individuals undertakingcontrolled functions are sufficiently competent, and are able to undertake their respective roles and responsibilities.Amended: October 2013
Adopted: July 2010TC-A.1.3
The Rules build upon Principles 3 and 9 of the Principles of Business (see Module PB (Principles of Business)). Principle 3 (Due Skill, Care and Diligence) requires an
investment firm licensee to observe high standards of integrity and fair dealing, and to be honest and straightforward in its dealings with clients. Principle 9 (Adequate Resources) requires aninvestment firm licensee to maintain adequate human, financial and other resources sufficient to run its business in an orderly manner.Adopted: July 2010TC-A.1.4
Condition 4 of the Central Bank of Bahrain's ('CBB') Licensing Conditions (Chapter AU-2.4) and Condition 1 of the Approved Persons regime (Chapter AU-3.1) impose further requirements. To satisfy Condition 4 of the CBB's Licensing Conditions, an
investment firm licensee's staff, taken together, must collectively provide a sufficient range of skills and experience to manage the affairs of thelicensee in a sound and prudent manner (AU-2.4). This condition specifies thatinvestment firm licensees must ensure their employees meet any training and competency requirements specified by the CBB. Condition 1 of the Approved Persons Conditions (AU-3.1) sets forth the 'fit and proper' requirements in relation to competence, experience and expertise required byapproved persons .Amended: January 2011
Adopted: July 2010Legal Basis
TC-A.1.5
This Module contains the CBB's Directive (as amended from time to time) relating to Training and Competency and is issued under the powers available to the CBB under Articles 38 and 65 of the Central Bank of Bahrain and Financial Institutions Law 2006 ('CBB Law'). The Directive in this Module is applicable to all
investment firm licensees (including theirapproved persons ).Amended: January 2011
Adopted: July 2010TC-A.1.6
Chapter AU-3 of Module AU (Authorisation), specifies that
approved persons must be assessed by the CBB as 'fit and proper' to hold such a position. The Chapter specifies various factors that the CBB takes into account when reaching such a decision.Adopted: July 2010TC-A.1.7
For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.
Adopted: July 2010TC-A.2 TC-A.2 Module History
Evolution of the Module
TC-A.2.1
This Module was first issued in July 2010. Any material changes that are subsequently made to this Module are annotated with the calendar quarter date in which the change is made; Chapter UG-3 provides further details on Rulebook maintenance and version control.
Adopted: July 2010TC-A.2.2
A list of recent changes made to this Module is provided below:
Module Ref. Change Date Description of Changes TC-A.1.5 01/2011 Clarified legal basis. TC-1.1.6, 1.1.9, 1.1.11, 1.1.13, 1.1.15, 1.1.18, 1.1.20 and 1.1.22 01/2011 Paragraphs deleted as considered duplicate and found in other parts of Volume 4. TC-1.1.16 01/2011 Amended requirements for position of MLRO. Appendix TC-1 01/2011 Clarified how competence can be demonstrated for the position of Director. TC-1.1.7, TC-1.1.8, TC-1.1.10, TC-1.1.14 04/2011 Corrected cross references. Appendix TC-1 01/2012 Added core competencies for compliance officer. Module TC 10/2013 Removed references to Deputy Money Laundering Officer (DMLRO) to be in line with changes made to Module AU in January 2011. Module TC 10/2013 Removed references to appointed representatives. TC-B.1.4 07/2014 Clarified scope of application to include board members. Appendix TC-1 10/2015 Added additional example of certification for financial instruments trader. TC-1.1.17 01/2016 Corrected typo. TC-A.2.3
Guidance on the implementation and transition to Volume 4 (Investment Business) is given in Module ES (Executive Summary).
Adopted: July 2010