AU-4.3 AU-4.3 Approved Persons
AU-4.3.1
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 5 Part B Authorisation Forms of the CBB Rulebook.Amended: January 2016
Amended: July 2015
January 2013AU-4.3.2
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 and Policy Directorate. When the submission to undertake acontrolled function is in relation to an existinglicensee , the Form 3, except if dealing with a MLRO and the Deputy MLRO, must be marked for the attention of the applicable Director, Banking Supervision Directorate responsible for the supervision of thelicensee . In the case of the MLRO and Deputy MLRO, Form 3 should be marked for the attention of the Director, Compliance Directorate.January 2013AU-4.3.3
When submitting the Forms 3,
licensees must ensure that the Form 3 is:(a) Submitted to the CBB with a covering letter signed by an authorised representative of thelicensee , 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) Is signed by an authorised representative of thelicensee and all pages stamped with thelicensee's seal.Amended: July 2015
January 2013AU-4.3.3A
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-4.3.4
For existing
licensees applying for the appointment of aDirector 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 aDirector or theChief Executive /General Manager .Amended: July 2015
January 2013AU-4.3.5
[This Paragraph was deleted in July 2015.]
Deleted: July 2015AU-4.3.6
[This Paragraph was moved to Paragraph AU-4.3.3A in July 2015.]
Amended: July 2015
January 2013Assessment of Application
AU-4.3.6A
The CBB shall review and assess the application for
approved person status to ensure that it satisfies all the conditions required in Paragraph AU-3.1.3 and the criteria outlined in Paragraph AU-3.1.5.Amended: January 2016
Added: July 2015AU-4.3.6B
For purposes of Paragraph AU-4.3.6A,
licensees should give the CBB a reasonable amount of notice in order for an application to be reviewed. The CBB shall respond within 15 business days from the date of meeting all regulatory requirements, including but not limited to receiving the application complete with all the required information and documents, as well as verifying references.Amended: January 2016
Added: July 2015AU-4.3.6C
The CBB reserves the right to refuse an application for
approved person status if it does not satisfy the conditions provided for in Paragraph AU-3.1.3 and does not satisfy the CBB criteria in Paragraph AU-3.1.5. A notice of such refusal is issued by registered mail to thelicensee concerned, setting out the basis for the decision.Amended: January 2016
Added: July 2015AU-4.3.7
[This Paragraph was deleted in January 2016.]
Deleted: January 2016
Amended: July 2015
January 2013Appeal Process
AU-4.3.7A
Licensees or the nominatedapproved persons may, within 30 calendar days of the notification, appeal against the CBB's decision to refuse the application forapproved person status. The CBB shall decide on the appeal and notify thelicensee of its decision within 30 calendar days from submitting the appeal.Added: July 2015AU-4.3.7B
Where notification of the CBB's decision to grant a person
approved person status is not issued within 15 business days from the date of meeting all regulatory requirements, including but not limited to, receiving the application complete with all the required information and documents,licensees or the nominatedapproved persons may appeal to the concerned Executive Director, Banking Supervision of the CBB provided that the appeal is justified with supporting documents. The CBB shall decide on the appeal and notify thelicensee of its decision within 30 calendar days from the date of submitting the appeal.Amended: January 2016
Added: July 2015Notification Requirements and Process
AU-4.3.8
Licensees must immediately notify the CBB when anapproved person ceases to hold acontrolled function together with an explanation as to the reasons why (see Paragraph AU-4.5.7). In such cases, theirapproved person status is automatically withdrawn by the CBB.January 2013AU-4.3.9
Licensees must immediately notify the CBB in case of any material change to the information provided in a Form 3 submitted for anapproved person .January 2013AU-4.3.10
Licensees must immediately notify the CBB when they become aware of any of the events listed in Paragraph EN-8.2.3, affecting one of theirapproved persons .January 2013AU-4.3.10A
Licensees must immediately notify the CBB should they become aware of information that could reasonably be viewed as calling into question an approved person’s compliance with CBB’s ‘fit and proper’ requirement (see AU3.1).Added: January 2021Change in Controlled Function
AU-4.3.11
Licensees must seek prior CBB approval before anapproved person may move from onecontrolled function to another within the samelicensee .January 2013AU-4.3.12
In such instances, a new Form 3 (Application for Approved Person status) should be completed and submitted to the CBB. Note that a person may be considered 'fit and proper' for one
controlled function , but not for another, if for instance the new role requires a different set of skills and experience. Where anapproved person is moving to acontrolled function in anotherlicensee , the firstlicensee should notify the CBB of that person's departure (see Rule AU-4.5.7), and the newlicensee should submit a request for approval under Rule AU-1.2.1.January 2013