GR-7.1 GR-7.1 Key Provisions
GR-7.1.1
Licensees must obtain prior written approval from the CBB for any changes to theircontrollers (as defined in Section GR-7.2):April 2016GR-7.1.2
Condition 3 of the CBB's licensing conditions specifies, among other things, that
licensees must satisfy the CBB that theircontrollers are suitable and pose no undue risks to thelicensee (See Paragraph AU-2.3.1). There are also certain procedures which are set out in Articles 52 to 56 of the CBB Law oncontrollers .April 2016GR-7.1.3
Applicants for a license must provide details of their
controllers , by submitting a duly completed Form 2 (Application for Authorisation of Controller). (See sub-Paragraph AU-4.1.4(a)).April 2016GR-7.1.4
Where a
controller is a legal person, thecontroller must notify the CBB of any change in its shareholding at the earlier of:(a) When the change takes effect; and(b) When thecontroller becomes aware of the proposed change.April 2016GR-7.1.5
For approval under Paragraph GR-7.1.1 to be granted, the CBB must be satisfied that the proposed
controller or increase in control poses no undue risks to thelicensee or the financial system. The CBB may impose any restrictions that it considers necessary to be observed where approval is given for a new or a change incontroller . A duly completed Form 2 (Controllers) must be submitted as part of the request for a change incontrollers . An approval ofcontroller will specify the applicable period for effecting the proposed acquisition of shares.April 2016GR-7.1.6
If, as a result of circumstances outside the
licensee's knowledge and/or control, a change in controller is triggered prior to CBB approval being sought or obtained, thelicensee must notify the CBB no later than 15 calendar days on which those changes have occurred.Amended: January 2017
April 2016GR-7.1.7
The approval provisions outlined above do not apply to existing holdings or existing voting control by
controllers already approved by the CBB. The approval provisions apply to new/prospectivecontrollers or to increases in existing holdings/voting control.April 2016GR-7.1.8
Licensees are required to notify the CBB as soon as they become aware of events that are likely to lead to changes in theircontrollers .April 2016GR-7.1.9
The criteria by which the CBB assesses the suitability of
controllers are set out in Section GR-7.3. The CBB aims to respond to requests for approval within 30 calendar days and is obliged to reply within 3 months to a request for approval. The CBB may contact references and supervisory bodies in connection with any information provided to support an application forcontroller . The CBB may also ask for further information, in addition to that provided in Form 2, if required to satisfy itself as to the suitability of the applicant.April 2016GR-7.1.10
Licensees must submit, within 3 months of their financial year-end, a report on theircontrollers (See Subparagraph BR-1.1.3(d)). This report must identify allcontrollers of thelicensee , as defined in Section GR-7.2, the extent of their shareholding interests and any change in their legal status or any adverse information on thecontrollers .April 2016GR-7.1.1A
Licensees must not incur or otherwise have an exposure (either directly or indirectly) to theircontrollers , includingsubsidiaries andassociated companies of suchcontrollers .Added: April 2019GR-7.1.1B
For the purpose of Paragraph GR-7.1.1A,
licensees that already have an exposure tocontrollers must have an action plan agreed with the CBB's supervisory point of contact to address such exposures within a timeline agreed with the CBB.Added: April 2019