• CIU-1.2 CIU-1.2 The Instrument Constituting the CIU

    • CIU-1.2.1

      Every Bahrain domiciled retail CIU must have an instrument constituting the CIU, containing the information listed in Appendix A.

    • CIU-1.2.2

      The operator of a Bahrain domiciled retail CIU together with the directors of the CIU concerned (or trustees in the case of a trust arrangement) must ensure that the instrument constituting the CIU:

      (a) Does not contain information that is untrue, misleading, or unfairly prejudicial to the interests of the CIU participants;
      (b) Does not contain any provisions that conflict with either CBB requirements or other laws and regulations, that may apply to the CIU operator, manager and other relevant persons to the CIU; and
      (c) Is not unfairly prejudicial to the interests of the CIU participants, either generally or to a particular class of CIU participant.

    • CIU-1.2.3

      The operator of a Bahrain domiciled retail CIU together with the directors of the CIU concerned (or trustees in the case of a trust arrangement) must maintain the instrument constituting the CIU and make any necessary revisions in accordance with applicable legislation as and when required.

    • CIU-1.2.4

      Once authorised, prior approval must be obtained from the CBB for any subsequent material changes to the instrument. An updated copy of the instrument must be made available to the CBB within 30 calendar days of the revision being agreed.

    • CIU-1.2.5

      The operator of a Bahrain domiciled retail CIU must make available for inspection, free of charge by any member of the public in an office in Bahrain, the following documents:

      (a) The instrument constituting the CIU;
      (b) The prospectus (both simplified and full);
      (c) All annual and half yearly reports issued to date by the CIU; and
      (d) Copies of all CBB approvals, where required.