• CIU-5 CIU-5 Relevant Persons

    • CIU-5.1 CIU-5.1 General Requirements

      • CIU-5.1.1

        Relevant persons must maintain proper standards of market conduct, in relation to their role with respect to a CIU, in addition to any applicable legal and regulatory requirements (such as those imposed on them by virtue of their license, in the case of CBB licensees).

      • CIU-5.1.2

        To demonstrate compliance with Rule CIU-5.1.1, relevant persons are thus expected, in relation to their role with respect to a CIU, to:

        (a) Observe high standards of integrity and fair dealing, including being honest and straightforward in their dealings with clients;
        (b) Take all reasonable steps to identify, and prevent or manage, potential or actual conflicts of interest that could harm the interests of a client (such steps to include, wherever appropriate, declaring such conflicts). This includes a prohibition on administrators and custodians being participants in a CIU in respect of which they are a relevant person — unless, in the case of overseas domiciled CIUs, the applicable regulations of their jurisdiction of domicile permit such investments;
        (c) Act with due skill, care and diligence;
        (d) Act impartially and refrain from any action which may be to the advantage of one CIU and/or its participants, at the expense of another CIU and/or its participants;
        (e) Observe in full any obligations of confidentiality, including with respect to client information. This requirement does not over-ride lawful disclosures;
        (f) Observe proper standards of market conduct, and avoid action that would generally be viewed as improper;
        (g) Take reasonable care to safeguard the assets of clients for which they are responsible, and ensure that those assets are kept separate from their own assets and are separately identifiable from the assets of other CIUs with which they are involved;
        (h) Pay due regard to the legitimate interests and information needs of the clients and communicate with them in a fair and transparent manner;
        (i) Act in an open and co-operative manner with CBB and other regulatory/supervisory bodies under whose authority they come under. They should take reasonable care to ensure that their activities comply with all applicable laws and regulations;
        (j) Maintain adequate human, financial and other resources sufficient to run the CIU in an orderly manner;
        (k) Keep accurate accounts and records for each CIU for which it holds assets;
        (l) Take reasonable care to ensure that their affairs are managed effectively and responsibly, with appropriate systems and controls in relation to the size and complexity of their operations. Their systems and controls, as far as is reasonably practical, should also be sufficient to manage the level of risk inherent in their business; and
        (m) Ensure that when outsourcing functions, such outsourcing is properly controlled and that ultimate responsibility for the proper discharge of those functions is retained by the relevant person concerned.
        Amended: July 2007

      • CIU-5.1.3

        Rules CIU-1.4.9 and CIU-1.4.11 state that relevant persons must be acceptable to the CBB, in order for a retail CIU or expert CIU to be authorised. Compliance with Rule CIU-5.1.1 is an essential element of this assessment.

    • CIU-5.2 CIU-5.2 Requirements for Operators

      • CIU-5.2.1

        Operators of CIUs authorised or registered under this Module must:

        (a) Ensure compliance of the CIU with the requirements of this Module, the instrument constituting the CIU, and of its prospectus;
        (b) Take all reasonable steps to rectify any failure to comply with the obligations specified in (a) above, and to notify the CBB of such a breach as soon as it becomes aware of the fact; and
        (c) Not withdraw as operator of the CIU except upon the appointment of a new operator and subject to the prior approval of the CBB.

      • CIU-5.2.2

        Operators of Bahrain domiciled retail CIUs and Bahrain domiciled expert CIUs who have introduced seed capital into a CIU authorised or registered under this Module must not seek redemption or buy back the seed capital without the prior written approval of the CBB.

      • CIU-5.2.3

        Operators of Bahrain domiciled retail CIUs and Bahrain domiciled expert CIUs are liable for any loss suffered by participants, because of of their unjustifiable failure to perform their obligations adequately, as required under the CIU documents or this Module. This liability shall not in any way be diminished by any provision in any document, save to the extent that any release or indemnity from liability relates to a prior event and/or where clients holding not less than 75% in value of the units in issue at that date have agreed to such a release or indemnity.