Client Money
MIR-4.7.10
The
member must holdclient money in a separate client bank account designated for the purpose of settlement of the client's transaction.Adopted January 2010MIR-4.7.11
A
client bank account is an account maintained by the Settlement Bank or other designated licensed bank holdingclient money of one or moreclients in a bank account designated as such, in accordance with the terms of agreement with theclient /clients .Adopted January 2010MIR-4.7.12
Client bank accounts may only be opened with banks licensed by the CBB to do business in the Kingdom of Bahrain, after being subject to due diligence by themember. Adopted January 2010MIR-4.7.13
For the purpose of rule MIR-4.7.12 when undertaking due diligence, the
member should take reasonable steps to establish that the bank is appropriate considering, among other factors, the following:(a) Whether it is acceptable to theSRO ;(b) Whether it is a duly licensed bank in good regulatory standing;(c) The capital adequacy of the bank;(d) The amount ofclient money to be placed, as a proportion of the bank's capital and deposits; and(e) The credit rating of the bank, if available.Adopted January 2010MIR-4.7.14
If a
member holds or controlsclient assets which are not subject to theclient asset provisions in an arrangement with amarket counterparty , it must disclose to thatmarket counterparty in writing that:(a) The protections conferred by theclient asset protection rules do not apply to suchclient money ;(b) As a consequence of (a), suchclient assets may be mixed with money belonging to themember , and may be used by themember in the course of the clearing and settling of theclients 'securities transaction; and(c) In the event of insolvency, winding up of themember or other distribution event stipulated by the laws, rules and regulations, theclients assets shall not be considered as a part of the member's assets.Adopted January 2010