MIR-7.1 MIR-7.1 Business Transfer
MIR-7.1.1
A licensed
member shall not transfer all or any part of its business related toregulated activities to others, without prior approval from the CBB.Amended: April 2013
Adopted January 2010MIR-7.1.2
A licensed
member who desires to transfer all or any part of its business referred to in rule MIR-7.1.1, shall make an application to the CBB in Form 5 (Approval for Business Transfer), as well as to thelicensed exchange and/orlicensed clearing house , as the case may be.Amended: April 2013
Adopted January 2010MIR-7.1.3
A Transfer of Business application referred to under paragraph MIR-7.1.2, shall be published in the Official Gazette and also in 2 daily newspapers, one in Arabic and one in English in Bahrain. The publication should include a call to the
SRO , or any concerned parties to submit any objections to the CBB within 60 days from the date of publication.Adopted January 2010MIR-7.1.4
The CBB shall consider the objections referred to in paragraph MIR-7.1.3 before taking any action on the application for transfer.
Adopted January 2010MIR-7.1.5
The following shall apply in order to approve a business transfer application:
(a) The business, subject of transfer, shall not be prohibited by the CBB;(b) The Transfer of Business shall not cause damage to the interests of themember's users andclients ;(c) The transferee must be licensed to carry out the business in the place to which it is to be transferred;(d) The transferee company should fulfil all the eligibility criteria laid down in this Module; and(e) The CBB must be satisfied that the Transfer of Business is appropriate under relevant regulations issued in this respect.Adopted January 2010MIR-7.1.6
The CBB shall give its approval to a Transfer of Business if the application satisfies the requirements set in rule MIR-7.1.5. Such approval may be given subject to any conditions deemed appropriate by the CBB.
Adopted January 2010MIR-7.1.7
The decision of the CBB on a Transfer of Business shall be published in the Official Gazette as well as in 2 daily newspapers, one in Arabic and one in English in Bahrain. The decision shall be effective from the date set therein.
Adopted January 2010MIR-7.1.8
An applicant whose application has been turned down or who faces restrictions regarding the transfer of his business may appeal to a competent court within 30 days from the date of publishing of such decision on the Official Gazette.
Adopted January 2010