OFS-A.2 OFS-A.2 Division of Responsibilities
Responsibility of the CBB
OFS-A.2.1
A clear division of responsibilities between the CBB as the
securities regulator, theissuer ofsecurities and thelicensed exchanges or thelicensed market operators as a self-regulatory organisation (SRO) is required:(a) To maximise the regulatory effectiveness;(b) To permit flexibility to thelicensed exchanges or thelicensed market operators in their functioning;(c) To achieve greater efficiency and transparency in the enforcement of the laws, rules and regulations; and(d) To minimise the regulatory cost.January 2014OFS-A.2.2
As a regulator, the CBB's role is as follows:
(a) Regulatory supervision;(b) Maintaining and promoting fairness, efficiency and transparency within the capitalmarket ;(c) Enhancing the efficiency of the capital-raising process;(d) Ensuring full, timely and accurate disclosure of financial and other information material to investors;(e) Ensuring fair and equal treatment to all securities, subscribers, allottees, and holders;(f) Ensuring adherence to international accounting, reporting and auditing standards;(g) Ensuring that the issuer of securities, the licensed exchanges, licensed market operators, licensed clearing houses, depositories' institutions, and othercapital market advisory services providers and members of SROs have appropriate systems and procedures for ensuring compliance with the CBB Law and disclosure requirements by listed companies and issuers; and(h) Facilitating the introduction of a broad range of capital market products and services.January 2014Responsibility of SROs
OFS-A.2.3
The
licensed exchange or thelicensed market operator established as an SRO must comply with the requirements laid down under the CBB Law, this Module and other applicable laws and regulations.January 2014OFS-A.2.4
As an SRO, the main objective of the exchange or the operator would be to:
(a) Promote fairness and investor protection;(b) Ensure fair access tomarket facilities and information;(c) Provide timely and accessible relevantmarket data;(d) Ensure the efficient regulation of its members;(e) Ensure compliance with CBB Law, listing rules and disclosure requirements by listed companies and issuers;(f) Ensure immediate dissemination and publication of relevant information related toissuers ;(g) Report any non-compliance to the regulator; and(h) Take disciplinary action against any contravention by listed companies.January 2014Responsibility of Issuers and Advisors
OFS-A.2.5
The
issuer ofsecurities in/from Bahrain or any person acting on its behalf must comply with the requirements laid down under the CBB Law, this Module and the other applicable laws, rules and regulations.January 2014OFS-A.2.6
The main responsibility for the
issuer ofsecurities or any other person acting on its behalf is to:(a) Adhere to the CBB Law, rules and regulations and any other applicable laws, rules and regulations;(b) Ensure and accept responsibility for the information contained in theprospectus or other offering documents and that these documents do not contain any false or misleading information or data and omissions likely to affect the importance and completeness of theprospectus , or offering documents;(c) Ensure fair and equal treatment of all subscribers, allottees and holders of each type ofsecurities issued by it ;(d) Use an effective and efficient mechanism for capital raising for financing their businesses or any expansions thereof;(e) Using the most professional capital market advisory services provider; and(f) Ensure adherence of allcapital market advisory services providers involved to all requirements regarding protecting and maintaining the subscribers money, in accordance with the applicable laws, rules and regulations.January 2014