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C4-3.3.4

Category 4 investment firms must ensure the following in respect of custody of assets of the CIUs:

(a) Undertake an appropriate risk assessment of that custodian and document the same;
(b) That the client will assume the unsecured credit risk of the custodian or third party with whom the licensee places the client assets that it holds;
(c) If applicable, that client assets may be held in a jurisdiction outside the Kingdom of Bahrain;
(d) Agree with the client the details of any claims or set offs which the licensee may have in client assets held on behalf of the client in satisfaction of a default by the client or otherwise, and any rights which the licensee may have to closeout or liquidate contracts or positions in respect of any of the client assets, without the client’s prior instruction or consent; and
(e) Obtain clients’ consent in writing for the arrangements for custody in a document which gives clear information on:
i. The terms governing the way in which the client assets will be held and the obligations and responsibilities of the licensee and/or of the third-party custodian (where applicable), the clients (including the terms for the restitution of the financial instruments);
ii. The risks involved; and
iii. Whether interest on client money held is payable to the client and, if so, the terms and frequency of such payments.
Added: January 2022