GR-5.3.3
In assessing the suitability of
(a) Whether the approval or refusal of a controller is or could be detrimental to the licensee , Bahrain's financial sector and the national interest of the Kingdom of Bahrain;
(b) The legitimate interests of clients, creditors, non-controlling interests, and all other stakeholders of the licensee ;
(c) A conviction or finding of guilt in respect of any offence, other than a minor traffic offence, by any court or competent jurisdiction;
(d) Any adverse finding in a civil action by any court or competent jurisdiction, relating to fraud, misfeasance or other misconduct in connection with the formation or management of a corporation or partnership;
(e) Whether the person has been the subject of any disciplinary proceeding by any government authority, regulatory agency or professional body or association;
(f) The contravention of any financial services legislation or regulation;
(g) Whether the person has ever been refused an authorisation as controller , a license to undertake regulated activities by the CBB or any other regulator in another jurisdiction;
(h) Dismissal or a request to resign from any office or employment;
(i) Disqualification by a court, regulator or other competent body, as a Director or as a manager of a corporation;
(j) Whether the person has been a Director , partner or manager of a corporation or partnership which has gone into liquidation or declared bankrupt or one or more of its partners or managers have been declared bankrupt;
(k) The extent to which the person has been truthful and open with regulators;
(l) Whether the person has ever been adjudged bankrupt, entered into any arrangement with creditors in relation to the inability to pay due debts, or failed to satisfy a judgement debt under a court order or has defaulted on any debts;
(m) The track record as a controller in another company or investor in a financial institution, whether in the Kingdom of Bahrain or abroad;
(n) The financial resources of the person and the stability of their shareholding;
(o) Existing Directorships or ownership of more than 20% of the issued or paid up capital in any financial institution in the Kingdom of Bahrain or elsewhere, and the potential for conflicts of interest that such Directorships or ownership may imply;
(p) The ability of the person to deal with existing shareholders and the Board in a constructive and co-operative manner; and
(q) The propriety of a person's conduct, whether or not such conduct resulted in conviction for a criminal offence, the contravention of a law or regulation, or the institution of legal or disciplinary proceedings.
Amended: October 2015
Amended: July 2007
Amended: July 2007