CBB Volume 2: Contents
Glossary of Defined Terms
Version Date Description of Changes July 2004 Initial Launch Version. July 2006 Updated version, including new defined terms of retail bank and wholesale bank license sub-categories, and definitions of regulated Islamic banking services. April 2010 Updated Definition of Deposit in accordance with Resolution No. (23) of 2009 in respect of Definition of Deposit. October 2010 Amended definition for Chief Executive Officer; added definition of Executive director, Independent director; Non-executive director; Remuneration, and; senior manager/management. January 2011 Minor corrections and amendments for consistency purposes; Amended definition for approved person(s), collective investment undertaking, exposure(s), security(ies);
Added definition for accredited investor(s), acquisition(s), bond(s); capital instrument(s), close links, connected person(s), future(s), investment(s), investment analyst, investment research, licensed exchange(s); market, option(s), participant(s), personal account transaction, public offering(s), qualifying holding(s), real time promotion, retail customer(s), self-regulatory organisation(s) or SROs, soft dollar agreement, swap(s), warrants;
Deleted definition of independent non-executive director.
April 2011 Amended definition of derivative, executive director, insurance licensee(s).
Corrected cross reference for Bahraini Islamic bank licensee definition.
Added definition of conventional bank licensee(s) and specialised licensee(s).
October 2011 Clarified definition of independent director;
Added definition for appointed expert(s), qualified by exception.
Amended the definition of trilateral meeting.
January 2012 Amended the definition of independent director.
Added definition for underwriting.
April 2012 Corrected reference to cross reference for the definition of director;
Corrected typo in the definition of conflict of interest;
Updated definition of qualifying holdings to be in line with Module CM.
July 2012 Added definition for Bahrain domiciled CIU(s);
Amended definition of controller to be in line with module GR.
October 2012 Added definition for base rate, conspicuous notice, eligible account(s), eligible account holder(s), framework, principal, transferee and transferor.
Amended definition of Basel Committee and deposit(s) or deposit account(s).
January 2013 Amended definition of financial services, public offering(s). October 2013 Updated definition of controllers to be in line with Module GR. January 2014 Added definition for clawback, malus, material risk-takers.
Amended definition of remuneration.
July 2014 Amended definition for clawback. October 2014 Amended definition of Authorised money or value transfer service provider(s).
Amended definition for financial instruments trader.
Corrected cross reference for relevant authorities.
January 2015 Added definition of affiliate, banking group, credit risk, financial entity, market risk, minority interest, operational risk, securitisation, subsidiary and trigger event.
Amended definition for control and price risk.
Corrected cross reference for acquisition(s).
April 2015 Amended the definition of subsidiary(ies).
Deleted the definitions of head of function and qualifying holding(s).
January 2016 Amended the definition of approved person(s). April 2016 Added definition for disabled customer(s).
Amended the definition of controlled function(s).
July 2016 Amended definition of Politically Exposed Persons (PEPs). October 2016 Added definition of Major Investments July 2017 Deleted definition of Bahraini Islamic retail bank licensee(s). July 2017 Deleted definition of Bahraini Islamic wholesale bank licensees. July 2017 Added definition of Branches of foreign bank licensees. July 2017 Added definition of Country Risk. July 2017 Added definition of Islamic retail bank licensee(s). July 2017 Amended definition of Islamic wholesale bank licensee(s). July 2017 Deleted definition of Overseas Islamic bank licensees. July 2017 Deleted definition of Overseas Islamic retail bank licensee(s). July 2017 Deleted definition of Overseas Islamic wholesale bank licensee(s). July 2017 Added definition of Transfer Risk. October 2017 Added definition of Beneficial Owner. October 2018 Added definitions of LM Module. December 2018 Added definition of Account Information Service, Account Information Service Provider (AISPs), Originator Information, Payment Initiation Service, Payment Initiation Service Provider (PISPs). December 2018 Amended definition of Ancillary Service Provider. April 2019 Addition of definition of Digital Financial Advice.
[ A ]
Accepting Shari'a money placements
The acceptance of sums of money for safe-keeping ('al-wadia') in a Shari'a compliant framework, under which it will be repaid, either on demand or in circumstances agreed by the parties involved, and which is not referable to the giving of security.
Account Information Service
An 'account information service' is an online service which provides consolidated information to a payment service user on one or more payment accounts held by that payment service user with other account servicing payment service provider.Added: December 2018
Account Information Service Provider or AISP (s)
A person licensed by the CBB to undertake the activity of providing account information services online.Added: December 2018
Defined in Rule BC-9.4.6, an accredited investor includes:(a) Individuals holding financial assets (either singly or jointly with their spouse) of USD 1,000,000 or more;(b) Companies, partnerships, trusts or other commercial undertakings, which have financial assets available for investment of not less than USD 1,000,000; or(c) Governments, supranational organisations, central banks or other national monetary authorities, and state organisations whose main activity is to invest in financial instrumentsG (such as state pension funds).Added: January 2011
The acquiring by a bank of beneficial or legal ownership of capital instruments issued by another entity. This would not include securities underwriting until the expiry of the underwriting period (where separate arrangements apply elsewhere in Module CM). Acquisition may also be in the form of exercising of rights to take control of capital instruments pledged as collateral. The pledging of capital instruments by a customer to a bank as collateral (e.g. for the purpose of obtaining credit) does not in itself mean that an "acquisition" has taken place. Acquisition also does not include the establishment of new subsidiaries by the bank. Regulatory requirements for the establishment of SPVs and subsidiaries are contained in Chapter CA-5.2.Amended: January 2015
Added: January 2011
An affiliate of a bank is defined as a company that controls, or is controlled by, or is under common control with, the bank. Control has the same meaning as when used in IFRS.Added: January 2015
Agency based contract for investments
Holders of investment accounts appoint the Islamic bank to invest their funds on the basis of an agency contract in return for a specified fee or a specified fee and share of the profit if the realised profit exceeds a certain level, the latter being an incentive for the Islamic bank to achieve a return higher than expected.
Al-Muslam fihi (see Salam)
The commodity to be delivered in a Salam transaction.
Al-Muslam ileihi (see Salam)
The seller in a Salam transaction.
Al-Muslam (see Salam)
The purchaser in a Salam transaction.
Ancillary service provider
A person licensed under Volume 5 of the CBB Rulebook to undertake regulated ancillary services. These licensees are referred to as 'financial sector support institutions' under Article 1 of the CBB Law.Amended: December 2018
A duly qualified individual or firm appointed by the CBB to carry out inspections in accordance with Article 114 of the CBB Law or special investigations of licensees in accordance with Article 121 of the CBB Law. Appointed experts may be appointed in addition to the CBB's own officials. Examples of appointed experts include reporting accountants, lawyers, private investigators, expert witnesses and independent actuaries.Added: October 2011
Persons undertaking certain functions in relation to CBB licensees require prior CBB approval. These functions (called controlled functions) include board members and those occupying executive positions. The controlled functions regime supplements the licensing regime by ensuring that key persons involved in the running of licensees are fit and proper. Those authorised by the CBB to undertake controlled functions are called approved persons (see Paragraph LR-1A.1.2).Amended: January 2016
Amended: January 2011
Articles of association
Legal document establishing a corporation, outlining its structure and purpose.
Asset revaluation reserves
An asset revaluation reserve is an accounting concept and represents a reassessment of the value of a capital asset as at a particular date.
A company or other enterprise, which is not a subsidiary or joint venture, over which the bank licensee has significant influence. Significant influence means the power to participate in financial and operating policy decisions. Such influence is presumed to exist if the bank licensee owns more than 20 percent of the associate.
The firm/partnership charged with carrying out the audit of a licensee and its partners, directors and managers (see Module AU).
Authorised Money or Value Transfer Service (MVTS) Provider(s)
Any Bank or other licensee (such as a money changer) specifically authorised to effect money or value transfers.Amended: October 2014
[ B ]
Bahrain domiciled CIU(s)
Bahrain domiciled CIUs are undertakings where:(a) The legal form of the CIU is established under the laws of the Kingdom of Bahrain; and(b) The CIU documents and contractual agreements are governed by the Laws of the Kingdom of Bahrain.Added: July 2012
Bahraini Islamic bank licensee(s)
As defined in LR-A.1.8.Amended: April 2011
Bahraini Islamic retail bank licensee
Deleted [07/2017].Deleted: July 2017
Bahraini Islamic wholesale bank licensee
Deleted [07/2017].Deleted: July 2017
Any bank fully recognized as such by the relevant regulator of the country in which it is registered, except such a bank which:a. In the opinion of the central bank, is not adequately supervised by the relevant banking supervisory authority;b. The license or other authorization of which to carry on banking business is, for the time being, suspended.Amended: October 2018
Groups that engage predominantly in banking activities and are registered as banks in the relevant jurisdiction.Amended: October 2018
Added: January 2015
The rate/cost of credit that underpins lending to bank customers. Credit institutions lend to customers at basis points over base rates. Not to be confused with prime rate which is the rate/cost of credit at which a credit institution will grant a credit facility to its most creditworthy customers.Added: October 2012
Basel Capital Accord
Issued initially in July 1988 by the Basel Committee on Banking Supervision, the Basel Capital Adequacy Accord is a risk based capital adequacy methodology that defines the components of capital and applies a series of risk weights and capital charges to banks' assets and holdings of financial instruments. The Accord aims to increase the stability of the international financial system through having a single internationally acknowledged measurement of a bank's capital expressed as a percentage of its financial risks. It also serves to put internationally active banks on an equal competitive footing in respect of the measurement of their capital adequacy.
The Basel Committee was founded in 1974 by the Bank for International Settlements (BIS). It provides a forum for regular cooperation on banking supervisory matters. Its objective is to enhance understanding of key supervisory issues and improve the quality of banking supervision worldwide. It seeks to do so by exchanging information on national supervisory issues, approaches and techniques, with a view to promote common understanding.Amended: October 2012
Refers to the natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control over a legal person or arrangement. This definition should also apply to "Ultimate beneficial ownership".Added: October 2017
An instrument creating or acknowledging a present or future indebtedness (i.e. debentures, debenture stock, loan stock, bonds, certificates of deposit and any other instruments creating or acknowledging a present or future indebtedness), but excluding:(a) An instrument creating or acknowledging indebtedness for, or for money borrowed to defray, the consideration payable under a contract for the supply of goods and services;(b) A cheque or other bill of exchange, a bankers draft or a letter of credit (but not a bill of exchange accepted by a banker);(c) A banknote, a statement showing a balance on a bank account, or a lease or other disposition of property; and(d) A contract of insurance.Added: January 2011
A place of business which forms a legally dependent part of a bank and which carries out directly all or some of the transactions inherent in the business of the relevant bank. Islamic bank licensees operating as a branch are called overseas Islamic bank licensees for the purposes of Volume 2 (see LR-A.1.8).
Branches of foreign bank licensees
Foreign banks branches operating in the Kingdom of Bahrain.Added: July 2017
[ C ]
A measure of the financial strength of a bank or securities firm, usually expressed as a percentage ratio of its capital to its assets.
This includes all components of equity capital including ordinary equity, both voting and non-voting, and preference shares. It also includes convertible or hybrid financial instruments which are debt-like in character and which may be converted into equity. Also for financial institutions and insurance companies, any other financial instruments (such as subordinated debt) which are eligible as regulatory capital should also be included as capital instruments. Sukuk or senior debt instruments would not normally be regarded as "capital instruments" unless they have convertibility features. Equity-like contracts such as joint venture musharaka contracts (investments but not financing) are also included in this definition. The musharaka stake is classified as a capital instrument at onset. Shari'a compliant investment notes would be considered capital instruments if convertibility option/clause is available.Added: January 2011
Capital redemption reserves
Where shares of a company are redeemed or purchased wholly out of the company's profits, or by a fresh issue, the amount by which the company's issued share capital is diminished on cancellation of the shares shall be transferred to this reserve.
Central Counterparty (CCP)
The party that intermediates in the settlement process between counterparties to contracts related to financial instruments, becoming the buyer to every seller, and the seller to every buyer in the market.Added: October 2018
Certificate of commercial registration
Certificate issued by the Ministry of Commerce to businesses for carrying out specified activities as legal entities in the Kingdom of Bahrain.
Certificate of incorporation
A document granted by the Ministry of Commerce giving an entity its legal existence and right to function as an entity.
Certificates representing certain securities
Certificates or other instruments which confer contractual or property rights:(a) in respect of any investment held by someone other than the person on whom the rights are conferred by the certificate or other instrument; and(b) the transfer of which may be effected without requiring the consent of that person.
Combating the financing of terrorism.
Chief Executive, Chief Executive Officer or CEO
Chief executive, chief executive officer or CEO. The board shall determine that person's actual title, which may be 'CEO', 'Chief Executive Officer', 'President', 'Managing Director', or another title.
A clawback requires that an employee (or ex-employee) return to the bank the variable remuneration that was previously paid out to him/her.Amended: July 2014
Added: January 2014
A bank is defined as "closely linked" with:(a) Any person/entity which qualifies as a "controller" of the concerned bank as defined in Module GR-5 of the Rulebook;(b) Any entity which is a subsidiary of the bank;(c) Any entity which is an associate company of the bank.Added: January 2011
Any form of property, security, guarantee or indemnity provided as security for a borrower.
Collective Investment Undertaking
As defined in LR-1.3.34.Amended: January 2011
Raw materials or primary products, usually sold in bulk on an exchange (other than a financial instrument or cash), which are capable of delivery.Amended: January 2015
The unit within the Agency responsible for verifying licensees' compliance with the requirements of the BMA Law, the AML Law, this Module and other BMA Regulations relating to terrorist financing and money laundering, and for collating and monitoring suspicious transaction reports from licensees.
Conflict of interest
A situation when a person or an entity has competing professional or personal obligations to other parties in a financial transaction (e.g. underwriting a securities transaction and simultaneously advising clients whether to buy the security or not) or in ongoing financial relationships (e.g. when a bank has a director of one of its major borrowers on its board), or personal or financial interests that would make it difficult to fulfil his duties fairly.Amended: April 2012
Connected person(s)(a) The individual's spouse and his/her son, adopted son, stepson, daughter, adopted daughter, step-daughter, father, step-father, mother, step-mother, brother, step-brother, sister or step-sister, under his/her guardianship or control; or(b) A firm or corporation in which the individual or any persons mentioned in (a) has control of not less than 10% of the voting power in the firm or corporation, whether such control is exercised individually or jointly; or(c) Connected persons in relation to a firm or corporation means another firm or corporation in which the first-mentioned firm or corporation has control of not less than 10% of the voting power in that other firm or corporation.Amended: October 2012
Added: January 2011
Means a written statement in both Arabic and English languages which is easily visible and legible and displayed in all credit institutions' premises open to the public, such as websites, newspapers and other press notices.Added: October 2012
Constant Musharaka (see Musharaka)
A musharaka in which the partners' shares in the capital remain constant, throughout the period as specified in the contract.
A plan maintained to ensure the availability of critical resources and to facilitate the continuity of operations in an emergency situation
In context of liabilities, those liabilities that do not yet appear on the balance sheet (ie. guarantees, supports, lawsuit settlements). For support or recourse, the trigger may occur at any time in the future, and the loss or expenditure is highly uncertain. Once timing and the quantification of expenditure becomes clearer, provisions should be raised in respect of the contingent liability. When the amount or the timing of the contingent item becomes certain, then it ceases to be a contingent item and should be entered into the balance sheet.
Has the same meaning as when used in IFRS.Amended: January 2015
The control environment means the overall attitude, awareness and actions of directors and management regarding the internal control system and its importance in the entity.
Functions of board members and those persons undertaking executive positions at CBB Islamic bank licensees (see LR-1A.1.2).Amended: April 2016
Amended: January 2011
A controllerG is a natural or legal person who either alone, or with his associates:(a) Holds 10% or more of the shares in the licenseeG ("L"), or is able to exercise (or control the exercise) of 10% or more of the voting power in L; or(b) Holds 10% or more of the shares in a parent undertaking ("P") of L, or is able to exercise (or control the exercise) of 10% or more of the voting power in P; or(c) Is able to exercise significant influence over the management of L or P.Amended: October 2013
Amended: July 2012
Amended: January 2011
Conventional bank licensee(s)
A bank licensed by CBB under Volume 1 of the CBB Rulebook, and generally operating according to conventional finance principles (as opposed to operating in accordance with Islamic finance principles).Amended: April 2011
A bank which offers another bank (the respondent bank) an account through which the respondent bank may make payments for its own account and that of its clients. In brief, the correspondent bank acts as agent for the respondent bank. Correspondent relationships do not include transactions between banks as principals (e.g. in the wholesale market).
A counterparty is the other person in a contract. Therefore, if bank A buys a security issued by company B from broker C, bank A has counterparty risk to broker C and Issuer Risk in respect of company B. A counterparty may include any legal person or arrangement, but generally would mean the following:(a) Any individual;(b) Any unincorporated body of persons;(c) Any company which is not a member of a group;(d) Any group of companies; or(e) Any government of a State or any public bodies, local authorities or nationalised industries of a State.Amended: January 2011
The risk of exposure to loss caused by events in a foreign country. The concept is broader than sovereign risk as all forms of lending or investment activity whether to/with individuals, corporates, banks or governments are covered.Added: July 2017
Is defined as the potential that a bank's borrower or counterparty will fail to meet its obligations in accordance with agreed terms. Credit risk exists throughout the activities of a bank in the banking book and in the trading book and includes on- and off-balance sheet exposures.Added: January 2015
In relation to clients' assets, this refers to the safeguarding and administering of a client's investments.
A customer is:
Groups or individuals who have a business relationship with the organization — those who receive and use or are directly affected by the products and services of the organization.
[ D ]
Dealing in Shari'a compliant financial instruments as agent
Dealing in Shari'a compliant financial instruments as agent means buying, selling, subscribing for or underwriting any Islamic financial instrument on behalf of a client (see LR-1.3.25 ff).
Dealing in Shari'a compliant financial instruments as principal
Dealing in Shari'a compliant financial instruments as principal means buying, selling, subscribing for or underwriting any Islamic financial instrument on one's own account (see LR-1.3.22 ff).
Failure to service a credit in accordance with agreed terms, e.g. late or incomplete payments, or infringement of any other material provision of the credit documentation.
Also known as clearing deposits or guarantee fund contributions (or any other names), are clearing members' funded or unfunded contributions towards, or underwriting of, a CCP's mutualized loss-sharing arrangements.Added: October 2018
Deposit(s) or Deposit account(s)
For the purposes of the CBB Law, refer to Resolution No. (23) of 2009 in respect of Definition of Deposit (see Appendix CP-2).Amended: October 2012
A generic term for a financial instrument whose value is dependent on, or derived from, the changes in the absolute or relative value of some underlying asset or market index or rate. Often used for futures, options and swaps.Amended: January 2015
Any of the following investment exchanges:— American Stock Exchange— Australian Stock Exchange— Bolsa Mexicana de Valores— Bourse de Montreal Inc— Channel Islands Stock Exchange— Chicago Board of Trade— Chicago Board Options Exchange— Chicago Stock Exchange— Coffee, Sugar and Cocoa Exchange, Inc— Euronext Amsterdam Commodities Market— Hong Kong Exchanges and Clearing Limited— International Securities Market Association— Johannesburg Stock Exchange— Kansas City Board of Trade— Korea Stock Exchange— MidAmerica Commodity Exchange— Minneapolis Grain Exchange— New York Cotton Exchange— New York Futures Exchange— New York Stock Exchange— New Zealand Stock Exchange— Osaka Securities Exchange— Pacific Exchange— Philadelphia Stock Exchange— Singapore Exchange— South African Futures Exchange— Tokyo International Financial Futures Exchange— Tokyo Stock Exchange— Toronto Stock Exchange
Digital Financial Advice
Digital financial advice, also commonly known as robo-advice or automated advice is the advising on financial instruments as defined under LR-1.3.45 using algorithms and technology and with limited or no human financial advisor involvement.Added: April 2019
Diminishing Musharaka (see Musharaka)
A musharaka in which the Islamic bank agrees to transfer gradually to the other partner its (the Islamic bank's) share in the Musharaka, so that the Islamic bank's share declines and the other partner's share increases until the latter becomes the sole proprietor of the venture.
A person who acts in the capacity of director of a firm (whether appointed or not, or whether titled director or not). In the case of a sole trader, unincorporated body or partnership, a person directing its affairs, or a partner (of a partnership). Directors are a controlled function (cf. LR-1A.1.2).Amended: April 2012
For the purpose of Module BC 'disabled' means: all those who suffer from permanent total or partial physical or sensory impairments as a result of illness, accident, congenital or hereditary factor that may prevent them from accessing banking and financial services on an equal basis with others. These are the customers who have the ability to make their own decisions but need assistance to do so, due to their circumstances. The term 'disabled' includes visual impairments and hearing impairments and physical impairments.
People who have limited ability to take their own decisions (mental impairment) do not fall within this definition.Added: April 2016
[ E ]
Electronic banking or 'e-banking' refers to the provision of retail and small value banking products and services through electronic channels. Such products and services can include deposit-taking, lending, account management, the provision of financial advice, electronic bill payment, and the provision of other electronic payment products and services such as electronic money.
The investment, which is monetary value, as represented by a claim on the issuer, which is:(a) Stored on an electronic device;(b) Issued on receipt of funds; and(c) Accepted as a means of payment by persons other than the issuer.Amended: January 2011
Means any Deposit Account (being a deposit in accordance with the Central Bank of Bahrain Resolution No. (23) of 2009 in respect of Definition of Deposit) and Unrestricted Investment Account, and any other deposits or accounts similar in nature and which have similar characteristics which are approved by the CBB, regardless of currency, with the exception of bearer certificates of deposit.Added: October 2012
Eligible account holder(s)
Means eligible depositor and/or investor that is a natural person (resident or non-resident), holding an eligible account(s)G with an Islamic retail bank in the Kingdom. It does not include deposits and unrestricted investment accounts held with an Islamic retail bank's foreign branches operating outside the Kingdom.Added: October 2012
Means a director who is an officer or employee, or is otherwise involved in day-to-day management, of either:(a) The bank;(b) Another company which is a controllerG of the bank;(c) Another company of which the bank is a controllerG ; or(d) Another company which is controlled by a controllerG of the bank.
In this definition, the word "company" which is a controller of the bank excludes sovereigns such as government owned entities and government ministries.Amended: January 2011
The components of an "Exposure" are outlined in more detail in Module CM-4.2. In summary, an exposure is the maximum loss which the firm might suffer if:(a) A counterparty or a group of connected counterparties fail to meet their obligations; or(b) It realises assets or off-balance sheet positions.Amended: January 2011
[ F ]
Face value (see Murabaha)
The amount of a Murabaha receivable based on the price agreed between the client and the Islamic bank including the latter's profit on the transaction.
The term family refers to father, mother, husband, wife, grandfather, grandmother, grandson or granddaughter.
FATF Member State
A country which is a current member of the FATF, and which is not subject to NCCT listing or to any advisories by the FATF.
A legal entity that is authorised to manage assets on behalf of a third party. Fiduciaries include asset management entities such as pension funds and other collective investment vehicles.Added: October 2018
Financial Action Task Force (FATF)
The inter-governmental body responsible for developing and promoting policies, both nationally and internationally, to combat money laundering.
Financial contracts for differences
Comprise rights under a contract for differences, or any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss by reference to fluctuations in:(a) The value or price of investment or property of any description;(b) Any currency;(c) The rate of interest in any currency or any index of such rates including interest rate options;(d) The level of any index which is derived for the prices of an investment or physical commodity (including index options) or;(e) Any combination of the above.Amended: January 2011
An entity which conducts banking activities or other financial activities such as insurance, finance leasing, issuing credit cards, portfolio management, investment advice, money changing, factoring, forfaiting, custodial and safekeeping services, investment management or other similar activities that are ancillary to the business of banking, whether or not the entity is regulated. For the sake of clarification, special purpose vehicles are included in the definition of financial entity if such SPVs conduct any of the activities outlined above.Added: January 2015
Institutions that are defined as financial institutions by the CBB (local financial institutions) or by foreign banking regulators (foreign financial institutions); examples of financial institutions include investment companies, insurance companies and currency exchange companies.Added: October 2018
Any of the following instruments:(a) Transferable securities;(b) Islamic financial instrumentsG ;(c) Money market instruments;(d) Units in collective investment undertakingsG ;(e) Derivative contracts other than commodity derivatives;(f) Derivative contracts relating to commodities settled in cash;(g) Derivative contracts relating to commodities;(h) Credit derivatives;(i) Financial contracts for differences;(j) Other derivative contracts;(k) Interests in real estate property;(l) Certificates representing certain securities; and(m) Rights or Interests in Financial Instruments.Amended: January 2011
Financial Instruments Trader
A person who is engaged in buying or selling financial instrumentsG .Amended: October 2014
Amended: January 2011
Financial services (as used in Module LR)
For the purpose of Module LR, financial services means:(a) Any dealings in any instrument defined as a financial instrument in any Volume of the CBB Rulebook;(b) Any arrangement where money, goods or services are made available to a person in exchange for his promise to pay at a later date and that arrangement is of a type habitually provided by another person for commercial gain;(c) Any arrangement in which money is solicited from the public in return for a promise of financial gain on, or safekeeping of, that money; or(d) Any product or other financial services in the area of regulated services (regulated by the CBB) marketed in the Kingdom of Bahrain.Amended: January 2013
Framework (as used in Module OM)
For purposes of Chapter OM-8, Framework refers to the operational risk framework of a bank. An operational risk framework refers to the internal control systems of the bank and contains five inter-related elements:(a) Establishing the control culture within the bank and ensuring regular oversight by the Board and the Management of the bank;(b) Risk recognition and assessment;(c) Control activities and segregation of duties;(d) Information and communication; and(e) Monitoring activities and correcting deficiencies.Added: October 2012
Rights under a contract for the sale of a commodity or property of any other description under which delivery is to be made at a future date and at a price agreed on when the contract is made.Added: January 2011
[ G ]
The General Manager (of a firm whether incorporated in Bahrain or not) means a person who (regardless of actual title) is responsible, alone or jointly, for the conduct of the whole of the firm, or in the case of an overseas licenseeG , for all the activities of the branch. Equivalent to Chief ExecutiveG in the case of firms incorporated in Bahrain (cf. HC-2).
The idea that a company will continue to operate indefinitely, and will not go out of business and liquidate its assets.
[ H ]
Head of function
[Deleted in April 2015.]Deleted: April 2015
A strategy designed to reduce investment risk. A hedge can help lock in profits. Its purpose is to reduce the volatility of a portfolio by reducing the risk of loss.
High-Quality Liquid Asset ('HQLA')
An asset is considered to be HQLA if it can be easily and immediately converted into cash at little or no loss of value under stress scenarios.Added: October 2018
The competent regulatory authority in which the parent of a conventional bank licenseeG is incorporated, or in which the head office of a branch is incorporated.
The competent authority in which a branch of a foreign bank licensee is located or in which a subsidiary or joint venture of a foreign parent bank licensee is incorporated.
A package of two or more different kinds of risk management instruments that are usually interactive.
[ I ]
The transfer of ownership of a service for an agreed upon consideration. According to fuqaha, it has three major elements: a form, which includes an offer and a consent; two parties (a lessor (the owner of the leased asset), and a lessee (the party who reaps the services of the leased asset)); and the object of the (Ijarah) contract, which includes the rental amount and the service (transferred to the lessee).
Ijarah Muntahia Bittamleek (see also Ijarah term)
Ijarah contracts that end up with the transfer of ownership of leased assets to the lessee.
Sukuks that represent ownership of equal shares in a rented real estate or the usufruct of the real estate. These sukuk give their owners the right to own the real estate, receive the rent and dispose of their sukuk in a manner that does not affect the right of the lessee, i.e. they are tradable. The holders of such sukuk bear all cost of maintenance of and damage to the real estate.
Determination by the Board. Under Module HC an 'independent director' is a director whom the board has specifically determined has no material relationship which could affect his independence of judgment, taking into account all known facts. The board should consider that, although a particular director meets the formal requirements, he may not be independent owing to specific circumstances of the person or the bank, ownership structure of the bank, or for any other reason. The board's determination should be a good faith finding after diligent review and full discussion.
Formal Requirements. 'Independent director' means a non-executive director of the bank who, or whose family shareholders either separately or together with him or each other, does not have any material pecuniary relationships or transactions with the bank (not counting director's remuneration for this purpose) and in particular who, during the one year preceding the time in question met all the following conditions:(a) Was not an employee of the company;(b) Did not:(i) Make to, or receive from, the bank payments of more than 31,000 BD or equivalent (not counting director's remuneration);(ii) Own more than a 10% share or other ownership interest, directly or indirectly, in an entity that made to or received from the bank payments of more than such amount;(iii) Act as a general partner, manager, director or officer of a partnership or company that made to or received from the bank payments of more than such amount;(iv) Have any significant contractual or business relationship with the bankG which could be seen to materially interfere with the person's capacity to act in an independent manner,(c) Did not own directly or indirectly (including for this purpose ownership by any family member or related person) 5% or more of the shares of any type or class of the bank;(d) Was not engaged directly or indirectly as an auditor or professional advisor for the bank, and(e) Was not an associate of a Director or a member of senior management of the bank.
For purposes of this definition, the 'payments' referred to in paragraph (b)(i), (b)(ii) and (b)(iii) do not include monies received from dividends, deposits, investments and credit facilities arising from the bank's normal business activities, but instead ordinarily refer to monies received (and/or payable during the period in question) for services rendered to the bank by the director or company concerned, or paid (or payable) by the concerned director or company to the bank for services provided by the bank. The CBB may in its absolute discretion vary any such requirement (and /or restrictive effect thereof) in writing on a case-by-case basis.
Dividends, deposits, investment accounts and credit facilities are to be considered under item (b)(iv) of this definition.
For the purpose of the definition of "independent director":(a) Where the term "family" or "family member or related persons" is used reference is made to: spouse, father, mother, son(s) or daughter(s); and(b) Where the term "associate" is used reference is made to:(i) Spouse, father, mother, son(s) or daughter(s); or(ii) A person who is an employee or partner of the Director or of the firm represented or owned by the Director.Amended: January 2012
Amended: October 2011
Amended: January 2011
Independent non-executive director
Clearing members or clients funded collateral posted to the CCP to mitigate the potential future exposure of the CCP to the clearing member, arising from the possible future change in the value of the transactions.Added: October 2018
The activity which is in summary:(a) The offence of which an individual is guilty if he has information as an insider and:
(i) In the circumstances described in (b), he deals in securities that are price-affected securities in relation to the information; or(ii) (A) he encourages another person to deal in securities that are (whether or not that other knows it) price affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in (b); or (B) he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person; and(b) The circumstances referred to in (a) are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.Amended: January 2011
An insurance firm, insurance broker, insurance consultant, insurance manager or an insurance exchange operator who has been granted a licence by the CBB to undertake regulated insurance services as defined in Section AU-1.4 of Volume 3 (Insurance).Amended: April 2011
Interests in real estate property
Any financial instrument giving right to or interests in real estate property other than owner occupied properties.Amended: January 2011
A person who in the course of any business or profession invites other persons to make offers or proposals or to take other steps with a view to entering into contracts of insurance, but not a person who publishes such invitations only on behalf of, or to the order of, some other person.
Intra-group outsourcing is an arrangement in which one company within a group of companies provides services for another company within the same group that could also be or usually have been provided in-house.
An Investigator is a person appointed by the CBB under the authority of Article 121 of the CBB Law to carry out an investigation of the business of a licensee or listed company.Added January 2009
Investment(s) (as referred to in Module CM)
An investment is any holding by a bank of capital instruments issued by a third party that is not a subsidiary of the bank. Therefore holdings of subordinated debt eligible as regulatory capital issued by another financial institution would be regarded as an "investment". In this case "holding" means legal or beneficial ownership of capital instruments.Added: January 2011
Investment analyst (as referred to in Module BC)Added: January 2011
Investment firm licensee
A person licensed under Volume 4 of the CBB Rulebook.Amended: January 2011
Investment research (as referred to in Module BC)(a) The results of research into an individual financial instrumentG ;(b) Analysis of factors likely to influence the future performance of an individual financial instrumentG or its issuer; and(c) Advice or recommendations based on those results or that analysis.Added: January 2011
Investment fund managers
A commercial organisation that manages investors' money for a fee.
Investment risk reserve
Investment risk reserve is the amount appropriated by the Islamic bank out of the income of investment account holders, after allocating the mudarib share, in order to cater against future losses for investment account holders.
Islamic bank licensee
A bank licensed by BMA under Volume 2 of the BMA Rulebook, and generally operating according to Islamic finance principals (as opposed to operating in accordance with conventional finance principles).
Islamic retail bank licensee
A bank licensed by CBB under Volume 2 (i.e. a bank operating wholly under Islamic finance principles), that is able to undertake regulated Islamic banking services without restriction with residents of Bahrain or in Dinars.
Islamic retail banks licensee(s)
Banks which undertake the regulated banking services of (a) to (n) in Paragraph LR-1.3.1 for both residents and non-residents of the Kingdom of Bahrain.Amended: October 2018
Added: July 2017
Islamic wholesale bank licensee(s)
Banks which undertake the regulated banking services of (a) to (m) in Paragraph LR-1.3.1 for both residents and non-residents of the Kingdom of Bahrain, with certain restrictions for residents as defined under Paragraphs LR-1.2.13, LR-1.2.16 and LR-1.2.19.Amended: July 2017
Amended: January 2011
Issued share capital
Total amount of shares that have been issued.
A contract whereby the purchaser (al-mustasni') asks the seller (al-sani') to manufacture a specifically defined product (al-masnoo') using the seller's raw materials at a given price. The contractual agreement of Istisna'a has a characteristic similar to that of Salam in that it provides for the sale of a product not available at the time of sale. It also has a characteristic similar to the ordinary sale in that the price may be paid on credit; however, unlike Salam, the price in the Istisna'a contract is not paid when the deal is concluded. A third characteristic of the contractual agreement of Istisna'a is similar to Ijarah (employment) in that labour is required in both.
[ J ]
An agreement between two or more firms to share risk and financing responsibility in purchasing or underwriting securities, or an account owned jointly by two or more persons at a bank or brokerage house.
[ L ]
"Licensed exchange" means an exchange licensed in respect of the operation of its marketG in and from the Kingdom of Bahrain.Added: January 2011
Any person licensed by the BMA under any of the Volumes of the BMA Rulebook.
The process of terminating a bank's activities whereby all creditors are discharged either in full (a solvent liquidation), or in part (an insolvent liquidation) and any remaining funds are returned to the shareholders. This process normally takes place in accordance with the requirements of specific legislation in the country of incorporation. In Bahrain this includes the Bankruptcy and Preventative Settlements Act.
[ M ]
A multilateral development bank, which refers to any bank or lending or development body established by agreement between, or guaranteed by, two or more countries, territories or international organizations, other than for purely commercial purposes.Added: October 2018
A major investment is defined as any acquisitionG or investmentG in the capital instrumentsG of another entity by a Bahraini Islamic bank licenseeG which is equivalent to or more than 10% of the Bahraini Islamic bank licensee's consolidated total capital.Added: October 2016
A malus is a feature of a remuneration arrangement that reduces the amount of a deferred bonus, so that the amount of the payout is less than the amount of the bonus award.Added: January 2014
Managing Shari'a compliant financial instruments
Managing Shari'a compliant financial instruments means managing on a discretionary basis Shari'a compliant financial instruments on behalf of another person (see LR-1.3.27).
Managing Shari'a profit sharing investment accounts
Managing a Shari'a profit sharing investment account means managing an account, portfolio or fund, whereby a sum of money is placed with the service provider on terms that a return will be made according to an agreed Shari'a compliant profit-sharing arrangement, based either on a mudaraba or musharaka partnership (see LR-1.3.21).
Market (as referred to in the definition of licensed exchange)
"Market" means a place at which, or a facility (whether electronic or otherwise) by means of which, offers or invitations to sell, purchase or exchange securitiesG or futures contracts (including options and derivatives) regularly made on a centralised basis, being offers or invitations that are intended or may reasonably be expected to result, whether directly or indirectly, in the acceptance or making, respectively, of offers to sell, purchase or exchange securitiesG or futures contracts (whether through that place or facility or otherwise).Added: January 2011
The risk of loss in on- or off-balance-sheet positions arising from movements in market prices. The risks subject to the market risk capital requirement of Module CA are:(a) The risks pertaining to benchmark profit rate related instruments & equities in the trading book; and(b) Foreign exchange, commodities and inventory risks throughout the bank.Added: January 2015
The following table provides a non-exhaustive list of examples of key positions that should be considered as material risk-takers:
High-level category Suggested business lines Heads of significant business lines and any individuals within their control who have a material impact of the bank's risk profile Fixed income
Banks should consider how the examples in the above table apply in relation to their own organisational structure.Added: January 2014
Memorandum of association
The Memorandum of Association is the first constitutional document of a company containing fundamentals such as the name, the company's objects and powers, and its original share capital.
Mind and Management
The presence of persons with executive authority to act on behalf of the bank and who have knowledge of the customers of the bank and their business, and the business of the bank where it acts as principal.
Has the same meaning as used in IFRS.Added: January 2015
Money Laundering Reporting Officer of each bank as more particularly described in Chapter FC-4.
Means the activity constituting a criminal offence pursuant to Article 2 of the AML Decree Law No. 4 dated 29th January 2001 (see Appendix FC 1). More generally, money laundering refers to the process of hiding or disguising the true origin or ownership of the proceeds of criminal activities.
Those classes of instruments which are normally dealt in on the money market.
A partnership in profit between capital and work. It may be conducted between investment account holders as providers of funds and the Islamic bank as a mudarib. The Islamic bank announces its willingness to accept the funds of investment amount holders, the sharing of profits being as agreed between the two parties, and the losses being borne by the provider of funds except if they were due to misconduct, negligence or violation of the conditions agreed upon by the Islamic bank. In the latter cases, such losses would be borne by the Islamic bank. A Mudaraba contract may also be concluded between the Islamic bank, as a provider of funds, on behalf of itself or on behalf of investment account holders, and business owners and other craftsmen, including farmers, traders etc. Mudaraba differs from what is known as speculation which includes an element of gambling in buying and selling transactions.
Mudaraba (Muqaradah) sukuk (bonds)
These are investment sukuk that represent ownership of units of equal value in the Mudaraba equity and are registered in the names of holders on the basis of undivided ownership of shares in the Mudaraba equity and its returns according to the percentage of ownership of share. The owners of such sukuk are the rabbul-mal.
Sale of goods with an agreed upon profit mark up on the cost. Murabaha sale is of two types. In the first type, the Islamic bank purchases the goods and makes them available for sale without any prior promise from a customer to purchase them. In the second type, the Islamic bank purchases the goods ordered by a customer from a third party and then sells these goods to the same customer. In the latter case, the Islamic bank purchases the goods only after a customer has made a promise to purchase them from the bank.
A form of partnership between the Islamic bank and its clients whereby each party contributes to the capital of partnership in equal or varying degrees to establish a new project or share in an existing one, and whereby each of the parties becomes an owner of the capital on a permanent or declining basis and shall have his due share of profits. However, losses are shared in proportion to the contributed capital. It is not permissible to stipulate otherwise.
These are investment sukuk that represent ownership of Musharaka equity. It does not differ from the Mudaraba sukuk except in the organization of the relationship between the party issuing such sukuk and holders of these sukuk, whereby the party issuing sukuk forms a committee from the holders of the sukuk who can be referred to in investment decisions.
[ N ]
Financing on the basis of personal relationships rather than financial fundamentals.
Means any director who is not an executive directorG .
[ O ]
Offering Shari'a Financing Contracts
Entering into, or making arrangement for another person to enter into, a contract to provide finance in accordance with Shari'a principles, such as murabaha, bay muajjal, bay salam, ijara wa iktina and istisna'a contracts.
Off-balance Sheet ('OBS') Activities
A banks' business that does not generally involve booking assets or liabilities. Examples include the granting of standby commitments, letters of credit and guarantees.Added: October 2018
Automated Teller Machine. An unattended electronic machine in a public place (other than the premises of the owning bank), connected to a data system and related equipment and activated by a bank customer to obtain cash withdrawals and other banking services.
The deposits generated by clearing, custody and cash management activities.Added: October 2018
The risk of loss resulting from inadequate or failed internal processes, people and systems or from external events. This definition includes legal risk1 and Shari'a Compliance risk, but excludes strategic and reputational risk.
1 Legal risk includes, but is not limited to, exposure to fines, penalties, or punitive damages resulting from supervisory actions, as well as private settlements.Added: January 2015
Operating a Shari'a compliant collective investment undertaking
Operating a Shari'a compliant collective investment undertaking means operating, establishing or winding up a Shari'a compliant CIU.
Operating Ijarah (see Ijarah)
Ijarah contracts that do not end up with the transfer of ownership of leased assets to the lessee.
An option is a contract giving the buyer the right, but not the obligation, to buy or sell any of the following at a specific price on or before a certain date:(a) Currency of the Kingdom of Bahrain or any other country or territory;(b) Palladium, platinum, gold or silver; or other commodity;(c) Option to acquire or dispose of a financial instrument of the kind specified by this definition by virtue of the above.Amended: January 2011
Originator Informationa) The name of the payer;b) The address of the payer; andc) The account number of the payer (where funds are being remitted from an account with your bank).Added: December 2018
The use of a person to provide customised services to a licensee other than (a) a member of a licensee's board acting in his capacity as such (b) an individual employed by a licensee under a contract of service or (c) a licensed insurance manager providing services to a captive insurance firm.
The person providing the customised services as described in the definition of "outsourcing".
Overseas Islamic bank licensees
Deleted [07/2017].Deleted: July 2017
Overseas Islamic retail bank licensee
Deleted [07/2017].Deleted: July 2017
Overseas Islamic wholesale bank licensee
Deleted [07/2017].Deleted: July 2017
Over the counter (OTC)
A decentralised market (as opposed to an exchange market) where geographically dispersed dealers are linked by telephones and computer screens. OTC trades are more often than not denominated in non-standard amounts and on non-standard terms (e.g. maturity outside IMM dates). The term may also refer to trading in securities not listed on a stock or bond exchange.
[ P ]
Payment Initiation Service
A 'payment initiation service' is an online service to initiate a payment order at the request of a payment service user from a payment account held at another account servicing payment service provider with the user's consent and authentication.Added: December 2018
Payment Initiation Service Provider (s) or PISP(s)
A person licensed by the CBB to undertake payment initiation services.Added: December 2018
Parallel Salam (see Salam)
A Salam contract whereby al-muslam ileihi depends, for executing his obligation, on receiving what is due to him — in his capacity as al-muslam — from a sale in a previous Salam contract, without making the execution of the second Salam contract dependent on the execution of the first one.
Parent or Parent Undertaking
An undertaking or individual ("P"), which has the following relationship to another undertaking ("S"):(i) P holds (alone or under an agreement with other shareholders) a majority of the voting rights in S;(ii) P (alone or in conjunction with its other subsidiary undertakings), has the right to appoint or remove a majority of its board of directors;(iii) P has the right to exercise a dominant influence over S, either through provisions contained in S's memorandum or articles, or a control contract; or(iv) P is a parent undertaking of a parent undertaking of S.
A (CIU) participant is a person with one or more holdingsG in a CIU.Added: January 2011
Participation (see Musharaka)
A Musharaka in which the Islamic bank owns shares or units representing an equity stake in another firm's capital.
Unless the context requires otherwise, a natural or corporate person.
Personal account transactionAdded: January 2011
Politically Exposed Persons or 'PEPs'
'Politically Exposed Persons' or 'PEPs' means individuals who are, or have been entrusted with prominent public functions in Bahrain or a foreign country, for example Heads of State or government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations or important political party officials or persons who are or have been entrusted with a prominent function by an international organisation. Business relationships with family members or close associates of PEPs involve reputational risks similar to PEPs themselves. The definition is not intended to cover middle-ranking or more junior officials in the foregoing categories. Bahraini PEPs would include all Ministers, all MPs, and all Ministry officials with the rank of Undersecretary or above.Amended: July 2016
In investments, the combination of funds for the benefit of a common project, or a group of investors who use their combined influence to manipulate prices.
The narrow definition of price risk as applied to securities is as follows: The risk that the value of a security (or a portfolio) will decline in the future. Price risk can apply to any financial instrument, commodity, or foreign exchange position. Therefore a wider definition used by hedge funds is: The risk that the value of position in financial instruments, commodities or foreign exchange will decline due to moves in market factors.Amended: January 2015
Means the amount of credit received plus any other potential other charges, the total of which is subject to profit.Added: October 2012
The amount of any outstanding claim (excluding any interest and other expenses) on, or contingent liability in respect of, the relevant counterparty.Added: October 2018
Profit equalization reserve
Profit equalisation reserve is the amount appropriated by the Islamic bank out of the mudaraba income, before allocating the mudarib share, in order to maintain a certain return level of return on investment for investment account holders and increase owners' equity.
A public sector entity which is specified as such either by the central bank ('domestic PSE') or by an overseas banking supervisory authority ('foreign PSE'). Domestic PSEs include those entities owned by the government, excluding the subsidiaries of such institutions undertaking commercial activities.Added: October 2018
An offer of securities to the general public. (See Rule BC-9.5.9).Amended: January 2013
Added: January 2011
[ Q ]
Qualified by Exception
A report issued by an appointed expert that is qualified and indicates that certain areas or issues remain unresolved or are unverifiable due to certain limitations imposed on the appointed expert's work. The report will clearly indicate the type and reason for exception and the action that would have been taken by the appointed experts had the mentioned limitation not been placed on their work.Added: October 2011
Qualifying Holding(s) (as referred to in Module CM)
[Deleted in April 2015.]Deleted: April 2015
[ R ]
Ras-almal (see Salam)
Capital (cost) paid (in cash, kind or benefit) in a Salam contract, i.e. price.
Real time promotion
A real time promotion is a promotion made in the course of a personal visit, telephone conversation or other interactive dialogue.Added: January 2011
Regulated banking services
Regulated insurance services
As defined under Volume 3, Section AU-1.4.
Regulated Islamic banking services
For the purposes of Module FC, relevant authority refers to the authorities listed in Rule FC-5.3.2.Amended: October 2014
Means all types of compensation including but not limited to salary (fixed and variable bonus), fee and non-cash benefits such as health insurance, car housing, education, grants of stock, stock options or pension benefits.Amended: January 2014
A Reporting Accountant is a person appointed by the CBB under the authority of Article 114 of the CBB Law as an Inspector of the business of a licensee or listed company.Added January 2009
A person who is licensed by the CBB as per Volume 5 (Specialised Licensee/Representative Office) Module AU to undertake only representative office functions:(i) Gather financial, economic and commercial information;(ii) Carry out general promotional activities; and/or(iii) Provide general assistance of a non specific nature to resident and non resident customersG of the overseas entity/group the office is representing.Amended: January 2011
Return on Average Assets.
Return on Average Equity.
Repo(a) An agreement between a seller and buyer for the sale of securities, under which the seller agrees to repurchase the securities, or equivalent securities, at an agreed date and, usually, at a stated price;(b) An agreement between a buyer and seller for the purchase of securities, under which the buyer agrees to resell the securities, or equivalent securities, at an agreed date and, usually, at a stated price.Amended: January 2011
Transactions involving the sale and repurchase ('repo') of assets, purchase and resale ('reverse repo') of assets, as well as securities lending and securities borrowing. The term 'repo-style transaction' is generally taken to refer to any of the following transactions of a bank:i Sale and repurchase ('repo') of securities — the bank agrees to sell securities to a third party for cash with a commitment to repurchase the securities at an agreed price on an agreed future date.ii Securities lending — the bank lends securities to a third party and receives either cash or other securities from that party in exchange as collateral.iii Purchase and resale ('reverse repo') of securities — the bank agrees to acquire securities from a third party for cash, with a commitment to resell the securities at an agreed price on an agreed future date (i.e. the reverse of repo transactions).iv Securities borrowing — the bank borrows securities from a third party and gives cash or other securities to that party in exchange as collateral.Added: October 2018
Reputational risk is the potential that negative publicity regarding an institution's business practices, whether true or not, will cause a decline in the customer base, costly litigation, or revenue reductions.
This term includes:(a) Persons of whatever nationality whose normal place of residence or business is in Bahrain at the relevant time or whose main source of income is earned from Bahrain.(b) Persons who have been granted permanent resident permits in Bahrain.(c) Corporate and other institutions who have a permanent registered address in Bahrain and/or a commercial registration number including branches or subsidiaries located in Bahrain of overseas registered corporate or other institutions (excluding offshore companies). However, dealings with the offices of such corporations outside Bahrain in respect of non-Bahrain business is permitted.(d) Staff of Bahrain Embassies and Consulates living outside Bahrain.(e) Agents or Agencies located abroad but acting on behalf of or for the account of Bahrain residents.
Restricted Investment Accounts
With this type of account, the investment account holder imposes certain restrictions as to where, how and for what purpose his funds are to be invested. Further, the Islamic bank may be restricted from commingling its own funds with the restricted investment account funds for purposes of investment. In addition, there may be other restrictions which investment account holders may impose. For example, investment account holders may require the Islamic bank not to invest their funds in instalment sales transactions or without guarantor or collateral or require that the Islamic bank itself should carry out the investment itself rather than through a third party. Restricted participating investment bonds and restricted participating investment units (investment funds) and any other accounts of a similar nature are equivalent to the restricted investment accounts.
Retail customer(s)Added: January 2011
Deposits placed with a bank by a natural person. Deposits from legal entities, sole proprietorships or partnerships are captured in wholesale deposit categories.Added: October 2018
Rights or interests in Financial instruments
Rights to or interests in all financial instruments.
[ S ]
Safeguarding Shari'a compliant financial instruments
Safeguarding Shari'a compliant financial instruments means the safeguarding and administration of Shari'a compliant financial instruments belonging to another person (see LR-1.3.29 ff).
Purchase of a commodity for deferred delivery in exchange for immediate payment according to specified conditions or sale of a commodity for deferred delivery in exchange for immediate payment.
Salam or Istisna'a sukuk
These are sukuk that represent a sale of a commodity on the basis of deferred delivery against immediate payment. The deferred commodity is a debt in-kind against the supplier because it refers to a commodity which is accepted based on the description of the seller.
Obligations that are secured by legal rights on specifically designated assets owned by the bank which are used in the case of bankruptcy, insolvency or liquidation.Added: October 2018
Security(ies) (as referred to in Chapter BC-8 and in the definition of market)
"Securities" means shares or bonds issued by shareholding companies, government debt instruments and the following financial instruments:(a) SharesG in companies and other securitiesG equivalent to shares in companies or other entities, and depositary receipts in respect of shares;(c) WarrantsG ;(d) Units, rights or interests (however described) of the participantsG in a collective investment scheme;(e) OptionsG , futuresG and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event);(f) OptionsG , futuresG and any other derivative contract relating to commodities that can be physically settled;(g) Units to Real Estate Investment Trusts (REITs);(h) Index tracking products including Islamic indices;(i) Any other financial instrument approved as a financial instrument by the CBB for the purpose of trading such instrument on an exchange; and(j) Islamic securitiesG , being those financial instruments that are Shari'a compliant.Amended: January 2011
The financial engineering process for the creation and issuance of Sukuk, where:(a) Payment of face value and income is derived from the cash flows generated by the securitised assets, or by the pool of assets that underlie the issuance of the Sukuk; and(b) Legal or beneficial ownership of the underlying assets is transferred to the investors in the form of Sukuk.Added: January 2015
Self-Regulatory Organisation(s) or (SROs)
"Self-Regulatory Organizations (SROsG )" means any organisation licensed by the CBB under Volume 6 of the Markets and Exchanges (MAE) Module, or the Clearing, Settlement and Central Depository (CSD) Module, or any other organisation recognised as an SROG by the CBB.Added: January 2011
Refers to individuals occupying the position of CEO or head of function.
Service level agreement
An agreement forming part of the Outsourcing Agreement between the outsourcing service provider and the bank that outlines the standards of service to be provided by the outsourcing service provider.
a) In relation to a share which is represented by a bearer certificate, the person who holds the certificate; b) in relation to a share that is not represented by a bearer certificate, the person whose name is entered on the register in relation to the share.
A share or stock in the share capital of an enterprise, whether incorporated or unincorporated, but excluding units in collective investment undertakingsG .
Shari'a board or shari'a supervisory board
An independent body of specialized jurists who, collectively, are entrusted with the duty of directing, reviewing and supervising the activities of an Islamic financial institution in order to ensure that they are in compliance with Islamic Shari'a rules and principles.
Shari'a compliant financial instruments
Any of the following instruments, that are Shari'a compliant:(a) Transferable securities;(b) Money market instruments;(c) Units in collective investment undertakingsG ;(d) Interests in real estate property;(e) Certificates representing certain Shari'a compliant securities; and(f) Rights or interests in financial instruments.Amended: January 2011
Shari'a compliant financial Instruments Trader
A person who is engaged in buying or selling Shari'a compliant financial instrumentsG .
Shari'a compliant money-market instruments
Those classes of instruments which are normally dealt in on the money market, that are endorsed as compliant with Shari'a principles.
Shari'a Supervisory Board
A Board of Shari'a experts appointed to review a bank's compliance with the Shari'a, with respect to its operations.
Small Business Deposits
Deposits that are considered as having similar characteristics to retail accounts, provided the total aggregated funding raised from one small business customer is less than BHD 500,000 (on a consolidated basis where applicable).Added: October 2018
Soft dollar agreement (as referred to in Chapter BC-9)
An agreement in any form under which an Islamic bank licenseeG receives goods or services in return for investment business put through or in the way of another person.Added: January 2011
A person licensed under Volume 5 of the CBB Rulebook.Added: April 2011
A foreign exchange transaction in which each party promises to settle the transaction two days after the transaction date.
Amounts of the deposits that are fully insured by a deposit insurance scheme which represents a portion from the deposits in the transactional accounts (e.g. accounts where salaries are automatically deposited), as per the provisions of those regulations.Added: October 2018
An entity, including an unincorporated entity such as a partnership that is controlled by another entity (known as the parent entity).Amended: April 2015
Added: January 2015
A company or other enterprise controlled by another company or enterprise (the parent or the holding company).
A plan developed by a bank that would lay down the bank's strategy with respect to succession of various senior management or board positions within the bank.
Any transaction or dealing which raises in the mind of a person involved, any concerns or indicators that such a transaction or dealing may be related to money laundering or terrorist financing or other unlawful activity. Examples of suspicious transactions are set out in Appendix FC 3.
A financial contractual agreement between two parties to exchange (swap) a set of payments that one party owns for a set of payments owned by the other party.Added: January 2011
[ T ]
One of several related securities offered at the same time. Tranches from the same issuer usually have different risk, reward, and/or maturity characteristics.
Accounts used to settle transactions pertaining to salaries and customer income.Added: October 2018
The risk that a borrower will not be able to convert local currency into foreign exchange and so will be unable to make debt service payments in foreign currency. The risk normally arises from exchange restrictions imposed by the government in the borrower's country.Added: July 2017
Those classes of securities which are negotiable, with the exception of instruments of payment. Transferable securities include:(a) shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;(b) bonds or other forms of securitized debt, including depositary receipts in respect of such securities;(c) warrants;(d) any other securities giving the right to acquire or sell any such transferable securities or giving rise to a cash settlement determined by reference to transferable securities, currencies, interest rates or yields, commodities or other indices or measures.
For purpose of Chapter GR-4, means any person licensed to carry out the transferred banking business.Added: October 2012
For the purpose of Chapter GR-4, means the bank wishing to transfer any part of its banking business according to the provisions of Resolution No.(33) for the year 2012.Added: October 2012
Trigger event(s) (as used in Section CA-2.1)
A trigger event is the earlier of:(a) A decision that a write-off (without which the Islamic bank licenseeG would be unviable) is necessary, as determined by the CBB; or(b) The decision to make a public sector injection of capital (or equivalent support) without which the Islamic bank licenseeG would have become unviable (as determined by the CBB).Added: January 2015
A meeting between a bank, an appointed expert and the CBB.Amended: October 2011
[ U ]
Underwriting (as defined in Paragraph CM-4.2.7)
A binding commitment by the reporting bank to purchase securities issued by, or provide syndicated credit facilities to (as the case may be) an unconnected party ("the issuer" or "the borrower") at a mutually agreed price.Added: January 2012
Assets free of legal, regulatory, contractual or other restrictions on the ability of the bank to liquidate, sell or transfer these assets. Liquid assets should not be used to cover trading positions or to secure, collateralize or credit-enhance any transaction, nor be designated to cover operational costs (such as rents and salaries).Added: October 2018
Units in Shari'a compliant collective investment undertakings
Rights or interests (however described) of the participants in a collective investment scheme.
Unrestricted Investment Accounts
With this type of account, the investment account holder authorizes the Islamic bank to invest the account holder's funds in a manner which the Islamic bank deems appropriate without laying down any restrictions as to where, how and for what purpose the funds should be invested. Under this arrangement the Islamic bank can commingle the investment account holder's funds with its own funds or with other funds the Islamic bank has the right to use (e.g., current accounts). The investment account holders and the Islamic bank generally participate in the returns on the invested funds. Unrestricted participating investment bonds and any other accounts that are of a similar nature are equivalent to unrestricted investment accounts.
[ V ]
An estimate expressed as a monetary value of the probability of losses on a portfolio of financial instruments based on a statistical analysis of historical market price trends, correlations, and volatilities.
Clearing members or clients funded collateral posted on a daily or intraday basis, to a CCP based upon price movements of their transactions.Added: October 2018
[ W ]
Warrants are instruments that confer an entitlement to subscribe for shares, debenture and government and public securities. The rights conferred must be rights to 'subscribe' for the relevant investments. This means that they are rights to acquire the investments directly form the issuer of the investments and by way of the issue of new investments.Added: January 2011
Deposits and obligations that are raised from non-natural persons (i.e. legal entities, including sole proprietorships and partnerships).Added: October 2018