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Location: Central Bank of Bahrain Volume 1—Conventional Banks > Part A > Business Standards > CM Credit Risk Management
  • CM Credit Risk Management

    • CM-A Introduction

      • CM-A.1 Purpose

        • CM-A.1.1

          The purpose of this Module is to provide a checklist of the key elements of a sound credit risk management system which supervisors can expect their banks to observe. This requirement is supported by Article 44(c) of the Central Bank of Bahrain and Financial Institutions Law (Decree No. 64 of 2006).

          Amended: April 2011
          Amended: January 2011
          October 2007

        • CM-A.1.2

          This Module provides support for certain other parts of the Rulebook, mainly:

          (a) Principles of Business;
          (b) The CBB Reporting Requirements;
          (c) Audit Firms;
          (d) High-level Controls; and
          (e) Capital AdequacyG .
          October 07

        • Legal Basis

          • CM-A.1.3

            This Module contains the Central Bank of Bahrain's (CBB's) Directive (as amended from time to time) relating to the credit risk management of conventional bank licenseesG , and is issued under the powers available to the CBB under Article 38 of the CBB Law. The Directive in this Module is applicable to all conventional bank licenseesG .

            Amended: January 2011
            October 2007

          • CM-A.1.4

            For an explanation of the CBB's rule-making powers and different regulatory instruments, see Section UG-1.1.

            October 07

      • CM-A.2 Key Requirements

        • CM-A.2.1

          Overseas conventional bank licenseesG are expected to maintain provisions against potential loan losses on their books in Bahrain. Head offices of banks that do not wish to maintain provisions on books of their branchG (es) in Bahrain must advise the CBB, on an annual basis and in writing, of the amount of provisions set aside for the bad debts of Bahrain branchG (es) (see Section CM-4.3).

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-A.2.2

          The CBB requires all Bahraini conventional bank licenseesG to set out their policy on large exposuresG , including limits for differing types of exposuresG to individual customers, banks, corporates, countries and economic and market sectors, in a policy statement which must be formally approved by the Board of Directors (see Section CM-5.8).

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-A.2.2A

          The CBB requires that any large exposureG , as defined in Paragraph CM-5.5.1, must be priorly approved by the bank's Board of Directors (see Paragraph CM-5.5.3A).

          Added: January 2017

        • CM-A.2.3

          The aggregate of large exposuresG may not exceed 800% of the bank's consolidated Total Capital (see Paragraph CM-5.5.3). A bank may not incur an exposureG to an individual counterpartyG or group of closely related counterpartiesG which exceeds 15% of the reporting bank's consolidated Total Capital (see Paragraph CM-5.5.4).

          Amended: January 2015
          Amended: April 2014
          October 2007

        • CM-A.2.4

          ExposuresG to all connected counterpartiesG when taken together, may not exceed 25% of consolidated Total Capital. ControllersG and subsidiariesG of controllersG are not allowed to borrow from the bank (i.e. a 0% limit), however smaller shareholders will be subject to a 15% limit on an individual basis (see Paragraph CM-5.5.4). Directors who are also controllersG with significant ownership are subject to the 0% limit (see Paragraphs CM-5.5.11 and CM-5.5.12).

          Amended: January 2015
          Amended: April 2014
          Amended: April 2011
          October 2007

        • CM-A.2.5

          All Bahraini conventional bank licenseesG are required to report (for the attention of the Director of Banking Supervision Directorate) all large exposuresG , (whether exempt or not) on a quarterly basis using the Form PIR provided in Appendix BR-5 (see Section CM-5.7).

          Amended: April 2014
          Amended: January 2010
          Amended: October 2009
          October 2007

        • CM-A.2.6

          The CBB's prior written consent must be obtained for any loan to an employee where the amount of such loan, either singly or when added to an existing loan(s) outstanding to that employee at that date, would be equal to or in excess of BD 100,000 (or its equivalent) (see Section CM-6.1).

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-A.2.7

          The CBB requires that banks only provide a new consumer facility (or renew, extend or otherwise modify an existing consumer facility) for an amount such that the borrower's total monthly repayments on all his consumer finance commitments do not exceed 50% of his monthly gross income (see Section CM-8.4).

          Amended: April 2014
          Amended: July 2011
          October 2007

        • CM-A.2.8

          [This Paragraph was deleted in April 2014 as this requirement has been moved to Module BC].

          Deleted: April 2014
          Amended: July 2012
          October 07

        • CM-A.2.9

          The CBB's prior written consent must be obtained before writing off any loan to a senior employee/officer/Director of the reporting bank or other bank(s) who fails to discharge his/her repayment obligations to the reporting bank (see Section CM-7.1 for details).

          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-A.2.10

          All Bahraini conventional bank licenseesG must notify the CBB of any write-off of a credit facility, (i.e., loan, overdraft and any other credit facility) of an amount in excess of BD 100,000 (or its equivalent). Chapter CM-7 contains Rules relating to the write-off of credit facilities.

          Amended: April 2014
          Amended: January 2013
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-A.2.11

          All banks which provide credit to resident natural persons in Bahrain must become members of the Credit Reference Bureau and follow the CRB Code of Practice (see Paragraph CM-1.2.4).

          Amended: April 2014
          October 07

        • CM-A.2.12

          All banks are required to follow the CBB's requirements concerning refund of insurance on loan prepayments and top-ups and early repayment fees/charges as outlined in Section CM-8.6.

          Added: April 2008

        • CM-A.2.13

      • CM-A.3 Module History

        • CM-A.3.1

          This Module was first issued in July 2004 as part of the conventional principles volume. Any material changes that have subsequently been made to this Module are annotated with the calendar quarter date in which the change was made: Chapter UG 3 provides further details on Rulebook maintenance and version control.

          October 07

        • CM-A.3.2

          The most recent changes made to this Module are detailed in the table below:

          Summary of Changes

          Module Ref. Change Date Description of Changes
          CM 8 1/1/2005 Revised Consumer Finance Limits
          CMA-2 1/1/2005 Revised Key Requirements to reflect CM 8 above
          CM 8.3 1/7/2005 Revised definition of 'consumer loan'
          CM 3.2 1/10/2005 Role of internal audit becomes a rule
          CM 8.4 1/10/2005 Clarifications re non-compliant facilities
          CM-A.1 10/2007 New Rule CM-A.1.3 introduced, categorising this Module as a Directive.
          CM-8 10/2007 New Requirement to follow the "Code of Best practice on Consumer Credit and Charging".
          CM-1.2 10/2007 Membership of CRB
          CM-7.1 04/2008 Guidance concerning material interest as shareholder for write-offs
          CM-8.6 04/2008 New Refund and prepayment requirements
          CM-5.7 10/2009 New reporting arrangements for exposures of connected counterparties.
          CM-5.7 01/2010 Revised reference for LE reporting
          CM-A.1.3 01/2011 Clarified legal basis.
          CM-5 01/2011 Changes made to incorporate Basel Core Principle 5 and new large exposureG requirements along with a consistency alignment of Volume One and Volume Two.
          CM-A.1.1 04/2011 Corrected typo.
          CM-A.2.4 04/2011 Corrected cross reference in line with new limits introduced in January 2011.
          CM-5.3.1(c), CM-5.6.1 04/2011 Corrected cross reference.
          CM 07/2011 Various minor amendments to clarify Rules and have consistent language.
          CM-5.5.9 07/2011 Amended the definition of connected counterparties.
          CM-8.5.9 and CM-8.5.10 10/2011 Corrected elements of APR formula.
          CM-8.5.12 10/2011 Paragraph deleted as it does not reflect current practice on residual interest.
          CM-5.5.1.E 01/2012 Amended definition of qualifying holdings
          CM-5.6 01/2012 Clarified and amended the Rules on temporary exposures.
          CM-5.10.3 01/2012 Clarified the Rule on future increases in qualifying holdings.
          CM-8.4.9 01/2012 Changed Rule to Guidance.
          CM-5.6.2 04/2012 Clarified Rules on temporary exposures.
          CM-A.2.8 07/2012 Updated reference to Bahrain Association of Banks.
          CM-5.5.6 07/2012 Clarified the definition of 'controlling interest'.
          CM-5.5.7A 07/2012 CBB prior approval required for excess over limits to connected counterparties.
          CM-5.5.9 07/2012 Minor correction.
          CM-5.10.3 07/2012 Amendment made to be in line with updated definition of qualifying holdings.
          CM-8.5.4 07/2012 Minor typo corrected.
          CM-8.5 10/2012 This Section was deleted and requirements are now included in Section BC-4.3.
          CM-A.2.10 01/2013 Clarified Rule related to the write-off of a credit facility.
          CM-5.5.11 07/2013 Clarified Rule on the amount that must be deducted from the capital base where exposure exceeds the limit stipulated.
          CM-8.6.2 07/2013 Clarified the type of mortgages on which the CBB imposes a ceiling on early repayment fees and/or charges.
          CM-1.2.4 10/2013 Amended to reflect the expanded scope of activities of the Credit Reference Bureau and the membership requirements.
          CM-8.4.4 10/2013 Updated reference to Eskan Bank to reflect new name.
          CM-1.2.4 01/2014 Clarified Rule to apply to credit facilities to residents in Bahrain.
          CM-A.2, CM-4.3 and CM-5 04/2014 Added cross references and corrected terminology to link to Glossary terms.
          CM-6.1 04/2014 Clarified Rules on staff loans.
          CM-8.2.4 04/2014 Reference updated for the code of best practice on consumer credit and charging.
          CM-5.10.2A 07/2014 Added a guidance Paragraph to clarify the treatment of investments in commercial entities which are otherwise not connected to the bank.
          CM-A.2 and CM-5 01/2015 Corrected to be aligned with updated requirements under Module CA.
          CM-5.3.2 01/2015 Added reference to transactions subject to the Regulation on close-out netting under a market contract.
          CM-5.5.1B 01/2015 Corrected cross reference.
          CM-5.5.1E 04/2015 Deleted cross reference as not applicable.
          CM-5.6.2B and CM-5.10.10 04/2015 Corrected reference to consolidated Total Capital to be in line with Module CA.
          CM-5.7.1 04/2015 Added reference to Appendix BR-19 for reporting the financial details of each large exposure.
          CM-5.10.3 04/2015 Clarified language on the treatment of significant investments over the thresholds outlined in Paragraph CA-2.4.25.
          CM-5.7.1, CM-5.7.1A and CM-5.7.1B 07/2015 Clarified the reporting requirements of exposures.
          CM-5.5.11 10/2015 Clarified limits on large exposures.
          CM-7.1 10/2015 Amended Rules on write-offs.
          CM-5.5.1E 10/2016 Amended definition of major investment
          CM-5.5.3 10/2016 Added “Limits to Significant Investments” new Section reference
          CM-5.10.2 10/2016 Major investments defined
          CM-5.10.2A 10/2016 Paragraph moved to CM-5.11.4
          CM-5.10.3 10/2016 Amended and split into CM-5.10.3 A, B, C & D
          CM-5.10.3D 10/2016 Amended Rule
          CM-5.10.6 10/2016 Moved to new section 5.11
          CM-5.10.7 10/2016 Moved to new section 5.11
          CM-5.10.8 10/2016 Moved to new section 5.11
          CM-5.10.10 10/2016 Amended 'Acquisitions' to be 'Investments'
          CM-5.11 10/2016 New Section 'Limits on Significant Investments'
          CM-7.1.1 10/2016 Amended the Write-offs Section
          CM-8.4.5 10/2016 Amendments to clarify the Rule
          CM-A2.2A
          CM-5.5.3A
          01/2017 Added a new requirement on Large Exposures.
          CM-5.5.5A
          CM-5.5.9B
          01/2017 Added Paragraphs on closely related counterparties and connected counterparties.
          CM-4.5 07/2017 Added new Section on 'Country and Transfer Risks'
          CM-8.6.2 04/2018 Deleted Paragraph on "Early Repayment Fees/Charges".
          CM-8.4.10 10/2019 Amended Paragraph on non-compliant facilities.

        • [deleted]

          Deleted: April 08

          • CM-A.3.3 [deleted]

            Deleted: April 08

        • Effective Date

          • CM-A.3.3

            The contents of this Module are effective from July 2004 or the dates given in the summary of changes above.

            Amended: April 08
            October 07

    • CM-B General Guidance and Best Practice

      • CM-B.1 Guidance Provided by International Bodies

        • Basel Committee: Principles for the Management of Credit Risk

          • CM-B.1.1

            The paper (see www.bis.org/publ/bcbs75.pdf) which contains 17 principles, encourages banking supervisors globally to promote sound practices for managing credit risks in banking activities.

            October 07

          • CM-B.1.2

            Throughout the Module, references have been made to this paper and it is recommended that the regulations in this Module be followed in conjunction with the guidelines presented in this paper.

            October 07

        • Counterparty Risk Management Policy Group (CRMPG): Improving Counterparty Risk Management

          • CM-B.1.3

            The objective of this report (see www.isda.org/educat/pdf/CRMPG-report6-99.pdf), which was developed by a committee of market practitioners in the wake of the 1998 market disruptions, discusses counterpartyG credit risk and market risk management practices and how they can be enhanced.

            October 07

          • CM-B.1.4

            The report covers four subject areas: transparency and counterpartyG credit assessments; risk measurement, management, and reporting; market practices and conventions; and regulatory reporting.

            October 07

          • CM-B.1.5

            Of particular interest to risk managers is guidance provided in two areas, one on liquidity risk and leverage, and the other on counterpartyG credit exposureG estimation.

            October 07

        • Basel Committee: Framework for Internal Control Systems in Banking Organisations

          • CM-B.1.6

            The paper (see www.bis.org/publ/bcbs40.pdf) issued in September 1998 presents the first internationally accepted framework for supervisors to use in evaluating the effectiveness of the internal controls over all on- and off-balance-sheet activities of banking organisations.

            October 07

          • CM-B.1.7

            The paper describes elements that are essential to a sound internal control system, recommends principles that supervisors can apply in evaluating such systems, and discusses the role of bank supervisors and external auditors in this assessment process.

            October 07

    • CM-1 General Procedures

      • CM-1.1 Overview

        • CM-1.1.1

          Credit risk is the likelihood that a counterpartyG of the bank will not meet its obligations in accordance with the agreed terms. The magnitude of the credit risk depends on the likelihood of defaultG by the counterpartyG , and on the potential value of the bank's contracts with the customer at the time of defaultG . Credit risk largely arises in assets shown on the balance sheet, but it can also show up off the balance sheet in a variety of contingent obligations.

          October 07

        • CM-1.1.2

          ExposureG to credit risk, notably in the form of traditional bank lending, has historically been the most frequent source of bank problems. The assessment of credit risk is a challenging task where bankers are often faced with making decisions based on outdated or partial information.

          October 07

        • CM-1.1.3

          The lack of continuous loan supervision and effective internal controls, or the failure to identify abuse and fraud are also sources of risk. The overall lending policy of the bank should be monitored by a Credit Committee composed of officers with adequate seniority and experience.

          October 07

      • CM-1.2 Credit Analysis

        • CM-1.2.1

          Proper credit risk management will help banks to discipline their lending activities and ensure that credit facilities are granted on a sound basis, and that bank funds are invested in a profitable manner. The process of managing credit risk starts at the origination of the credit facility. Standards for credit analysis should stress the borrower's ability to meet his future financial needs through analysis of his cash-flow generation capacity.

          October 07

        • CM-1.2.2

          Measurement of credit risk is complicated by the fact that both credit exposuresG and the likelihood of defaultG can vary over time and may be interdependent. The creditworthiness of customers shifts, as reflected in credit rating upgrades and downgrades. Customers that originally are highly rated are more likely to defaultG later in a loan's life than earlier.

          October 07

        • CM-1.2.3

          Banks should properly assess the inherent risk factor of each credit facility; monitor the risks arising from any portfolio concentration; and ensure that appropriate precautions against losses have been taken in the form of collateralG and/or provisioning as described in Chapter CM-2.

          October 07

        • CM-1.2.4

          Banks which provide credit facilities to residents in Bahrain must become members of the Credit Reference Bureau (CRB). All requests for new credit facilities in Bahrain must be submitted to the CRB.

          Amended: January 2014
          Amended: October 2013
          October 07

        • CM-1.2.5

          All CRB members must fully abide by the agreed Code of Practice of the CRB (see Appendix CM-3), in matters such as the protection of confidential customer data and payment of enquiry fees. Any such breaches will be viewed as calling into question the "fit and proper status" of persons involved, potentially making the licensee and the person liable to enforcement action by the CBB.

          October 07

      • CM-1.3 Credit Policy

        • CM-1.3.1

          A properly documented credit policy is an essential element of and prerequisite for the credit risk management process. Consistent with the Board's objectives, it assists bank management in the maintenance of proper credit standards and the avoidance of unnecessary risks.

          October 07

        • CM-1.3.2

          It is prudent to review the credit policy regularly to ensure that once it is established, it remains flexible enough to be current and continues to accomplish its original purpose taking into consideration market developments.

          October 07

        • CM-1.3.3

          Explicit guidelines in credit policy provide the basis for effective credit portfolio management. A sound credit policy should consider which types of credit products and borrowers the bank is looking for and the underwriting standards the bank will utilize.

          October 07

        • CM-1.3.4

          A bank's credit policy should address all credit matters of significance including:

          (a) Objectives of credit monitoring;
          (b) Organisation and reporting structure of the credit department;
          (c) Designated marketsG and products;
          (d) Establishment of a credit limit framework;
          (e) Guidelines for assessment of concentration;
          (f) Authorisation procedures for the advancement of credit;
          (g) Establishment of credit committees;
          (h) Establishment of desirable pricing levels and criteria; and
          (i) Problem credit identification and administration.
          Amended: January 2011
          October 2007

        • CM-1.3.5

          After the credit facility has been granted, its performance should be monitored at regular intervals. This includes an appropriate periodic review of financial statements, a reassessment of collateralG and update of appraisals, and attentive monitoring of conditions in the borrower's industry. Credit supervision constitutes the first line of detection of difficulties and provides the bank with an opportunity to address problems before losses are sustained.

          October 07

    • CM-2 Assessment of Credit Quality

      • CM-2.1 Overview

        • CM-2.1.1

          A realistic assessment of credit quality is an essential feature of effective credit risk management. The starting point for a systematic review of credit quality is a comprehensive review of the bank's written credit policies and practices. These include, but are not limited to:

          (a) Credit approval procedures;
          (b) Credit underwriting criteria; and
          (c) Credit administration processes.
          Amended: January 2011
          October 2007

        • CM-2.1.2

          Credit quality is a relative concept based on performance prospects and external variables. Trends in the economy and changes in markets and prices of goods affect the evaluation of loan repayment value. Assessing credit risk is a dynamic concept which needs to take into account the business cycle and the economic environment.

          October 07

        • CM-2.1.3

          The objectives of the credit assessment are to determine:

          (a) Whether the applicant/customer will have sufficient future liquid resources to honour credit obligations according to the agreed terms;
          (b) Whether the applicant's/customer's present and future prospects indicate that they will continue as a going concernG in the foreseeable future;
          (c) Is the applicant / customer of sufficient integrity; and
          (d) To what extent does any securityG offered affect the risk inherent in the facility.
          Amended: January 2011
          October 2007

      • CM-2.2 Credit Ratings

        • CM-2.2.1

          Credit officers should assign credit ratings to the loans they originate. This will help the Credit Committee to assess the credit judgement in assigning credit ratings and pricing for credits. The ratings should have several categories with additional breakdowns in each Category:

          (a) 'Standard credits' are those which are performing as the contract requires. There is no reason to suspect that the creditor's financial condition or collateralG adequacy has depreciated in any way. The bank is very likely to extend additional funds to this borrower if requested (subject to internal or legal credit restrictions);
          (b) 'Watch credits' are currently protected from loss but are potentially weak; they constitute a risk, but the risk is not such that it justifies a rating of Substandard;
          (c) 'Substandard credits' are inadequately protected by the paying capacity of the obligor or by the collateralG pledged. They are characterized by the distinct possibility that the bank will sustain some loss if the deficiencies are not corrected. Loss potential, while existing in the aggregate amount of Substandard assets does not have to exist in individual assets classified Substandard;
          (d) 'Doubtful credits' have all the weaknesses inherent in a credit classified as Substandard with the added characteristic that the weaknesses make collection or liquidation in full, on the basis of currently existing facts, conditions, and values, highly questionable or improbable. The possibility of Loss is extremely high, but because of certain important and reasonably specific pending factors which may work to the advantage and strengthening of the asset, its rating as an estimated Loss is deferred until its more exact status may be determined;
          (e) 'Loss credits' are considered uncollectable and of such little value that their continuance as assets is not warranted. The rating does not mean that the asset has absolutely no recovery or salvage value, but rather that it is not practical or desirable to defer writing off this basically worthless asset even though partial recovery may be effected in the future.
          October 07

        • CM-2.2.2

          The classification should normally apply to the entire balance of an outstanding facility because if a problem exists with the one credit, it normally applies to the whole facility and not just the payment or individual credit, which may be overdue. This is a conservative approach, which will alert bank management and the Board to the full extent of a potential problem.

          October 07

      • CM-2.3 Collateral

        • CM-2.3.1

          The extension of credit is often supported by collateralG provided by the customer or third parties. When the loan decision is based on collateralG value, independent timely appraisals of the collateralG should be obligatory, including provision for sufficient security margins.

          October 07

        • CM-2.3.2

          In principle, collateralG can improve the credit rating of a customer, but experience suggests that over-reliance on collateralG is unsound because very often when a loan goes sour the collateralG turns out to have less value than estimated or is, at worst, illusory.

          October 07

        • CM-2.3.3

          Misjudgements about collectability are frequently the cause; collateralG is often illiquid, difficult to value during periods of financial distress and costly to realise through foreclosure or other legal means. Particular concern may be appropriate in the case of collateralG in the form of real estate, as it involves additional uncertainties and the costs of maintaining the property.

          October 07

        • CM-2.3.4

          As a matter of principle, collateralG should not replace a careful assessment of the borrower's ability to repay.

          October 07

    • CM-3 Developing a Sound Credit Culture

      • CM-3.1 Overview

        • CM-3.1.1

          Credit culture is defined as the sum total of a bank's approach to managing credit risk, including business strategy, credit policy, shared assumptions about credit, the effectiveness of communications, and the composition and quality of the resulting loan portfolio.

          October 07

        • CM-3.1.2

          As a matter of best practice, all banks should periodically review their credit cultures in order to reduce future credit losses and also to minimise reputational riskG and damage to their credit ratings.

          October 07

        • CM-3.1.3

          The CBB draws all licensed banks' attention to the September 2000 document issued by the Basel CommitteeG entitled 'Principles for the Management of Credit Risk'. This document contains 17 principles which all banks should ensure are covered in their credit culture (i.e. policies, procedures, systems and controls) (see www.bis.org/publ/bcbs75.pdf).

          Amended: January 2011
          October 2007

        • CM-3.1.4

          Effective from the date of the original circular (see Section CM-A.3), the CBB will use the Basel document mentioned above as a guideline in its evaluation of the credit cultures of banks operating in Bahrain. Evaluation will be implemented through prudential meetings, inspection and reporting accountants' reviews.

          Amended: January 2011
          October 2007

      • CM-3.2 Elements of a Strong Credit Culture

        • CM-3.2.1

          First, the regulation in this Section is recommendatory in nature (except for the requirement in Paragraphs CM-3.2.2 (a) & (e) below), and the guidelines below under the five headings are indicative of best practice. Some of the guidelines may not be appropriate to all relevant licensees. However, if a bank is not following these guidelines, it should consider why it is not doing so.

          October 07

        • CM-3.2.2

          Secondly, the regulation in this Section is intended as a complement to the September 2000 Paper by the Basel CommitteeG entitled 'Principles for the Management of Credit Risk' (see Section CM-B.2). This Section does not summarise the Basel Paper, but is intended to be read in conjunction with the above Paper.

          (a) The Role of the Board of Directors

          The Board of Directors must approve all the operating policies of a bank (see principle 1 of Basel CommitteeG paper, 'Framework for Internal Control Systems in Banking Organisations' – Section CM-B.2).

          Given that credit risk is still the major risk that banks are exposed to in their business, particular scrutiny must be paid to credit policies, in terms of various limits as well as in terms of risk strategy. An essential function of the Board is to review and reassess the credit policies of the bank (including collateralG , provisioning policies and concentration policies) on a periodic basis. The Board should also regularly review overdue and large facilities both in terms of performance, and also in relation to the capital (base) of the bank. The Board should insist upon periodic review/evaluation of internal systems and control weaknesses identified by external/internal auditors and management. Principle 1 of the Basel CommitteeG paper 'Principles for the Management of Credit Risk' (see Section CM-B.2) also gives greater detail on the role of the Board in developing a sound credit culture.
          (b) The Role of the senior management

          Senior Management should be involved in regular reviews of outstanding facilities and overdue accounts as well as reviewing changes in activity, turnover or balances in clients' accounts. The role of senior management is covered in depth in Principle 2 of Basel CommitteeG paper 'Principles for the Management of Credit Risk' – Section CM-B.2 (see also Principle 3 of Basel CommitteeG paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2). However, Senior Management should be involved in the credit review process of (larger) existing facilities, visiting clients, requesting up to date financial statements and verifying collateralG . Too often, a lack of direct contact by senior management with a problem client has been an identified factor in significant credit losses by banks, whether by way of fraud, or corporate failure.
          (c) Role of an Independent Risk Management Function

          Perhaps the key point to emphasise in Risk Management is that the function must be independent of the senior management and operational functions which are related to business acquisition. The Risk Management function should report to the Board or to senior management related to control functions. The Risk Management function must not only monitor risk, but also control it (i.e. review limits, excesses etc). It must also ensure that risk monitoring systems accurately measure risk in the first place, and that all risks where they occur are correctly identified (see also Principle 6 of Basel CommitteeG paper, 'Framework for Internal Controls Systems in Banking Organisations' ' – Section CM-B.2).
          (d) Effective Internal Systems and Controls

          Well implemented sound policies and procedures maintain credit standards, enable monitoring and control of credit risk, and identify problem credits in a timely manner (see Principle 2 of Basel CommitteeG paper 'Principles for the Management of Credit Risk' – Section CM-B.2 for more detail). Sound policy and administrative requirements also apply equally strongly to existing facilities as well as new ones (see Principle 8 of Basel CommitteeG paper 'Principles for the Management of Credit Risk' – Section CM-B.2). Policies and procedures should allow a thorough understanding of the counterpartyG , the purpose of the credit facility and the source of repayment (Principle 4 of Basel CommitteeG paper 'Principles for the Management of Credit Risk' – Section CM-B.2) to be gained by the Risk Management function in its assessment of the counterpartyG for risk profiling purposes, (see also Principle 6 of Basel CommitteeG paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2 and Section E of the paper issued by the CounterpartyG Risk Management Policy Group - 'Improving CounterpartyG Risk Management' – see Section CM-B.2). Banks should seek to utilise internal rating systems to manage credit risk and to set adequate provisions on a timely basis (see Principle 10 of Basel CommitteeG paper 'Framework for Internal Controls Systems in Banking Organisations' – Section CM-B.2 and also the Credit Ratings in Section CM-2.2).
          (e) The Role of Internal Audit

          The internal audit function must, on an on-going basis, monitor the system of internal controls because it provides an independent assessment of the adequacy of, and compliance with, the established policies and procedures. The internal audit function must report directly to the highest levels of the banking organisation, typically the Board of Directors or its audit committee, and to senior management. This allows for the proper functioning of corporate governance by giving the Board information that is not biased in any way by the levels of management that the reports cover.
          October 07

      • CM-3.3 Name-lending

        • CM-3.3.1

          Banks are exposed to credit risk when they provide large credit facilities on a 'clean' basis (i.e. without collateralG or securityG ). This risk is amplified, specifically, when such clean lending is made without adequate (up to date) financial information.

          October 07

        • CM-3.3.2

          In many banks there is a tendency to indulge in 'name-lendingG ' without any credit analysis or understanding of the concerned counterparty'sG current borrowings from other banks. The CBB strongly discourages the banks to engage in such activities in order to minimise their credit risk and reputational risk.

          Amended: January 2011
          October 2007

    • CM-4 Provisioning

      • CM-4.1 Overview

        • CM-4.1.1

          Credit rating (see Section CM-2.2) provides a basis for determining an adequate level of provisions for possible loan losses. The loss potential within specific credits will have to be determined on a case by case basis after all credit and collateralG factors have been evaluated. Such potential losses, together with a general provision for the remainder of the portfolio where specific risks have not been identified, form the basis for establishing an adequate level of provisions.

          October 07

        • CM-4.1.2

          For the purpose of this Chapter, 'Non-performing loans' are those on which payments of interest or repayments of principal are 90 days or more past due.

          October 07

      • CM-4.2 Implications of IAS 39

        • Interest in Suspense

          • CM-4.2.1

            Banks must suspend interest on loans and advances which are 90 days or more past due.

            Amended: July 2011
            October 2007

        • IAS 39 Transitional Adjustments for Provisions

          • CM-4.2.2

            All IAS 39 transitional provisions must be routed through the retained earnings account with the exception of provisions.

            October 07

          • CM-4.2.3

            Under the IAS 39, as of 31 December 2000, the banks will have two options for the treatment of general provisions after considering the pooled general and specific provisions and interest in suspense balances in comparison to the estimated provisions resulting from the discounting of future cash flows. These options are:

            (a) Any excess general provisions balance brought forward over and above the newly estimated figure may be transferred directly to general reserves, or
            (b) Where provisions (or impairment allowances) relate to a portfolio of homogeneous loansG (e.g. consumer loans) then such excess provisions may continue to be treated as a general provision for capital adequacyG purposes (see Module CA).
            October 07

      • CM-4.3 Provisioning Policies of Overseas Conventional Bank Licensees

        • CM-4.3.1

          The CBB has, for some time, been monitoring the practices adopted by branchesG of foreign banks in Bahrain with regard to the making and maintaining of provisions against bad and doubtful debts in their books in Bahrain. The CBB is aware that it is the policy of some foreign banks in Bahrain to maintain provisions at their head offices, and not in their books in Bahrain. In the interests of prudence, the CBB has reviewed this matter and issues this Regulation to reflect its requirements in this area.

          Amended: January 2011
          October 2007

        • CM-4.3.2

          Specific provisions for the bad and doubtful debts (as well as any other non-performing assets) of overseas conventional bank licenseesG must be maintained in the books of the Bahrain branchG (es).

          Amended: April 2014
          October 07

        • CM-4.3.3

          If the bank is not able to meet the requirement in Paragraph CM-4.3.2, the bank's head office must advise the CBB, on an annual basis and in writing, of the amount of provisions set aside for the Bahrain branchG (es)'s bad debts (and any other non-performing assets).

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-4.3.4

          In addition, the CBB may contact the bank's home supervisorG , on a regular or ad hoc basis, in order to obtain information about the adequacy of the provisioning for such assets.

          Amended: April 2014
          Amended: January 2011
          October 2007

      • CM-4.4 Provisions against Sovereign Debt

        • CM-4.4.1

          The CBB has consistently encouraged banks to maintain adequate provisions against loans to borrowers experiencing difficulties and against loans for countries with current or potential debt servicing difficulties.

          Amended: January 2011
          October 2007

        • CM-4.4.2

          In all cases the assessment of loans - and decisions regarding adequate provisions - are assisted by the categorization of loans as defined by the CBB in Section CM-2.2. In addition, with regard to 'sovereign debtG ' it is particularly important that the size of the provisions made should be based on the identification and objective assessment of the nature and extent of difficulties being experienced by particular countries and reflect as near as possible deterioration in the prospects for recovering debts. With these objectives in mind, the Sovereign Debt Provisioning Matrix (see Appendix CM-1) contains a list of measurements which have been designed to help identify those borrowers and countries with payment difficulties and to decide what would constitute adequate provisions.

          Amended: January 2011
          October 2007

        • CM-4.4.3

          It is emphasized that this Section and the Sovereign Debt Provisioning Matrix (see Appendix CM-1) are merely a general framework for assessing degrees of provisions. They should not be regarded as an exhaustive or definitive framework. Nevertheless, the CBB does intend to include the results of banks' calculations in its discussions with them, and to establish that adequate provisions are being made.

          Amended: January 2011
          October 2007

        • Implications of International Accounting Standard (IAS) no. 39 on the Provisions Assessed through Sovereign Debt Provisioning Matrix

          • CM-4.4.4

            The banks must continue to apply the Sovereign Debt Provisioning Matrix (see Appendix CM-1) as a benchmark for estimating future recoverable cash receipts. However, if a lower provisioning amount is determined, i.e. lower than the amount identified through the matrix, and the bank intends to book the lower amount, then a meeting must be arranged with the CBB to discuss the issues before booking such provisions.

            Amended: July 2011
            Amended: January 2011
            October 2007

      • CM-4.5 Country and Transfer Risks

        • CM-4.5.1

          The CBB requires all conventional bank licenseesG to set out their policy on country and transfer risks, including the criteria on downgrading a country exposure from stage 1 to stages 2 or 3, and related provisioning requirements, in a policy statement which must be approved by the CBB.

          Added: July 2017

        • CM-4.5.2

          For the purpose of Paragraph CM-4.5.1, conventional bank licenseesG , may consider the sovereign risk matrix factors, stipulated in Appendix CM-1 (Sovereign Debt Provision Matrix), and any other factors.

          Added: July 2017

        • CM-4.5.3

          Branches of foreign bank licenseesG must satisfy the CBB that equivalent arrangements are in place at the parent entity level, otherwise a policy would be required in line with Paragraph CM-4.5.1.

          Added: July 2017

        • CM-4.5.4

          The policy statement set in Paragraph CM-4.5.1 must be implemented with effect from 1st January 2018.

          Added: July 2017

    • CM-5 The Monitoring and Control of Large Exposures of Banks Licensed by the CBB

      • CM-5.1 Overview

        • CM-5.1.1

          The CBB's directives on large exposuresG for banks in Bahrain is issued as part of the CBB's measures to encourage banks to mitigate risk concentrations.

          Amended: January 2011
          October 2007

        • CM-5.1.2

          The contents of this Chapter apply in full to all Bahraini conventional bank licenseesG on a consolidated basis.

          Amended: January 2015
          Amended: April 2014
          Amended: January 2011
          October 2007

        • CM-5.1.3

          Banks, through the PIR forms (see Module CA), must notify the CBB of the subsidiariesG to be consolidated for reporting purposes.

          Amended: January 2015
          Amended: January 2011
          October 2007

        • CM-5.1.4 [deleted]

          Deleted: January 2011

      • CM-5.2 Exposures undertaken by Overseas Conventional Bank Licensees

        • CM-5.2.1

          The CBB's policy towards large exposuresG on the books of overseas conventional bank licenseesG is to ensure that such exposuresG are within the policy statement of the parent bank, as agreed by the parent regulatory authority.

          Amended: April 2014
          Amended: January 2011
          October 2007

        • CM-5.2.2

          All overseas conventional bank licenseesG must report their 25 largest exposuresG to the CBB.

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-5.2.3

          The CBB may, if circumstances so require and on a case-by-case basis, apply the full requirements of this Chapter to overseas conventional bank licenseesG .

          Amended: April 2014
          Amended: January 2011
          October 2007

      • CM-5.3 The Measure of Exposure

        • CM-5.3.1

          For large exposureG (s) purposes, the measure of exposureG reflects the maximum loss that will arise should a counterpartyG fail or the loss that may arise due to the realisation of any lending assets, shareholdings or other exposuresG or off-balance sheet positions, or losses experienced due to non-repayment of facilities granted. In certain cases (particularly derivativesG ), the measure of a large exposureG may be larger than that used in published financial statements. Consistent with this, an exposureG encompasses the amount at risk arising from a bank's:

          (a) Claims on a counterpartyG including actual claims, and potential claims which would arise from the drawing down in full of undrawn advised facilities (whether revocable or irrevocable, conditional or unconditional) which the bank has committed itself to provide, and claims which the bank has committed itself to purchase or underwrite. In the case of undrawn (overdraft) facilities, the advised limit must be included in the measure of exposureG (after deduction of any provisions). In the case of loans, the net outstanding balance as shown in the books of the bank must be included in the measure of exposureG after deduction of any provisions. Such claims would include but are not limited to:
          (i) Loans and other credit facilities (including overdrafts) whether or not drawn;
          (ii) ExposuresG arising through lease agreements;
          (iii) Margin held with exchanges or counterparties;
          (iv) Claims under derivative contracts such as futures, forwards, options, swaps and similar contracts on interest rates, foreign currencies, equities, securities, commodities or indexes;
          (v) Claims arising in the course of settlement of securities transactions;
          (vi) Receivables such as fees or commissions;
          (vii) Claims arising in the case of forward sales and purchases of financial instruments in the trading or banking books;
          (viii) Amounts outstanding under sale and repurchase agreements, forward asset purchase agreements, buyback agreements, stock borrowing/lending or similar transactions;
          (ix) Bonds, bills or other non-equity financial instruments; and
          (x) UnderwritingG exposuresG for bonds, bills, or other non-equity financial instruments.
          (b) Contingent liabilitiesG arising in the normal course of business, and those contingent liabilitiesG which would arise from the drawing down in full of undrawn advised facilities (whether revocable or irrevocable, conditional or unconditional) which the bank has committed itself to provide. In the case of undrawn overdraft, L/C or similar facilities, the advised limit must be included in the measure of exposureG . Such liabilities may include:
          (i) Direct credit substitutes (including guarantees, standby letters of credit, bills accepted but not held by the reporting bank, and endorsements creating payable obligations);
          (ii) Claims sold with recourse (i.e. where the credit risk remains with the reporting bank);
          (iii) Transaction related contingents not having the character of direct credit substitutes (e.g. performance bonds, bid bonds, transaction-related L/Cs etc);
          (iv) Undrawn documentary letters of credit issued or confirmed; and
          (v) Credit derivatives sold (where the bank is providing credit protection);
          (c) Any other assets or transactions whose value depends wholly or mainly on a counterparty performing its obligations, or whose value depends upon that counterparty's financial soundness but which do not represent a claim on the counterparty. Such assets or transactions include:
          (i) Equities and other capital instrumentsG (including significant investments in commercial entities—see CM-5.5.1.E for definition);
          (ii) Equity warrants, options, or equity derivatives where the reporting bank is obtaining credit protection; and
          (iii) UnderwritingG or purchase commitments for equities; and
          (d) Any other assets, receivables or transactions which constitute a claim for the bank which are not included in (a), (b) or (c) above. Such items could include funds or assets provided to a fund/asset manager. Banks must regard assets placed with third parties under management as exposuresG . Under no circumstances may a bank place funds with fund managers (or mudaribs or trustees) that also act as custodian.
          Amended: January 2015
          Amended: July 2011
          Amended: April 2011
          Amended: January 2011
          October 2007

        • CM-5.3.2

          As a general rule, exposuresG must be reported on a gross basis (i.e. no offset). However, debit balances on accounts may be offset against credit balances on other accounts with the bank if:

          (a) A legally enforceable right of set off exists in all cases (as confirmed by a independent legal opinion addressed to the bank) in respect of the recognised amounts;
          (b) The debit and credit balances relate to the same customer or to customers in the same group (for a group facility, a full cross guarantee structure must also exist before debit balances on accounts may be offset against credit balances i.e. full multilateral guarantees must be in place between all the companies within the group);
          (c) The bank intends either to settle on a net basis, or to realise the debit balances and settle the credit balances simultaneously; and
          (d) The transactions are subject to the regulation in respect of close-out netting under market contract (see Appendix CM-4).
          Amended: January 2015
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-5.3.3

          Large exposuresG are calculated using the sum of the nominal amounts before the application of risk weighting and credit conversion factors for:

          (a) On-balance sheet claims;
          (b) Guarantees and other contingent claims; and
          (c) Potential claims in the case of undrawn facilities.

          The amount at risk from derivativeG contracts is taken to be the credit equivalent amount calculated based on the guidelines for the prudential returns (see Module CA). In the case of equity exposuresG , the current fair value as shown in the books of the bank must be taken as the measure of exposureG .

          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-5.3.4

          In case of syndicated facilities, the nominal amount would include only the bank's share of the syndication and any amounts for which binding commitments from other financial institutions are not available. Where a binding commitment is available, that amount would be excluded in calculation of the large exposuresG . See Section CM-5.6 for exemptions.

          Added: January 2011

        • CM-5.3.5

          A bank's exposureG arising from securitiesG ' trading operations is calculated as its net long position in a particular securityG (a short position in one securityG issue may not be offset against a long position in another issue made by the same issuer). A bank's 'net long position' in a securityG refers to its commitment to buy that securityG together with its current holdings of the same securityG , less its commitment to sell such securitiesG .

          Amended: January 2011
          October 2007

        • CM-5.3.6

          "Underwriting" is defined as "A binding commitment by the reporting bank to purchase securities issued by, or provide syndicated loans/credit facilities to (as the case may be) an unconnected party ("the issuer" or "the borrower") at a mutually agreed price. Underwriting does not take place if a bank commits to purchase its own securities or securities issued by a party connected to it as there is no transfer of risk; therefore banks may not utilise the limits concerned with these definitions in connection with any commitments to any connected counterparties." Temporary exposureG limits for "underwriting" and other investmentG business related exposuresG are covered in more detail in paragraphs CM-5.6.2A-F.

          Amended: July 2012
          Added: January 2011

      • CM-5.4 Identity of Counterparty

        • CM-5.4.1

          For the purposes of measuring exposuresG , the counterpartyG will generally be: the person from whom the concerned funds are receivable (in the case of fees and commissions etc.); the borrower (customer) in the case of credit facilities; the person guaranteed, the issuer of a securityG in the case of a securityG held, or the party with whom a contract was made in the case of a derivativeG contract.

          Amended: January 2011
          October 2007

        • CM-5.4.2

          Where a third party has provided an eligible guarantee, and subject to the guaranteed bank's policy statement not stating otherwise, the guaranteed bank may be permitted to report the exposureG as being to the third party guarantor, rather than the person guaranteed (see Chapter CA-4 for full conditions relating to the recognition of guarantees for regulatory purposes).

          Amended: January 2015
          Amended: January 2011
          October 2007

      • CM-5.5 Limits for Large Exposures

        • Definitions and Aggregate Limit on Large Exposures

          • CM-5.5.1

            A 'large exposureG ' is any exposureG to counterpartyG or a group of closely related counterpartiesG which is greater than, or equal to, 10% of the reporting bank's consolidated Total Capital.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.5.1A

            'Capital instrumentG ' 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 (such as convertible murabaha). 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 instrumentsG . Sukuk or senior debt instruments would not normally be regarded as "capital instrumentsG " unless they have convertibility features. Equity-like contracts such as joint venture musharaka contracts (investmentsG but not financing) are also included in this definition. The musharaka stake is classified as a capital instrumentG at onset.

            Amended: January 2012
            Added: January 2011

          • CM-5.5.1B

            'AcquisitionG ' means the acquiring by a bank of beneficial or legal ownership of capital instrumentsG issued by another entity. This would not include securities underwriting until the expiry of the underwriting period (where separate arrangements apply elsewhere in this Module). AcquisitionG may also be in the form of exercising of rights to take control of capital instrumentsG pledged as collateral. The pledging of capital instrumentsG by a customer to a bank as collateral (e.g. for the purpose of obtaining credit) does not in itself mean that an "acquisitionG " has taken place. AcquisitionG also does not include the establishment of new subsidiariesG by the bank. Regulatory requirements for the establishment of SPVs and subsidiariesG are contained in Section BR-5.2.

            Amended: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.5.1C

            'InvestmentG ' is any holding by a bank of capital instrumentsG 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 "investmentG ". In this case 'holding' means legal or beneficial ownership of capital instrumentsG .

            Amended: January 2012
            Added: January 2011

          • CM-5.5.1D

            A bank is defined as "closely linkedG " with:

            (a) Any person/entity which qualifies as a controllerG of the concerned bank as defined in Chapter GR-5;
            (b) Any entity which is a subsidiaryG of the bank; and
            (c) Any entity which is an associate of the bank.
            Amended: January 2015
            Amended: January 2012
            Amended: April 2011
            Added: January 2011

          • CM-5.5.1E

            A "major investmentG " is defined as any acquisitionG or investmentG in the capital instrumentsG of another entity by a Bahraini conventional bank licenseeG which is equivalent to or more than 10% of the Bahraini conventional bank licensee's consolidated total capital.

            Amended: October 2016
            Amended: April 2015
            Amended: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.5.1F

            [This Paragraph was deleted in January 2015].

            Deleted: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.5.2

            Total Capital has the same meaning as when used in Section CA-1.1.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.5.3

            The aggregate of large exposuresG may not exceed 800% of the bank's consolidated Total Capital (there are separate sub-limits for "significant investments" in Section CM-5.11), whether funded or not funded, i.e. contingent commitments.

            Amended: October 2016
            Amended: January 2015
            Amended: January 2011
            October 07

          • CM-5.5.3A

            The CBB requires that any large exposureG , as defined in Paragraph CM-5.5.1, must be priorly approved by the bank's Board of Directors.

            Added: January 2017

        • Single Exposure Limit to Unconnected Counterparties – 15%

          • CM-5.5.4

            A bank may not incur an exposureG to an individual counterpartyG or group of closely related counterpartiesG (not connected to the reporting bank) which exceeds 15% of the reporting bank's consolidated Total Capital without the prior written approval of the CBB. Where such limit has been exceeded whether with or without the prior approval of the CBB, the excess amount must be risk-weighted at 800%.

            Amended: January 2015
            Amended: January 2011
            October 2007

        • Closely Related Counterparties — Definitions

          • CM-5.5.5

            'Closely related counterpartiesG ' are two or more counterpartiesG who constitute a single risk because one of them has, directly or indirectly, a controlling interest in the other(s) (i.e. 20% or more voting rights), or counterpartiesG connected in such a way that the financial soundness of any one of them may affect the financial soundness of the other(s), or the same factors may affect the financial soundness of both or all of them.

            Amended: January 2011
            October 07

          • CM-5.5.5A

            The CBB shall exercise its discretion in considering two or more counterpartiesG of a bank as closely related on a case by case basis if it finds during its onsite or offsite supervisory review any linkage of such counterparties.

            Added: January 2017

          • CM-5.5.6

            'Controlling interest' means either significant ownership (i.e. 20% or more of the voting rights) or any other interests (including, but not limited to, the ability to exercise or control the exercising of voting power in the other party) which enable the holder, or which would enable a proposed transferee, thereof to exercise significant influence over the management and business of the other party.

            Amended: July 2012
            Amended: January 2011
            October 2007

        • Limit on Exposures to Connected Counterparties – 25% Aggregate

          • CM-5.5.7

            ExposuresG to connected counterparties may be justified only when undertaken for the clear commercial advantage of the bank, when negotiated and agreed on an arm's length basis, and when included in the large exposuresG policy statement agreed with the CBB.

            Amended: January 2011
            October 2007

          • CM-5.5.7A

            A bank may not exceed the individual or aggregate connected counterparty limits shown in Paragraph CM-5.5.11 without the prior written approval of the CBB.

            Added: July 2012

          • CM-5.5.8

            A bank may not undertake exposuresG to its own external auditors shall be permitted. In this context, 'external auditors' refers to the firm/partnership, the partners, the directors and managers of the audit firm.

            Amended: January 2011
            October 2007

          • CM-5.5.9

            For the purpose of this Module, 'Connected counterparties' includes companies or persons connected with the bank, including, in particular; controllersG of the bank, (and their appointed board representatives) as defined in Chapter GR-5, subsidiariesG , associates and related parties of the bank as defined by IFRS; holders of controlled functionsG in the bank as defined by Module LR-1A and their close family members(as defined by IFRS – IAS 24); members of the Shari'a Supervisory Board.

            Amended: January 2015
            Amended: July 2012
            Amended: July 2011
            Amended: January 2011
            October 2007

          • CM-5.5.9A

            Equity participations in and credit exposures to consolidated banking and financial subsidiaries (see CM-5.3.1(c)) need not be included in exposures to connected counterparties for the sake of the table in CM-5.5.11. Equity participations in and credit or financing exposures to unconsolidated subsidiaries are included in the definition of exposure in order to understand the degree of support the parent is supplying to its unconsolidated subsidiaries on a day-to-day basis.

            Added: January 2015

          • CM-5.5.9B

            The CBB shall exercise its discretion in applying the definition of connected counterpartiesG of a bank on a case by case basis if it finds during its onsite or offsite supervisory review any linkage of such counterparties.

            Added: January 2017

          • CM-5.5.10

            Lending to senior management is covered under Chapter CM-6. All credit facilities to senior management are included under the limits given in the table under Paragraph CM-5.5.11.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.5.11

            ExposureG limits for connected counterparties have been set as listed below. ExposuresG (both on and off-balance sheet) to all connected counterpartiesG listed below, when taken together, may not exceed 25% of consolidated Total Capital. Where any of these limits have been exceeded whether with or without the prior approval of the CBB (see Paragraph CM-5.5.7A), the excess amount must be risk-weighted at 800%.

            Connected Counterparties Individual Limit Aggregate Limit
            Controllers and their subsidiariesG 0% 0%
            Approved personsG (and their close family members) and Shari'a Board Mem 10% 25%
            Associates, other related parties not mentioned above, and unconsolidated subsidiariesG 15% 25%
            Total (including senior management and others) 25%
            Amended: October 2015
            Amended: January 2015
            Amended: July 2013
            Amended: July 2012
            Amended: January 2011
            October 2007

        • 0% Limit on Exposures to Controllers

          • CM-5.5.12

            Banks must not undertake exposuresG to their controllersG as defined in Chapter GR-5 or to subsidiariesG of such controllersG (i.e. there is a 0% limit for such exposuresG ), however smaller shareholders will be subject to the normal exposureG limits outlined in CM-5.5.4. Directors who are also controllersG (or the appointed board representatives of such controllersG ) are subject to the 0% limit.

            Amended: January 2015
            Amended: January 2011
            October 2007

        • Deductions from Total Capital

          • CM-5.5.13

            The CBB will closely examine all exposuresG to "connected counterparties" and will deduct them from the bank's consolidated Total Capital if they are, in the CBB's opinion, of the nature of a capital investmentG , or provision of long-term working capital, or are made on particularly concessionary terms.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.5.14

            Reciprocal cross-holdings of capital between a bank and its controllersG (see GR-5) which artificially inflate the capital of licensee concerned are not permitted. Any cross-holdings that occur due to acquisitionsG or takeovers must be deducted from the concerned bank's Total Capital (see also CA-2).

            Amended: January 2015
            Added: January 2011

          • CM-5.5.15

            Any other form of connected lending outside the scope of the above will be dealt with by the CBB on a case-by-case basis.

            Amended: January 2011
            October 2007

      • CM-5.6 Exempt or Temporary Exposures

        • Exempt Exposures to Parties not Connected to the Bank

          • CM-5.6.1

            Certain types of exposureG are exempt from the 15% exposureG limit set out in CM-5.5.4, but prior notification of commitment to such exposuresG must be made to the CBB and then retrospectively on a quarterly basis using the Form PIR provided in Appendix BR-5.

            Amended: April 2011
            Amended: January 2011
            October 2007

          • CM-5.6.2

            These exemptions fall into the following categories and are subject, in each case, to the policy statement as agreed with the CBB:

            (a) Short term (i.e. up to three months original maturity) interbank exposuresG to parties not connected to the reporting bank;
            (b) ExposuresG to GCC governments, and their public sector entities that do not operate on a commercial basis, as set out in the guidelines to the PIR (see Module CA) where such bodies are not connected to the reporting bank;
            (c) ExposuresG to OECD central governments or exposuresG secured by OECD central government securitiesG / guarantees;
            (d) ExposuresG secured by cash or GCC government securitiesG /guarantees;
            (e) Specific connected short-term exposuresG agreed with and approved in advance by the CBB, in particular those arising from a group Treasury function (see Paragraph CM-5.6.5);
            (f) Pre-notified exposuresG which are covered by a guarantee from the bank's parent (see Paragraphs CM-5.6.7 to CM-5.6.10); and
            (g) Sukuk or other securities issued or guaranteed by the Islamic Development Bank or any of its subsidiariesG .
            Amended: January 2015
            Amended: January 2011
            October 2007

        • Temporary Exposure Limits to Commercial Entities not Connected to the Bank

          • CM-5.6.2A

            In certain circumstances outlined below, banks may apply on a case-by-case basis to the CBB for approval of certain underwriting or investmentG business related exposuresG above the 15% single exposureG limit (in CM-5.5.4) for periods of up to 3 months where the entity is a commercial entity.

            Amended: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.6.2B

            A bank may not incur an exposureG which arises when a bank enters into a legally binding commitment to underwrite a securities issue or to provide a syndicated loan for another commercial entity not connected to the bank, which exceeds 15% of the bank's consolidated Total Capital without the prior written approval of the CBB. The maximum level of such exposuresG per counterparty that the CBB may approve must not exceed 30% of the concerned bank's consolidated Total Capital during the three-month period.

            Amended: April 2015
            Amended: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.6.2C

            Such securities underwriting exposures must be included in the trading book policy statement of a bank wishing to use this higher temporary limit. Any residual holdings of securities or syndicated loan commitments held for more than three months from the commitment date of underwriting must be risk-weighted at 800% where there are any excesses above the materiality thresholds outlined in Paragraph CA-2.4.25. Where the lead bank has obtained legally binding irrevocable (i.e. full) commitments from other institutions to participate in the concerned securities issue or to participate in providing the syndicated loan facilities, the lead underwriter or syndicate manager may show participations to the concerned sub-underwriting/ participating institution rather than to the issuer of the security or the loan obligor. The CBB will not allow any bank to include syndicated credit facilities to, or holdings of securities issued by any of the concerned bank or its connected counterparties (including SPVs connected through ownership, control or establishment) to be included in this temporary 30% limit.

            Amended: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.6.2D

            A bank may not incur any temporary large exposuresG arising from investmentG business (where the intention by the concerned bank is to securitize such assets or place them with investors), which exceeds 15% of the bank's consolidated total capital without the prior written approval of the CBB. The maximum level of such temporary exposuresG that the CBB may approve per individual exposureG must not exceed 25% of the concerned bank's consolidated total capital for a maximum six-month period. Any such exposuresG held for more than six months from the originating date of the exposureG must be risk-weighted at 800% where there is any excess above the materiality thresholds mentioned in Paragraph CA-2.4.25. In order for a bank to be allowed such exposuresG , it must have in place a written detailed due diligence policy and procedures for such business which must be approved by the bank's board of directors.

            Amended: January 2015
            Amended: January 2012
            Added: January 2011

          • CM-5.6.2E

            In order to qualify for these temporary limits, banks must submit a request for each individual exposureG to the CBB and the CBB shall respond within two weeks from the date of receiving a complete set of all required documents. The CBB will take into account any existing exposuresG to the concerned counterparties in its consideration of any application for such temporary large exposuresG limits.

            Amended: April 2012
            Amended: January 2012
            Added: January 2011

          • CM-5.6.2F

            In the case of any subsequent proposed increment in the amount of exposureG (for example where a limit of 20% has been approved), the CBB's prior approval must be obtained (as outlined above). CBB approval for fair value changes to holdings/ underwritings of securities during the temporary approval period will not be required.

            Amended: April 2012
            Amended: January 2012
            Added: January 2011

          • CM-5.6.2G

            Temporary large exposuresG arising from investment business (where the intention by the concerned bank is to securitize such assets or place them with investors) referred to in Paragraph CM-5.6.2D are not subject to the 'connected counterparty' and significant investments in commercial entities limits and treatments during the six-month period. After the expiry of this period, the limits and deduction treatments relating to significant investments in commercial entities and 'connected counterparties' apply.

            Amended: January 2015
            Added: January 2012

        • Exempt Exposures to Connected Counterparties

          • CM-5.6.3

            ExposuresG to subsidiariesG which are always fully consolidated on a line-by-line basis for all supervisory purposes are exempt from the limits in this Module on a consolidated basis, however banks must observe the CBB's solo capital adequacy requirements in Module CA.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.6.4

            ExposuresG to unconsolidated subsidiariesG (normally non-financial and outside the scope of regulatory consolidation) are not exempt from the limits in this Module and are included under the limits for exposuresG to associates, related parties and unconsolidated subsidiaries.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.6.5

            Banks may apply to the CBB to take on a treasury role on behalf of the group as a whole (provided that the group is subject to consolidated supervision by its home supervisor). The CBB's policy regarding the taking on of a treasury role includes exposuresG arising from a central risk management function. Such exposuresG must be approved by the CBB before they may be exempted.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.6.6

            In the above scenario (Paragraph CM-5.6.5), for example, exposuresG of more than 15% of the Total Capital to a parent bank from a subsidiary bank may be permitted where they constitute short term lending of excess liquid funds.

            Amended: January 2015
            October 07

        • Exposures Undertaken by a Subsidiary Bank

          • CM-5.6.7

            Where exposuresG undertaken by a Bahrain subsidiary of an overseas bank are guaranteed by its parent bank, the Bahrain subsidiary bank may be deemed to have an exposureG to its parent bank.

            Amended: January 2011
            October 2007

          • CM-5.6.8

            Under the terms of this Module (see Paragraph CM-5.6.2(f)), such indirect exposuresG to a parent bank may be exempted from the limits on large exposuresG if the CBB is satisfied that:

            (a) Such exposuresG have been pre-notified to the CBB for the CBB's approval and are entered into within the terms of a policy agreed by the parent bank;
            (b) There are guarantees in place from the parent bank to protect the subsidiaryG should the exposureG become impaired or require to be written off; and
            (c) In the case of banks, which are the Bahrain subsidiariesG of overseas banks, the supervisory authority of the parent bank has approved the exposuresG that can be undertaken by the Bahrain subsidiaryG .
            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.6.9

            In the case of a Bahrain incorporated bank's subsidiaryG inside Bahrain, in order for an exposureG exceeding 15% of Total Capital to be acceptable in the subsidiaryG , the Bahrain parent bank must at all times have the capacity to take on the exposureG to the third party, without itself exceeding the limit of 15% of its own Total Capital. Also, the total exposureG of the banking group to the customer must be within 15% of the parent bank's consolidated Total Capital.

            Amended: January 2015
            Amended: January 2011
            October 2007

          • CM-5.6.10

            The CBB will need to be satisfied that adequate control systems are in place to ensure that risks taken in the group as a whole are properly monitored and controlled.

            Amended: January 2011
            October 2007

      • CM-5.7 Reporting of Exposures

        • CM-5.7.1

          All conventional bank licenseesG are required to report their 25 largest exposuresG to banks as well as their 25 largest exposuresG to non-banks to the CBB on a quarterly basis using the Form PIR provided in Appendix BR-5.

          Amended: July 2015
          Amended: April 2015
          Amended: April 2014
          Amended: October 2009
          October 2007

        • CM-5.7.1A

          All Bahraini conventional bank licenseesG must report the financial details of each large exposureG , as defined under Paragraph CM-5.5.1, in Appendix BR-19, as required under Paragraph BR-3.1.10.

          Added: July 2015

        • CM-5.7.1B

          All Bahraini conventional bank licenseesG must report all their exposuresG to connected parties on a monthly basis using the form provided in Appendix BR-11, as required under Paragraph BR-4.3.4.

          Added: July 2015

        • CM-5.7.2

          Banks are required to adopt policies and set internal limits, which will not lead to the exposureG limit(s) referred to above being exceeded as a matter of course.

          October 07

        • CM-5.7.3

          For some banks, the CBB may determine it prudent to set lower exposureG limits than the ones given in this Module.

          Amended: January 2011
          October 2007

        • CM-5.7.4

          Should any bank incur, or may incur an exposureG to an individual counterpartyG (other than an exempt exposureG ) which results in or may result in it exceeding any of the limits set out above, this must be reported immediately to the CBB for its consideration. Where the exposureG or counterparty is not exempt, action must be taken to immediately bring the exposureG back within applicable limits as soon as possible.

          Amended: July 2011
          Amended: January 2011
          October 2007

      • CM-5.8 Policy Statements

        • CM-5.8.1

          The CBB requires each Bahraini conventional bank licenseeG to set out its policy and internal limits on large exposuresG , including limits for differing types of exposuresG to individual customers, banks, corporates, countries and economic and market sectors, in a policy statement which must be formally approved by the Board of Directors and then submitted to the CBB. The Policy Statement must be part of the Risk management Policy of the bank. Furthermore, banks must not implement significant changes to these policies without prior discussion with the CBB.

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-5.8.2

          The policy statement must identify 'connected counterpartiesG ' and the bank's policies towards lending to and investing in these counterpartiesG .

          Amended: July 2011
          October 2007

        • CM-5.8.3

          The bank must explain and justify any requests for exemptions for lending to/investmentsG in connected counterpartiesG .

          Amended: July 2011
          October 2007

        • CM-5.8.4

          Each bank will be expected to justify to the CBB in the policy document its policy on exposuresG to individual counterpartiesG , including the maximum size of an exposureG contemplated.

          Amended: January 2011
          October 2007

        • CM-5.8.5

          ExposuresG to counterpartiesG connected with the bank will continue to be particularly closely examined.

          October 07

        • CM-5.8.6

          The necessary control systems to give effect to a bank's policy on large exposuresG must be clearly specified and monitored by its Board.

          Amended: July 2011
          October 2007

        • CM-5.8.7

          Banks are required to implement appropriate internal systems and controls to monitor the size of their Total Capital on a daily basis to ensure that the limits detailed in this Module are not exceeded.

          Amended: January 2015
          October 07

      • CM-5.9 Concentrations in Geographic, Economic and Market Sectors

        • CM-5.9.1

          The extent to which a bank may be prudently exposed to a particular geographic, economic and market sector will vary considerably depending upon the characteristics and strategy of the bank, and the sector concerned.

          Amended: January 2011
          October 2007

        • CM-5.9.2

          Concentrations should also be recognised in not just geographic and economic sectors, but also in markets (e.g. individual stock exchanges). The CBB will not apply common maximum percentages to banks' sectoral or market exposuresG but, instead, will continue to monitor such exposuresG on an individual and general basis.

          Amended: January 2011
          October 2007

        • CM-5.9.3

          Banks must specify in their policy statements how they define geographic, economic and market sectors, and what limits apply to differing sectors.

          Amended: January 2011
          October 2007

        • CM-5.9.4

          ExposuresG and limits for sectors must be reviewed at least quarterly by the Board of Directors.

          Amended: July 2011
          October 2007

        • CM-5.9.5

          Banks which have over 10% of their risk-adjusted assets in market risk (i.e. the trading book) must also set market risk concentration limits.

          October 07

      • CM-5.10 Major Investments

        • Credit Risk and Investment Risk

          • CM-5.10.1

            Where a bank acquires a holding of the capital instrumentsG of another entity, the concerned bank acquires risk in that entity. The risk exposureG to a bank through the acquisitionG of capital is arguably greater than that acquired by providing a loan or other credit facilities in four ways:

            (a) The rights of a shareholder are subordinated to those of ordinary creditors in the event of liquidation of the concerned entity.
            (b) Loans and other shorter-term credit facilities have an explicit obligation on the borrower to repay the sum advanced or committed. Share capital has no such commitment (with the exception of some subordinated debt). InvestmentsG in the capital of an entity can only be realized by the sale of the concerned capital instruments to a third party, or by winding up the concerned entity.
            (c) A capital investmentG in a third party entity (particularly where the investmentG is significant in size) is a pledge of capital to the concerned entity to fund its longer-term activities. The funds concerned are no longer available to be used by the investor bank to fund its activities.
            (d) There may be reputational and legal risk to the investing bank, particularly if the bank has a “control relationship” with the concerned entity.
            Added: January 2011

          • CM-5.10.2

            In view of the above, the supervisory treatment of major investmentsG requires special consideration which goes further than the monitoring of large exposuresG of banks as outlined earlier in Chapter CM-5.

            Amended: October 2016
            Added: January 2011

          • CM-5.10.2A

            [This Paragraph was moved to Paragraph CM-5.11.5 in October 2016]

            Amended: October 2016
            Amended: January 2015
            Added: July 2014

        • Initial Approval Requirement for Major Investments

          • CM-5.10.3

            All Bahraini conventional bank licenseesG must obtain the CBB's prior written approval before making a "major investment" (as described in CM-5.5.1E) in another commercial entity (whether incorporated inside or outside of Bahrain). [This Paragraph was moved to CM-5.10.3A, CM-5.10.3B, CM-5.10.3C and CM-5.10.3D in October 2016].

            Amended: October 2016
            Amended: April 2015
            Amended: January 2015
            Amended: April 2014
            Amended: July 2012
            Amended: January 2012
            Added: January 2011

          • CM-5.10.3A

            All Bahraini Conventional bank licenseesG must obtain the CBB's prior written approval before any future increases in the bank's ownership of any of the existing major investmentsG in excess of 5% of such exposure.

            Added: October 2016

          • CM-5.10.3B

            Where the percentage ownership increase is due to revaluation or change in the capital of the bank, the bank must provide a written notification to the CBB, outlining the percentage increase and the reason for such increase.

            Added: October 2016

          • CM-5.10.3C

            Where a percentage ownership increase as described in Paragraph CM-5.10.3B occurs, the 800% risk weight rule will apply as it exceeds the single large exposure limit outlined in Section CM-5.5.

            Added: October 2016

          • CM-5.10.3D

            Any bank wishing to acquire a "major investment" in another entity must address the points outlined in Paragraph CM-5.10.10 of this Section so that the CBB may make an informed review of the request. Banks must submit such request to the CBB and the CBB shall respond within 2 weeks from the date of receiving a complete set of all the required documents.

            Added: October 2016

          • CM-5.10.4

            Any major investmentG by a Bahraini conventional bank licenseeG in the capital instruments of another entity must be included in the measure of an "exposureG " for the purposes of Module CM, i.e. such major investmentsG must be aggregated with all other facilities to a client for the purpose of calculating the level of "large exposuresG ".

            Amended: October 2016
            Amended: January 2015
            Amended: April 2014
            Added: January 2011

          • CM-5.10.5

            The CBB reserves the right to require Bahraini conventional bank licenseesG to dispose of any major investmentsG acquired without its prior approval. Where a "major investmentG " is acquired without approval of the CBB, then the entire value of the holding must be deducted from the consolidated Total Capital of the concerned bank. Approval will not be given for "major investments" in entities incorporated in jurisdictions where secrecy constraints exist or there are restrictions on the passage of information to the bank (other than customer confidentiality requirements imposed by financial regulators).

            Amended: October 2016
            Amended: January 2015
            Amended: April 2014
            Added: January 2011

        • [This Section was deleted in October 2016.]

          Deleted: October 2016

          • CM-5.10.6

            [This Paragraph was moved to Section CM-5.11 in October 2016]

            Amended: October 2016
            Amended: January 2015
            Amended: April 2014
            Amended: July 2012
            Added: January 2011

          • CM-5.10.7

            [This Paragraph was moved to Section CM-5.11 in October 2016]

            Amended: October 2016
            Amended: January 2015
            Amended: April 2014
            Added: January 2011

          • CM-5.10.8

            [This Paragraph was moved to Section CM-5.11 in October 2016]

            Amended: October 2016
            Amended: January 2015
            Amended: April 2014
            Added: January 2011

        • Other Requirements

          • CM-5.10.9

            If a bank's close linksG with another entity prevent effective supervision of the bank (or bank group), the CBB may refuse or revoke a license or require a bank to sell or otherwise dispose of entities within its corporate group, or to restructure the banking group.

            Added: January 2011

        • CBB Criteria for Assessment of Major Investments by Bahraini Conventional Bank Licensees

          • CM-5.10.10

            In assessing any proposed major investmentG mentioned above, the CBB will take into account the following points:

            (a) The amount of the proposed major investmentG relative to the existing consolidated Total Capital of the bank;
            (b) Existing capital adequacy ratios on a consolidated basis and forecast ratios after the major investmentG has gone ahead;
            (c) The adequacy of information flows from the investee company to the concerned bank;
            (d) Experience and fit and proper matters relating to the senior personnel associated with the proposed major investmentG ;
            (e) Risks associated with the proposed major investmentG ;
            (f) Disclosure and exchange of (supervisory) information (in the case of a foreign major investmentG );
            (g) Adequacy of host supervision (in the case of a foreign major investmentG );
            (h) Current investmentsG and concentrations in exposuresG of the concerned bank;
            (i) The compliance of the concerned bank with the CBB's rules and regulations (e.g. reporting issues), and the adequacy of internal systems and controls;
            (j) The extent of holdings by any other shareholders (holding 5% or more of the capital of the concerned entity) or controllersG of the concerned entity;
            (k) Whether the proposed activities are in line with the Memorandum & Articles of Association of the bank;
            (l) The accounting treatment of the proposed major investmentG ;
            (m) Whether the major investmentG relates to a closely-linked party, connected party, or controllerG in any way;
            (n) The existence of secrecy laws or constraints over supervisory access to the premises, assets, books and records of the concerned entity in which a "major investmentG " is being acquired;
            (o) The impact and extent of goodwill and intangibles upon the capital adequacy and balance sheet of the bank on a consolidated basis; and
            (p) The bank's existing and forecast liquidity position (as a result of the major investmentG ) and how the major investmentG is to be funded (e.g. by the issuance of new capital or sale of other investmentsG ).
            Amended: October 2016
            Amended: April 2015
            Amended: January 2015
            Added: January 2011

      • CM-5.11 Limits on Significant Investments

        • CM-5.11.1

          No Bahraini conventional bank licenseeG may have a significant investment in the capital instruments of a commercial entity where the significant investment amount and any other exposureG to the subject entity is more than 15% of the concerned bank's consolidated Total Capital.

          Amended: October 2016

        • CM-5.11.2

          The total amount of a bank's significant investments in unconnected commercial entities may not exceed 60% of the concerned bank's consolidated Total Capital.

          Amended: October 2016

        • CM-5.11.3

          Any excesses above the limits in Paragraphs CM-5.11.1 and CM-5.11.2 must be risk-weighted at 800% according to Paragraph CA-2.4.25.

          Amended: October 2016

        • CM-5.11.4

          For purposes of this Section, 'significant investments' in a commercial entity is defined as any investmentG in the capital instrumentsG of a commercial entity by a Bahraini Conventional bank licenseeG which is equivalent to or more than 10% of the issued common share capital of the issuing commercial entity.

          Added: October 2016

        • CM-5.11.5

          This section refers to the treatment of investments in entities which are otherwise not connected to the concerned bank (i.e. the bank's connection to the entity is by way of shareholding or holding of other capital instruments). If a bank is investing in a company where there is a connection by way of mutual directors or mutual parent, or some other relationship that makes the investee a 'related party' as defined by IFRS, then the 'significant investment' must be treated as an exposure to a connected counterparty and the concerned limits and rules for exposures to connected counterparties apply.

          Added: October 2016

    • CM-6 Staff Loans

      • CM-6.1 Reporting and Compliance

        • CM-6.1.1

          The CBB's prior written consent must be obtained for any loan to an employee where the amount of such loan, either singly or when added to an existing loan(s) outstanding to that employee at that date, would be equal to or in excess of BD 100,000, or its equivalent in foreign currency. Banks must notify the CBB in writing of any senior employee who fails to discharge his repayment obligations.

          Amended: April 2014
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-6.1.1A

          Where a bank seeks the CBB's prior approval as required under Paragraph CM-6.1.1, in its request, the bank must confirm that the employee loan is in line with the bank's board approved policy. The request must also confirm that the bank has made an internal assessment and evaluation when reaching the decision to grant the employee loan and that all necessary internal approvals have been obtained.

          Added: April 2014

        • CM-6.1.2

          Banks must ensure that the provisions of relevant laws (including, specifically, the Bahrain Labour Law) are observed at all times in this area.

          October 07

    • CM-7 Write-off – Credit Facility

      • CM-7.1 Write-offs

        • CM-7.1.1

          All Bahraini conventional bank licenseesG must notify the CBB of any write-off of an exposure of an amount in excess of BD 100,000, or its equivalent in foreign currency.

          Amended: October 2016
          Amended: October 2015
          Amended: July 2011
          Amended: January 2011
          October 2007

        • CM-7.1.2

          Such notification should be accompanied by documentary evidence showing, beyond reasonable doubt, that the customer does not possess the resources to fulfil the outstanding obligation.

          October 07

        • CM-7.1.3

          All Bahraini conventional bank licenseesG must obtain the CBB's written no-objection before writing off any of the following:

          (a) ExposuresG to or guaranteed by any approved personG of the bank or any other CBB licenseeG ;
          (b) [This Subparagraph was deleted in October 2016];
          (c) ExposuresG to controllers, subsidiaries, associates and SSB members of the bank;
          (d) [This Subparagraph was deleted in October 2015];
          (e) ExposuresG to any business entity for which the bank or any of its approved personsG is a related party such as a board member, a shareholder owning 5% or more, a person assuming a managerial role, a guarantor; and
          (f) ExposuresG to any controllerG of another CBB licenseeG (as defined in Section GR-5.2 — Definition of Controller).
          Amended: October 2016
          Amended: October 2015
          Amended: July 2011
          Amended: January 2011
          April 2008
          October 2007

        • CM-7.1.3A

          All branches of foreign banks must obtain the CBB's written no-objection before writing off the exposures listed in CM-7.1.3 from (a) to (f) except for (c).

          Added: October 2016

        • CM-7.1.4

          All conventional bank licenseesG must notify the CBB of any applicable exposuresG outlined in Paragraph CM-7.1.3 that are classified as non-performing loans.

          Amended: October 2016
          Added: October 2015

        • CM-7.1.5

          In order to comply with Subparagraphs CM-7.1.3 (a) and (f), conventional bank licenseesG should refer to the CBB register on the CBB Website which contains a list of approved personsG and controllersG of all CBB licenseesG .

          Amended: October 2016
          Added: October 2015

    • CM-8 Consumer Finance

      • CM-8.1 Overview

        • CM-8.1.1

          This Chapter sets out various requirements regarding the provision of consumer finance within the Kingdom of Bahrain, by the CBB licensees. The aim of these requirements is to encourage:

          (a) Prudent lending by licensees providing consumer finance; and
          (b) The transparent disclosure of the full costs and terms on which licensees offer consumer finance.
          Amended: January 2011
          October 2007

        • Application Date

          • CM-8.1.2

            The content of this Chapter is to be applied to all consumer finance facilities entered into or renewed after 1 January 2005. The application date of the "Code of Best Practice on Consumer Credit and Charging" is 1 September 2007. All conventional banks which offer consumer finance facilities to residents of Bahrain must follow the Code after 1 September 2007. Failure to observe the requirements of this Chapter or the Code may result in Enforcement Action under module EN. The Code is attached as Appendix CM-2 in Part B of the Rulebook.

            October 07

      • CM-8.2 The CBB's Approach to Consumer Finance

        • CM-8.2.1

          The CBB favours an open, market-based approach to the operations of licensees, to the extent consistent with its regulatory objectives of ensuring a stable financial system and the fair treatment of licensees' customers.

          Amended: January 2011
          October 2007

        • CM-8.2.2

          Bank licensees are reminded of their obligation to implement a sound internal controls framework, including an effective credit culture (see, for instance, Section CM-2.3). Bank licensees are also reminded of their obligations to display and communicate charges and APRs clearly (see, for instance, Section BC-4.3).

          October 07

        • CM-8.2.3

          The CBB has noted the growth in consumer finance as a proportion of outstanding credit facilities over the past few years. The CBB is concerned that this growth should not be at the cost of declining credit quality. Furthermore, the CBB wishes to see further improvements in licensees' transparency in their dealings with their customers, as regards the costs and terms of their lending. Strong competition in this segment of the market increases the need for licensees to be vigilant and to resist pressures to relax standards.

          Amended: January 2011
          October 2007

        • CM-8.2.4

          The measures presented in this Chapter should be viewed as minimum standards, rather than best practice. They are aimed at encouraging prudent lending and full, frank and fair disclosures, rather than dictating comprehensively how licensees should engage in consumer finance. These measures should be read in conjunction with the "Code of Best Practice on Consumer Credit and Charging" which was agreed jointly between the CBB and the Bahrain Association of Banks (see Appendix CM-2).

          Amended: April 2014
          October 07

        • CM-8.2.5

          These measures will be kept under review in the light of market developments and adjusted accordingly. If the CBB assesses that credit quality and effective transparency are being significantly undermined, then additional prescriptive measures will be considered.

          Amended: January 2011
          October 2007

        • On-going Effort by the CBB

          • CM-8.2.6

            These measures form part of a wider response by the CBB. The CBB recognizes that a key contributor to ensuring a sounder credit environment is the credit reference bureau.

            Amended: January 2011
            October 2007

          • CM-8.2.7

            The CBB supervisors and examiners will also focus on banks' implementation of the "Code of Best Practice on Consumer Credit and Charging" in their on-going supervision of licensees, to monitor and encourage sound lending practices and disclosure standards.

            Amended: January 2011
            October 2007

      • CM-8.3 Definition of Consumer Finance

        • CM-8.3.1

          Consumer finance is the provision of any form of credit facility to an individual excluding:

          (a) Any loan secured by a first charge on residential property to an individual, where the borrower lives in, or intends to live in the property;
          (b) Any credit facility secured by cash or investmentsG , where the security provided more than covers the principal of the credit facility; and
          (c) The provision of any form of credit to an individual for business purposes where the facility is to be repaid from the business activities of the borrower.
          Amended: January 2011
          October 2007

        • CM-8.3.2

          For the purposes of the Rulebook, 'credit facility' includes personal overdraft facilities, credit cards, consumer loans or other financing facilities. 'Consumer loans' are defined as loans for a fixed period to individuals for non-business purposes.

          October 07

      • CM-8.4 Maximum Limits

        • Total Repayments Ratio

          • CM-8.4.1

            Licensees may only provide a new consumer facility (or renew, extend or otherwise modify an existing consumer facility) for an amount such that the borrower's total monthly repayments on all his consumer finance commitments do not exceed 50% of his monthly gross income. This limit may only be exceeded in the circumstances described in Paragraphs CM-8.4.6 and CM-8.4.10.

            October 07

          • CM-8.4.2

            When reviewing an applicant for a consumer facility, licensees may only take into consideration regular income. A spouse's income may only be taken into consideration when the credit facility would be in joint names, such that the spouse would also be legally liable for the obligation incurred.

            October 07

          • CM-8.4.3

            Notwithstanding the above limit, licensees must review in detail an applicant's personal financial standing and ability to service their obligations. Where a spouse's income is being taken into consideration, then their individual circumstances must also be similarly assessed. In many cases, these reviews may require consumer finance repayments to be kept significantly below 50% of monthly gross income.

            October 07

          • CM-8.4.4

            Licensees must enquire as to applicants' sources of income, their past credit history, their regular outgoings and other financial commitments, including potential liabilities such as guarantees. Particular attention must be paid to housing costs (such as payments to Eskan Bank). A person's regular income, net of consumer finance repayments and other financial obligations, must remain sufficient for that person to support himself and any dependents. Licensees must also take into account likely future trends in income and outgoings, and the impact this may have on the 50% ratio.

            Amended: October 2013
            Amended: July 2011
            October 2007

          • CM-8.4.5

            When factoring in credit cards into the repayment limit in Paragraph CM-8.4.1 above, licensees must include 5% of the credit limits available on these facilities. If the amounts outstanding (including profit) under such facilities exceed their limit, then the full amount outstanding must be included in the repayments ratio calculation. Charge cards are not included under this definition.

            Amended: October 2016
            Amended: July 2011
            October 2007

          • CM-8.4.6

            In the case of high earners – defined for these purposes as persons earning more than BD 3,000 month - the 50% limit may be relaxed, providing that the licensee has undertaken the review required in Paragraph CM-8.4.4 above and is satisfied that the borrower can comfortably support a higher facility service ratio.

            October 07

          • CM-8.4.7

            The review undertaken to satisfy requirements in Paragraph CM-8.4.4 above must be documented and made available to the CBB's examiners on request. The documentation must include all relevant information used to support the decision to extend credit facilities. In the case of high earners granted a facility in excess of the 50% limit, the documentation must also include a written statement, signed by an appropriate member of management, explaining the justification for relaxing the limit.

            Amended: January 2011
            October 2007

        • Maximum Tenor Limit

          • CM-8.4.8

            The maximum tenor for instalment consumer finance facilities is seven years. The tenor may not be extended more than twice during the period of the agreement.

            October 07

          • CM-8.4.9

            The CBB does not believe it prudent for licensees to encourage lending by offering long-term borrowing to fund short-term consumption. The CBB will review the development of market practices in this respect and will consider further measures if required.

            Amended: January 2012
            Amended: January 2011
            October 2007

        • Non-compliant facilities

          • CM-8.4.10

            Where a customer's monthly gross income falls (e.g. due to redundancy or disability or a similar event outside the control of the customer), the bank must identify such accounts as 'technically non-compliant'. If a customer requests an extension to the tenor of the facility due to reduced income, then the bank may increase the term to assist the customer. The bank must take account of the 50% limit outlined in Paragraph CM-8.4.1. Such facilities must also be identified as 'technically non-compliant'. Banks must report all facilities that remain 'technically non-compliant' to the CBB at the end of each quarter.

            Amended: October 2019
            Amended: July 2012
            October 07

      • CM-8.5 [This Section was deleted in October 2012 and requirements are now included in Section BC-4.3]

        • [Deleted]

          • CM-8.5.1

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.2

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.3

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.4

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

        • [Deleted]

          • CM-8.5.5

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.6

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.7

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.8

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.9

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.10

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.11

            [This paragraph was deleted in October 2012]

            Deleted: October 2012

          • CM-8.5.12

            [This Paragraph was deleted in October 2011].

            Deleted: October 2011

      • CM-8.6 Refunds and Prepayments

        • Refund/Adjustment of Insurance Pemium on Loan Prepayments and Top-Ups

          • CM-8.6.1

            Banks/financing companies must refund/adjust proportionately the insurance premium charged on individual loans when the borrower either requests for a top-up or prepayment of the loan as per the prescribed formula below:

            Refund/Adjustment Amount = Remaining period to Maturity X Premium Paid
             Original Maturity 
            Added: April 2008

        • Early Repayment Fees/Charges

          • CM-8.6.2

            [This paragraph was deleted in April 2018].

            Deleted: April 2018
            Amended: July 2013
            Amended: January 2011
            Added: April 2008

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