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Location: Central Bank of Bahrain Volume 6—Capital Markets > Part A > Institutions > CSD — Clearing, Settlement and Depository > CSD-A Introduction > CSD-A.1 Purpose > Legal Basis > CSD-A.1.17
  • Legal Basis

    • CSD-A.1.4

      Article 1 of the CBB Law defines "Financial Sector Support Institutions" and "Financial Institutions" and the definition includes institutions licensed for operating clearance houses, settlement of payments, cheques and financial papers, and institutions which are wholly or partly set-up by financial institutions licensed by the Central Bank in order to provide services of a pure financial nature to the financial services industry. Articles 38 and 39 of the CBB Law provides the Governor of the CBB with the power to issue Directives or regulations in respect of regulated services.

    • CSD-A.1.5

      Article 40 of the CBB Law states that no financial institution should be established or carry out any regulated services without the prior approval of the CBB.

    • CSD-A.1.6

      Article 80 (4) includes depository, clearance and settlement of securities as regulated activities of companies in the securities market.

    • CSD-A.1.7

      Article 94 of the CBB Law provides the CBB with the power to authorise registration of ownership of the securitiesG of a depositor in the name of a depository under a securitiesG deposit agreement in accordance with the form issued for this purpose by a depository.

    • CSD-A.1.8

      Subject to the rules and laws of evidence and electronic transactions, Article 96 specifies that computer data, electronic files, recorded telephone calls, telex and facsimile correspondance may be considered as forms of evidence of ownership of securitiesG when disputes relating to securitiesG occur.

    • CSD-A.1.9

      Articles 108 and 109 provides the CBB with the power to issue regulations regarding procedures for clearing and netting of transactions and related exceptions.

    • CSD-A.1.10

      Article 110 provides that the Central Bank shall issue terms and conditions for the provision of any pledge, insurance, collateral or title transfer collateral to beneficiaries according to a market contractG . Such terms and conditions are stipulated in detail under Resolution No (59) of 2011 in respect of Procedures Related to Pledging and Lien of Securities and the Discharge and Lifting of such Pledge and Liens, later amended as per Resolution No (30) of 2015.

      Amended: April 2016

    • CSD-A.1.11

      Article 178 provides the CBB with the power to issue regulations for enabling title to securitiesG to be evidenced and transferred without the need to produce a written instrument.

    • CSD-A.1.12

      Article 95 states that the CBB shall by regulation specify the procedures to be followed for the registration of pledges and liens on securitiesG and the discharge and lifting of such pledges and liens.

    • CSD-A.1.13

      Licensed clearing housesG and central depositoriesG shall be subject to Part 10 (Articles from 133 to 159) of the CBB Law with regards to cases of insolvency, the consequences of such insolvency and violation of the insolvency law by licenseesG , and compulsory liquidation. The CBB is entitled to place a licenseeG under administration in the event of insolvency, cancellation or amendment of the license of the clearing houseG or central depositoryG , and when it is in the best interests of the public to do so. Rules and regulations for placing a licenseeG under administration are set out in Articles 136143 of the CBB Law.

    • CSD-A.1.14

      Article 161 of the CBB Law stipulates a penalty for contravention of Article 40 of the CBB Law.

    • CSD-A.1.15

      This Module recognises Decree Law No (50) of 2014 regarding amendments to the provision of the Commercial Companies Law No (21) of 2001, particularly Articles 119 and 358A with respect to promulgating the CBB Law No (64) of 2006 related to the capital market regulated activities.

      Added: April 2016

    • CSD-A.1.16

      This Module contains the prior approval requirements for approved persons under Resolution No (23) of 2015.

      Added: April 2016

    • CSD-A.1.17

      This Module contains Resolution No (1) of 2007 (issued under Article 180 of the CBB Law) amended by Resolution No (26) of 2010 and further amended by Resolution No (1) of 2016 with respect to determining fees categories due for licensees and services provided by the CBB.

      Added: April 2016

    • CSD-A.1.18

      This Module contains Resolution No. (30) of 2015 in respect of amending Resolution No. (59) of 2011 for the purpose of extending the requirements related to the pledging and lien of securities and the discharge and lifting of such pledge and liens on securities issued by closed joint stock companies.

      Added: April 2016

    • CSD-A.1.19

      This Module contains Resolution No. (44) of 2014 with respect to promulgating a Regulation for Close-Out Netting under a Market Contract.

      Added: April 2016

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