BackText onlyPrint

You need the Flash plugin.

Download Macromedia Flash Player

Location: Central Bank of Bahrain Volume 6—Capital Markets > Archive > Part A > Collective Investment Undertakings > CIU — Collective Investment Undertakings > CIU-6 Shari'a Compliant CIUs
  • CIU-6 Shari'a Compliant CIUs

    • CIU-6.1 Additional Requirements

      • Application

        • CIU-6.1.1

          This Chapter applies to all retail CIUsG and expert CIUsG that hold themselves out to be managed in accordance with Shari'a compliant principles.

        • CIU-6.1.2

          The rules included in this Chapter are additional to other applicable rules contained in other Chapters of this Module. In applying Rule CIU-6.1.1 to overseas domiciled retail CIUsG and overseas domiciled expert CIUsG , the CBB may accept other specific arrangements as having equivalent effect.

      • Constitution

        • CIU-6.1.3

          All CIUsG defined in Rule CIU-6.1.1 must ensure that their prospectusG contains provisions describing the Shari'a compliant nature of the CIUG , the process for achieving such compliance, and the names of the Shari'a Advisers appointed under Rule CIU-6.1.4.

      • Shari'a Advisers

        • CIU-6.1.4

          The operatorG of CIUsG defined in Rule CIU-6.1.1 must appoint two or more Shari'a Advisers and ensure that:

          (a) Appointments, dismissals or other changes in respect of members of the Shari'a Advisers are approved by the governing body of the CIUG (i.e. its directors or trustees, as appropriate);
          (b) The Shari'a Advisers are independent of the CIU and its operatorG — amongst other things, no Shari'a Adviser should be a director, trustee or controller of the CIUG or its operatorG ;
          (c) The Shari'a Advisers selected are suitably qualified and experienced for their role; and
          (d) The Shari'a Advisers are given sufficient resources and access to information and personnel in order to undertake effectively their role as Shari'a Advisers to the CIUG .

      • Shari'a Compliance

        • CIU-6.1.5

          CIUsG defined in Rule CIU-6.1.1 must comply with all applicable standards issued by the Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI).

      • Compliance Monitoring and Reporting

        • CIU-6.1.6

          The operatorG of CIUsG defined in Rule CIU-6.1.1 must ensure that the operations and investments of the CIUG are subject to compliance reporting and monitoring by its Shari'a Advisers, in accordance with applicable AAOIFI standards.

        • CIU-6.1.7

          The annual report to CIU participantsG must contain a report and opinion from the CIU'sG Shari'a Advisers:

          (a) Explaining the work undertaken by the Shari'a Advisers to verify compliance by the CIUG with the Shari'a; and
          (b) Giving an opinion on the extent of the CIU'sG compliance with the Shari'a.

        • CIU-6.1.8

          CIUsG defined in Rule CIU-6.1.1 must report without delay to the CBB changes to their Shari'a Advisers, together with an explanation for the change. All such changes must be reflected in an update to the CIU'sG prospectusG (and simplified prospectusG where applicable).

        • CIU-6.1.9

          With reference to Rule CIU-6.1.8, CIUsG should also note Rules CIU-1.5.4 and CIU-1.5.5.

Back to top