2018-05-29
The Capital Markets Authority has amended its Licensing and Registration Regulation to formally add the Internal Audit Unit to registrable functions and prescribe specific qualification examinations for eleven designated roles. The updated framework requires approved institutions to register key personnel, including CEOs and compliance officers, while granting a grandfathering exemption to professionals with at least fifteen years of prior financial securities experience. These amendments standardize registration and examination pathways across the capital markets sector and take effect upon official publication.
Announcement No 35 On the amendment of the Licensing and Registration Regulation in the Capital Markets- Series 2000 Pursuant to the Law No 161 dated 17/8/2011 on Capital Markets, Pursuant to the decision of the Capital Markets Authority’s Board No17/6/2018 taken in its meeting held on 21/5/2018, We inform you of the following: First: The "Internal Audit Unit" function was added to the registrable functions related to the financial activity to be registered with the Capital Markets Authority upon the successful completion of the qualification examinations determined for it, Hence, Paragraph (1) of Article 2402 Part “E” of the Licensing and Registration Regulation related to the Registrable functions was amended to read the following: 1- The approved institution is prohibited to appoint any person not registered with the Authority to fulfill any of the following functions: i) CEO, Managing Director or General Manager – the person who has ultimate responsibility for the management of an approved institution’s business. ii) Senior Executive Officer – a person who has ultimate responsibility for one or more parts of an approved institution’s business. iii) Director – a person who is a director on the governing body of an approved institution. iv) Finance Officer – the person who has ultimate responsibility for an approved institution’s financial administration and controls and for compliance with prudential and capital requirements. v) Head of Compliance – the person who is responsible for compliance matters related to an approved institution’s business. vi) Anti-Money Laundering Reporting Officer – the person who is responsible for the implementation of an approved institution’s anti-money laundering policies and procedures. vii) Risk Management Officer – the person who is responsible for the design and implementation of an approved institution’s risk management policies and procedures.
viii) Internal Audit Officer - The person responsible for monitoring the adequacy and effectiveness of the systems and controls of the Approved institution, evaluating the internal controls, risk management policies and procedures, and reviewing the financial statements and the records of the Approved institution ix) Senior Manager – any person who is responsible in whole or in part for the management, supervision or control of one or more parts of an approved institution’s business or administration. x) Client Representative – any person whose functions include dealing with clients of an approved institution’s securities business, including sales representatives, investment advisors, portfolio managers and corporate finance professionals, as prescribed by the Authority. xi) Trader – any person who deals in securities as agent for clients or for an approved institution as principal. xi) Trader – any person who deals in securities as agent for clients or for an approved institution as principal. 2 - The Annex 5 of the Licensing and Registration Regulation related to Registrable functions and prescribed qualification examinations was amended to read the following:
Annex 5 Registrable functions and prescribed qualification examinations The Authority has designated the following functions as requiring registration under article 2402. Registered persons must perform all such functions.
Function Qualification Examinations
Business conduct exam 9. Senior Manager: including heads of business lines or product areas Securities exam Derivatives exam Business conduct exam
Client representative: -Account representative