2022-06-06

Law No. 46 of 2012 Amending Law No. 1 of 2005 Regarding Banks and Adding a Special Chapter for Islamic Banking

The national banking regulator issued this legislation to amend the foundational 2002 Banking Law and integrate a comprehensive regulatory framework for Islamic banking. The law mandates strict capital adequacy, liquidity, and corporate governance standards for all commercial banks while introducing Sharia-compliant financial products and profit-sharing mechanisms. It further empowers the central bank with enhanced supervisory authorities, including mandatory reporting, inspection rights, and penalty imposition to ensure systemic financial stability.

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Law No. (1) of 2002 Regarding Banks, Amended by Law No. (64) of 2015

Part One: Regarding the Central Bank

Chapter One: Nature of the Bank and its Functions

Article One Article Two Article Three Article Four (Amended by Law No. 64 of 2015)

Article Five First: Second: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015)

Article Six Article Seven (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015)

Article Eight Article Nine Article Ten Article Eleven First: Second: Article Twelve Article Thirteen

Chapter Two: Management of the Bank

Article Fourteen Article Fifteen Article Sixteen First: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Appointed for a term of five years Second: Article Nineteen Article Twenty Article Twenty-One Article Twenty-Two First Second

Chapter Three: Regarding the Bank's Accounts

Article Twenty-Three Article Twenty-Four Article Twenty-Five Article Twenty-Six Article Twenty-Seven Article Twenty-Eight Article Twenty-Nine

Chapter Four: Regarding the Issuance of Currency

Article Thirty Article Thirty-One Article Thirty-Two (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Article Thirty-Four Article Thirty-Five Article Thirty-Six Article Thirty-Seven Article Thirty-Eight Article Thirty-Nine Article Forty

Chapter Five: Regarding the Regulation of Foreign Exchange Operations

Article Forty-One Article Forty-Two Article Forty-Three Article Forty-Four Article Forty-Five Article Forty-Six Article Forty-Seven (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Article Forty-Eight Article Forty-Nine Article Fifty Article Fifty-One Article Fifty-Two Article Fifty-Three Article Fifty-Four

Chapter Six: Regarding Supervision of Banks

Article Fifty-Five (Amended by Law No. 64 of 2015) Article Fifty-Six First: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Second (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Article Fifty-Seven First: Second: Third: Article Fifty-Eight Article Fifty-Nine Article Sixty Article Sixty-One Article Sixty-Two First (Amended by Law No. 64 of 2015) Second Third (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Fourth Article Sixty-Three Article Sixty-Four (Amended by Law No. 64 of 2015) (Added by Law No. 64 of 2015)

Part Two: Regarding Commercial Banks

Chapter One: Regarding the Establishment and Supervision of Banks

Article Sixty-Five First: Second: Article Sixty-Six First: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Second Article Sixty-Seven First: Second: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Third: Article Sixty-Eight First: Second: Third: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Fourth: Fifth: Article Sixty-Nine First: Second: Article Seventy First: (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Second Article Seventy-One (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Article Seventy-Two

Chapter Two: Regarding Bank Obligations

Article Seventy-Three Article Seventy-Four Article Seventy-Five Article Seventy-Six Article Seventy-Seven (Amended by Law No. 64 of 2015) Article Seventy-Eight (Amended by Law No. 64 of 2015) Article Seventy-Nine First: Second: Third: Article Eighty Article Eighty-One Article Eighty-Two Article Eighty-Three First: (Amended by Law No. 64 of 2015) Second: Third: Fourth: a – b – Article Eighty-Four (Amended by Law No. 64 of 2015) (Amended by Law No. 64 of 2015) Article Eighty-Five First: Second: Article Eighty-Six Article Eighty-Seven Article Eighty-Eight (Amended by Law No. 64 of 2015) Article Eighty-Nine First: Second: Article Ninety Article Ninety-One First: Second Third: Fourth: Article Ninety-Two

Chapter Three: General Provisions

Article Ninety-Three Article Ninety-Four Article Ninety-Five Article Ninety-Six Article Ninety-Seven Article Ninety-Eight Article Ninety-Nine Article One Hundred

Chapter Four: Provisions Specific to Islamic Banking

Article One Hundred-A First: (Added by Law No. 64 of 2015) Second Third Fourth Fifth Sixth Seventh Article One Hundred-A (5) First Second Article One Hundred-A (3) Article One Hundred-A (6) Article One Hundred-A (2) First Second Third Fourth Article One Hundred-A (4) Article One Hundred-A (7) First Second Third Article One Hundred-A (8) First: Second: Article One Hundred-A (9) First Second

Part Three: Penalties

Article One Hundred-One First: Second Article One Hundred-Two Article One Hundred-Three Article One Hundred-Four (Amended by Law No. 64 of 2015) Article One Hundred-Five First: Second: Article One Hundred-Six Article One Hundred-Seven Article One Hundred-Eight Article One Hundred-Nine Article One Hundred-Ten Article One Hundred-Eleven Article One Hundred-Twelve (Amended by Law No. 64 of 2015) Article One Hundred-Thirteen First: Second: Third: Article One Hundred-Fourteen Article One Hundred-Fifteen Article One Hundred-Sixteen Article One Hundred-Seventeen First: Second: Third: Fourth: (Amended by Law No. 64 of 2015) Article One Hundred-Eighteen Article One Hundred-Nineteen Article One Hundred-Twenty Article One Hundred-Twenty-One