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MENA Asset Management Survey 2012 - National Bank of Abu Dhabi

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Bahrain / Kuwait<br />

Exchange Traded Funds<br />

Questions Bahrain Kuwait<br />

communicated and understood by its<br />

investors.<br />

What is the level <strong>of</strong> supervision required over a custodian in your jurisdiction? Custodians are required to be domiciled in Bahrain and licensed by the CBB under CBB To be licensed and supervised by CMA<br />

in compliance with the provisions <strong>of</strong><br />

Rulebook Volume 1 (for conventional CMA law 7/2010<br />

banks), Volume 2 (for Islamic banks) and<br />

Volume 4 (for investment business<br />

licensees). They are also subject to ongoing<br />

supervision by the CBB.<br />

Fund Exemption<br />

Can fund be exempt from regulation? Bahrain domiciled exempt funds regime<br />

exists with a lighter touch regulatory regime.<br />

Bahrain domiciled PIUs are only subject to<br />

registration requirements, but are not subject<br />

to on-going supervisory requirements.<br />

Marketing<br />

Marketing restrictions Advertisements in respect <strong>of</strong> Bahrain<br />

domiciled retail and expert CIUs must be:<br />

(a) Fair and not misleading;<br />

(b) Clear and self–explanatory (describing<br />

the nature or type <strong>of</strong> CIU<br />

to which the advertisement relates);<br />

(c) State any assumptions on which claims<br />

in advertisements are<br />

based;<br />

(d) Include risk warnings, including the<br />

potential for loss, that are prominently<br />

presented and not obscured or disguised;<br />

(e) Not describe CIUs as “guaranteed”<br />

unless there is a legally<br />

No<br />

As stated in CMA law 7/2010 no party<br />

can set up funds outside Kuwait or<br />

market funds inside Kuwait without CMA<br />

pre approval<br />

139

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