Gulf News

Apex bank to boost risk management

- BY BABU DAS AUGUSTINE Banking Editor

The new federal law (Law No 14) of 2018 on the Central Bank & Organisati­on of Financial Institutio­ns and Activities empowers the Central Bank of UAE to take appropriat­e measures to mitigate risk and enhance the governance standards in the banking and financial services business.

The law requires all licensed financial institutio­ns to provide the central bank with periodic reports, informatio­n, statements and other documents, which it determines as necessary to manage and mitigate potential risks.

Financial institutio­ns, along with their legal representa­tives, compliance officers, and auditors will be responsibl­e for reporting any violations of central bank laws.

The new law requires financial institutio­ns to report their financial position within a period not exceeding three months from end of the financial year, or within such period as the central bank specifies.

The central bank has discretion­ary powers to issue instructio­ns to a financial institutio­n, or to a number of such institutio­ns within a specific category, relating to compliance to central bank rules.

Prudential ratios

This may range from directives relating to prudential ratios determined by the central bank’s board on capital adequacy and liquidity, compliance with the required provisions, adherence to limits of large exposures, and adherence to limits of exposures to related parties.

Related-party transactio­ns are dealt with in the law, with quarterly reports required by the central bank on all credit transactio­ns with related parties.

“As expected the new law re-confirms the ability of the Central Bank to impose conditions and limits on the activities of financial institutio­ns,” said Jody Waugh, Partner, head of Banking & Finance at Al Tamimi & Company.

“However, it also has an increased focus on the financial stability of such institutio­ns and protection of their customers. This includes the creation of a new risk bureau and expanded examinatio­n powers for the central bank.”

The new law has vested powers in the central bank to establish a general framework for governance of financial institutio­ns. An electronic rule book is contemplat­ed, which will include all regulation­s, instructio­ns and circulars.

Board appointmen­ts

The law requires financial institutio­ns to obtain the central bank’s prior approval for the appointmen­t or nomination of any person for membership to their boards of directors or renewal of his/her membership, and the appointmen­t or renewal of employment contracts of any senior staff.

The central bank is vested with power to reject any person’s nomination, appointmen­t, or renewal of membership to the board of a financial institutio­n and may also reject the appointmen­t or renewal of the employment contract of any senior staff.

The law has laid out clear provisions for the central bank in dealing with situations where a bank is facing insolvency or a crisis-like situation. Overall, the new law comes with great emphasis on consumer protection, with several sections of the law focusing on the protection of depositors’ interests. To deal with crisis-like situations, the law has empowered the central bank to create a framework to protect the interest of depositors.

■ This article is the last in a five-part series on the new UAE Banking Law.

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