Entire Section
Entities seeking authorisation as Banks
RPP 2-5-3
An entity seeking authorisation to be a Bank, and to carry on its activities in or from the DIFC, will be either:
(a) a branch of an existing bank; or(b) a subsidiary of an existing bank (wholly or partially owned); or(c) a start-up entityDerived from DFSA GM8/2011 (Made 28th April 2011). [VER 1/02-11]
Amended by Notice of Updates (Made 11th February 2015). February 2015 Edition
Amended by Notice of Updates (Made 23rd January 2017). February 2017 Edition
RPP 2-5-4
Where the applicant falls into categories (a) and (b) above, the
DFSA will pay particular attention to the soundness of the existing bank of which the proposedDIFC entity is a part. It is our expectation that the existing bank will be a source of strength1 for theDIFC entity. TheDFSA will also pay particular attention to the supervisory relationships it has, or will need to establish, with the supervisor(s) of the existing bank, whichever jurisdiction(s) that is based in. Being able to exchange supervisory information with other relevant supervisors is a cornerstone of the DFSA's regulatory approach.
1 The 'source of strength' doctrine is a well-established and understood concept in banking regulation. It is an expectation that the parent company of a regulated bank will be a source of financial strength and support to that regulated bank should it experience distress
Derived from Notice of Updates (Made 23rd January 2017). February 2017 Edition
RPP 2-5-5
Where the applicant falls into category (c) above, and so is a start-up entity, the
DFSA will, clearly, not be able to place reliance on existing banking entities or the strength of a larger group. The credibility and financial soundness of the proposed shareholders of the start-upBank will, therefore, be a key consideration for theDFSA , as it is these proposed shareholders that theDFSA would need to look to, to provide support to theBank , should it encounter difficulties.Derived from Notice of Updates (Made 23rd January 2017). February 2017 Edition
RPP 2-5-6
The
DFSA will have a greater degree of comfort with proposed shareholders who are themselves regulated financial institutions or who have a track record of investing in financial institutions and of providing support to those institutions, if and when such support has been needed. Similarly, if proposed shareholders demonstrably have the financial means to provide further support to the start-upBank , then this will allow theDFSA to take greater comfort.Derived from Notice of Updates (Made 23rd January 2017). February 2017 Edition
RPP 2-5-7
Applicants who wish to establish a start-up
Bank in theDIFC should consider carefully the implications of the absence of a central bank in theDIFC . For example, theDFSA would expect applicants to address how this fact would affect their:(a) business plan, including any impact on current or prospective credit ratings;(b) adequacy of capital and capital management plan;(c) plans for liquidity management; and(d) ability to deal with stressed situations, including a resolution plan.Derived from Notice of Updates (Made 23rd January 2017). February 2017 Edition
RPP 2-5-8
In formulating this policy the
DFSA recognises that it is not practical to provide information on the application of the policy to every possible scenario. Therefore, interested parties are invited to contact theDFSA if they have questions about the application of the policy to their particular circumstances.Derived from Notice of Updates (Made 23rd January 2017). February 2017 Edition