Skip to main content

By Bernardo Vizcaino

Bahrain has become the first country in the Gulf outside Saudi Arabia to clarify its treatment of capital-boosting instruments under Basel III rules, saying the instruments must include loss absorption features.

Its decision, which is in line with Saudi Arabia, a member of the committee which drafted Basel III, could influence regulators in other Gulf states that have not yet clarified their stance, such as the United Arab Emirates and Qatar.

Banks across the Gulf have been waiting for regulatory guidance on how subordinated debt instruments will be treated under Basel III, a set of stricter banking rules which are being phased in around the world over the next several years.

It is up to each national regulator to decide how to interpret the rules; Bahrain's central bank has drafted separate rule books for conventional and Islamic banks, proposing they both come into effect in January 2015.

Its rules detail the treatment of subsidiaries when calculating a bank's capital adequacy requirements and explain the use of subordinated debt, which can count towards Tier 1 core or Tier 2 supplementary capital.

Loss absorption is a requirement for capital-boosting instruments to be converted into equity if the issuer faces insolvency. Bahrain would require Tier 1 instruments to absorb losses either by converting them into common shares, or through a gradual write-down mechanism which forces losses on holders of the instruments in stages.

So far, Bahraini banks have not issued subordinated debt, in part because of a lack of regulatory guidance. Saudi Arabian banks have seen a flurry of such issuance since last year, when the regulator started implementing Basel III.

Related Articles

Q&A with Edwin Northover, Debevoise & Plimpton LLP

Debevoise & Plimpton LLP won the Insurance Law Firm of the Year award at the ALB Hong Kong Law Awards 2024, apart from being the sponsor of the Insurance In-House Team of the Year award. Edwin Northover, Asia-based corporate partner and head of the firm’s financial institutions and corporate practices in Asia, talks about the firm's recent achievements, trends in the insurance industry, and future outlook for insurance law in Hong Kong.

Kramer Levin and Herbert Smith Freehills plan latest law firm mega-merger

by Reuters |

U.S. law firm Kramer Levin Naftalis & Frankel and global legal giant Herbert Smith Freehills are planning to merge to create a firm with more than 2,700 lawyers, according to a joint statement on Monday.

Tokyo International makes Singapore debut with SE Asia in its sights

by Sarah Wong |

Japanese boutique Tokyo International Law Office (TKI) is set to establish its first overseas outpost with the opening of a Singapore office in January 2025, marking a significant milestone in the rapidly expanding firm's global strategy.