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Article (1): Definitions

C 3/2024 Effective from 25/7/2024
1.1
Bank: Any juridical person licensed in accordance with the provisions of the Central Bank Law, to primarily carry on the activity of taking deposits, and any other Licensed Financial Activities.
 
1.2
Board: The LFI's board of directors.
 
1.3
CCO: The Chief Credit Officer of an LFI, this includes the Head of Credit, or any similar designation which denotes the highest level of authority for this role within the LFI.
 
1.4
Central Bank: The Central Bank of the United Arab Emirates.
 
1.5
1.6
CEO: The Chief Executive Officer of an LFI.
 
1.7
Counterparty Credit Risk: Transactions that give rise to counterparty credit risk include: OTC derivatives, exchange-traded derivatives, long settlement transactions and securities financing transactions that are bilaterally or centrally cleared. Counterparty credit risk may result from (but is not limited to) transactions with LFIs and corporate entities.
 
1.8
Country Risk: The risk of loss caused by geopolitical, economic or natural events in a foreign country. The concept is broader than sovereign risk because it covers exposures to all types of obligors in the country, including individuals, corporates, banks and government entities. Country risk can have direct and indirect impacts on credit risk, market risk, operational risk, reputational risk and several other risk types. Country risk also covers transfer risk, i.e. the risk that an obligor is not able to convert local currency into a foreign currency, thereby reducing its ability to repay its debt in foreign currency. Such risk arises from foreign exchange restrictions imposed by the government in the country of the obligor.
 
1.9
Credit Facility (“Facility”): Any legal agreement that gives rise to financial obligations or commitments that are legally binding or perceived to be legally binding on one of the parties in a transaction. In the context of this regulation, credit facilities should be understood in the broad sense as credit exposure via any financial instrument, including amongst others, on-balance sheet credit facilities, capital market instruments, receivables, off-balance sheet contracts including but not limited to guarantees/letters of credit, as well as Counterparty Credit Risk arising from over-the-counter derivatives contracts and securities financing transactions including Shari’ah compliant facilities.
 
1.10
Credit Risk: The potential loss arising from the likelihood that a borrower or counterparty fails to meet its obligations in accordance with agreed terms of a lending agreement.
 
1.11
Credit Risk Mitigation (“CRM”): Cash flows derived from liquidation of collateral and other sources that may be utilised to mitigate against financial loss as described in this regulation and the accompanying standards.
 
1.12
CRO: The Chief Risk Officer of an LFI this includes the Head of Risk, or any similar designation which denotes the highest level of authority for this role within the LFI.
 
1.13
Days-Past-Due (“DPD”): A payment is considered past due if it has not been made by its contractual due date. The days-past-due is the number of calendar days that a payment is due, i.e. the number of days for which a payment is late.
 
1.14
Default: As defined in Article 6 of this regulation and the accompanying standards.
 
1.15
Deferrals: A payment is considered deferred if it has not been made on or by its contractual due date with the formal agreement of the LFI to delay the single instalment.
 
1.16
Group of Connected Counterparties: as defined in the Central Bank’s Large Exposures Regulation.
 
1.17
Interest: For the purpose of this regulation and the accompanying standards, the treatment of ‘interest’ used for conventional finance applies to ‘profit’ used for Islamic finance unless an exception from the Central Bank and the Higher Shari’ah Authority is obtained for Shari’ah compliance purposes.
 
1.18
Islamic Financial Services: Shari'ah compliant financial services offered by Licensed Financial Institutions that conduct all or part of their activities and businesses in accordance with the Islamic Shari’ah (“Islamic Financial Institutions” or “IFIs”).
 
1.19
Lending: For the purpose of this regulation, the treatment of ‘lending’ used for conventional finance also apply to ‘financing’ used for Islamic finance.
 
1.20
Licensed Financial Institutions (“LFI”): as defined under the Central Bank Law.
 
1.21
Obligor: Individual or entity or group of entities that have a Credit Facility with the LFI.
 
1.22
Parent and Subsidiary: An entity (the 'first entity') is a parent of another entity (the 'second entity') if any of the below requirements are met:
 
1.22.1
The first entity holds more than 50% shareholding in the second entity;
 
1.22.2
The first entity holds more than 50% of the voting rights in the second entity;
 
1.22.3
The first entity is a shareholder of the second entity and has the right to appoint or remove a majority of the Board of directors or managers of the second entity;
 
1.22.4
The first entity is a shareholder of the second entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the second entity; or
 
1.22.5
The second entity is a subsidiary of another entity which is itself a subsidiary of the first entity.
 
1.23
Past Due: A financial asset is past due when an Obligor has failed to make a payment when that payment was contractually due, that is if any part of the contractual Interest and/or principal payment (or the debt due in case of IFIs’ debt-based structures) is not met on time. The number of days past due is non-cumulative, where the most recent payment cures the earliest contractual breach.
 
1.24
Purchased or Originated Credit Impaired (“POCI”): Credit Facility that is already impaired at the time when it is purchased or originated.
 
1.25
Related Parties: The Group and its controlling shareholders, members of the Board and Senior Management (and their Relatives) and persons with control, joint control or significant influence over the LFI (and their Relatives).
 
1.26
Relatives: The individual's parents, siblings and children.
 
1.27
Repayment: For the purpose of this regulation, the requirements applied to “repayment” in the context of conventional finance also apply to “payment” in Islamic finance context. The timing of such repayment is called the repayment structure. In many cases Interest and/or a charge to the principal balance is added in exchange for lending/financing services and/or to cover the time value of money/compensation for the exchange.
 
1.28
Restructured Credit Facility: As defined in Article 8 of this regulation.
 
1.29
Retail Obligor: For the purpose of this regulation, retail obligors refer to individuals to whom Credit Facilities are granted to satisfy that individual’s personal needs. It also includes SME, small business Credit Facilities for which Credit Risk is managed by the LFI using similar methods as applied for personal Credit Facilities. If this is not the case, then SME will be classified as wholesale.
 
1.30
Risk Appetite: The aggregate level and types of risk an LFI is willing to assume, decided in advance and within its risk capacity, to achieve its strategic objectives and business plan.
 
1.31
Risk Governance Framework: As part of the overall approach to corporate governance, the framework through which the Board and management establish and make decisions about the LFI's strategy and risk approach; articulate and monitor adherence to the Risk Appetite and Risk Limits relative to the LFI's strategy; and identify, measure, manage and control risks.
 
1.32
Risk Limits: Specific quantitative measures that must not be exceeded based on, for example, forward-looking assumptions that allocate the LFI's aggregate Risk Appetite to business lines, legal entities or management units within the LFI or group in the form of specific risk categories, concentrations or other measures as appropriate.
 
1.33
Risk Management Function: Collectively, the systems, structures, policies, procedures and people that measure, monitor and report risk on an LFI-wide and, if applicable, group-wide basis.
 
1.34
Risk Profile: Point in time assessment of the LFI's risk exposures aggregated within and across each relevant risk segment based on current or forward-looking assumptions.
 
1.35
Senior Management: The executive management of the LFI responsible and accountable to the Board for the sound and prudent day-to-day management of the LFI, generally including, but not limited to, the chief executive officer, chief financial officer, chief risk officer, chief credit officer and heads of the compliance and internal audit functions.
 
1.36
Significant Increase in Credit Risk (“SICR”): Material deterioration in credit-worthiness of a Credit Facility since its initial recognition as articulated in Article 7 of this regulation.
 
1.37
Small to Medium sized Enterprise (SME): includes small, micro and medium businesses, provided that the businesses meet the thresholds of employee headcount and turnover, as defined by the Federal Cabinet Resolution No. 22 of 2016 which sets out the Small to Medium sized Enterprise definition for the purposes of Federal Law No. 2 of 2014 or any subsequent amendments to the Federal laws defining an SME.
 
1.38
Stages: Stages are employed to classify Credit Facilities according to their current and expected credit worthiness.
 
1.39
Wholesale: Any Obligor that is not considered a Retail Obligor as defined in this regulation.