Section 4
of International Banking Order, 2000
Section 4
(1)
An institution which desires to carry on international banking business or international Islamic banking business in or from within Brunei Darussalam shall, in the prescribed form, make an application to the Authority for a licence, such application to contain or be accompanied by the prescribed application fee and –
(a)
the name of the institution, the names and home addresses of the directors and a copy of the Memorandum of Association and Articles of
Association or other instrument under which the institution is incorporated or constituted;
(b)
the identities of every person (if not referred to above) who is to be a director or controller of the institution or a manager of its business;
(c)
a copy of the audited financial statements and annual report of the institution for the three years preceding the application or such lesser period as the Authority may agree to where such accounts and reports are unavailable;
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Bb_as of 08.05.2019
NOTE: Amendment on P1S1 and P45S2 [24.04.2019]; P3S1, P1S2, P10S2, P11S2, P16S2-P18S2P28S2, P31S2, P34S2, P35S2, P39S2,
8
BLUV as at 14th January 2016
(d)
particulars of any name (other than that of the institution itself) under which it proposes to carry on its business;
(e)
an undertaking appropriate to the class of licence sought in a form acceptable to the Authority which may impose different undertakings for different circumstances as to the persons or description of persons
(subject to section 2(5) of this Order being in either case persons not resident in Brunei Darussalam) to or for whom the institution proposes to provide international banking business, and as to the service and activities proposed to be offered to and with such persons;
(f)
a business plan in respect of the first three years of activities proposed under the license sought;
(g)
where applicable, the written approval of the home authority;
(h)
such other documents, if any, as may be prescribed.
(2)
After receiving an application under subsection (1), the Authority may require the applicant to submit such further information as the Authority reasonably considers necessary or desirable to enable the application to be fully assessed for the purposes of this
Order.
(3)
Any person who, in connection with an application for a licence, wilfully knowingly or recklessly furnishes any document or information which is false in a material particular shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred thousand dollars, imprisonment for a term not exceeding two years or both.
Criteria for granting or refusing licences.