Kuwait CMA Rules & Regulations key terms
Kuwait CMA Rules & Regulations · Get comfortable with the vocabulary.
- Capital Markets Authority (CMA)
- Related: Law No. 7 of 2010, Boursa Kuwait
Kuwait's independent regulator established under Law No. 7 of 2010, responsible for supervising securities activities, licensing market participants, protecting investors and developing the capital market.
- Law No. 7 of 2010
- Related: Capital Markets Authority (CMA), Executive Bylaws
The primary Kuwaiti statute regulating securities activity and establishing the Capital Markets Authority, together with its executive bylaws and resolutions issued by the CMA Board.
- Executive Bylaws
- Related: Law No. 7 of 2010, CMA Board Resolution
Detailed implementing regulations issued by the CMA Board under Law No. 7 of 2010, covering licensing, offerings, disclosure, governance, collective investment schemes and enforcement procedures.
- Boursa Kuwait
- Related: Capital Markets Authority (CMA), Market Maker
The licensed securities exchange on which Kuwaiti listed shares, bonds and other securities trade, operating under CMA supervision and its own approved market rules.
- Licensed Person
- Related: Regulated Activity, Compliance Officer
An entity granted a CMA licence to carry on a regulated securities activity such as dealing, managing investments, arranging transactions, custody or investment advice.
- Regulated Activity
- Related: Licensed Person, Client Asset Segregation
Any securities business specified in Law No. 7 of 2010 and its bylaws that may not be conducted without CMA authorisation, including dealing, managing, advising, arranging and safeguarding assets.
- Fit and Proper Test
- Related: Qualifying Holding, Senior Manager Approval
The CMA assessment of honesty, competence, financial soundness and reputation applied to licence applicants, shareholders with qualifying holdings, directors and senior managers.
- Qualifying Holding
- Related: Substantial Shareholder Disclosure, Fit and Proper Test
A shareholding in a licensed person or listed company at or above the threshold set by the CMA, which triggers notification and prior approval requirements before acquisition.
- Prospectus
- Related: Approved Offering, Material Information
The disclosure document published for a public offer of securities, containing all information necessary for investors to make an informed assessment of the issuer, the securities and the risks.
- Public Offer
- Related: Prospectus, Private Placement
Any invitation to the public to subscribe for or purchase securities, which requires CMA approval and a compliant prospectus unless a specific exemption applies.
- Private Placement
- Related: Public Offer, Qualified Investor
An offer of securities made to a limited number of qualified or professional investors, outside the public offer regime, subject to CMA conditions and resale restrictions.
- Qualified Investor
- Related: Private Placement, Retail Investor
An investor category defined by the CMA, typically institutions and high-net-worth individuals meeting specified criteria, who may access products and offers not available to retail investors.
- Material Information
- Related: Continuous Disclosure, Inside Information
Any information about an issuer or its securities that a reasonable investor would consider relevant in deciding whether to buy, sell or hold, and which must be disclosed promptly.
- Continuous Disclosure
- Related: Material Information, Periodic Financial Reporting
The ongoing obligation of a listed company to publish material information, periodic financial reports and governance disclosures promptly and without selective release to favoured recipients.
- Periodic Financial Reporting
- Related: Continuous Disclosure, Disclosure Committee
The scheduled publication of audited annual financial statements and reviewed interim results within CMA-prescribed deadlines, prepared under approved accounting standards.
- Inside Information
- Related: Insider Dealing, Material Information
Precise, non-public information relating to an issuer or its securities that, if made public, would likely significantly affect the security's price.
- Insider Dealing
- Related: Inside Information, Market Manipulation
Trading or procuring trading in securities while in possession of inside information, or unlawfully disclosing such information to another person, and a prohibited market abuse offence.
- Market Manipulation
- Related: Insider Dealing, Market Surveillance
Conduct that creates false or misleading signals about the supply, demand or price of securities, including fictitious trades, wash sales and disseminating false rumours.
- Collective Investment Scheme (CIS)
- Related: Fund Manager, Net Asset Value
An arrangement pooling investor money to invest in a portfolio of assets, managed by a licensed fund manager and subject to CMA authorisation, custody and valuation rules.
- Fund Manager
- Related: Collective Investment Scheme (CIS), Custodian
A CMA-licensed person responsible for directing the investments of a collective investment scheme in accordance with its stated objectives, investment policy and constitutional documents.
- Custodian
- Related: Client Asset Segregation, Fund Manager
A licensed institution that safekeeps scheme or client assets, independently of the manager, and performs settlement, recordkeeping and oversight duties to protect investors.
- Net Asset Value (NAV)
- Related: Collective Investment Scheme (CIS), Valuation Policy
The value of a scheme's assets less its liabilities, divided by the number of units in issue, used to price subscriptions and redemptions.
- Client Asset Segregation
- Related: Custodian, Regulated Activity
The requirement to hold client money and securities separately from the firm's own assets, in designated accounts, so that client property is protected on insolvency.
- Corporate Governance Code
- Related: Independent Director, Audit Committee
CMA-issued governance standards for listed companies covering board composition, independence, committees, disclosure and shareholder rights, applied on a disclose-and-explain basis.
- Independent Director
- Related: Corporate Governance Code, Audit Committee
A board member free of relationships with the company, its management or major shareholders that could materially affect objective judgement, as defined by CMA criteria.
- Audit Committee
- Related: Independent Director, Disclosure Committee
A board committee, chaired by an independent director, that oversees financial reporting, internal controls, external audit and the relationship with the statutory auditor.
- Disclosure Committee
- Related: Continuous Disclosure, Material Information
A management body responsible for identifying material information, coordinating its timely release and maintaining records supporting the issuer's continuous disclosure obligations.
- Substantial Shareholder Disclosure
- Related: Qualifying Holding, Acting in Concert
The obligation to notify the CMA and the exchange when holdings cross specified percentage thresholds, disclosing the size and nature of the interest and any change.
- Acting in Concert
- Related: Substantial Shareholder Disclosure, Mandatory Tender Offer
Cooperation between persons on the acquisition of securities or exercise of voting rights under an agreement or understanding, whose interests are aggregated for disclosure and takeover purposes.
- Mandatory Tender Offer
- Related: Acting in Concert, Control Premium
A takeover offer that must be made to all shareholders at a fair price once a person, alone or with concert parties, acquires control or crosses the prescribed voting threshold.
- Control Premium
- Related: Mandatory Tender Offer, Substantial Shareholder Disclosure
The extra amount paid above the market price to acquire a controlling block of shares, which informs the minimum price required in a mandatory tender offer.
- Suspicious Transaction Report (STR)
- Related: Customer Due Diligence, Financial Intelligence Unit
A report filed with Kuwait's Financial Intelligence Unit when a firm knows, suspects or has reasonable grounds to suspect that funds are proceeds of crime or linked to terrorism financing.
- Customer Due Diligence (CDD)
- Related: Beneficial Owner, Enhanced Due Diligence
The process of identifying clients, verifying identity using reliable documents, identifying beneficial owners and understanding the purpose and expected nature of the business relationship.
- Beneficial Owner
- Related: Customer Due Diligence (CDD), Enhanced Due Diligence
The natural person who ultimately owns or controls a client or the funds involved, identified under CMA rules by ownership thresholds and control criteria.
- Enhanced Due Diligence
- Related: Customer Due Diligence (CDD), Politically Exposed Person
Additional scrutiny applied to higher-risk relationships, such as politically exposed persons, correspondent relationships or clients from higher-risk jurisdictions, including source-of-funds checks.
- Politically Exposed Person (PEP)
- Related: Enhanced Due Diligence, Beneficial Owner
A person entrusted with prominent public functions, or a close associate or family member, whose relationships require enhanced due diligence and senior management approval.
- Financial Intelligence Unit (FIU)
- Related: Suspicious Transaction Report (STR), Anti-Money Laundering Law
Kuwait's national body that receives, analyses and disseminates suspicious transaction reports and other financial intelligence relating to money laundering and terrorist financing.
- Anti-Money Laundering Law
- Related: Suspicious Transaction Report (STR), Financial Intelligence Unit
Kuwaiti legislation criminalising money laundering and terrorist financing, imposing recordkeeping, reporting and due diligence duties on financial institutions and other regulated entities.
- Market Surveillance
- Related: Market Manipulation, Insider Dealing
The CMA and exchange function of monitoring trading, disclosures and participant conduct to detect market abuse, breaches of rules and threats to market integrity.
- Administrative Sanction
- Related: Market Surveillance, Licensed Person
A penalty imposed by the CMA for rule breaches, which may include warnings, fines, suspension or revocation of licence, or restrictions on a person's market activity.