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M9-FPS-01 Justice, Trade & Work Fiduciary & Professional Services CORE Excellence v2.9.7

Client Fund Segregation & Protection

This criterion assesses the robustness of an organization's practices in safeguarding client funds, ensuring absolute segregation from the organization's own assets. It evaluates the legal and operational measures taken to protect client assets from misuse, commingling, fraud, insolvency, and operational risks. Key elements include the enforceability of trust status via bank acknowledgement letters, the rigor of daily reconciliations, and the strength of cyber-fraud controls (e.g., MFA, maker-checker). The organization must demonstrate a proactive approach to third-party risk management, insurance adequacy based on peak exposure, and comprehensive contingency planning (e.g., CASS Resolution Packs) for the swift return of assets in distress. Transparency is paramount; clients must be fully informed of how funds are held, the Shari’ah contract governing them (e.g., Wadi’ah, Wakalah), and the purification of any impermissible income. This criterion ensures adherence to the Islamic principles of Amanah (trustworthiness), Hifz al-Mal (protection of wealth), and Adl (justice).

Basic 2
  • Client Agreements with Disclosure Schedule (pooling, fees, Shari'ah contract)
    Documentation Essential
  • Purification of all non-permissible income (interest, rebates, float)
    Shari'ah Compliance Essential
Good 9
  • Documented Client Fund Management Policy including segregation logic
    Documentation Essential
  • Segregated accounts with specific Bank Acknowledgement Letters (trust status, no set-off)
    Legal/Infrastructure Essential
  • Daily internal and external reconciliations with defined tolerances and break resolution (<5 days)
    Process Essential
  • Mandatory MFA, Maker-Checker, and Beneficiary Whitelisting for transfers
    Technology/Security Essential
  • Third-party risk management with concentration limits and incident notification clauses
    Governance Essential
  • Insurance coverage linked to quarterly 'peak client money exposure' calculation
    Risk Management Essential
  • Record retention (7 years) with immutable logs for critical transactions
    Compliance Essential
  • Annual independent assurance/audit of client fund controls
    Monitoring Essential
  • Client Fund Protection Committee
    Governance High
Better 4
  • Client Assets Resolution Pack (Wind-Down Plan) tested annually
    Sustainability Essential
  • Real-Time Monitoring dashboards
    Technology High
  • Simulation Exercises for wind-down/asset return
    Sustainability High
  • Dynamic Concentration Limits in payment systems
    Risk Management High
Best 1
  • Blockchain/DLT for immutable record-keeping
    Technology Medium

Discussion (1)

Administrator 2026-03-07 11:08:17.099006

📋 **Version updated: 1.0.0 → 2.9.7** **Changes:** Updated islamic_references from mizan-297.json

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