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
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Client Agreements with Disclosure Schedule (pooling, fees, Shari'ah contract)Documentation Essential
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Purification of all non-permissible income (interest, rebates, float)Shari'ah Compliance Essential
Good 9
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Documented Client Fund Management Policy including segregation logicDocumentation Essential
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Segregated accounts with specific Bank Acknowledgement Letters (trust status, no set-off)Legal/Infrastructure Essential
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Daily internal and external reconciliations with defined tolerances and break resolution (<5 days)Process Essential
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Mandatory MFA, Maker-Checker, and Beneficiary Whitelisting for transfersTechnology/Security Essential
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Third-party risk management with concentration limits and incident notification clausesGovernance Essential
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Insurance coverage linked to quarterly 'peak client money exposure' calculationRisk Management Essential
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Record retention (7 years) with immutable logs for critical transactionsCompliance Essential
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Annual independent assurance/audit of client fund controlsMonitoring Essential
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Client Fund Protection CommitteeGovernance High
Better 4
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Client Assets Resolution Pack (Wind-Down Plan) tested annuallySustainability Essential
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Real-Time Monitoring dashboardsTechnology High
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Simulation Exercises for wind-down/asset returnSustainability High
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Dynamic Concentration Limits in payment systemsRisk Management High
Best 1
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Blockchain/DLT for immutable record-keepingTechnology Medium
Related Criteria
Discussion (1)
📋 **Version updated: 1.0.0 → 2.9.7** **Changes:** Updated islamic_references from mizan-297.json
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