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The Insurance Authority (IA) has launched a public consultation on four draft rules related to the implementation of a new capital regime.
They cover exemption criteria for the appointment of a general insurance actuary, requirements for maintenance of assets in Hong Kong in respect of general business, and the valuation basis and capital requirements for marine insurers, captive insurers and Lloyd’s.
In a statement, the IA said that the four draft rules covered in this round of consultation are:
In consideration of the unique features of some categories of insurers and the potential cost of compliance, marine insurers, captive insurers and certain small-sized insurers are proposed to be exempted from the requirement of appointing actuaries in respect of general business.
Due to the business nature and the scope of solvency regulation, captive insurers, HK-incorporated insurers and designated insurers are proposed to be exempted from the requirement of maintaining assets in Hong Kong. Relief in terms of the amount of required local assets maintained for onshore reinsurance business is given to insurers with relatively high financial strength ratings from prescribed rating agencies. The IA may reduce the amount of local assets that is so determined having considered the financial status of the insurer.
Given the unique features of marine mutual insurers and captive insurers in terms of capital and policyholders’ characteristics, the draft Insurance (marine Insurers and captive Insurers) Rules aim to provide a simplified capital regime for these insurers. Apart from capital requirements, the rules also cover areas including the valuation basis, which is the same basis as applicable to all other insurers; and fund requirements.
Given the uniqueness of the capital structure and operating characteristics of Lloyd’s, the draft Insurance (Lloyd’s) Rules aim to provide a simplified capital regime and allow the use of letters of credit as a resource for meeting capital requirements. Apart from capital requirements, the rules also cover areas including the valuation basis, which is the same basis as applicable to all other insurers.
The proposed four rules are the second batch of draft regulations for the new capital regime. The first batch of two draft Rules consists of the draft Insurance (valuation and capital) Rules and draft Insurance (submission of statements, reports and information) Rules. It was launched on 5 December 2023, and public consultation thereof will end on 16 January 2024.
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