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BERMUDA STATUTORY
INSTRUMENT
BR 16/1980
INSURANCE RETURNS
AND SOLVENCY REGULATIONS 1980
[made under
sections 18 and 53 of the Insurance Act 1978 [title 17 item 49] and brought
into operation on 1 January 1980]
ARRANGEMENT OF
REGULATIONS
1 Citation
2 Interpretation
3 Insurers to make statu tory financial
return in accordance with these Regulations
4 Return to relate to rele vant year
5 Content of statutory fi nancial return
6 Cover sheet
7 Auditor's report
8 General business solvency certificate
8A Loss reserve opinion
9 Long term business sol vency certificate
10 Minimum margin of sol vency for general
business
11 Minimum liquidity ratio for general business
12 Minimum margin of sol vency for long-term
busi ness
13 Declaration of statu tory ratios
14 Actuary's certificate
14A Schedule of ceded reinsurance
15 [deleted]
16 Requirements relating to preparation of
returns generally
17 Offences
18 Commencement [omitted]
SCHEDULE I
General business solvency margin
SCHEDULE II
Calculation of statutory ratios
Citation
1 These Regulations may be cited as the
Insurance Returns and Solvency Regulations 1980.
Interpretation
2 In these Regulations—
"accounts"
means financial accounts;
"the Act"
means the Insurance Act 1978 [title 17
item 49];
"affiliate"
has the same meaning as in the Insurance Accounts Regulations 1980 [title 17 item 49(a)];
"composite"
and "section 24(6) composite" have the same mean ings as in the
Insurance Accounts Regulations 1980
[title
17 item 49(a)];
"financial
return" or "return" means statutory financial return;
"loss reserve
specialist" has the same meaning as the Insur-ance Accounts Regulations
1980 [title 17 item 49(a)];
"relevant
year" has the meaning assigned thereto in regulation 4(2);
"statutory
financial statement", "statutory balance sheet", "statutory
statement of income", "statutory
statement of cap ital and
surplus" and "statutory open year business revenue statement"
have the same meanings as
in the Insurance Ac counts Regulations 1980;
"regulations"
means regulations made under the Act.
"unrelated
business", in relation to an insurer, means insurance business consisting
of insuring risks of persons who
are not shareholders in, or affiliates of, the
insurer; and "related business", in relation to an insurer, means insurance
business which is not unrelated business.
[Regulation 2
amended by BR 30/1989 effective 17 July 1989]
Insurers to
make statutory financial return in accordance with these Regulations
3 Except as otherwise allowed by a
direction made under section 56 of the Act affecting any insurer, the form of
statutory financial
return that every insurer is to send to the Registrar
pursuant to section 18(1) of the Act is the form that is prescribed in these
Regulations; and, except as aforesaid, it shall be the duty of every insurer to
send to the Registrar pursuant to section 18(1)
of the Act a return in that
form.
Return to
relate to relevant year
4 (1) Every
return shall relate to the relevant year.
(2) In
these Regulations "relevant year", in relation to a return, means the
financial year to which the statutory financial
statements re late which are
required to be available or filed by section 17 of the Act.
[Regulation 4
amended by 1995:20 effective 29 April 1995]
Content of statutory financial return
5 (1) The
statutory financial return shall consist of the following documents—
(a) in every case—
(i) a cover sheet;
(ii) an auditor's report in pursuance of
section 16 of the Act; and
(iii) a declaration of the statutory ratios;
(b) where the insurer carried on general business
in the rel evant year, a solvency certificate within the meaning of section
33(5)
of the Act (in these Regulations called a "general business solvency
certificate") in addition;
(bb) an opinion of a loss reserve specialist where
such is required under
(i) section 18B of the Act, or
(ii) the instructions in Part II of Schedule
III to the Insurance Accounts Regulations 1980, relating to line 17 of the
statutory balance
sheet, in which case it shall be accompanied by statutory
financial statements and the notes to those statements,
in addition;
(c) where the insurer carried on long-term
business in the relevant year—
(i) a long-term business solvency
certificate; and
(ii) an actuary's certificate in pursuance of
section 27 of the Act,
in addition; and
(d) in the case of a Class 4 insurer, a schedule of
ceded reinsurance, in addition.
(2) Regulations
6, 7, 8, 8A, 9, 13, 14 and 14A shall have effect as to the form and content of
the cover sheet, the auditor's report,
the general business solvency
certificate, the loss reserve certificate, the long-term business solvency
certificate, the declaration
of the statutory ratios, the actuary's certificate
and the schedule of ceded reinsurance respectively.
[Regulation 5
amended by BR 30/1989 effective 17 July 1989; and amended by 1995:20 effective
29 April 1995]
Cover sheet
6 The cover sheet shall—
(a) bear the name of the insurer and the title
"Statutory Fi nancial Return";
(b) state the period covered by the return;
(c) state the nature of the insurance business
carried on by the insurer, that is to say, it shall state—
(i) whether the insurance business carried
on is general business or long-term business or both;
(ii) whether, where the insurer is a
composite, it is a section 24(6) composite or not;
(iii) where general business is carried on—
(aa) the classes of related and unrelated business;
and
(bb) the amounts of gross premium written in
respect of each such class;
(iv) whether or not annual aggregate stop
loss reinsurance is in effect and, if such reinsurance is in effect, the
maximum annual aggregate
net losses retained in respect of each class of
business;
(v) any other information required to
described the nature of the insurer's business;
(d) state the currency in which amounts are shown
in the insurer's statutory financial statements and whether that currency is
the currency
in which those amounts are required by of regulation 10(2) of the
Insurance Ac-counts Regulations 1980 [title
17 item 49(a)] to be shown;
(e) state whether a statutory open year business
revenue statement was annexed to the insurer's statutory state ment of income
and,
if so, to what class or classes of the insurer's general business that
first-mentioned state ment relates.
[Regulation 6
amended by BR 30/1989 effective 17 July 1989]
Auditor's
report
7 (1) The
auditor's report shall be signed by the insurer's ap proved auditor and
addressed to the Registrar, and shall state—
(a) that the auditor has carried out a proper
examination of the insurer's statutory financial statements, and that that
examination
was conducted, and the auditor's re port has been prepared, in
accordance with accepted auditing standards;
(b) whether in his opinion the statutory financial
statements have been prepared in accordance with the requirements of the Act
and
of any applicable regulations;
(c) whether in his opinion—
(i) the solvency certificate complies, or,
where the case requires, the solvency certificates comply, with the
requirements of these
Regulations; and
(ii) it was reasonable for the persons
signing such a certificate to have arrived at the opinions ex pressed in the
certificate;
(d) whether in his opinion the declaration of the
statutory ratios complies with the requirements of these Regula tions.
(2) Where any event specified in paragraph (3)
occurs in rela tion to an audit, the auditor shall qualify his report
accordingly and
in clude in his report such observations, whether of fact or
opinion, as he considers necessary for bringing the nature and effect
of the
qualifica tions to the attention of the Registrar.
(3) The events referred to in paragraph (2) are—
(a) there were deficiencies in the audit consisting
of—
(i) inability of the auditor to obtain
essential infor mation; or
(ii) restrictions on the scope of the audit;
or
(iii) some other deficiency or deficiencies;
(b) the auditor disagreed with any valuation made
in the statutory financial statements;
(c) in some respect or respects the statutory
financial statements or the certificates of solvency or the declara tion of the
statutory
ratios do not in his opinion comply with the requirements of the Act
or any applicable regu lations;
(d) the auditor considered an opinion or opinions
expressed in a solvency certificate unreasonable; and
(e) the auditor considered that there was a
significant doubt as to the insurer's ability to continue as a going concern.
[Regulation 7
amended by 1995:20 effective 29 April 1995]
General
business solvency certificate
8 (1) A
general business solvency certificate shall relate to the general business of
the insurer and shall be signed—
(a) by at least two directors of the insurer (of
whom one must be a director resident in Bermuda if the insurer has a director
so resident);
and
(b) by the insurer's principal representative in
Bermuda.
(2) The said certificate shall state—
(a) whether or not the insurer has prepared
statutory finan cial statements in respect of the relevant year;
(b) whether or not the said statements are
available at the insurer's principal office in Bermuda pursuant to section
17(1) or, as the
case may be, have been filed pursuant to section 17(3) of the
Act;
(bb) whether or not the insurer has complied with
every condition attached to its certificate of registration;
(c) the aggregate value of the insurer's assets as
shown in the statutory balance sheet for the relevant year, in this
sub-paragraph
called "the statutory balance sheet assets value", and
whether or not in the opinion of those sign ing the certificate—
(i) the statutory balance sheet assets
value was determined in accordance with the requirements of the Act and of any
applicable regulations;
(ii) the value of the insurer's assets at the
end of the relevant year was in the aggregate at least equal to the statutory
balance sheet
assets value;
(d) whether or not in the opinion of those signing
the certifi cate the aggregate amount of the insurer's liabilities at the end
of
the relevant year (after taking into account all prospective and contingent
liabilities, but not liabilities in respect of share
capital) is not more than
the aggre gate amount of the liabilities as shown in the insurer's statutory
balance sheet for that year;
(e) the following amounts as shown in the insurer's
statu tory statement of income for the relevant year—
(i) the aggregate amount of the gross
premiums written;
(ii) the aggregate amount of the reinsurance
premi ums ceded;
(iii) the aggregate amount of the net premiums
written, including the aggregate amount of net premiums shown in the statutory
open year
business revenue statement (if such a statement was annexed to the
statutory statement of in come);
(f) in the case of an insurer which annexed a
statutory open year business revenue statement to its statutory statement of
income—
(i) whether or not, in the opinion of those
signing the certificate, the fund carried forward in that statement in relation
to business
transacted in the relevant year is sufficient to meet all the lia bilities
outstanding at the end of that year in relation to that
business (including
liabilities in respect of risks to be borne by the insurer after the end of
that year in relation to that business);
(ii) whether or not, in their opinion, the
total of the funds carried forward in that statement in rela tion to business
transacted in
the financial year immediately preceding the relevant year is
suffi cient to meet all the liabilities outstanding at the end of
the relevant
year in relation to that busi ness;
(iii) if funds are carried forward in that
statement in relation to business transacted before the be ginning of the
financial year immediately
pre ceding the relevant year, whether or not, in
their opinion, the total of those funds is sufficient to meet all the
liabilities
outstanding at the end of the relevant year in relation to that
business; and
(iv) if funds are not carried forward in that
state ment in relation to the business referred to in division (iii) of this
sub-paragraph,
whether or not, in their opinion, the liabilities referred to in
that division have been adequately reinsured, and the aggregate
amount of
premiums required to secure such reinsurance;
(g) whether any accounts of the insurer for the
relevant year have been audited for any purpose other than the pur poses of
these Regulations;
(h) whether or not the minimum liquidity ratio
applicable to the insurer for the relevant year was met;
(i) the amount prescribed by regulation 10 as the
general business solvency margin, and whether it was met;
(j) the aggregate amount of the statutory capital
and sur plus as shown in the insurer's statutory statement of capital and
surplus
for the relevant year;
(k) the currency in which amounts in the insurer's
statutory financial statements for the relevant year have been shown;
(l) the rate of exchange used, in compliance with
para graphs (2) and (3) of regulation 16, for the purposes of any statement
called
for by this regulation;
(m) if any question in sub-paragraph (bb), (h) or
(i) of this paragraph has been answered in the negative, whether or not the
insurer
has taken corrective action in any case and, where the insurer has
taken such action, describe the action in a statement attached
to the
certificate.
[Regulation 8
amended by BR 30/1989 effective 17 July 1989 and amended by 1995:20 effective
29 April 1995]
Loss reserve
opinion
8A (1) A
loss reserve opinion shall relate to the general business of the insurer and
shall be signed and dated by a loss reserve specialist.
(2) In
such an opinion the loss reserve specialist shall state to what extent the
instructions in Part II of Schedule III to the Insurance
Accounts Regulations
1980 relating to line 17 of the statutory balance sheet, in so far as those
instructions call for the opinion
of a loss reserve specialist, have been
complied with.
[Regulation 8A substituted by 1995:20 effective 29 April
1995]
Long term business solvency certificate
9 (1) A
long-term business solvency certificate shall relate to the long-term business
of the insurer and shall be signed—
(a) by at least two directors of the insurer (of
whom one must be a director resident in Bermuda if the insurer has a director
so resident);
and
(b) by the insurer's principal representative in
Bermuda.
(2) The said certificate shall state—
(a) whether or not the insurer has prepared
statutory finan cial statements in respect of the relevant year;
(b) whether or not the said statements are
available at the insurer's principal office in Bermuda pursuant to section
17(1) of the Act;
(bb) whether or not the insurer has complied with
every condition to its certificate of registration;
(c) the aggregate value of the insurer's assets as
shown in the statutory balance sheet for the relevant year, in this
sub-paragraph
called "the statutory balance sheet assets value", and
whether or not in the opinion of those sign ing the certificate—
(i) the statutory balance sheet assets
value was determined in accordance with the requirements of the Act and of any
applicable regulations;
(ii) the value of the insurer's assets at the
end of the relevant year was in the aggregate at least equal to the statutory
balance sheet
assets value;
(d) whether or not in the opinion of those signing
the certifi cate the aggregate amount of the insurer's liabilities at the end
of
the relevant year (after taking into account all prospective and contingent
liabilities, but not liabilities in respect of share
capital) is not more than
the aggre gate amount of the liabilities as shown in the insurer's statutory
balance sheet for that year;
(e) the minimum long-term business solvency margin
pre scribed by regulation 12(1)(b), and whether that margin was met;
(f) whether any accounts of the insurer for the
relevant year have been audited for any purpose other than the pur poses of
these Regulations;
(g) the aggregate amount of the statutory capital
and sur plus as shown in the insurer's statutory statement of capital and
surplus
for the relevant year;
(h) the currency in which amounts in the
insurer's statutory financial statements for the relevant year have been shown;
(hh) the rate of exchange used, in compliance with
paragraphs (2) and (3) of regulation 16, for the purposes of any statement
called
for by this regulation;
(i) the aggregate amount of the premiums and other
con siderations shown on line 19(d) of the insurer's statutory statement of
income
for the relevant year;
(j) if any
question in sub-paragraph (bb) or (e) of this paragraph has been answered in
the negative, whether or not the insurer has
taken corrective action in any
case and, where the insurer has taken such action, described the action in a
statement attached
to the certificate.
[Regulation 9 amended by BR 39/ 1981 effective 3
July 1981 and 30/1989 effective 17 July 1989]
Minimum margin
of solvency for general business
10 (1) For
the purposes of section 6(1) of the Act, the prescribed amount by which the
value of the general business assets of an insurer
must exceed its general
business liabilities is the greatest of figure A, figure B and figure C, where
those letters represent
values calculated, in relation to that insurer, in
accordance with Schedule I.
(2) [deleted by 1995:20]
(2A) [deleted by 1995:20]
(3) In this regulation—
"general business
assets" general business liabilities" respec tively mean assets and
liabilities established in
conformity with the requirements of the Insurance
Accounts Regulations 1980 [title 17 item
49(a)] for the statutory balance sheet of an insurer carrying on general
business;
"insurer"
includes, in relation to section 6 of the Act, a body ap plying for
registration as an insurer under the Act.
[Regulation 10
amended by BR 30/1989 effective 17 July 1989 and amended by 1995:20 effective
29 April 1995]
Minimum
liquidity ratio for general business
11 (1) The
minimum proportion that the liquid assets of an in surer carrying on general
business may bear to such an insurer's liabili
ties (in these Regulations
called "the minimum liquidity ratio") shall be that set forth in this
regulation.
(2) The value of the relevant assets of an
insurer carrying on general business shall be not less than seventy-five per
centum of the
amount of its relevant liabilities, unless the insurer is a
section 24(6) composite.
(3) The value of the relevant assets of a
section 24(6) composite shall be not less than one hundred per centum of the
amount of its
rele vant liabilities.
(4) In this regulation—
"relevant
assets" means the assets required by the Insurance Ac counts Regulations
1980 [title 17 item 49(a)] to be
shown on lines 1, 2, 3(a), 5(a), 9, 10, 11 and 12—
(a) where the insurer is not a section 24(6)
composite, of the insurer's statutory balance sheet for general business;
(b) where the insurer is a section 24 (6)
composite, of the insurer's statutory balance sheet,
including any other assets which the
Minister, on application in any particular case made to him with reasons,
accepts for the purposes
of this definition in that case;
"relevant
liabilities" means, in relation to an insurer, the aggre gate of the
insurer's liabilities required by the Insurance
Ac counts Regulations 1980 [title 17 item 49(a)] to be show on lines
19 and 38 of the statutory balance sheet less the aggre gate of the insurer's
liabilities required by those
Regulations to be shown on lines 31(b), 36 and 37
thereof.
Minimum margin
of solvency for long-term business
12 (1) The
amount of $250,000 dollars is hereby prescribed—
(a) for the purposes of section 6(1) of the Act
(except where at the time of the application for registration the insurer has
not yet
completed its first financial year), as the pre scribed amount; and
(b) for the purposes of the statement called for by
regulation 9(2)(e), as the margin (in that sub-paragraph referred to as the
minimum
long-term business solvency margin),
by which the value
of the long-term business assets of an insurer carry ing on long-term business
must exceed the amount of its
long-term business liabilities.
(2) In this regulation—
"long-term
business assets" and "long-term business liabilities"
respectively mean assets and liabilities established
in con formity with the
requirements of the Insurance Accounts Regulations 1980 for the statutory
balance sheet of an in surer
carrying on long-term business;
"insurer"
includes, in relation to section 6 of the Act, a body ap plying for
registration as an insurer under the Act.
Declaration of
statutory ratios
13 (1) The
declaration of the statutory ratios shall set forth the following ratios (in
these Regulations called "the statutory ratios")—
(a) the premiums to statutory capital and surplus
ratio;
(b) the five-year operating ratio;
(c) the change in statutory capital and surplus
ratio.
(2) The said declaration shall be dated and
shall be signed—
(a) by at least two directors of the insurer (of
whom one must be a director resident in Bermuda if the insurer has a director
so resident);
and
(b) by the insurer's principal representative in
Bermuda.
(3) The said declaration shall—
(a) bear the name of the insurer and the title
"Declaration of the Statutory Ratios";
(b) specify the amount of each such ratio
calculated in ac cordance with the rules set forth in Schedule II.
Actuary's
certificate
14 (1) The
actuary's certificate shall state whether or not, in the opinion of the
insurer's approved actuary, the aggregate amount of
the liabilities of the
insurer in relation to long-term business as at the end of the relevant year
exceeded the aggregate amount
of those liabilities as shown in the statutory
balance sheet.
(2) The said certificate shall be signed by the
insurer's ap proved actuary and shall be dated.
Schedule of
ceded reinsurance
14A The schedule of ceded reinsurance shall
be divided into separate entries dealing with each reinsurer and each entry
shall include
the following information relating to a reinsurer
(a) the name of the reinsurer;
(b) the rating of the reinsurer (if any) and the
name of the rating agency;
(c) the jurisdiction of its incorporation;
(d) the amount of the reinsurance premiums ceded to
it during the relevant year;
(e) the amount of reinsurance recoverable from it
(lines 11, 12, 17 and 18 of the statutory balance sheet);
(f) the amount of reinsurance balances payable to
it (lines 28, 29, 33 and 34 of the statutory balance sheet);
(g) the amount of net reinsurance recoverable from
it (that is, the figure required by paragraph (e) less that required by
paragraph
(f));
(h) the amount of net reinsurance recoverable from
it which has been due for less than 180 days; and
(i) the remainder of net reinsurance recoverable
from it (that is, the figure required by paragraph (g) less that required by
paragraph
(h)).
[Regulation 14A
inserted by 1995:20 effective 29 April 1995]
15 [deleted]
Requirements
relating to preparation of returns generally
16 (1) Every
statutory financial return and any document annexed to such a return shall be
prepared in the English language.
(2) All amounts which are shown in any such
return or docu ment as aforesaid shall be shown in the currency in which
pursuant to regulation
10(2) of the Insurance Accounts Regulations 1980 [title 17 item 49(a)] amounts in any
account of an insurer are to be shown; but the Bermudian equivalent of every
such amount must be stated next to
that amount in every case where that amount
is an amount expressed in a foreign currency (in this regulation called a
"foreign
currency amount") .
(3) For the purposes of paragraph (2), the
Bermudian equiva lent of a foreign currency amount shall be the Bermudian
dollar equiva lent
of that foreign currency amount as converted into Bermudian
dollars at the rate of exchange used by any licensed bank in Bermuda
in
relation to purchases by that Bank of that foreign currency on the last day of
the relevant year; and the person preparing the
return or document in ques tion
shall state that rate either in the return or document itself or in some other
document made available
to the Minister.
Offences
17 (1) [revoked by 1995:20]
(2) Any person who, in or in relation to a
return or a document annexed to a return, makes, or joins in making, any
statement which
he knows to be false or does not believe to be true commits an
offence against these Regulations; and in this paragraph "make
a
statement", in relation to any statement made, includes a wilful omission
to state something that is material.
(3) If, for the purposes of any provision of
these Regulations (being a provision requiring or allowing for a statement to
be made)
ei-ther—
(a) any insurer; or
(b) any director or officer or employee of an
insurer; or
(c) any approved auditor,
makes a statement
which owing to its or his gross negligence in making the statement is wrong, or
grossly misleading, in a material
respect, it or he commits an offence against
these Regulations.
[Regulation 17
amended by 1995:20 effective 29 April 1995]
Commencement
18 [omitted]
SCHEDULE I
(Reg . 10(1))
GENERAL BUSINESS
SOLVENCY MARGIN
Figure A
1 For the purposes of regulation 10,
figure A has the following value in relation to the class of insurer indicated
|
Class 1 |
$120,000 |
|
Class 2 |
$250,000 |
|
Class 3 |
$1,000,000 |
|
Class 4 |
$100,000,000. |
Figure B
2 (1) For
the purposes of regulation 10, sub-paragraphs (2) and (3) set out the method of
calculating figure B in relation to Class 1,
Class 2 and Class 3 insurers, and
sub-paragraph (4) in relation to Class 4 insurers.
(2) Where
the net premiums—
(a) written by a Class 1, Class 2 or Class 3
insurer in its current financial year, or
(b) projected to be written by an insurer, on
application for registration as a Class 1, Class 2 or Class 3 insurer, in its
first financial
year,
do not or (as the
case may be) are not projected to exceed $6,000,000, figure B shall be
calculated as 20% of those net premiums.
(3) Where
the net premiums—
(a) written by a Class 1, Class 2 or Class 3
insurer in its current financial year, or
(b) projected to be written by an insurer, on
application for registration as a Class 1, Class 2 or Class 3 insurer, in its
first financial
year,
do or (as the case
may be) are projected to exceed $6,000,000, figure B shall be calculated as
$1,200,000 plus the following percentage
of the net premiums written which
exceed $6,000,000 in relation to the class of insurer indicated
|
Class 1 |
10% |
|
Class 2 |
10% |
|
Class 3 |
15%. |
(4) Figure
B shall be calculated as 50% of the net premiums written by a Class 4 insurer
in its current financial year or projected
to be written by an insurer on
application for registration as a Class 4 insurer.
(5) In
this paragraph, "net premiums written" in relation to any financial
year means
(a) in relation to a Class 1, Class 2 or Class 3
insurer, the net amount, after deductions of any premiums ceded by the insurer
for
reinsurance, of the premiums written by the insurer in that year in respect
of general business; and
(b) in relation to a
Class 4 insurer, the net amount, after deductions of any premiums ceded by the
insurer for reinsurance (not
exceeding 25% of gross premiums written), of the
premiums written by the insurer in that year in respect of general business,
and "net
premiums projected to be written" has a corresponding meaning.
Figure C
3 For the purposes of regulation 10,
figure C shall be calculated as the following percentage of the aggregate
(a) of the amounts shown by the insurer in
completing lines 17 and 18 of Form 1 in the Insurance Accounts Regulations
1980, or
(b) of those amounts as projected by the insurer on
application for registration,
in relation to the
class of insurer indicated
|
Class 1 |
10% |
|
Class 2 |
10% |
|
Class 3 |
15% |
|
Class 4 |
15%.". |
[Schedule 1 substituted by 1995:20 effective 29 April 1995]
SCHEDULE
II (Reg . 13(3)(b))
Calculation of the
Statutory Ratios
A The
Premiums to statutory capital and surplus ratio
1 The above ratio shall describe the
proportion that net premiums written by the insurer during the relevant year
bear to the insurer's
statutory capital and surplus as at the end of that year.
2 For the purposes of the said ratio—
"net premiums
written" means the amount shown on line 3 of the insurer's statutory
statement of income, including the
ag gregate amount of net premiums shown in
the insurer's statutory open year business revenue statement if the insurer
annexed
such a statement to its statutory statement of in come;
"statutory
capital and surplus" means the amount shown on line 3 of the insurer's
statutory statement of capital and surplus
less, in the case of a composite, —
(a) the amount of $250,000; or
(b) the amount in fact maintained by the insurer
as its mar gin of solvency for long-term business, whichever of those amounts
is greater,
in each case as
respects the relevant year.
3 The said ratio shall be the relation
of net premiums written to capital and surplus expressed mathematically as a
ratio, with capital
and surplus reduced to 1.
B The
five-year operating ratio
1 The above ratio shall describe the
proportion that the insurer's losses and expenses as a percentage of premiums
expressed cumula
tively for the period of five consecutive years including the
relevant year bear to the insurer's investment income also so expressed.
2 (1) For
the purposes of the said ratio—
"expenses"
means the aggregate of the amounts shown on lines 9, 10, 11 and 12, less the
amount shown on line 6, of the
in surer's statutory statement of income;";
"net general
business investment income" means the amount
shown on line 17 of
the statutory statement of income;
"net losses
incurred and net loss expenses incurred" or "losses" means the
amount shown on line 8 of the statutory
statement of income;
"net premiums
earned" means the amount shown on line 5 of the statutory statement of
income;
"net premiums
written" means the amount shown on line 3 of the statutory statement of
income;
(2) The reference in subparagraph 1 of this
paragraph to a pe riod of five years is, subject to division (3) of this
sub-paragraph,
a refer ence to the relevant period of five years during which
the insurer was registered under the Act.
(3) Where at any relevant time an insurer was so
registered for a number of years less than five, this paragraph applies to that
number
of years instead of five, and shall be construed mutatis mutandis ac cordingly.
3 The said ratio shall be the sum of the
loss ratio and the expense ratio less the investment income ratio. For the
purposes of the
above sum —
(a) the loss ratio is the relation of —
(i) net losses incurred and net loss
expenses in curred; to
(ii) net premiums earned, expressed mathemati cally
as a ratio, with net premiums earned reduced to 1;
(b) the expense ratio is the relation of —
(i) expenses; to
(ii) net premiums written,
expressed mathematically as a ratio, with net premiums written
reduced to 1;
(c) the investment income ratio is the relation of
—
(i) net general business investment income;
to
(ii) net premiums earned,
expressed mathematically as a ratio, with net premiums earned
reduced to 1.
4 The five-year operating ratio shall
also be expressed as a per centage.
C The
change in statutory capital and surplus
ratio
1 The above ratio shall describe the
proportion that the insurer's statutory capital and surplus as at the end of
the immediately
preceding financial year ("statutory capital and surplus
1") bears to the difference between statutory capital and surplus
1 and
the insurer's statutory cap ital and surplus as at the end of the relevant year
("statutory capital and surplus 2").
2 For the purposes of the said ratio—
"statutory
capital and surplus 1" means the amount shown, on line 3 of the insurer's
statutory statement of capital and
sur plus for the relevant year, as the
insurer's total statutory capital and surplus for the financial year
immediately pre ceding
the relevant year;
"statutory
capital and surplus 2" means the amount shown on line 3 of the insurer's
statutory statement of capital and
sur plus for the relevant year.
3 The said ratio shall be the relation
of —
(a) the difference between statutory capital and
surplus 2 and statutory capital and surplus 1; to
(b) statutory capital and surplus 1, expressed
mathemati cally as a ratio, with statutory capital and surplus 1 re duced to 1.
4 The above ratio shall also be
expressed as a percentage.
[Amended by
BR 39/1981
BR 25/1985
BR 30/1989
1995 : 20]
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