Insurance (Intermediaries) Regulations (Singapore)

Insurance (Intermediaries) Regulations

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Insurance Act

(Chapter 142, Sections 35Y, 35ZA, 35ZC, 35ZD, 35ZE, 35ZG, 35ZN, 35ZO, 36, 52(1), 56A(3) and 64)

Insurance (Intermediaries) Regulations

Rg 16

G.N. No. S 683/2003

REVISED EDITION 2004

(31st December 2004)

[1st January 2004]

PART I

Preliminary

Citation

1. These Regulations may be cited as the Insurance (Intermediaries) Regulations.

Definitions

—(1) In these Regulations, unless the context otherwise requires —

“applicant” means an applicant for registration as an insurance broker referred to in section 35X of the Act;

“exempt direct insurance broker” means an exempt insurance broker carrying on business as a direct insurance broker;

“exempt insurance broker” means any person who is exempt from registration as an insurance broker under section 35ZN (1)(a), (b), (c), (d), (e) or (ea) of the Act in respect of carrying on business as an insurance broker;

“exempt reinsurance broker” means an exempt insurance broker carrying on business as a general reinsurance broker or a life reinsurance broker;

“marine mutual insurer” has the same meaning as in the Insurance (General Provisions and Exemptions for Marine Mutual Insurers) Regulations 2007 (G.N. No. S 746/2007);

[S 747/2007 wef 01/01/2008]

“net asset value”, in relation to a company, means the excess of the value of the assets owned by the company over its liabilities.

(2) For the purposes of the definition of “net asset value” in paragraph (1) —

(a)

in determining the value of the assets owned by a company, any amount on account of goodwill or of any other intangible asset shall be disregarded; and

(b)

in determining the amount of the liabilities of a company —

(i)

all contingent or prospective liabilities shall be taken into account; and

(ii)

any amount on account of any liability related to the share capital of the company shall not be taken into account.

PART II

FINANCIAL AND OTHER REQUIREMENTS

Minimum paid-up share capital

—(1) For the purposes of section 35Y(1)(b) of the Act, an applicant who intends to be registered as a direct insurance broker, a general reinsurance broker or a life reinsurance broker shall have a paid-up share capital of an amount not less than $300,000.

(2) An applicant who intends to be registered as an insurance broker in respect of more than one type of insurance broking business shall have a paid-up share capital of an amount not less than the aggregate of the amounts of paid-up share capital specified in paragraph (1) in respect of each of those businesses.

(3) A registered insurance broker shall at all times maintain a paid-up share capital of an amount that is not less than the minimum amount of paid-up share capital applicable to it by virtue of paragraph (1) or (2), as the case may be.

Professional indemnity insurance

—(1) For the purposes of section 35Y(1)(c) of the Act, the limit of indemnity to be covered under a professional indemnity insurance policy for an applicant who intends to be registered as a direct insurance broker, a general reinsurance broker or a life reinsurance broker shall be an amount of not less than $1 million, under which the deductible allowed shall be —

(a)

where the applicant is in its first financial year of operation, not more than 20% of the paid-up capital; and

(b)

in any other case, not more than 20% of the applicant’s net asset value as at the end of its preceding financial year.

(2) Where the applicant intends to be registered as an insurance broker in respect of more than one type of insurance broking business, the limit of indemnity to be covered under a professional indemnity policy shall be an amount that is not less than the aggregate of the amounts of the limit of indemnity specified in paragraph (1) for each of those businesses, under which the deductible allowed shall be —

(a)

where the applicant is in its first financial year of operation, not more than 20% of the paid-up capital; and

(b)

in any other case, not more than 20% of the applicant’s net asset value as at the end of its preceding financial year.

(3) A registered insurance broker shall have in force at all times a professional indemnity insurance policy —

(a)

under which the limit of indemnity covered is an amount not less than the minimum limit of indemnity applicable to it by virtue of paragraph (1) or (2), as the case may be; and

(b)

under which the deductible allowed is —

(i)

where the registered insurance broker is in its first financial year of operation, not more than 20% of the paid-up capital; and

(ii)

in any other case, not more than 20% of the registered insurance broker’s net asset value as at the end of its preceding financial year.

Net asset value

5. For the purposes of section 35ZC of the Act, the net asset value to be maintained at all times by any registered insurance broker shall be an amount that is not less than 50% of the minimum paid-up share capital required to be maintained by the registered insurance broker under regulation 3(3).

Financial requirements for exempt insurance brokers

—(1) Regulations 3 and 5 shall apply to all exempt insurance brokers.

(2) Regulation 4 shall apply only to persons exempt from registration as insurance brokers under section 35ZN(1)(c) or (d) of the Act.

Insurance broking premium accounts

—(1) An exempt insurance broker or a registered insurance broker shall pay into a bank account all moneys received by it —

(a)

from or on behalf of an insured or intending insured for or on account of an insurer in connection with a contract of insurance or proposed contract of insurance; or

(b)

from or on behalf of an insurer for or on account of an insured or intending insured.

(2) No exempt insurance broker or registered insurance broker shall withdraw moneys from a bank account without the prior written consent of the Authority.

(3) Paragraph (2) shall not apply to any withdrawal of moneys from a bank account for —

(a)

any payment to or for a person entitled to receive payment of the moneys, including itself in so far as it is entitled to receive payment for itself;

(b)

any payment to or for an insurer in respect of amounts due to the insurer under or in relation to a contract of insurance;

(c)

any investment by way of deposits placed with any bank licensed under the Banking Act (Cap. 19); or

(d)

any repayment of moneys that were paid into the bank account in error.

(4) An exempt insurance broker or a registered insurance broker shall pay moneys received from the realisation of any investment made under paragraph (3)(c) into a bank account.

(5) If, upon the realisation of any investment made under paragraph (3)(c), the amount of moneys received in respect of the realisation is less than the amount of moneys invested, the exempt insurance broker or the registered insurance broker shall pay into the bank account from which the moneys were withdrawn for investment, an amount equal to the difference between the amount invested and the amount realised.

(6) Subject to paragraphs (7) to (10), an exempt insurance broker or a registered insurance broker shall pay into, or retain in, a bank account any interest or other income that is received by it under the bank account or from any deposit made under paragraph (3)(c).

(7) Subject to paragraph (8), interest or other income arising from any payment which is due to the insurer under or in relation to a contract of insurance where the cover commences on or after 1st October 2002 that is received by an exempt direct insurance broker or a direct insurance broker from —

(a)

any bank account; or

(b)

any deposit made under paragraph (3)(c),

shall belong to the insurer, but may be retained by the insurance broker for its own benefit with the insurer’s prior consent, and need not be paid into, or retained in, a bank account.

(8) Interest or other income arising from any payment which is due to an insurer under or in relation to a contract of insurance where the cover commences on or after 1st October 2002 that is received by an exempt direct insurance broker or a direct insurance broker from —

(a)

any bank account; or

(b)

any deposit made under paragraph (3)(c),

after the credit period shall not be retained by the insurance broker for its own benefit and shall immediately be paid to the insurer to whom such payment is due.

(9) Interest or other income arising from any payment which is due to an insurer under or in relation to a contract of insurance where the cover commences on or after 1st October 2002 that is received by an exempt reinsurance broker, a general reinsurance broker or a life reinsurance broker from —

(a)

any bank account; or

(b)

any deposit made under paragraph (3)(c),

may be retained by the insurance broker unless the insurer and the insurance broker have agreed otherwise.

(10) Interest or other income arising from any payment which is due to an insurer under or in relation to a contract of insurance where the cover commences before 1st October 2002 that is received by an insurance broker from —

(a)

any bank account; or

(b)

any deposit made under paragraph (3)(c),

may be retained by the insurance broker for its own benefit and need not be paid into, or retained in, a bank account.

(11) An exempt direct insurance broker or a direct insurance broker who receives any payment which is due to the insurer under or in relation to a contract of insurance shall —

(a)

where the cover commences before 1st October 2002, pay the amount to the insurer not later than 31st December 2002; and

(b)

where the cover commences on or after 1st October 2002, pay the amount within the credit period.

(12) Paragraph (11)(a) shall not affect any agreement between the insurance broker and the insurer to pay any sum that is due to the insurer under or in relation to a contract of insurance before 31st December 2002.

(13) An exempt insurance broker or a registered insurance broker shall designate any bank account and any deposit placed with a bank under paragraph (3)(c) as an insurance broking premium account, with or without other words of description.

(14) In this regulation —

“bank account” means a bank account maintained by an exempt insurance broker or a registered insurance broker under section 35ZD(1) of the Act;

“contract of insurance” includes a contract of insurance that is subsequently cancelled;

“credit period” means —

(a)

the period within which the insurance broker has agreed with the insurer to make payments of any amount due to the insurer under or in relation to a contract of insurance; or

(b)

90 days from the date of commencement of cover under the contract of insurance,

whichever is earlier.

(15) Any person who contravenes this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

Registers

—(1) The register of registered insurance brokers to be established and maintained by the Authority under section 35ZO(1)(a) of the Act shall contain the following particulars:

(a)

the name of each registered insurance broker; and

(b)

the address of the principal place of business at which each registered insurance broker carries on its insurance broking business.

(2) The fee payable for inspection of any register kept under section 35ZO of the Act shall be $20 per name submitted for the inspection.

9. Every registered insurance broker and exempt insurance broker shall establish and maintain a register of its broking staff containing the following particulars:

(a)

the names of each of its broking staff;

(b)

the type or types of insurance broking activity which each of its broking staff is carrying on;

(c)

the date or dates on which each of its broking staff commences carrying on each type of insurance broking activity; and

(d)

any qualification obtained by each of its broking staff to fulfill any requirement imposed by the Act, any regulations made thereunder or any direction issued by the Authority, and the date of obtaining such qualification.

PART III

RETURNS

Returns to be lodged by registered insurance brokers

10. For the purposes of section 36(1) of the Act, a registered insurance broker shall, within 5 months from the end of each financial year or within such longer period as the Authority may allow, lodge the following statements of accounts and other statements:

(a)

a balance-sheet as at the end of that financial year in Form A in the Schedule;

(b)

insurance broking premium accounts in Form B in the Schedule for each type of insurance broking business in respect of which it is registered;

(c)

a profit and loss account in Form C in the Schedule; and

(d)

a statement in Form D in the Schedule giving particulars as to the type and placement of all of its business handled during that financial year, and —

(i)

in the case of a direct insurance broker, a statement in Annex 1 to Form D in the Schedule giving particulars on the 5 insurers with whom the largest volume of its business was placed; and

(ii)

in the case of a general reinsurance broker or a life reinsurance broker, a statement in Annex 2 to Form D in the Schedule giving further details on the sources and placement of its business.

Documents to be lodged by exempt insurance brokers

11. An exempt insurance broker shall lodge with the Authority —

(a)

a notice of commencement of business in Form E in the Schedule, not later than 14 days after the commencement of its business as a direct insurance broker, a general reinsurance broker or a life reinsurance broker, as the case may be;

(b)

a notice of change of particulars in Form F in the Schedule setting out any change in the particulars of the exempt insurance broker provided in the notice referred to in paragraph (a), not later than 14 days after the date of the change;

(c)

a notice of intention to cease its business as a direct insurance broker, a general reinsurance broker or a life reinsurance broker, as the case may be, in Form G in the Schedule, at least 14 days before the proposed date of cessation of all of its business as an insurance broker;

(d)

an audited statement of the insurance broking premium account in Form H in the Schedule in respect of its business as a direct insurance broker, a general reinsurance broker or a life reinsurance broker, as the case may be, within 5 months from the end of each financial year or within such longer period as the Authority may allow; and

(e)

a statement in Form I in the Schedule, within 5 months from the end of each financial year or within such longer period as the Authority may allow, giving particulars as to the type and placement of all its business as an insurance broker handled during that financial year, and —

(i)

in the case of an exempt direct insurance broker, a statement in Annex 1 to Form I in the Schedule giving particulars on the 5 insurers with whom the largest volume of its business was placed; and

(ii)

in the case of an exempt reinsurance broker, a statement in Annex 2 to Form I in the Schedule giving further details on the sources and placement of its business.

Lodgment and signatures in documents lodged by registered insurance brokers and exempt insurance brokers

12.

—(1) A document to be lodged by a registered insurance broker under regulation 10 shall be lodged by sending to the Authority 2 copies of each document, of which at least one copy shall be signed by —

(a)

2 of its directors; and

(b)

its chief executive officer or such other person in Singapore who is authorised by its chief executive officer and approved by the Authority for that purpose.

(2) A document to be lodged by an exempt insurance broker under regulation 11 shall be lodged by sending to the Authority one copy of each document which shall be signed by its director, secretary, principal officer or chief executive officer.

(3) The persons signing any balance-sheet referred to in regulation 10(a) shall sign a certificate in Form J in the Schedule and the certificate shall be lodged with the Authority by the registered insurance broker.

(4) A document to be lodged by a registered insurance broker under regulation 10, or by an exempt insurance broker under regulation 11, shall be —

(a)

in English; and

(b)

printed or, with the permission of the Authority, produced by such other means as the Authority may approve.

Auditor’s report for insurance brokers

13. A registered insurance broker shall lodge with the Authority within 5 months from the end of each financial year, or within such longer period as the Authority may allow, a report prepared and signed by an auditor in Form K in the Schedule stating the auditor’s opinion on the balance-sheet, insurance broking premium accounts, profit and loss account and statements referred to in regulation 10(a) to (d).

Financial year

14. The financial year for a registered insurance broker in its first year of registration shall be not less than 6 months and not more than 18 months from the date of its registration.

PART IV

MISCELLANEOUS

Risks excluded from section 35ZE(1) of Act

15.

—(1) The reference in section 35ZE(1) of the Act to a contract of insurance shall not apply to insurance risks relating to —

(a)

maritime liabilities of ship owners insured by a marine mutual insurer; or

[S 747/2007 wef 01/01/2008]

(b)

marine, aviation and transit business insured with an approved MAT insurer.

(2) For the purpose of paragraph (1)(b), “approved MAT insurer” has the same meaning as in regulation 2 of the Insurance (Approved Marine, Aviation and Transit Insurers) Regulations (Rg 15).

Annual fees for registered insurance brokers

16.

—(1) A registered insurance broker shall pay to the Authority —

(a)

if it is registered as a direct insurance broker, an annual fee of $7,000;

(b)

if it is registered as a general reinsurance broker, an annual fee of $5,000; or

(c)

if it is registered as a life reinsurance broker, an annual fee of $2,500.

(2) The annual fee payable by a registered insurance broker shall be paid to the Authority on or before 1st January of every year.

(3) A registered insurance broker who is licensed under section 35ZG(1) of the Act shall pay to the Authority on or before 1st January of every year an annual fee of $5,000.

(4) Payment of the fees under this regulation shall be made —

(a)

through such electronic funds transfer system as the Authority may, from time to time, designate where payment may be effected by directing the transfer of funds electronically from the bank account of the payer to a bank account designated by the Authority; or

(b)

in such other form or manner as the Authority may allow.

Exemption in respect of registered insurance brokers

17. Section 35ZE of the Act shall not apply to any registered insurance broker who negotiates any contract of insurance with a foreign insurer carrying on insurance business under the Insurance (Lloyd’s Asia Scheme) Regulations (Rg 9).

Exemption for introducing activities

18. Section 35M of the Act shall not apply to any person exempt under regulation 31 of the Financial Advisers Regulations (Rg 2) in the course of carrying out introducing activities.

Non-applicability of extra-territoriality of Act

19.

—(1) Section 56A(2) of the Act shall not apply in respect of any advertisement issued by or on behalf of a person carrying on insurance business as an insurance intermediary outside Singapore if —

(a)

the advertisement is not made to or directed at persons in Singapore, whether electronically or otherwise;

(b)

the advertisement does not contain any information especially relevant to persons in Singapore;

(c)

the advertisement contains a prominent disclaimer referred to in paragraph (2); and

(d)

the advertisement is not referred to in, or directly accessible from, any source which is calculated to draw the attention of persons in Singapore to the advertisement.

(2) For the purposes of paragraph (1)(c), the disclaimer shall consist of a statement to the effect that the advertisement to which it relates —

(a)

is directed at persons outside Singapore; or

(b)

shall not be acted on by persons in Singapore.

(3) In this regulation, “advertisement” means the dissemination or conveyance of information, or invitation or solicitation by any means or in any form, including by means of —

(a)

publication in a newspaper, magazine, journal or other periodical;

(b)

display of posters or notices;

(c)

circulars, handbills, brochures, pamphlets, books or other documents;

(d)

letters addressed to individuals or bodies corporate or unincorporate;

(e)

photographs or cinematograph films; or

(f)

sound broadcasting, television, the internet or other media.

THE SCHEDULE

LEGISLATIVE HISTORY

Insurance (Intermediaries) Regulations

(CHAPTER 142, Rg 16)

This Legislative History is provided for the convenience of users of the Insurance (Intermediaries) Regulations. It is not part of these Regulations.
1.	G. N. No. S 683/2003—Insurance (Intermediaries) Regulations 2003
	Date of commencement	:	1 January 2004
2.	2004 Revised Edition—Insurance (Intermediaries) Regulations
	Date of operation	:	31 December 2004
3.	G. N. No. S 747/2007—Insurance (Intermediaries) (Amendment) Regulations 2007
	Date of commencement	:	1 January 2008
4.	G.N. No. S 832/2013—Insurance (Intermediaries) (Amendment) Regulations 2013
	Date of commencement	:	31 December 2013