SETTING UP A SYNDICATE SERVICE COMPANY IN HONG KONG

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1 SETTING UP A SYNDICATE SERVICE COMPANY IN HONG KONG 2012

2 2 Disclaimer This is fr reference nly and is nt cnsidered t be legal advice. Whilst all care has been taken t ensure the accuracy f the infrmatin Llyd s des nt accept any respnsibility fr any errrs r missins. Llyd s is nt respnsible r liable fr any alleged damage arising frm reliance upn the infrmatin prvided.

3 3 Backgrund t Llyd s peratin in Hng Kng The Llyd s licence in Hng Kng allws business t be written either by cverhlders based in Hng Kng (r elsewhere), r syndicates directly in Lndn. Cverhlders based in Hng Kng are subject t the regulatins regarding insurance intermediaries in Hng Kng. A syndicate service cmpany wuld perate as an insurance agent in Hng Kng. Key cnsideratins fr becming a cverhlder in Hng Kng Intermediary regulatin Llyd s depsit Tax Regulatry reprting Intermediary regulatin Intermediaries in Hng Kng must be an insurance agent, r insurance brker. Firstly they must set up a Hng Kng registered cmpany and shuld seek lcal legal and tax advice n this. Insurance agents must register with the Insurance Agents Registratin Bard (IARB) which is run by Hng Kng Federatin f Insurers (HKFI). They must appint a respnsible fficer wh is qualified and fit and prper. Agents must fllw cdes f cnduct and can nly act fr a maximum f fur principals (Llyd s cunts as ne principal n matter the number f binders). Agents must infrm Llyd s HK f any changes t binding authrities that shuld be ntified t the IARB. Details f the IARB can be fund n the HKFI website: There are als CPD requirements. Brkers must be registered with the Cnfederatin f Insurance Brkers (CIB), r the Prfessinal Insurance Brkers Assciatin (PIBA), r be individually regulated by the Insurance Authrity. Fr bth PIBA and CIB the minimum paid up capital and net asset value must nt be less than HK$100,000. Brkers can be cverhlders nly if the cverhlder business is an incidental part f their verall business. CIB requirements can be fund n PIBA requirements can be fund n Llyd s depsit Llyd s has a depsit ldged with the Insurance Authrity and is adjusted annually. It is currently funded by syndicates writing Hng Kng cverhlder business via a cllateralized letter f credit which is managed by ASL. The depsit is based n Llyd s ttal liabilities: the greater f either a) 40% f grss insurance liabilities (befre deductin f amunt reinsured); r b) 80% f net insurance liabilities (after deductin f amunt reinsured); plus an additinal specified amunt. Tax There is n premium tax in Hng Kng, nr is there any VAT/ GST. Llyd s underwriters are subject t incme tax at prevailing rates, subject t lsses brught frward. This is cllected, where payable, by Llyd s taxatin department via Central Accunting. Intermediaries as cmpanies in Hng Kng will have t pay their wn lcal taxes such as prfits tax, salaries tax fr which lcal taxatin advice shuld be sught. Regulatry reprting Llyd s regulatry reprting is cmpiled by Llyd s centrally, using which is btained directly frm cverhlders. On a quarterly basis, and annual, Llyd s must submit regulatry statistics t the Insurance Authrity.

4 4 Cverhlder applicatin The cverhlder applicatin prcess shuld be started first. Once the apprval is granted, then the Llyd s Hng Kng ffice is able t sign supprt fr the insurance agency registratin. The link t the applicatin prcess is here: Applicatin fr an Insurance Agency The cmpany must first be registered as a Hng Kng cmpany and btain a business registratin. The persnnel shuld have the crrect emplyment status (e.g. permanent resident r emplyment visa). The binding authrity shuld be in place prir t the applicatin but fr a start-up Llyd s can wrk with the applicant n this cncurrently with the cverhlder applicatin. An agent may wrk fr up t fur principals (insurers). Llyd s syndicates cunt as ne principal s the agent may hld any number f Llyd s binding authrities. Qualificatins The respnsible fficer and technical representative must pass the Insurance Intermediaries Qualifying Examinatin unless they are exempt by hlding ACII r equivalent. There can be waiting lists fr these exams s applicants are advised t register in advance. Details f the examinatins required and acceptable exemptins are: Psitins An insurance agency must have a respnsible fficer wh is the persn respnsible fr the verall cnduct f the insurance intermediary business. Their technical representatives are peple wh prvide advice n insurance matters t plicyhlders r ptential plicyhlders fr insurance intermediaries, r negtiate r arrange cntracts f insurance in r frm Hng Kng n behalf f insurance intermediaries. Registratin Fee The registratin fee must be paid prir t the submissin f the applicatin and the receipt attached t the applicatin frms. Agent registratin/renewal fee (fr a perid f three years) HK$410 Administratin fee fr registering every additinal insurer HK$70 (if agent is already established and just adding Llyd s as a principal) One fee is payable fr the registratin f an agency and its respnsible fficer; a separate fee is payable fr each technical representative r additinal agent. Payment methds can be fund:

5 5 Frms A checklist f the frms t be submitted can be fund: Checklist f Registratin Dcuments The applicatin frms can be dwnladed frm the HKFI website: 1. Frm A - Individual Agent 2. Frm B - Insurance Agency Appendix B1 - Declaratin by Insurance Agency / Agent appinted by the Applicant Appendix B2 - Details f place(s) f business f the Applicant ther than the address filled in Part II f the Applicatin Frm B Appendix B3 - Declaratins n persnal data by the Directrs f the Applicant named in Part VI f the Applicatin Frm B 3. Frm C - Respnsible Officer f Insurance Agency 4. Frm D - Technical Representative f Insurance Agent Cnfirmatin f Registratin 1. Frm A-C - Individual Agent 2. Frm B-C - Insurance Agency 3. Frm C-C - Respnsible Officer f Insurance Agency Submissin f Frms The frms shuld be cmpleted by the cverhlder and the syndicate shuld fill ut the sectin fr appinting insurer. The General Representative fr Llyd s shuld then certify all the frms and appendices fr submissin t the IARB. The registratin f the Llyd s binding authrity shuld take the fllwing frm: [Name f agent] a/f certain syndicates at Llyd s. The IARB pledges t deal with cmplete applicatins within three wrking days. The IARB will issue agent and agency numbers. The agent number must be included n business cards. Registratin f additinal technical representatives and agents can be dne by the cverhlder and d nt need t be signed by the General Representative. Additinal Llyd s binding authrities Each additinal Llyd s binding authrity granted t a cverhlder shuld be registered with the IARB if there is a different lead syndicate. The Llyd s General Representative shuld be infrmed within seven days f the granting f the binding authrity and will ntify the IARB. Cde f Practice fr the Administratin f Insurance Agents The Ordinance requires the HKFI t issue a Cde f Practice fr the Administratin f Insurance Agents, which is binding n insurers. A cpy f the Cde f Practice is available frm the HKFI website: under 'Publicatins'. Lead underwriters and their cverhlders are jintly respnsible fr ensuring that they cmply with the Cde f Practice. Where necessary Llyd's cverhlder apprval/binding authrity registratin prcesses reflect the duties placed upn cverhlders and their spnsring Llyd's underwriters by the Cde f Practice. Prir t writing any business fr a Llyd's syndicate there must be a written agreement in place between the cverhlder and the syndicate. This must include a clause requiring the cverhlder t abide by Part F f the Cde f Practice. Part F sets ut guidelines fr the cnduct f insurance agents. N business shuld be written under the binder until there is a written agreement that incrprates sectin F. Cverhlders shuld nte that the Cde f Practice includes nging requirements and that cmpliance des nt end with registratin/re-registratin.

6 6 Regulatry reprting The reprting requirements fr Llyd s are specified in sectin 50C f the Insurance Cmpanies (Amendment) Ordinance (ICO) Llyd s prepares the General business return which is audited and an actuarial review n the Emplyees cmpensatin and mtr classes. In additin Llyd s files cpies f its glbals and return t the FSA. Llyd s is als required t reprt figures n a quarterly basis. These are derived frm data prvided directly frm cverhlders (r the assciated brker r managing agent) n a mnthly basis t the Llyd s Cre Market Return system. After the Hng Kng cverhlder is established, Llyd s will prvide the relevant reprting templates and guidance n the requirements fr regulatry reprting. In additin, Llyd s is required t prvide the regulatr, n a quarterly basis, with a list f its cverhlders in Hng Kng within ne mnth after the clse f the quarter t which it relates. The list must include details f the types f business carried n by each f them. The Llyd s representative ffice btains this frm the cverhlders each quarter.

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