Insurance Fees Regulations 2010 - Consultative Document



Similar documents
Insurance (Valuation of Long Term Liabilities) Regulations 2007 Consultative Document

CONSULTATION PAPER. Insurance (Fees) Regulations 2013 Registered Schemes Administrators (Fees) Order 2013

THE ONLINE GAMBLING REGULATION ACT THE ONLINE GAMBLING (DISASTER RECOVERY) (No. 2) REGULATIONS. Laid before Tynwald 16 th October 2007

S.I. No.74 of 2007 REGULATIONS. entitled NON-LIFE INSURANCE (PROVISION OF INFORMATION)(RENEWAL OF POLICY OF INSURANCE) REGULATIONS 2007

INSURANCE INTERMEDIARIES (GENERAL BUSINESS) REGULATIONS 1999

VALUE ADDED TAX ACT VALUE ADDED TAX (AMENDMENT) (No. 3) REGULATIONS 2000

Consolidation and Review of the Financial Services Regulatory Legislation. Briefing Document on the implementation of the legislation and rule book

INSURANCE COMPANY MANAGEMENT IN THE ISLE OF MAN

Insurance (Amendment) (Valuation of Liabilities Rates of Interest) Regulations 2015 CONSULTATION PAPER CP15-01

2015 No DEREGULATION. The Deregulation Act 2015 (Insolvency) (Consequential Amendments and Transitional and Savings Provisions) Order 2015

FINANCIAL SERVICES (GENERAL INSURANCE MEDIATION BUSINESS (REGISTRATION AND FEES)) (JERSEY) ORDER 200-

FINANCIAL SERVICES (AMENDMENT OF LAW) (No. 2) (JERSEY) REGULATIONS 2007

2008 No. 495 COMPANIES. The Companies (Trading Disclosures) Regulations 2008

INSURANCE INTERMEDIARIES (GENERAL BUSINESS) (AMENDMENT) REGULATIONS 2012

GUIDANCE NOTES for Insurance Business

Taxation of Pension Schemes

SOCIAL SECURITY. The Social Security (United Kingdom) Order 1977 SOCIAL SECURITY

STATES OF JERSEY DRAFT COLLECTIVE INVESTMENT FUNDS (RECOGNIZED FUNDS) (ACTIONS FOR DAMAGES) (JERSEY) REGULATIONS 200-

STATUTORY INSTRUMENTS. S.I. No. 341 of 2015 BETTING DUTY AND BETTING INTERMEDIARY DUTY REGULATIONS 2015

2011 No. ELECTRICITY GAS. The Warm Home Discount Regulations 2011

STATUTORY INSTRUMENTS. S.I. No. 580 of 2015 REGISTER OF PATENT AGENT RULES

Gateway Reference: PCT Directors of Finance Optometrists and Ophthalmic Medical Practitioners on PCT lists

MONEYLENDERS ACT 1991

2013 No. 999 COMPANIES

S.I. 732 of 2004 R E G U L A T I O N S. entitled. European Communities (Non-Life Insurance) (Amendment) Regulations 2004

1998 No. 258 (N.I. 1) NORTHERN IRELAND

Insurance Companies (Amalgamations) Bill. Explanatory Memorandum

SUBSIDIARY LEGISLATION COMPANIES ACT (CELL COMPANIES CARRYING ON BUSINESS OF INSURANCE) REGULATIONS

DECISION OF THE SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL of 15 December 2015 adopting the Rules relating to Fees for Unitary Patent Protection

2011 No TOWN AND COUNTRY PLANNING. The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

COLLECTIVE INVESTMENT SCHEMES ACT 2008 AUTHORISED COLLECTIVE INVESTMENT SCHEMES REGULATIONS Approved by Tynwald 19 October 2010

BE IT ENACTED by the Queen s Most Excellent Majesty, by

Energy Products (Safety and Efficiency) Regulations 2012

INSURANCE INTERMEDIARIES (GENERAL BUSINESS) ACT 1996 (As it has effect at 1st June 1999)

2016 No PUBLIC SERVICE PENSIONS, ENGLAND AND WALES. The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016

NOTICE OF ANNUAL GENERAL MEETING

2014 No. PENSIONS. The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2014

DEBT RECOVERY AND ENFORCEMENT BILL 2010

Data-gathering from merchant acquirers

FINANCIAL SERVICES ACT 2008 REGULATED ACTIVITIES ORDER Approved by Tynwald 13 December 2011 Coming into operation 1 January 2012

2015 No ELECTRICITY GAS. The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015

INSURANCE ACT (CHAPTER 142) INSURANCE (NOMINATION OF BENEFICIARIES) REGULATIONS 2009

The regulation applies to direct insurance only.

CAPPING PERSONAL TAX LIABILITIES

CONSULTATION PAPER NO

Taxation of Pension Schemes

2013 No REHABILITATION OF OFFENDERS, ENGLAND AND WALES

The Limited Liability Companies Act Dissolving a Solvent Limited Liability Company under Section 11A

CONSULTATION PAPER NO MANAGED ACCOUNTS

Act on Insurance Mediation and Reinsurance Mediation

Offender Rehabilitation Act 2014

BERMUDA TRUSTS (REGULATION OF TRUST BUSINESS) EXEMPTION ORDER 2002 BR 38 / 2002

Aggregates levy: credits in Northern Ireland

186 ACT. of 24 April 2009

Bank Payroll Tax. Technical Note, Draft legislation and Explanatory Notes

The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 (Amendment of Schedules 1 and 2) Regulations, 2010

THE INSURANCE MEDIATION DIRECTIVE 2002/92/EC OF 9 DECEMBER 2002

ARRANGEMENTS OF REGULATIONS

Number 42 of 2000 INSURANCE ACT, 2000 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

2013 No FINANCIAL SERVICES AND MARKETS. The Alternative Investment Fund Managers Regulations 2013

Explanatory Memorandum

2012 No. 767 TOWN AND COUNTRY PLANNING, ENGLAND. The Town and Country Planning (Local Planning) (England) Regulations 2012

Section 69 Order: modification of the Solicitors Regulation Authority Compensation Fund

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004

1.1 The Scheme shall be cited and referred to as the Waste Management Fees and Charges (Scotland) Scheme 2015 ( the Scheme ).

2014 No. ELECTRONIC COMMUNICATIONS. The Data Retention Regulations 2014

ARRANGEMENT OF REGULATIONS. 4. Tax credits on distributions to insurance companies 3

One Strand Trafalgar Square London England WC2N 5HR.

2012 No. 115 EDUCATION, ENGLAND. The Education (School Teachers Appraisal) (England) Regulations 2012

VHI HEALTHCARE OBSERVATIONS ON REPORT BY HEALTH INSURANCE AUTHORITY ON COMPETITION IN THE IRISH PRIVATE HEALTH INSURANCE MARKET

Occupational Health and Safety Act 2000

A Consultation on Land and Buildings Transaction Tax Rules for Property Authorised Investment Funds

2015 No. XXXX ENERGY, ENGLAND HOUSING, ENGLAND. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

A Guide to Isle of Man Companies

FINANCIAL SUPERVISION ACT 1988 LIFE ASSURANCE (COMPENSATION OF POLICYHOLDERS) REGULATIONS 1991 PART 1 INTRODUCTION

SCOTTISH EXECUTIVE Development Department PLANNING. Removal of Legal Impediments to E-Planning. Consultation Paper

How To Amend The Casino Amendment Bill 2012

Life Assurance Premium Relief (LAPR): Repeal

Amendments to the Tax Treatment of Financing Costs and Income (Debt Cap)

FAIS NEWSLETTER. Background to Newsletter. Inside this issue: Financial Services Board 1/31/2013 Volume 14

Insurance (Amendment) Bill

GUIDE TO ESTABLISHING INSURANCE COMPANIES IN GUERNSEY

Marriage (Same Sex Couples) Act 2013

CHAPTER 292 THE GAMING AND POOL BETTING (CONTROL AND TAXATION) ACT. Arrangement of Sections.

2013 No CAPITAL GAINS TAX CORPORATION TAX

STATUTORY INSTRUMENTS. S.I. No.[ ] of 2014 SMALL PUBLIC SERVICE VEHICLE (CONSOLIDATION AND REFORM) REGULATIONS 2014

Number 48 of Health Insurance (Amendment) Act 2013

2015 No CONSUMER PROTECTION. The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015

THE CENTRAL FUND BYELAW

How To Define Health Insurance Contract In The Principal Act

Update on Consultation on Forward-Facing Cameras in Taxis and Private Hire Cars

Companies Regulations (COR)

Act on the Supervision of Credit Institutions, Insurance Companies and Securities Trading etc. (Financial Supervision Act)

OPTIMAL PAYMENTS PLC (incorporated in the Isle of Man with registered number C)

RECRUITMENT AGENCIES AND ASSOCIATED ACTIVITIES INSURANCE

A GUIDE TO THE OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE

Guidance Note on Outsourcing/Delegation of Functions

BERMUDA INSURANCE RETURNS AND SOLVENCY REGULATIONS 1980 BR 16 / 1980

WATER INDUSTRY ACT 1991: SECTION 208. THE SECURITY AND EMERGENCY MEASURES ([ ])(a) (LICENSED WATER SUPPLIERS) DIRECTION [ ](b)

Transcription:

Insurance Fees Regulations 2010 - Consultative Document 1. Introduction The Insurance and Pensions Authority has drafted the Insurance Fees Regulations 2010. A copy of the draft Regulations is attached as appendix 2 to this document. The purpose of the proposed Regulations is to prescribe the annual fees charged to certain entities regulated under the Insurance Act 2008 with effect from April 2010 onwards. The Regulations also bring together the provisions that establish such fees into one document. 2. Background The Authority has, over recent years, reviewed the fees it charges to its licence holders on a threeyearly basis. The fees for authorised insurers and insurance business intermediaries were last set in April 2007, and accordingly are due to be updated in April 2010. The fees for PCCs were set when the PCC regulations were set in 2004 and have not been reviewed to date. Throughout the last decade the Authority has, in the main, increased fees at or below inflationary levels. However, in carrying out its latest review of such fees the Authority has had regard to the current economic climate and the need to maximise revenue where possible. Accordingly, it now proposes a range of fee increases that are somewhat above that inflationary level. In doing this the Authority has sought to continue to maintain an appropriate balance in meeting the costs of regulation between its licenceholders and Government. The increases are set out in detail in sections 3 and 4. 3. Annual Fees A comparison of current fees, and those proposed within the Insurance Fees Regulations 2010 is set out below. Current Proposed Last fee increase Annual Fee Authorised insurer - life 14,000 17,500 2007 Authorised insurer - non-life 3,500 4,250 2007 PCC life 12,500 17,500 - PCC non-life 3,250 4,250 - PCC cell life 12,500 17,500 - PCC cell non-life* 500-3250 500-4,250 - Insurance Fees Regulations 2010 - Consultative Document

Permit holder (EU) 1,450 1,450 2009 Permit holder (non-eu) 3,500 4,250 2007 General Insurance Business Intermediary 550 1,000 2007 Insurance Manager < 5 clients 2,000 2,000 2009 5 clients 3,500 3,500 2009 * - The fee for a non-life cell is calculated based on the level of premiums written by the cell. 4. Application Fee The one-off fees charged on application for authorisation / registration have remained static for many years. At present the cost to the Authority in considering an application often considerably outweighs the application fee charged. Hence, the following increases are proposed: Current Proposed Application Fee Authorised insurer life 1,500 3,500 Authorised insurer non-life 1,500 2,000 PCC 1,500 2,000 PCC Cell 750 1,000 Permit holder (EU) 0 0 Permit holder (non-eu) 0 2,000 Insurance Manager < 5 clients 2,000 2,000 5 clients 2,000 2,000 5. Comments and Timing The IPA invites comments on the draft Regulations by 22 nd January 2010, though earlier submission would be welcome. The Authority will seek to respond to any comments or questions as soon as is practicable following their receipt. Insurance Fees Regulations 2010 - Consultative Document

6. Contact Any questions or correspondence on this should be addressed in the first instance to: Martin Elliott Manager Finance & Development Insurance and Pensions Authority HSBC House Ridgeway Street Douglas Isle of Man IM1 1ER Or by e-mail to martin.elliott@ipa.gov.im Insurance Fees Regulations 2010 - Consultative Document

Appendix 1 Summary of Main Provisions Regulation 1 Citation and commencement and interpretation - prescribes the title and operative date for the Regulations, and provides interpretation for certain terms used therein. Regulation 2 Application prescribes the persons for whom the Regulations have effect. Regulation 3 Authorised Insurers - prescribes the fees payable by authorised insurers other than those which are protected cell companies. Regulation 4 Protected Cell Companies - prescribes the fees payable by protected cell companies. Regulation 5 Permit Holders - prescribes the fees payable by Permit Holders. Regulation 6 Insurance Managers - prescribes the fees payable by Insurance Managers. Regulation 7 Insurance Intermediaries (General Business) - prescribes the fees payable by Insurance Intermediaries (General Business). Regulation 8 Revocation - prescribes that the existing fees regulations in respect of persons for whom the Regulations have effect will be revoked. Insurance Fees Regulations 2010 - Consultative Document

Appendix 2 Statutory Document No. ###/10 INSURANCE ACT 2008 INSURANCE FEES REGULATIONS 2010 Laid before Tynwald 2010 Coming into operation April 2010 In exercise of the powers conferred on the Insurance and Pensions Authority by sections 47 and 50 of, and Schedule 7 to, the Insurance Act 2008 1, and of all other enabling powers, and having consulted the Treasury, and such other organisations and persons as appear to it to be likely to be affected, the following Regulations are made: 1. Citation and commencement and interpretation (1) These Regulations may be cited as the Insurance Fees Regulations 2010 and shall come into operation on the ## April 2010. (2) In these Regulations the Act means the Insurance Act 2008; protected cell company, PCC and cell have the same meaning as in the Protected Cell Companies Act 2004. 2. Application For the purposes of section 47 of the Act, these regulations prescribe fees in respect of each person who is (a) an insurer authorised under section 8 of the Act; (b) the holder of a permit issued under section 22 of the Act; (c) an insurance manager registered under section 25 of the Act; and (d) an insurance intermediary registered under section 25 of the Act. 3. Authorised Insurers (1) Paragraphs (2) and (3) apply only in respect of authorised insurers that are not protected cell companies. 1 2008 c.16 Price: 50 pence - 1 -

(2) For an insurer which, in accordance with regulation 2 of the Insurance Regulations 1986 2, is authorised to carry on insurance business within (a) classes 1 or 2 (i) the authorisation fee is 3,500; and (ii) the annual fee is 17,500; (b) any other class (i) the authorisation fee is 2,000, and (ii) the annual fee is 4,250. (3) The annual fee is payable on 6 April each year. 4. Protected Cell Companies (1) Paragraphs (2) to (6) apply only in respect of authorised insurers that are protected cell companies. (2) The authorisation fee (a) for a PCC, is 2,000; and (b) for a cell, is 1,000. (3) Subject to paragraphs (4) and (5), for an insurer which, in accordance with regulation 4 of the Insurance (Protected Cell Companies) Regulations 2004 3, is authorised to carry on insurance business within (a) class 1 or 2, the annual fee (i) for the PCC is 17,500; and (ii) for each cell is 17,500; (b) any other class (i) for the PCC, the annual fee is 4,250; and (ii) for each cell, the annual fee is 0.2% of the net written premium of that cell, subject to a minimum of 500 and a maximum of 4,250 per cell per year. (4) Where a PCC has satisfied the Supervisor that a cell of that PCC is dormant, the annual fee in respect of that cell is 100. (5) The annual fee for a PCC as calculated under sub-paragraph (3) (b) (ii) and paragraph (4) shall be subject to a maximum in the aggregate of 25,000. (6) The annual fee is payable on 6 April each year. 5. Permit Holders (1) For a permit holder in respect of which (a) regulation 1(2) of the Insurance Regulations 1986 has effect (i) the issuance fee is 2,000; and (ii) the annual fee is 4,250; 2 3 GC 319/86 S.D. 149/04-2 -

(b) regulation 15(1) of the Insurance (Protected Cell Companies) Regulations 2004 has effect (i) the issuance fee is 2,000; and (ii) the annual fee shall be the same fee as is payable under regulation 4(3)(b), 4(4) and 4(5) in respect of a PCC which is authorised to carry on insurance business; and (c) neither regulation 1(2) of the Insurance Regulations 1986 nor regulation 15(1) of the Insurance (Protected Cell Companies) Regulations 2004 has effect, the annual fee is 1,450. (2) The annual fee is payable on 6 April each year. 6. Insurance Managers (1) The fee in respect of registration as an insurance manager in accordance with section 25 of the Act is 2,000. (2) The annual fee for a person who acts as an insurance manager for (a) five or more insurers is 3,000; and (b) less than five insurers is 1,750. (3) The annual fee is payable on 1 July each year. 7. Insurance Intermediaries (General Business) (1) The fee in respect of registration of an insurance intermediary, for a period of one year, is 1,000. (2) The renewal date for registration of an insurance intermediary is 1 June. 8. Revocation (1) Regulations 16, 18(2) and 19(2) of the Insurance Regulations 1986 are revoked. (2) Regulation 3 of the Insurance Intermediaries (General Business) Regulations 1999 4 is revoked. 5 (3) Regulation 2 of the Insurance (Amendment) (Fees) Regulations 2009 is revoked. (4) Regulation 2 of the Insurance (Amendment) (Fees) Regulations 20076 is revoked. (5) Regulation 2 of the Insurance Intermediaries (General Business) (Amendment) (Fees) Regulations 20077 is revoked. 4 5 6 7 SD 88/99 SD 73/09 SD 120/07 SD 121/07-3 -

Made 2010 Chairman, Insurance and Pensions Authority EXPLANATORY NOTE (This note is not part of the regulations) These regulations make changes to the fees charged under section 47 of the Insurance Act 2008. Specifically, the regulations make increases to the application and annual fees charged to certain entities regulated by the Insurance and Pensions Authority under the Insurance Act 2008. The regulations also have the effect of bringing together all application and annual fees charged under the Insurance Act such that they are prescribed within one - 4 -