Document Detail
Circular
संदर्भसं.
Ref.No:IRDA/F&A/CIR/MISC/076/03/2020 Date:28-03-2020
प्रति
To CMDs/CEOs- AllGeneral Insurers, Health Insurers and Specialized Insurers
विषयःपूँजीगत कर्ज
Sub: Capital GearingTreaties
संदर्भ
IRDAI (Assets,Liabilities, and Solvency Margin of General Insurance Business) Regulations,2016; and
IRDA (Preparation ofFinancial Statements and Auditor’s Report of Insurance Companies) Regulations,2002.
यहदेखा गया हैकि कुछबीमाकर्ताओंने कोटा शेयरपुनर्बीमासमझौते सहितविभिन्नरूपों मेंपूँजी कर्ज
It has been observed that someof the insurers have entered into Capital Gearing treaties in various formsincluding Quota Share Reinsurance Treaty. The terms of these treaties have beenexamined, and the Authority is of the considered view that such Capital Gearingtreaties are of the nature of financial arrangements and not primarily a risktransfer mechanism. It appears that insurers have adopted these arrangements inorder to improve the solvency margin ratio.
2. उपर्युक्तको देखते हुए
In view of theabove, the Authority hereby directs the insurers as under:
क
a. No insurer shallenter into any fresh Capital Gearing treaties effective from the date ofissuance of this Circular; and
b. Insurers who arehaving such treaties on their books as on the date of issuance of this Circularshall take the following steps:
i.
कार्यकी योजना मेंपूँजी लगानेकी आवश्यकता कानिर्धारण एवंइन पूँजीगतकर्ज-भार
The plan of actionshall also include assessment of requirement of capital infusion and sources offunds for the capital infusion so required due to prospective closure of theseCapital Gearing treaties
ii. The direct insurers(cedants) shall create appropriate reserves towards Unearned Premium Reserves,Premium Deficiency Reserves, Outstanding Claims Reserves (including IBNR/IBNER)in accordance with IRDAI (Assets, Liabilities and Solvency Margin of GeneralInsurance Business) Regulations, 2016. Further, such treaties have to beaccounted for, based on the principle of “Substance over Form”, as prescribedby para 2.13 of Master Circular on Preparation of Financial Statements issuedby the Authority in October 2012.
सभीबीमाकर्ताओंको सूचित कियाजाता है कि वे अनुपालनके लिएउपर्युक्त काध्यान रखें।
All insurers areadvised to take note of the above for compliance.
हस्ता
(प्रवीणकुटुंबे / Pravin Kutumbe)
सदस्य