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        • Federal Law No. 6 of 2007 on the Organization of Insurance Operations

          FED LAW 6/2007 Effective from 15/2/2007

           

          This law has been amended by The Federal Law No. (05) of 2012, Federal law No. (3) of 2018Federal Law No. (24) of 2020 and Federal Law No. (25) of 2020 respectively. You are viewing the latest version. Please find the PDFs of previous versions on the table below.
          version 2 (consolidated as of 02/01/2021) 
          version 1 (effective from 15/02/2007) 

           

          1. The word (Authority “IA”) shall be replaced by the phrase “The Central Bank”, wherever mentioned in Federal Law No. (6) of 2007 referred to herein.
          2. The word (Minister) shall replaced by the word “Chairmen”, wherever mentioned in Federal Law No. (6) of 2007 referred to herein and in the bylaws, regulations and resolutions issued in implementation thereof.
          3. The phrase (The Director General) shall be replaced by the phrase (The Governor of the Central Bank) wherever mentioned in Federal Law No. (6) of 2007 referred to herein and in the bylaws, regulations and resolutions issued in implementation thereof.

          • Preliminary Chapter

            • Article (1)

              • Definitions

                The following words and phrases shall bear the meanings indicated beside each of them unless the context provides otherwise:

                State: The United Arab Emirates.

                Board: The Insurance Authority's Board of Directors.

                Chairman: The Chairman of the Board.

                Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent.

                Insurer: Any insurance company incorporated in the State or foreign company licensed to carry out insurance operations in the State according to the provisions of the Law herein.

                Insured: The person who has concluded an insurance contract with the company.

                Insurance Agent: The person approved and authorized by the company to carry out insurance operations on its behalf or on behalf of any branch thereof.

                Insurance Policy (Insurance Contract): The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their obligations, and rights or the rights of beneficiary of the insurance and any endorsements therein.

                Re-insurer: Any re-insurance company incorporated in the State or foreign re-insurance company licensed to carry out insurance operations inside the State or a foreign re-insurance company outside the State.

                Insurance Broker: The person who independently intermediates in insurance and reinsurance operations between the insurance or re-insurance Proposer on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or re¬insurance has been concluded.

                Surveyor & Loss Adjuster: The person who examines the damages occurred to the subject matter of the insurance, and assesses them.

                Insurance Consultant: The person, who studies the insurance requirements for his clients, gives advice in respect of the suitable insurance coverage, assists in preparing insurance requisites and receives for his efforts remuneration from his clients.

                Actuary: The person who estimates values of the insurance contracts, policies and the related accounts.

                Insurance-related Professions: Any person licensed by the Authority to practice any of the activities of Insurance Agent, Actuary, Insurance Broker, Surveyor & Loss Adjuster, Insurance Consultant or any other insurance-related profession that the Board decides to regulate.

                Register: The register of insurance companies or insurance agents.

                Data: All data and information (both paper and electronic) relating to any insurance activity, including data related to individuals who can be identified, directly or indirectly.

                Branch: The branch of the company that carry out insurance operations in its name.

                Authorized Manager: The person appointed by the foreign insurance company to manage its branch in the State.

                Beneficiary: The person who acquired the rights of the insurance contract at inception or these rights has been legally transferred thereto.

                Technical Provisions: The provisions which the insurer must deduct and maintain to meet the insured's accrued financial obligations pursuant to the provisions of the law herein.

                Solvency Margin: The surplus in the value of the company's real assets over its liabilities that enables it to fulfil its obligations in full and to pay the required indemnities right away when they befall due without impeding the company operations or weakening its financial position.

                Minimum Guarantee Fund: The amount that equates one third of the required solvency margin or the amount determined by the Board whichever is the greater.

                Auditor: The accounts' auditor licensed to practice work in the State.

                Person: Any natural or legal person.

                 

                This article has been amended by Federal Law No. (03) of 2018 and Federal Law No. (24) of 2020 respectively. You are on the latest version. To view previous versions, click the version boxes below.
                Version 2(effective from 26/04/2018 to 02/01/2021)

                 

                The following words and phrases shall bear the meanings indicated beside each of them unless the context provides otherwise:

                State: The United Arab Emirates.

                Ministry: The Ministry of Economy.

                Minister: The Minister of Economy.

                Authority: The Insurance Authority established by virtue of the provisions of the law herein.

                Board: The Insurance Authority's Board of Directors.

                Chairman: The Chairman of the Board.

                Director General: The Director General of the Insurance Authority.

                Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent.

                Insurer: Any insurance company incorporated in the State or foreign company licensed to carry out insurance operations in the State according to the provisions of the Law herein.

                Insured: The person who has concluded an insurance contract with the company.

                Insurance Agent: The person approved and authorized by the company to carry out insurance operations on its behalf or on behalf of any branch thereof.

                Insurance Policy (Insurance Contract): The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their obligations, and rights or the rights of beneficiary of the insurance and any endorsements therein.

                Re-insurer: Any re-insurance company incorporated in the State or foreign re-insurance company licensed to carry out insurance operations inside the State or a foreign re-insurance company outside the State.

                Insurance Broker: The person who independently intermediates in insurance and reinsurance operations between the insurance or re-insurance Proposer on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or re¬insurance has been concluded.

                Surveyor & Loss Adjuster: The person who examines the damages occurred to the subject matter of the insurance, and assesses them.

                Insurance Consultant: The person, who studies the insurance requirements for his clients, gives advice in respect of the suitable insurance coverage, assists in preparing insurance requisites and receives for his efforts remuneration from his clients.

                Actuary: The person who estimates values of the insurance contracts, policies and the related accounts.

                Insurance-related Professions: Any person licensed by the Authority to practice any of the activities of Insurance Agent, Actuary, Insurance Broker, Surveyor & Loss Adjuster, Insurance Consultant or any other insurance-related profession that the Board decides to regulate.

                Register: The register of insurance companies or insurance agents.

                Data: All data and information (both paper and electronic) relating to any insurance activity, including data related to individuals who can be identified, directly or indirectly.

                Branch: The branch of the company that carry out insurance operations in its name.

                Authorized Manager: The person appointed by the foreign insurance company to manage its branch in the State.

                Beneficiary: The person who acquired the rights of the insurance contract at inception or these rights has been legally transferred thereto.

                Technical Provisions: The provisions which the insurer must deduct and maintain to meet the insured's accrued financial obligations pursuant to the provisions of the law herein.

                Solvency Margin: The surplus in the value of the company's real assets over its liabilities that enables it to fulfil its obligations in full and to pay the required indemnities right away when they befall due without impeding the company operations or weakening its financial position.

                Minimum Guarantee Fund: The amount that equates one third of the required solvency margin or the amount determined by the Board whichever is the greater.

                Auditor: The accounts' auditor licensed to practice work in the State.

                Person: Any natural or legal person.

                 

                Version 1(effective from 15/02/2007 to 26/04/2018)

                 

                The following words and expressions shall bear the meanings indicated beside each of them unless the context provides otherwise:

                State:The United Arab Emirates
                Ministry:The Ministry of Economy
                Minister:The Minister of Economy
                Authority:The Insurance Authority established by virtue of the provisions of the law herein.
                Board:The Insurance Authority's Board of directors
                Chairman:The Chairman of the Board
                Director General:The Director General of the Insurance Authority
                Company:The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent.
                Insurer:Any insurance company incorporated in the State or foreign company licensed to carry out insurance operations in the State according to the provisions of the Law herein.
                Insured:The person who has concluded an insurance contract with the company.
                Insurance Agent:The person approved and authorized by the company to carry out insurance operations on its behalf or on behalf of any branch thereof.
                Insurance Policy (Insurance Contract):The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their obligations, and rights or the rights of beneficiary of the insurance or any endorsements therein.
                Re-insurer:Any re-insurance company incorporated in the State or foreign re-insurance company licensed to carry out insurance operations inside the State or a foreign re-insurance company outside the State.
                Insurance Broker:The person who independently intermediates in insurance and re-insurance operations between the insurance or re-insurance seeker on one side and any insurance or re-insurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or re-insurance has been accomplished.
                Loss & Damage Adjuster:The person who examines the damages occurred to the subject matter of the insurance, and assesses them.
                Insurance Consultant:The person, who studies the insurance requirements for his clients, gives advice in respect of the suitable insurance coverage, assists in preparing insurance requisites and receives for his efforts remuneration from his clients.
                Actuary:The person who estimates values of the insurance contracts, documents and the related accounts.
                Register:The register of the insurance companies or the insurance agents.
                Branch:The branch of the company that carry out insurance operations in its name.
                Authorized Manager:The person appointed by the foreign insurance company to manage its branch in the State.
                Beneficiary:The person who acquired the rights of the insurance contract at the start or these rights has been legally transferred thereto.
                Technical provisions:The provisions which the insurer must deduct and maintain to meet the insured's accrued financial obligations pursuant to the provisions of the law herein.
                Solvency margin:The surplus in the value of the company's real assets over its liabilities that enables it to fulfill its obligations in full and to pay the required indemnities right away when they befall due without impeding the company operations or weakening its financial status.
                Minimum Guarantee Fund:The amount that equates one third of the required solvency margin or the amount determined by the Board whichever is the greater.
                Accounts' Auditor:The accounts' auditor licensed to perform in the State.

                 

                 

                 

            • Article (2)

              1. The provisions of the law herein shall apply to the insurance companies incorporated in the State and the foreign companies licensed to perform the activity in the State including the companies engaged in the operations of cooperative insurance and takaful insurance or the operations of reinsurance provided for in the law herein and the insurance professions related thereto.
                 
              2. The provisions of the law herein shall not apply to the companies operating in the free zones in the State unless specifically provided for in the law herein.
            • Article (3)

              1. An insurance is a contract pursuant thereto the insurer shall be obliged to pay the insured or the beneficiary whose in his favor the insurance has been concluded a sum of money, regular proceeds or other monetary indemnity in case the insured accident or risk occurred, in return of installments or any other monetary sums paid by the insured thereto.
                 
              2. The insurer shall pay the indemnity provided for in the insurance contract to the insured or the beneficiary, as the case might be, as soon as the insured accident or risk occurred and thereupon the insurer shall legally subrogate the insured or the beneficiary in respect of the rights or obligations of each one of them.
                 
              3. The company shall be obligated to conclude insurance contracts for all the vehicles licensed to get going in the State when so required by the pertinent authorities. The executive regulation of the law herein shall determine the insurance's premium tariffs while magnitude of the risks should be taken into consideration.
          • Chapter One Insurance Operations and Its Types

            • Article (4)

              In implementing the provisions of the law herein the direct insurance operations shall be divided into three types:

              1. Life assurance and funds accumulation operations
              2. Properties insurance
              3. Life liability insurance

              The executive regulation of the law herein shall determine others may be enlisted under each of the three types.

            • Article (5)

              Insurance operations shall include the relevant activities of the types provided for in Article (4) of the law herein and as well shall include re-insurance, insurance agents, and actuaries, insurance brokers, loss and damage adjusters and insurance consultants' activities.

          • Chapter Two Insurance Authority

            • Article (6)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              1. An authority to be called The Insurance Authority, entertaining the status of a legal person with financial and administrative independence shall be established, and shall have an independent budget subjoined to the State's budget. In such capacity, the Authority shall perform all operations and actions enabling it to achieve the objectives and duties assigned thereto pursuant to the provisions of the law and shall be an annexed to the Minister.
               

              2. The main premises of The Authority shall be located in Abu Dhabi City and by decision of the Board branches thereto may be established within the State as the public interests may require.

              .

               

            • Article (7)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The Authority aims at organizing and overseeing the insurance sector in a way that would ensure suitable environment to develop it and enhance the role of the insurance industry to secure lives, properties, and liabilities against risks in order to protect the national economy; collect, develop, and invest the national savings to sustain the economic development of the State; encourage fair and effective competition; provide the best insurance services in competitive premiums and coverage, and Emiratize the insurance markets jobs and for the cause the Authority shall carry out the following duties:

              1. Protecting the rights of the insured and the beneficiaries of the insurance operations and monitoring solvency of the companies to avail satisfactory insurance coverage in order to protect these rights.
                 
              2. Enhancing performance and efficiency of the insurance companies and binding them to observe the profession's code and rule of conduct to enhance their capabilities to render the beneficiaries of the insurance the best services and attain constructive competition.
                 
              3. Providing efficient and qualified human resources to carry out insurance operations including establishment of an institute for the purpose in cooperation and collaboration with Emirates Insurance Association (EIA) according to the prevailing legislations.
                 
              4. Proposing programs and plans to develop the insurance sector in all aspects and enhancing insurance awareness, preparing studies and researches relevant to the insurance operations and disseminating the same.
                 
              5. Consolidating cooperation and integration ties with the authorities organizing insurance sector at both the Arab world and International levels.
                 
              6. Receiving applications to establish, open branches and representative offices for insurance and re-insurance companies, insurance brokers and the professions related thereto and issuing them the necessary licenses.
                 
              7. Identifying the risks which shall be compulsorily insured.
                 
              8. Determining unified tariffs of certain types of insurances and of those one enlisted there under in cases the public interest would require.
                 
              9. Any other assignment relevant to organizing the insurance sector as resolved by the Board.

              .

               

            • Article (8)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/12/2007 to 02/01/2021)

               

              The Insurance Authority shall be composed of the following:

              1. The Board
              2. The Director General
              3. The Executive Body

              .

               

            • Article (9)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see previous versions, click on the version boxes below.
              Version 2(effective from 10/10/2012 to 02/01/2021)

               

              The Authority shall have a board of directors composed of a chairman and a number of directors to be appointed under a Cabinet resolution. The nominees for the Board membership must not have any type of conflict of interest in their membership, throughout the membership term. The resolution to form the Board shall determine the number, remuneration and term of office of the directors.

              In its first meeting, the Board shall elect from its members a Vice Chairman to substitute the Chairman in the event of his absence or if the Chairman is incapacitated

              .

              Version 1(effective from 15/02/2007 to 10/10/2012)

               

              The Authority shall have a board of directors composed under the chairmanship of the Minister of ten members of the experienced and specialized individuals designated on basis of a presentation by the Minister as follows:

              • Two members from the Ministry to be nominated by the Minister
              • One member from the Ministry of Finance & Industry to be nominated by the Minister of Finance & Industry
              • One member from UAE Central Bank to be nominated by the Governor.
              • One member from the Federation of the Chambers of Commerce & Industry to be nominated by the President of the Federation.
              • Five members to be nominated by the Minister out of the specialist in the sectors of finance, economy and insurance, provided they include among them one member from Emirates Insurance Association (EIA).

              The Cabinet shall issue a resolution to form the Board, determine remunerations of its members, and indicate duration of membership. The Chairman shall select a deputy therefor out of the Board's members

              .

            • Article (10)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The executive regulation of the law herein shall lay down the terms and conditions of the Board's membership.

               

            • Article (11)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              1. Membership of any of the Board's members shall end in any of the following cases:

              1. Resignation or replacement by the nominating body.
              2. Should he remained absent for three consecutive cessions or four non-consecutive cessions during one year without an acceptable excuse.
              3. Should he become devoid of any of the terms and conditions provided for in the executive regulation of the law herein.

              2. The Cabinet on recommendation of the pertinent body and within a period not exceeding sixty days as from date of vacating a seat of the board shall appoint another in his place to complete the tenure of the member who his membership came to an end.

               

            • Article (12)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The Board shall assume the duties and authorities provided for in the law herein and the regulations, rules, directives, and decisions issued pursuant thereto including:

              1. Laying down the general policy of the Authority and approving the necessary implementation plans and programs.
                 
              2. Approving draft laws relevant to insurance operations and report them to the Cabinet.
                 
              3. Issuing the necessary directives to implement the provisions of the law herein, and the regulations, and rules, issued pursuant thereto.
                 
              4. Approving the draft of the annual budget of the Authority and refer it to the Cabinet for sanction.
                 
              5. Approving the annual report and the final accounts of the Authority and refer them to the Cabinet.
                 
              6. Appointing an account auditor for the Authority and determining his remuneration.
                 
              7. Acknowledging aids, donations, grants, and bequests seen in line with the objectives of the Authority.
                 
              8. Settling the objections raised by the company in respect of amending the insurance's forms, policies and endorsements.
                 
              9. Executing any other duties related to the Authority's affairs and objectives.

              .

               

            • Article (13)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The Board shall meet once every three months at least and may be invited to hold an extraordinary meeting upon request of the Chairman or three members at least.
              The quorum for holding the meeting of the Board shall be the attendance of the majority of the members, provided the chairman or his deputy shall be among them. Resolutions shall be issued by absolute majority of the votes cast and in case of a tie the side of the chairman of the meeting shall have casting vote. Minutes of the Board's sessions shall be written down and approved by the chairman of the session. The resolutions shall be issued duly signed by the chairman.
              The Board may invite whoever seen fit of those experienced and qualified experts and consultants to render assistance to attend its sessions without having voting rights in decisions making.

               

            • Article (14)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              By virtue of a Federal Decree based on a recommendation by the chairman a director general of the Authority shall be appointed in the same scale of an undersecretary of a ministry.

               

            • Article (15)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The director general shall carry out the operations of the Authority and representing the Authority in its relations with the others and before the judiciary and in particular he shall:

              1. Implement policies, plans and programs approved by the Board.
                 
              2. Suggest the organizational structure of the authority and superintend the same in a way that secures good performance of the operations.
                 
              3. Prepare programs and plans to develop the insurance sector and upgrade its services for submission to the Board.
                 
              4. Prepare draft laws, regulations, rules, directives and decisions issued in conformity with the provisions of the law herein related to insurance operations and refer the same to the Board.
                 
              5. Prepare the draft of annual budget the Authority and refer the same to the Board.
                 
              6. Consider complaints lodged pertaining to the insurance services and take the appropriate decisions in this respect unless seen necessary to refer them to the Board.
                 
              7. Issue the necessary decisions as may be authorized pursuant to the provisions of the law herein.
                 
              8. Carry out any other assignments entrusted to him by the Board

              .

               

            • Article (16)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The Director General may delegate some of his assignments to the senior managerial employees of the Authority as provided for in the law herein, provided such delegation shall be specific and in writing..

               

            • Article (17)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/12/2007 to 02/01/2021)

               

              The executive body of the Authority shall be composed of the employees appointed or contracted according to the regulations issued pursuant to the provisions of the law herein.

               

            • Article (18)

              The Authority shall charge annul fees against the supervision and monitoring and any other fees proposed by the Board, provided a resolution therefor shall be issued by the Cabinet.

            • Article (19)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The revenues of the authority shall be comprised of the following resources:

              1. Any monies allotted for the Authority by the Government,
              2. The fees charged by the Authority,
              3. The surpluses of earlier years' budgets,
              4. The bequests, grants, donations, and aids accepted by the Board that in line with the Authority's objectives,
              5. Any other resources approved by the Board.

              .

               

            • Article (20)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The fiscal year of the Authority shall commence on the first day January and end on thirty first day of December each year. However, the first fiscal year shall commence as from date of enforcing the provisions of the law herein and end by the end of December of the following year

               

            • Article (21)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              1. The Authority's funds shall be deemed public properties.
              2. The Authority shall entertain the exemptions and facilities as entertained by the Government Ministries and Directorates.
              3. Auditing of the Authority's accounts shall be taken over by one of those certified accounts auditors enlisted in the register of the operating accounts auditors.

               

            • Article (22)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The Authority shall maintain reserves equal in amount to twice the total expenditures of its annual budget and the surpluses thereof shall be transferred to the State's public treasury.

               

            • Article (23)

              The Board shall issue on a recommendation by the Director General the bylaws, regulations, instructions and decisions pertinent to the insurance operations including:

              1. The Solvency Margin and the Minimum Guarantee Fund, provided the same shall not be less than one third of the Solvency Margin taking the international standards into consideration,
              2. The basis of calculating the Technical Provisions,
              3. The Re-insurance criteria,
              4. The basics of investing the Company’s assets,
              5. Determining the company's assets that meet the accrued insuring obligations.
              6. The accounting policies to be adopted by the company and the requirired forms to prepare reports, financial statements and presentation thereof.
              7. The principles of organizing accounting books and records of each of the companies, Agents, and Brokers and determining the data to be contained in these books and records.
              8. The records which the company shall be obliged to organize and maintain as well as the data and documents shall be made available to the Authority.
              9. The rules of professional practice and code of ethics
              10. Anti-Money laundering and combating terrorism financing in the insurance activities in collaboration with the pertinent bodies.
              11. The rules governing ownership in insurance companies’ capitals, pursuant to the provisions of the Federal Law pertinent to Commercial Companies.

              Article (23) bis (1)

              The Authority may compel those practicing insurance activities of certain types and classes, but not others, and determine the terms, conditions and applicable tariff rates, as well as regulating the rights and obligations of the related parties.

              Article (23) bis (2):

              The Authority may establish funds that have independent legal personality for the purpose of protecting and compensating persons. The Board shall issue a decision to determine how to establish these funds, their objectives, funding, as well as risks covered under these funds, and benefits in case those risks have occurred

              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              The Board shall issue on a recommendation by the director general the instructions pertinent to the insurance operations including:

              1. The solvency margin and the minimum guarantee fund, provided the same shall not be less than one third of the solvency margin taking the international standards into consideration,
              2. The basis of calculating the technical provisions,
              3. The standards of re-insurance,
              4. The basics of investing the rights of the policyholders,
              5. Determining the company's assets that meet the accrued insuring obligations.
              6. The accounting policies to be adopted by the company and the necessary forms needed to prepare reports and financial statements and presentation thereof.
              7. The principles of organizing accounting books and records of each of the companies, agents, and brokers and determine data to be inserted in these books and records.
              8. The records which the company shall be obliged to organize and maintain as well as the data and documents shall be made available to the Authority.
              9. The profession's rules and code of conduct.
              10. Anti-money laundering and terrorism financing in the insurance activities in collaboration with the pertinent bodies.

               

          • Chapter Three Insurance Companies Section One The Insurer

            • Article (24)

              1. Insurance and re-insurance operations in the State may be carried out by any of the following entities which are licensed and registered with the Authority:
                 
                1. A public stock company established in the State.
                2. A branch of a foreign insurance company
                3. An insurance agent
                   
              2. A. The prior approval of the Board shall be obtained before incorporating any insurance company in the State or opening a branch of a foreign insurance company or carrying out the operations of an insurance agent.

                B. The fiscal year of the company shall commence on the first day of January and end on the thirty first day of December each year and as for the first fiscal year it shall commence as from date of incorporation and end on the thirty first day of December of the following year.

              3. Any insurance contract concluded by a company not duly registered according to the provisions of the law herein shall be deemed invalid and the affected party may claim compensation by reason of so invalidation.
              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

               

              1. Insurance and re-insurance operations in the State may be carried out by any of the following entities which are licensed and registered with the Authority:
                 
                1. A public stock company established in the State.
                2. A branch of a foreign insurance company
                3. An insurance agent
                   
              2. A. The prior approval of the Board shall be obtained before incorporating any insurance company in the State or opening a branch of a foreign insurance company or carrying out the operations of an insurance agent.

                B. The fiscal year of the company shall commence on the first day of January and end on the thirty first day of December each year and as for the first fiscal year it shall commence as from date of incorporation and end on the thirty first day of December of the following year.
                 
              3. The capital of an insurance company shall not be less than the minimum limit as determined by the executive regulation of the law herein.
                 
              4. Any insurance contract concluded by a company not duly registered according to the provisions of the law herein shall be deemed invalid and the affected party may claim compensation by reason of so invalidation.

               

            • Article (25)

              1. The company may not combine both Persons and Funds Accumulation Insurance Operations and Property and Liability Insurance Operations.

              2. Exception to what is stipulated in paragraph (1) of the article herein, an existing company licensed to practice the two types of insurance prior to the promulgation of this Law may combine Persons and Funds Accumulation Insurance Operations and Property and Liability Insurance Operations, provided that it will comply to do the following:

              (a) Complete separation between Persons and Funds Accumulation Insurance Operations and Property and Liability Insurance Operations in terms of technical, financial, technological, administrative and legal procedures and the relevant requirements in terms of technical, administrative and financial staff, with the exception of the Director-General of the company.

              (b) Preparation of all reports and financial statements required by the Law herein, the instructions and decisions of the Board on a consolidated total basis, and on the basis of the separation between Persons and Funds Accumulation Insurance Operations and Property and Liability Insurance Operations.

               

              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              1. The company shall not carry out life assurance and funds accumulation operations together with the operations of properties and life liability insurances.

              2. The existing companies engaged in the two types of insurance as provided for in Para (1) of the Article herein shall adjust their situations within five years as from date of enforcing the law herein. However, the said period may be extended by resolution of the Cabinet.

              3. The existing companies engaged in the two types of insurance as provided for in Para (1) of the law herein upon enforcing the provisions of the law herein shall abide by the directives issued by the Board organizing the operations of each of these two types of insurances.

               

            • Article (26)

              1. Properties or possessions in existence inside the State or liabilities resultant thereof shall not be insured with insurance companies outside the State and as well no mediation in insuring these properties, possessions or liabilities except with a company duly registered according to the provisions of the law herein.

              2. The insurer may re-insure inside and outside the State.

            • Article (27)

              Taking the provisions of the law herein into consideration, the company may open branches therefor in the State.

            • Article (28)

              1. Insurance policies concluded in the State shall be written in Arabic and a faithful translation into another language may be attached therewith, and in case of differences over the interpretation of the policy the Arabic text shall prevail.
              2. The policy's articles exempting the company from the liability shall be written in bold letters and different colour and must be acknowledged by the insured.
              3. Insurance policies may be issued electronically, in accordance with the circumstances and conditions established by a decision by the Board.
              4. Exception to paragraph (1) of the article herein, the Director-General may exclude certain insurance policies from the condition of writing them in the Arabic language.

               

              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              Insurance policies concluded in the State shall be written in Arabic and a faithful translation into another language may be attached therewith and in case of differences over the interpretation of the policy the Arabic text shall prevail.

              The policy's articles releasing the company from the liability shall be written in bold letters, different color and endorsed by the insured.

               

            • Article (29)

              The company shall be maintain the number of UAE nationals working therewith as resolved by the Cabinet.

            • Article (30)

              No one shall be a member of the company's Board of Directors, a general manager or an authorized manager therein should he ever been:

              1. Convicted of a crime or a felony of dishonor, distrust or public moral or pronounced bankrupt and never been rehabilitated.

              2. Liable according to the Board's discretion for grief violations of any of the provisions of the law herein or of the companies' law in his capacity as general manager or board member of one of the companies including the liability of causing the company to go for compulsory liquidation.

            • Article (31)

              1. The chairman and the members of the board of directors of the company, its general manager and the authorized manager or whosoever acting on his behalf or any of the company's managers or a senior officer shall not:

              1. Participate in managing other competing insurance company or a similar company thereto,
              2. Compete the company's operations or do any actions or an activity that conflicts with the company's interest,
              3. Carry out the operations of an insurance agent or a broker,
              4. Receive a commission for any of the insurance operations.

              2. Whosoever be in charge of the management of the company or any employee therewith shall not represent any of the shareholders of this company.

            • Article (32)

              Efficiency and experience in insurance operations shall be prerequisites have to be fulfilled by any general manger or authorized manager and the senior officers of the company. The company shall provide the Authority with detailed description thereof implying qualifications and experience of each one as specified in the executive regulations of the law herein.

            • Article (33)

              1. The company shall advise the authority of the names of the members of its board of directors, general manager or the authorized manager or any of the senior staff and whether the position of any one of them vacated. The company shall fill the vacancy within sixty days as from date of vacating the same and notify the Director General of the Authority as so.

              2. The company's Board of Directors shall provide the Authority with copies of the minutes of the Board's meetings and its decisions related to the elections of the company's chairman, his deputy, and the board's members authorized to sign on behalf of the company and their specimen signatures within seven days as from date of issuing these decisions.

              3. Should the chairman and the members of the board of directors lodged their resignations or the Board lost its quorum the board of directors shall form a provisional committee of experienced and specialized individuals, appoint a chairman thereto, a deputy therefor out of its members to take charge of the company's management, invite the general assembly to convene within a period not exceeding three months as from date of the formation of the committee which shall be subject to renewal for a similar period once only by decision of the Board - in order to elect the company's new board of directors. The company shall bear remunerations of the committee as decided by the Board.

            • Article (34)

              The company in implementation of the instructions issued by the Board shall maintain the following:

              1. Solvency margin and the minimum guarantee fund associated with the type of insurance engaged therein.
              2. Technical provisions as estimated at the end of each fiscal year.
              3. The reserves need be maintained inside the State.
            • Article (35)

              The company licensed to carry out insurance operations after the implementation of the provisions of the Law herein shall appoint or approve a registered actuary within a month as from date of granting the license thereto, provided reporting the same to the Director General within a month as from date of appointing or approving the actuary. The companies licensed prior to implementing the provisions of the law herein shall adjust their situation in accordance with the provisions of the Article herein within three months as from date of implementing the provisions of the law herein.

               

              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              The company licensed to carry out life assurance and fund accumulation operations shall appoint or approve a registered actuary within a month as from date of granting the license thereto, provided reporting the same to the Director General within a month as from date of appointing or approving the actuary. The companies licensed prior to implementing the provisions of the law herein shall adjust their situation to make it consistence with the provisions of the Article herein within six months as from date of implementing the provisions of the law herein.

               

            • Article (36)

              1. The company shall provide any data or information requested by the Director General on the company per se or on any company possessively related or associated therewith during the period as determined by the Director General, in addition to any data or information submitted by the company to any other monitoring body and any data or information received by the company from these bodies on time of occurrence.

              2. The company's Board of directors shall invite the Director General to attend the general assembly meetings before at least fifteen days as from date of its convention. The Director General may depute whosoever represents him out of the Authority's employees in this respect.

              3. The Director General may assign one or more of the employees of the Authority to ascertain or verify at suitable times any of the company's transactions, records, or documents. The company shall put any of the aforesaid at the disposal of the so assigned employee and cooperate with him to enable him to fully perform his duties.

              4. The Director General on basis of the verification performed pursuant to the provisions of Para (3) of the Article herein shall appoint experts, consultants, actuaries or accounts auditors to check the company operations, evaluate the situations and file a report thereon. The company shall cooperate with them in a manner that enables them to fully perform their duties. The company shall bear their remunerations as determined by the Director General for each one of them.

              5. The expert, consultants, actuary or the accounts auditor shall not disclose to any body whatsoever any information on the results arrived at according to Para (4) of the Article herein only after obtaining the written approval of the Board.

            • Article (37)

              1. The company shall be obligated to provide the Authority with a detailed report on its operations signed by the chairman of its board of directors, the authorized manager or those authorized to sign on behalf of the company containing company's final annual accounts and all the related detailed information annexed thereto including the annual budget, detailed profit and loss accounts of the two types of insurance in which the company is engaged and of each branch thereform plus the accounts auditor's report within a period not to exceed four months as from the end of the fiscal year. The report shall reach the Authority within at least thirty days period prior to inviting the company's general assembly to convene.

              2. Should the accounts and data provided for in Para (1) of the Article herein proved to be not in agreement with the provisions of the law, and the regulations, rule, directives and decisions issued pursuant thereof the director general shall request the company's board of directors make them corrections in order to obtain the approval thereto before presenting them to the general assembly. The company's board of directors shall not present the same before obtaining such an approval.

              3. Should the company faces unfavorable financial or administrative situations or inflicted grief losses affecting the rights of the insured or the beneficiaries, the company chairman of the board of directors or its general manager shall forthwith inform the director general of the Authority as so.

            • Article (38)

              1. A.The company shall provide the authority with the insurance policies' forms and endorsements they have approved for its operations including the general and special terms and conditions and the technical basis of these policies and the premiums rates annexed thereto and as well shall provide the director general with schedules of the redemption values of the life assurance policies and funds accumulation operations and the premiums rates annexed thereto.

                B. The director general should the public interest require or in case of existence of a genuine imperfection may demand insertion of amendments into these forms within the period he determines for the purpose. The company may oppose the amendment and in case no agreement reached the matter shall be referred to the Board to settle it.
                 
              2. The company shall provide the insured and the beneficiaries with copies of the insurance policies and the related details.
            • Article (39)

              The insurance and re-insurance companies registered with the Authority shall observe the doctrine of disclosure and transparency in their dealing with their patrons and in respect of all the documents, papers, bulletins, advertisements, propaganda and articles and scientific materials of their issue. The Board shall issue a resolution in respect of the matters must be observed in implementation the renderings of the Article herein.

            • Article (40)

              The accounts auditor shall forthwith file a report to the Authority with copy thereof to the company's chairman of the board of directors in any of the following cases:

              A. Should he became evident that the financial situation of the company does not enable it to fulfill its obligations towards the insured or hinders its capacity to meet the financial requirements provided for in the law herein and the regulations, rules, directives and decisions issued pursuant thereto relevant to the financial situation of the company.

              B. Should he became evident that there is grief imperfection in the company's performance of its financial procedures including the process of entering the statements into its accounting records.

              C. Should he refused or have reservations in respect of any certificate issued by the company related to its income or its financial statements.

              D. Should he decided to resign or refused to be reappointment with the company for unusual reasons.

              2. The Director General may ask the accounts auditor to furnish him directly within a specific period with the information needed to monitor the company's operations.

              3. The general assembly of the company, in case the accounts auditor recommended that the financial statements filed thereto by the board of directors not to be approved, may resolve either to:

              1. return the financial statements to the board of directors and demand the budget and profit and loss account be corrected according to the auditor's remarks and deem them approved following the correction, or
                 
              2. refer the matter to the director general to appoint an expertise committee of account auditors, determine their remunerations to be borne by the company, to settle the subject matter of the dispute between the company's board of directors and its accounts auditors. The decision of the committee shall be binding after presenting the same once more to the general assembly for approval. The budget and the profit and loss account shall be amended as decided by the committee.
            • Article (41)

              The Authority shall conduct periodical inspection on the insurance and re¬insurance companies to ensure the soundness of their financial situations, and their compliance with the provisions of the law and the technical basis of carrying out the insurance and re-insurance operations. Should the Director General come to know through such inspection or vide sufficient information that one of the following incidents took place, then he shall ensure soundness of such information:

              1. (a) The company did not fulfil its obligations, or it's likely to fall short in doing so or the company is unable to continue its operations.
              2. (b) The company violated the provisions of the law herein, bylaws, regulations, instructions or the decisions issued pursuant thereto.
              3. (c) The company's procedures needed to reinsure the risks accepted by it are inadequate or the company didn't make these procedures, with the exception of the insurance-related professions.
              4. (d) The company has lost one of the required terms and conditions for licensing or registration to carry out the insurance activity.
              5. (e) The company's total losses exceeded (50%) of its paid-up capital.
              6. (f) The company ceased its operations for more than one year without justifiable cause or legitimate reason.

              2. Should the Director General became evident that the said information is correct he shall ask the company to take certain procedures to rectify its position within the period he shall determine, and in case the company failed to do so, the Director General shall refer the matter to the Board to take the necessary actions to rectify these situations; including:
              (a) Request from the company or the main office of the foreign insurance company, as appropriate, to take the necessary action to correct the administrative situations, including the disqualification of the Director-General, the Authorized Manager or any senior official.

              (b) Disqualification of the Chairman of the Board of Directors or any member of the Board that proves accountability for the current status of the Company.

              (c) Dissolving the Company's Board of Directors and appointing a provisional neutral administrative committee of experienced individuals to take its place and appointing a chairman for the committee and a deputy thereof. The functions and competencies of the committee shall be determined for a period not exceeding six months, extendable for a period not exceeding one year in cases where this is required. The company shall be liable for the fees of the committee as determined by the Authority and upon accomplishment of the committee's mission a new Board of Directors shall be elected in accordance with the provisions of the Commercial Companies Law.

              (d) Taking the necessary action to merge the company into another according to the provisions of the Commercial Companies Law.
              (e) Ceasing or cancelling the company's license.
              (f) Restructuring the company.
              (g) Preventing the company from concluding any more insurance contracts or preventing it from practicing a particular type or types of insurance.
              (h) Setting upper limit for the premiums total amounts received by the company for issuing insurance policies.
              (i) Retaining assets in the State equal in value to the company's total net obligations accrued from its operations in the State or a certain percentage of their value as determined by the Board based on the recommendation of the Director General.
              (j) Restricting the company's involvement in any of its investments activities associated with the solvency margin or compeling it to liquidate its investments in any of these activities to serve this purpose, unless such action would cause damage to the company as decided by the expert specialized in this field.
              (k) Appointing an independent observer member from outside the Authority to attend meetings of the Board of Directors of the company and participate in the discussions without having a vote during taking the decision and the Board shall determine his competencies and fees.
              (l) Liquidating the company.

              3. The provisions stipulated in paragraph (1) and (2) of the article herein shall apply to Insurance Related Professions to the extent appropriate to the nature of these professions.

              Article (41) bis (1):

              1. Subject to the provisions of the Law concerning Offences and Administrative Sanctions in the Federal Government, the Authority has the power to impose administrative fines on insurance companies, reinsurance companies and insurance-related professions.

              2. The Cabinet shall issue a decision to determine the offences for which the fines referred to in paragraph (1) of the article herein shall be imposed.

              Article (41) bis (2):

              1. The Director-General shall designate any expert, consultant, actuary or auditor for the purpose of conducting an inspection or audit.

              2. Inspectors and auditors appointed by the Director General shall be given all necessary authorities to enable them to carry out their duties, including:

              (a) Accessing records, registers, statements and internal audit reports. As well as collecting information and requesting necessary clarifications from the insurance company, reinsurance company, insurance-related profession and the members in respect of the insurance operations they carry out. In addition to obtaining prints or copies of records, registers and statements.

              (b) Collecting the necessary information and clarifications from the members of the group of insurance company or reinsurance company in relation to all records, operations and activities relating to the insurance company.

              (c) Collecting the necessary information and clarifications from any third party that has a relation with the insurance company, reinsurance company or the insurance-related profession concerning the subject matter of auditing.

              Article (41) bis (3):

              Any insurance company, reinsurance company or insurance-related profession, or any of their managers or employees shall not:

              1. Prevent, intercept or obstruct any person appointed by the Director General to carry out inspections or audits pursuant to the law herein.

              2. Conceal any data, registers or books requested by the Director General or the person appointed by him to perform the inspection or auditing duties.

              3. Issue any misleading statements or give any inaccurate data, registers or books.

              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              The Authority shall conduct periodical inspection of the insurance and re-insurance companies to ensure safety of the financial situations, observance of the provisions of the law and the technical basis of conducting the insurance and re-insurance operations. Should the Director General came to know through such inspection or vide sufficient information that one of the following incidents took place he shall ensure soundness of such information:

              1. That the company did not fulfill its obligations or it's likely to fall short in doing so or unable to go on with its operations.
              2. That the company violated the provisions of the law herein, or the regulations, rules, directives or the decision issued pursuant thereto.
              3. That the company's procedures needed to re-insure the risks of its tolerance are inadequate or the company didn't make these procedures.
              4. That the company became devoid of one of the required terms and conditions for licensing or registration to carry out the activity of insurance.
              5. That the company's total losses exceeded 50% of its paid-up capital.
              6. That the company ceased to carry out its operations for more than a year without justified or legitimate reason.

              2. Should the director general became evident that the said information are correct he shall ask the company to take certain procedures to rectify its situations within the period he may determine and should the company failed to do as so, the director general shall refer the matter to the Board to take the necessary actions to rectify these situations; including:

              1. Preventing the company from concluding any more insurance contracts or transacting in certain type or types of insurance.
              2. Setting upper limit for the premiums total amounts received by the company against issuing insurance policies.
              3. Retaining assets in the State equal in value to the company's total net obligations accrued from its operations in the State or to a certain percentage of their value as determined by the Board following a recommendation by the Director General.
              4. Restricting the company's involvement in any of its investments activities associated with the solvency margin or obliging it to liquidate its investments in any of these activities to serve this purpose unless such action would inflect harms on the company as decided by the expert specialized in this respect.
              5. Asking the company or the main office of the foreign insurance company as the case might be to take the necessary actions to rectify the administrative situation therein including removing the Director General, the authorized manager or any of its senior officers away from office.
              6. Removing the Chairman of the company's board of directors or any Board member proved to be liable for the ensuing situation of the company.
              7. Dissolving the company's board of directors, appointing a provisional neutral administrative committee of experienced individuals to take its place and as well appointing a chairman for the committee and a deputy thereof, determining their responsibilities and powers for a period not to exceed six months subject to renewal for a period not more than a year in the cases requiring as so. The company shall bear the fees of the committee as determined by the Authority and upon accomplishment of the committee's mission a new board of directors shall be appointed according to the provisions of the Law of Commercial Companies.
              8. Taking the necessary action to merge the company into another according to the provisions of the Law of Commercial Companies.
              9. Ceasing or canceling the company's license.
              10. Restructuring the company.
              11. Liquidating the company.

               

          • Insurance Companies' Funds

            • Article (42)

              Every insurance company shall deposit into one of the banks operating in the State a deposit to stand as guarantee for fulfilling its obligations amounting:

              1. Dirham four million for the two types of insurances of life assurance and fund accumulation operations provided for in Para (1) of Article (4) of the law herein.
                 
              2. Dirham two million for each branch of insurance enlisted under the two types of insurances of properties and life liabilities provided for in Para (2) & (3) of Article (4) of the law herein, provided the total amount shall not exceed Dirham six million at most regardless of the number of the branches.

              According to a resolution by the Cabinet the deposit as provided for in the preceding two paragraphs may be increased on basis of a recommendation by the Chairman.

              The deposit shall be in the form of money or the equivalent of shares and bonds of companies incorporated in the State or a mortgage of a real-estate located therein, subject to the chairman's consent.

              The deposit shall be deposited into one of the banks licensed in the State in the name of the company and to the order of the chairman in so capacity. As for the real-estate mortgage, an endorsement shall be entered into its registration with the Department assigned for mortgages' registration as an indication for that. The Authority shall be provided by an official certificate as so. The cash returns of the deposit (if any) shall be made for the company's interest. By consent of the Director General the whole deposit or part thereof shall be replaced by any other form of deposit provided for in the Article herein in condition that its value shall not be less than the legal limit of the deposit at the time of replacement.

            • Article (43)

              The deposit shall not be disposed off except by a written permission from the chairman or whosoever authorized by him. The court of jurisdiction or the committee may order seizure of the deposit against the debts accrued from the insurance operations of the company. However, no order shall be given to seize the deposit against other debts.

              The Authority shall request the company to complete the deposit should it become less than the legally determined limit due to decrease in the values of the shares, bonds, or real-estates or impose seizure thereon or on part thereof according to the provisions of the preceding Para or for any other reason. The company shall complete the deposit within a thirty day period at most as from date of the call to complete the deposit.

            • Article (44)

              The bank shall not dispose off the deposit by any form or another except pursuant to a final judicial verdict or by a written permission from the chairman. The pertinent real estate registration bodies as well shall not lift off the endorsement signifying mortgaging of the real-estate kept as a deposit except by a written permission from the chairman or whosoever he authorizes.

            • Article (45)

              The companies engaged in any of the two insurances types provided for in Para (1) of Article (4) shall maintain funds therewith in the State equivalent in their value at least to the total amount of the special mathematical reserve of the contracts concluded inside the State or of those executed therein. The Cabinet on basis of a presentation by the Chairman may decrease percentage of the reserve to be maintained by the company to no less than 50%.

              These funds shall be fully maintained separate from the monies of other insurance operations. However, in calculating the said reserve the deposit provided for in Para (1) of Article (42) of the law herein shall be taken into consideration in such a manner whichever the larger shall weigh up.

            • Article (46)

              The insurance companies operating at the time of implementing the law herein shall be given one year grace period as from date of enforcing the law herein to adjust their situations according to the provisions of Para (1) and (2) of Article (42) of the law herein. The Cabinet on recommendation of the chairman may extend the period for another year.

          • Licensing

            • Article (47)

              1. Incorporation of any insurance company in the State or opening a branch of a foreign insurance company therein shall not be only after obtaining a license from the Authority which shall have the right either to grant it or refuse as may seen fit to the national economy needs provided that the purpose of the company shall be carrying out insurance operations. The executive regulations of the law herein shall determine the documents need be submitted along with the licensing application.

              2. Should licensing be granted on basis of inaccurate information the license shall be cancelled by decision of the director general.

          • Chapter Two Registration of Insurance Companies & Agents

            • Article (48)

              1. Any of the companies provided for in Para (1) of article (24) of the law herein shall not carry out insurance operations only following its inscription in the register according to the provisions of the law herein and the requisites determined by the executive regulation of the law herein.
               

              2. Should the registration been granted on basis of inaccurate information the registration shall be cancelled by decision of the director general.

            • Article (49)

              The company shall not re-insure with another company unless that other company is duly licensed to carry out the type of insurance assigned thereto for re-insurance.

            • Article (50)

              The Board on basis of the director general's presentation may cease the company to carry out certain type or types of the insurances of its practice for a period not exceeding a year and shall notify the company and the pertinent body given the cessation decision in any of the following cases:

              1. Should the company is in violation of the provisions of the law herein and the regulations, rules and directives issued pursuant thereto.
                 
              2. Should the company became devoid of any of the terms needed for the registration according to the provisions of the law herein.
                 
              3. Should the company did not carry out its operations in any of the insurance types listed with those ones requiring registration or ceased operating in such a type to carry out for period of one year.
                 
              4. Should the company failed to fulfill its accrued financial obligations.
                 
              5. Should the company refrained to execute a final judicial verdict related to an insurance contract.
            • Article (51)

              1. Should the company within a period not more than one year as from date of the cessation eliminated the reason led to cease its operations due to any of the cases provided for in Article (50) of the law herein, the Board shall issue on basis of a presentation by the director general a decision approving the company to continue carrying out insurance operations. The decision shall be transmitted to the pertinent body and the company.

              2. Should the company failed to eliminate the reason led to cease its operations within a period of one year at most as from date of the cessation, its license for that type or types of insurances shall be cancelled by decision of the Board. The decision shall be transmitted to the pertinent body and the company.

            • Article (52)

              1. The procedures related to cessation of operations or cancellation of one or more of the insurance types and the powers bestowed upon the director general in this respect shall be determined by virtue of the decisions issued by the Board for the purpose.
               

              2. The following shall result from the decision of ceasing the operations or canceling the license for one or more of the insurance types:
               

              1. The company shall be prohibited from concluding insurance contracts of any of those insurance types subject to the penalties provided for in the law herein.
                 
              2. All rights and obligations accrued from the contracts concluded prior to the cessation of the operations or the cancellation of the license for that or those types of insurance shall be deemed proper and valid and the company shall remain liable therefor.
            • Article (53)

              The company which its registration for one or more types of insurances has been cancelled may file an application to the director general to re-register it within a period not exceeding one year as from date of issuing the cancellation decision attached therewith the documents establishing elimination of the reasons of that the cancellation. The Board shall issue its decision pertaining thereto on basis of a presentation by the director general within a period of two months at most as from date of referring the matter to the Board.006

            • Article (54)

              1. Should the company which its registration for all types of insurance had been cancelled did not file an application for re-registration within the period provided for in Article (53) of the law herein or the Board rejected the application for re-registration, the company shall start procedures of voluntarily liquidation within a month as from the expiry date of such period or from date of notifying the company of the Board's decision and should the company did not conduct these procedures the company shall be liquidated according to the provisions of the law herein.

              2. The registration of the company shall be deemed canceled should a non-compulsory liquidation decision been issued or a final judiciary verdict of compulsory liquidation been pronounced thereon or been declared bankrupt.

          • Chapter Three Branches of Foreign Insurance Companies

            • Article (55)

              1. Branches of foreign insurance companies shall be obliged before getting registered to appoint an authorized manager for the branch to carry out insurance operations on their behalf and they shall be responsible for his actions provided attaching along with the appointment decision an official documents and an attested copy thereof in order to be deposited with the Authority authorizing him to exercise all necessary powers to manage the branch including the acts of:

              1. Issuing insurance policies, making endorsements and paying the accrued indemnities.
              2. Representing the company before the Authority, the courts of jurisdictions, and all official and non-official bodies in connection with the branch's operations and management.
              3. Receiving of warnings and all notices and correspondences intended to the company.

              2. The branches of the foreign insurance companies shall be obliged to notify the director general of the name of the so authorized manager within a month as form date of his appointment and shall appoint a replacement thereto within a month as from date of vacating his position.

              3. The branches of the foreign insurance companies shall publish the company's consolidated final accounts in two widely circulated local daily newspapers issued in Arabic and in one local daily newspaper issued in English.

          • Representative Offices of Foreign Insurance Companies

            • Article (56)

              1. Representative offices of the foreign insurance companies shall not carry on their tasks in the State before obtaining a license for the purpose from the Authority.
               

              2. The Authority shall issue a decision to organize the tasks of these offices.
               

              3. The licensing applications may be approved or rejected by decision of the Board and the decision shall be notified to the relevant bodies.

          • Chapter Four Special Provisions related to the Companies of Life assurance and Funds Accumulation Operations

            • Article (57)

              Companies engaged in any of the two types of insurances provided for in Para (1) of Article (4) of the law herein shall not discriminate between a policy and another of the same type in respect of insurance premiums or profit amounts allocated to the shareholders or the like of other stipulations unless such discrimination is a result of life expectancy variations in those policies which life span has an effect therein, with exception of:

              1. Re-insurance policies.
                 
              2. Insurance policies in amounts with certain discounts according to the premium rates' schedules communicated to the Authority.
                 
              3. Insurance policies with special terms covering the life of the members of one-family or group of people professionally or occupationally related or having any other social relation.
            • Article (58)

              The director general may license the company upon its own request to issue policies at premiums discounted than the usual should there are justifiable reasons.

            • Article (59)

              Companies engaged in either of the two types of the insurances provided for in Para (1) of Article (4) of the law herein shall examine the financial status of the related type and assess the outstanding obligations related thereto at least once every three years by an actuary.

              Such assessment shall include all insurance operations concluded by the company inside and outside the State one-by-one and should the activity been conducted by a branch, the assessment shall be confined to the operations which their contracts been concluded inside the State or executable therein.

            • Article (60)

              The assessment mentioned in Article (59) of the law herein shall be conducted whenever the company intended to examine its financial status in order to determine percentage of profits to be allocated to the shareholders or policyholders or whenever it intended to make such status public.

              The Authority may demand such assessment be conducted at any time before the lapse of three years provided the lapse of one year at least as from date of conducting the latest assessment.

            • Article (61)

              The executive regulation of the law herein shall determine statements should be incorporated in the expert's report in respect to the findings of the examination and the assessment referred to in Articles (59) & (60) of the law herein.

            • Article (62)

              The company shall send the Authority a copy of the expert's report on the findings of the examination and the assessment referred to in Articles (59) & (60) of the law herein within six months as from the expiry of the period for which the examination was conducted accompanied with the following:

              1. A statement of the insurance policies still in effect concluded by the company inside or outside the State on the date of conducting the examination and should such an activity been carried out by a branch of a foreign company the statement shall include only those policies concluded inside the State or those ones executable therein.
                 
              2. A declaration by those responsible for managing the company in witness that all statements and information required to get an exact report have been put under the disposal of the expert.

              By decision of the director general following the lapse of the six months provided for in the Article herein an extension of time may be given to the company to file the said report provided such period shall not exceed three months.

            • Article (63)

              Should the Authority became evident that the expert's report did not reflect the reality of the financial status of the company the Authority may order a re-examination thereof on the company's own expenses by an actuary to be elected by the Authority for the purpose.

            • Article (64)

              The companies engaged in life assurance and funds accumulation operations shall not deduct whether directly or indirectly any part of the funds intended to meet their obligations accrued from the insurance policies in order to allocate as profits for the shareholders or the policyholders or to pay any amount other than their obligations according to the insurance policies they have issued. Allocation of profits shall be restricted to the surplus funds as determined by the expert in his report after conducting the examination referred to in Article (59) of the law herein.

              In implementing the provisions of the Article herein the company's funds inside and outside the State shall be deemed without prejudice to the provisions of Article (34) of the law herein as one unit.

            • Article (65)

              The companies engaged in life assurance and funds accumulation operations shall not issue saving bonds for a period exceeding thirty years and should the bond of a duration of twenty five years or more the surrender value after the twenty fifth year shall not be less than the full amount of the mathematical reserve and the premiums undertaken by the bearer of the saving bonds shall be of equal amounts or receding.

            • Article (66)

              The saving bonds shall include therein invalidation articles to be used by the company as an argument in face of the bearer to invalidate the bond for delaying payment of the premium.

              The contract, however, shall not be invalidated before lapse of three months as from the due date of the premium and should the bond being nominal such period shall not become effective only as from date of serving a notice on the bearer of the bond by a registered letter.

              Also, it shall be specified in these bonds that the right therein shall pass to the beneficiaries by reason of the death of the bearer of the bond without paying any additional monies or imposing any further provisos.

              By decision of the Board based on a recommendation of the director general other statements need be included in the saving bond may be specified.

            • Article (67)

              In case the company engaged in life assurance and funds accumulation operations gone bankrupt or in case of liquidation the due amounts of each holder of a policy with unexpired durtion shall be estimated to equate the mathematical reserve thereto in the day of announcing the bankruptcy verdict or the liquidation decision calculated according to the technical basis of the premiums' tariff at the time of concluding the policy.

          • Chapter Five Insurance & Re-Insurance Companies Operating in the Free Zones in the State

            • Article (68)

              Insurance companies licensed to operate in the free zones shall not carry on any activity outside these zones other than the activity of re-insurance.

          • Chapter Six Insurance Agent

            • Article (69)

              1. The provisions relevant to the regulation of the insurance agent's operations and the accrued liabilities thereupon shall be determined pursuant to decisions or directives to be issued by the Board for the purpose.

              2. No body shall carry out the operations of an insurance agent only after providing the director general with the agreement he concluded with the company stated therein him being authorized as agent therefor. However, the agent shall not act as an agent for more than one company. He shall fulfill the terms and conditions provided for in Article (30) of the law herein.

          • Chapter Seven Insurance Brokers, Appraisal & Loss Adjusters, Insurance Consultants & Actuaries

            • Article (70)

              No body shall carry out operations of an insurance broker, a re-insurance broker, an appraisal and loss adjuster, an insurance consultant, or an actuary only after entering his registration in the register prescribed for the purpose according to the terms and conditions as determined by the Board pursuant to the rules issued for the purpose provided including therein the provisions determining his responsibility, organizing his operations and requisites of his registration. However, he shall fulfill the provisos provided for in Article (30) of the law herein.

          • Chapter Eight Reassignment of Insurance Policies & Cessation of Operations

            • Article (71)

              The company may reassign the insurance policies it concluded inside the State, including the rights and obligations associated with any type of the insurances engaged therein, to another company or other companies engaged in the same type of insurance.

            • Article (72)

              1. The reassignment application shall be placed to the director general attached therewith the instruments and documents establishing the agreement on the reassignment. The director general shall give directions to publish a notice about the reassignment in the Gazette just once, in two widely circulated local daily newspapers issued in Arabic and in one local daily newspaper issued in English for two consecutive times, on the applicant own expenses provided that the notice shall include reference to the right of the policyholders and the beneficiaries thereof or whosoever interested therein to raise to the director general an objection to the reassignment within forty five days as from date of the latest notice specified therein the subject matter of the objection and the sustaining reasons.

              2. The director general shall issue a decision approving the reassignment should those concerned parties raised no objection within the period referred to in Para (1) of the Article herein. The decision shall be published in the Gazette within a month as from date of its issue and shall be used as an argument in face of the insured, the beneficiaries and the company's debtors. The funds of the company shall be relocated to the company which the policies have been reassigned, taking into accounts the provisions related to conveyance and reassignment of funds. The reassigned funds shall be exempted from registration and safekeeping fees imposed according to laws of conveyance and reassignment of funds.

              However, should any objection been raised during the said period, the reassignment application shall not be finalized only after the concerned parties reached an agreement or a final verdict been pronounced in the subject matter of the objection.

              Nonetheless, the director general may issue a decision approving the reassignment provided the company paying an amount equivalent to its obligations towards the objector including the expenditures may be needed to maintain any of the company's assets.

            • Article (73)

              The provisions of Articles (71) & (72) of the law herein shall be applied should any company ceased operating in certain type or types of the insurances or intended to release its monies need be maintained inside the State for such type or these types of insurances following the company submission of an evidence establishing fulfillment of its obligations towards all policies concluded inside the State or towards those executable therein of the type or types which the company decided to cease operating therein or reassigned these policies to another company in the manner as stated in Article (71) & (72) of the law herein.

          • Chapter Nine Merger, Acquisition, Restructuring and Liquidation of Companies

            • Article (74)

              1. The special provisions on merger stated in the commercial companies' law shall be applied to mergers of insurance companies.

              2. No merger of an insurance company except into another insurance company operating in the same type of insurance and no procedures for merger shall be initiated except after filing an application for merger to the director general attached therewith the necessary reports and statements and obtaining the approval of the Board.

            • Article (75)

              1. The director general shall form an assessment committee participating therein one representative of each company, the accounts auditors thereof, as well as experts and specialist. The director general shall appoint one of them as chairman of the committee.

              2. The committee provided for in Para (1) of the Article herein shall assume assessment of all assets, rights and obligations of the companies intending merger in order to indicate the shareholders' net rights on the date set for the merger. The committee shall file its report to the director general along with the company's statement of accounts produced as a result of the merger within a period not to exceed ninety days as from date of referring the matter thereto. The Board on recommendation of the director general may extend such period for a similar period in case of necessity, provided the companies intending merger shall equally bear remunerations of the assessment committee and in case of difference thereat these remunerations shall be determined by decision of the director general. However, director general's decision in this respect shall be final.

              3. The director general shall file the committee's report to the Board along with his recommendations and should the Board approve the committee's report, the Board shall form an executive committee composed of the chairmen and Board members of the companies intending the merger and the companies' auditors to handle the excutionary procedures of merger according to the provisions of the commercial companies' law.

            • Article (76)

              1. The companies, the parties of the merger, shall let the insured review the agreement on which the merger has been accomplished in order to verify its articles. The agreement shall be displayed at the main office of each one of these companies for fifteen days as from date of publishing the decision of merger in the Gazette.

              2. Any interested party shall have the right to raise an objection before the Board within thirty days as from date of publishing the decision of merger, provided the objector shall indicate the subject matter of his objection, the sustaining reasons thereto and specifically state the damages alleged to be inflicted due to merger. Should the Board failed to settle the objection for any reason within thirty days as from date of referring the same thereto the objector shall have the right to recourse to the court of jurisdiction. However, these objections or claims filed with the court shall not cease the decision of merger unless the court orders otherwise.

              3. The Board shall issue the instructions relevant to the procedures of merger and settlement of objections raised thereto in this respect and all the matters related thereto.

            • Article (77)

              1. A. For the purposes of restructuring the company according to Para (2.J.) of Article (41) of the law herein the Board on basis of a presentation by the director general may dissolve the company's board of directors and form a neutral committee to restructure the company composed of experienced and specialized individuals and appoint a chairman for the committee and a deputy thereto for a period not to exceed a year as from date of issuing a decision thereto. The fees of the committee as determined by the Board shall be borne by the company. The committee shall file a monthly report to the director general on the progress of the restructuring procedures or whenever so requested.

                B. The process of restructuring shall include for the purpose, managing the company and organizing the staggering financial affairs through negotiations with all its debtors in order to determine means to settle debts of the company by approving a restructuring plan.

              2. The committee provided for in Para (1.A.) of the Article herein shall publish a notice once in the Gazette and for three consecutive working days in two widely circulated local daily newspapers issued in Arabic and in a local daily newspaper issued in English; all at the company's own expenses. The notice shall include calling all the creditors to file statements of their debts supported with confirmatory documents within a period not exceeding thirty days as from date of publishing the latest notice. However, any statements filed by any creditor upon lapse of such period shall not be considered.

            • Article (78)

              1. Irrespective of the provisions stated in any other legislation, the execution of any levy whether precautionary or executionary on the company's funds or assets or any action or execution on these funds or assets shall stay as from date of issuing the decision of the restructuring pending occurrence of any of the following cases:

              1. The period provided for in Para 1.A. of Article (77) of the law herein lapsed in case the restructuring plan has been approved.
              2. The Board issued a decision according to the provisions of the law herein rejecting the restructuring plan.
              3. The creditors rejected the restructuring plan according to the provisions of the law herein.
              4. The Board issued a decision bringing the restructuring procedures to halt according to the provisions of the law herein.

              2. Computing of the time limit to deny hearing of legal proceedings by reason of time-lapse shall cease in connection with the procedures provided for in Para (1) of the Article herein.

            • Article (79)

              1. The committee shall prepare its report on the restructuring plan within a period not exceeding fifteen days as from date of substantiating the debts therewith and call the creditors to approve the plan by publishing a notice in two widely circulated local daily newspapers issued in Arabic and in a local daily newspaper issued in English, provided the same be approved by creditors representing no less than three quarters of the non-preferred and non-mortgage warranted debts.

              2. A. in case the creditors approved the plan according to the provisions of Para (1) of the Article herein, the committee shall present the plan to the general manger whose in turn shall refer it to the Board along with his recommendations.

              B. In case the creditors rejected the plan prepared according to the provisions of Para (1) of the Article herein, the committee shall file a report thereon to the director general who shall refer it along with his recommendations to the Board to take the necessary action according to the provisions of Para (2) of Article (41) of the law herein.

              3. The Board may approve or disapprove the plan presented according to Para (1) of the Article herein; in case of approval the procedures of restructuring shall proceed and in case of disapproval the Board shall decide about the suitable procedure to be taken according to the provisions of Para (2) of Article (41) of the law herein.

              4. Following the accomplishment of the restructuring a new board of directors shall be elected according to the provisions of the commercial companies' law.

            • Article (80)

              1. Should the Board became evident that the situations of the company are staggering still despite applying the restructuring plan or the restructuring is ineffective, the Board may decide to cease the restructuring procedures and take the suitable procedures according to the provisions of Para (2) of Article (41) of the law herein.

              2. The Board on basis of a presentation by the director general may issue the necessary directives to repeat the restructuring and all the matters related thereto according to the provisions of the law herein.

          • Chapter Ten Liquidation of the Company

            • Article (81)

              1. The provisions stated in the law herein, the rules and decisions issued pursuant thereto shall apply in case of liquidating the company. The liquidation shall be conducted by one liquidator or more to be appointed by the general assembly by the ordinary majority whereby the company's decisions are being issued.

              Should the liquidation been on basis of a verdict, the Court shall specify method of liquidation and appoint the liquidator.

              The decision of appointing the liquidator shall be determined therein his fees and powers coupled with commitment him to submit a guarantee should the matter necessitated. Should the liquidator's fees are not determined in the appointing decision the fees shall be determined by the court of jurisdiction.

              2. The decision of appointing the liquidator shall be announced by insertion in the trade register and publishing in two widely circulated local daily newspapers issued in Arabic and a local daily newspaper issued in English within a week period at most as from date of the announcement. However, such an appointment shall not be used as an argument in face of the others except as from date of the announcement.

              3. The powers of the board of directors shall end when the company starts the liquidation phase. However, the entities of the company shall remain in existence during the period of liquidation, provided their powers shall be confined to the liquidation operations that fall within the domain of the liquidators.

            • Article (82)

              1. Any interested party shall have the right to appeal against the decision issued by the company's general assembly appointing the liquidator before the court of jurisdiction within forty days as from date of entering the decision in the trade register.
               

              2. The appeal made according to Para (1) of the Article herein shall not cease the liquidation procedures unless the court decides otherwise.

            • Article (83)

              The liquidator shall be dismissed in the same manner of his appointment. Any decision or verdict to dismiss the liquidator shall include appointing whosoever will take his replace. The dismissal of the liquidator shall be announced by entrance in the trade register and publishing in two widely circulated local daily newspapers issued in Arabic and a local daily newspaper issued in English. Such dismissal shall not be used as an argument in face of the others except as from date of the announcement.

            • Article (84)

              The following shall result from the decision of liquidation:

              1. The liquidator will add the expression "under liquidation" to the name of the company on all its papers and correspondences.
                 
              2.  Cessation of any signing authorization or powers issued by any body in the company. The liquidator shall solely be qualified to grant any signing authorization or powers required for the procedures of liquidation.
                 
              3. Cessation of computing the time-lapse barring hearing of claims of any rights or claims whether exiting or due to the company for a period of one year as from date of issuing the decision of liquidation.
                 
              4. Cessation of the legal proceeding and procedures filed by or against the company for a period of six months unless the court decides to proceed therein before the end of such a period; taking the provisions of Para (5) of the Article herein into consideration.
                 
              5. Cessation of the proceeding of any procedural or excutionary processes against the company except should it be upon request of a mortgagee and related to the mortgaged fund per se, then all these processes shall cease or denied acceptance for a period of six months as from date of issuing the decision of liquidation.
            • Article (85)

              The liquidator may take all the necessary decisions and procedures he may see necessary to accomplish the procedures of liquidation including:

              1. Managing the company's operations to the extent required for the liquidation procedures.
                 
              2. Taking inventory of all assets and chattels of the company in collaboration with the board of directors which shall undertake to deliver the company's funds, books and documents to the liquidator.
                 
              3. Appointing any of the experts and individuals to assist him to accomplish the procedures of liquidation or appointing a special committee and delegate thereto any of the tasks and powers entrusted to him and issuing the necessary decisions to accomplish the procedures of liquidation.
                 
              4. Hiring one lawyer or more to represent the company under liquidation in any of the legal claims or procedures related thereto.
            • Article (86)

              Irrespective of any agreement otherwise, the liquidator may take all the necessary procedures he may see necessary to protect the company's rights including:

              1. Canceling any action, rescinding any agreement concluded by the company or retrieving any amount paid by the company during the three months prior to issuing the decision of liquidation should that constitute preferring certain body over the creditors of the company. The period shall be one year should the company happened to be in possessive relation or associated with that body. The preferentiality shall be deemed realized should the action or the procedure done without indemnity or with partial indemnity or involved assessment of a fund or right in a value other than the real or in a value other than the regular in the market.
              2. Canceling any action or rescinding any agreement concluded by the company with any body possessively related or associated therewith or retrieving any amount paid by the company to either of them during the three months prior to issuing the decision of liquidation.
              3. Concluding an agreement with any of the creditors of the company on the method of paying or installing any amounts or debts accrued therefrom.
              4. Terminating the service of any of the company's employee and paying his dues.
              5. Terminating any contract concluded by the company with any body before it expires.

              2. The liquidator shall take any of the procedures referred to in Para (1) of the Article herein by a written notice to be served on the relevant person. These procedures may be appealed against before the court of first instance where under its jurisdiction the company's main office falls during thirty days as from date of notifying the person.

            • Article (87)

              1. All mortgages and warrantees in connection with any of the funds or rights of the company made before three months as from date of issuing the decision of liquidation shall be deemed null and void. The said period shall be one year should the mortgages and warrantees were in favor of somebody possessively related to the company or associated thereto.

              2. Every decision imposing a levy on any fund or right of the company prior to the issue of the decision of liquidation shall be deemed cancelled unless the decision was issued upon request of mortgagee or related to mortgaged fund.

            • Article (88)

              For the purposes of the Article (86) & (87) of the law herein an individual shall be deemed associated with the company in any of the two cases:

              1. Should the individual being an administrator in the company or having joint business interest with an administrator therein.
                 
              2. Should the individual being a spouse of an administrator in the company or a relative up to the third degree of that administrator or spouse thereof or having joint business interest with any one of them.
            • Article (89)

              Taking the provisions of the legislations prevailing in the State into consideration, the liquidator may fulfill the company due debts and sell its properties whether in form of chattels or real-estate in public auction or by any other mean unless specified in his appointment letter that sales to be conducted in particular manner. However, the liquidator shall not sell the company's possessions in one lot except by permission of the general assembly.

            • Article (90)

              1. Taking into consideration the provisions relevant to the insured and the beneficiaries of the insurance policies, the liquidator shall publish within thirty days as from date of issuing the decision of liquidation a notice in a clearly visible space in two widely circulated daily local newspapers issued in Arabic and in a daily local newspaper issued in English advising the creditors of the necessity of presenting their claims against the company whether being due or not within two months should they are residing inside the State and three months should they are residing outside it.

              2. The notice shall be republished in the same manner immediately after lapse of fourteen days as from date of publishing the first notice. The time-lapse period of the claims shall be computed as from date of publishing the first notice.

              3. Should the liquidator or the court of jurisdiction became convinced that there is a legitimate excuse for the creditor failure to present his claim during the period specified in Para (1) of the Article herein such period shall be extended for another three month at most.

              4. The period as from date of issuing the decision of liquidation up to date of publishing the first notice mentioned in Para (1) of the Article herein shall not be computed within the period determined to bar hearing of the creditors' claims of any rights or claims towards the company under liquidation.

            • Article (91)

              1. Taking Para (2) of the Article herein into consideration, the liquidator shall issue, within three months as from date of issuing the decision of liquidation, the notices indicated here below unless there are justifying reasons to go beyond this period, provided the whole period shall not exceed six months:

              1. Notice with an acknowledgment receipt to each of the insured or the beneficiary of the insurance policy indicating extent of his rights and obligations.
              2. Claim notice with an acknowledgment receipt to each debtor indicating amount of debts and obligations owed to the company.

              2. An objection against the notice mentioned in Para (1) of the Article herein may be placed to the liquidator within thirty days as from date of serving the notice on the intended party and should no objection been placed during the period, the insured or the beneficiary shall be deemed to have recognized the contents of the notice.

              3. The period determined to hear the claim filed pursuant to the provisions of Para (2) of the Article herein shall cease.

              4. Should the claim's notice issued by the liquidator to the debtor according to the provisions of Para (1.B.) of the Article herein became final and decisive the liquidator may make settlement with the debtor or use the notice against him by virtue of the provisions of the prevailing laws.

            • Article (92)

              1. A. The liquidator shall issue his decisions in respect of the claims and objections submitted to him according to the provisions of Articles (91) & (92) of the law herein within a period not to exceed six months as from date of submission.

              B. should the liquidator didn't issue his decision within the period specified in Sec. (A) of the Para herein the claims and objections shall be deemed legally rejected.

              2. Any interested party may file an objection before the court of first instance where under its jurisdiction the company's main office falls against the decision issued by the liquidator according to the provisions of Para (1) of the Article herein within thirty days as from date of notifying the intended party of the decision or within thirty days as from lapse of the six months period referred to in Sec. (1.A) of the Article herein whichever is shorter.

            • Article (93)

              Irrespective of any other legislation the liquidator may file a petition to the competent court of first instance to impose a precautionary levy on any funds belonging to the company's debtors or take any precautionary or urgent measures against them according to the provisions of the prevailing legislations taking the following into account:

              1. The liquidator shall be exempted from attaching a guarantee with his petition.
                 
              2. The liquidator has served a claim notice on the debtor when he filed the petition referred to herein or will serve the same within the eight days following the issue of the decision. Such notice shall stand in place of the subjective claim need be filed according to the provisions of the Civil Procedures Law.
            • Article (94)

              1. No creditor, debtor, insured, or beneficiary shall be entitled to file a claim against the company under liquidation after issuing the decision of liquidation except according to the principles and procedures provided for in the law herein.

              2. Taking the provisions of Para (1) of the Article herein into consideration anybody inflicted harms due the liquidator actions or procedures may file according to the prevailing laws an objection before the court of first instance where under its jurisdiction the company's main office falls. The court may uphold, nullify, or amend these actions and procedures.

            • Article (95)

              Exception to the legislation in force in the State, the due debts and obligations of the company subject to liquidation shall be paid according to the following order:
              1. The due entitlements of the staff and employees for the last four months.
              2. The liquidator’s fees, costs, expenditures and the loans he obtained.
              3. The rights of insured and beneficiaries of insurance policies. The liquidator shall be obliged to allot the company's assets that represent the technical provisions required to be retained in accordance with the provisions of the law herein to pay these liabilities and any amounts acquired by the company according to any arrangements of reinsurance shall be deemed part of the technical provisions.
              4. The rights of the other debtors by order of preferences according to the laws in force.
              5. The rights of the shareholders.

               

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              Irrespective of the provisions of any other legislation the company's due debts and obligations shall be paid according to the following order:

              1. The due entitlements of the staff and employees for the last four months.
                 
              2. The costs and expenditures borne by the liquidator and the loans he obtained.
                 
              3. The rights of the insured and beneficiaries of the insurance policies. The liquidator shall be obligated to allot the company's assets that represent the technical provisions required to be maintained according to the provisions of the law herein to pay these obligations and any monies acquired by the company according to any arrangements of re-insurance shall be deemed part of the technical provisions.
                 
              4. The rights of the other debtors by order of preferences according to the prevailing laws.
                 
              5. The rights of the shareholders.

               

            • Article (96)

              1. The liquidator shall submit to the general assembly every six months a provisional account of the liquidation course of action and disclose any information or details required by the partners about the liquidation's state of affairs. He shall accomplish his mission within the period specified in his appointment letter and should no period been specified any partner may file the matter to the court of jurisdiction to determine a period for the liquidation.

              2. The liquidation's period shall not be extended except by decision of the general assembly after considering the report of the liquidator indicated therein the reasons that hindered accomplishing the liquidation on time. Should the period of liquidation been determined by the court the same shall not be extended save by its permission.

            • Article (97)

              1. The liquidator shall submit upon accomplishing the liquidation a final account to the general assembly about the processes of liquidation. The liquidation processes shall end upon approving the final account.

              2. The liquidator shall declare the liquidation accomplished in the trade register and publish an announcement in two widely circulated local daily newspapers issued in Arabic and in one local daily newspaper issued in English and that shall not be used as an argument in face of the others only as from date of such an announcement. The liquidator following the accomplishment of the liquidation shall file an application to write the company off the register.

            • Article (98)

              1. A. Serving any notice or decision issued by the liquidator according to the law herein to the intended person shall be made by handing the same to him personally or to whosoever legally represent him or by posting it with an acknowledgement receipt to his last address as maintained by the company under liquidation.

              B. Each notice sent pursuant to the Article herein shall be deemed duly handed to the consignee should that person refused to receive it.

              2. Should it became difficult to serve the notice according to the provisions of Para (1) of the Article herein the liquidator shall serve the notice by publishing it in two of widely circulated local daily newspapers issued in Arabic and in one local daily newspaper issued in English at least twice. The publishing fees shall be on the intended person own expenses and such publishing shall be deemed legal notice in all aspects.

          • Chapter Eleven Emirate Insurance Society

            • Article (99)

              1. The insurance companies, reinsurance companies and insurance-related professions subject to the provisions of the law herein shall establish a professional association to be called "Emirates Insurance Association" that shall have a legal personality and all the insurance companies operating in the State shall be members of the Association. The Association shall form independent committees for the different insurance activities carried out by the members.

              2. The Association shall prepare Articles of Association issued by the Chairman after the Board’s approval under which it shall determine the Association's functions, duties, its relation with the Authority, formation of its committees for different insurance activities, provisions and procedures of its general assembly, formation of its Board of Directors, meetings of each one of them, affiliation fees, annual subscription fees, code of conduct, disciplinary procedures against the members and other related affairs.

               

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              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              1. The insurance and re-insurance companies subject to the provisions of the law herein may establish a trade union to be called "Emirate Insurance Association" entertaining the status of a legal person and all the insurance companies operating in the State shall be members of the Association.

              2. The Association shall look after the interests of the holders of the insurance policies and the beneficiaries thereof as well as the interests of its members and shall implement the rules of professional conduct and represent the insurance companies before any entity or individual in connection with the insurance operations.

              3. The Association upon getting the Authority's approval shall issue a special regulation to determine pursuant thereto the Association's duties, responsibilities, its relation with the Authority, the rules and procedures of its general assembly, formation of the board of directors, meetings of each one of them, affiliation fees, annual subscription fees, rules of professional conduct, the disciplinary procedures of the members and other related affairs.

               

          • Chapter Four Penalties

            • Article (101)

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              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              A fine of no less than fifty thousand Dirhams and no more than two hundred fifty Dirhams shall be imposed on anybody who violated the provisions of Paras (1), (2), (3), (4), (5), (6), (9) and (10) of Article (23), Article (34) and Paras (1) and (5) of Article (36), and Article (37), and Article (40) and Article (116) of the law herein.

              The same penalty shall be imposed on the liquidator who violated any of the obligations ordained on him according to the provisions of the law herein, and the regulations, rules, and directives issued pursuant thereto. The fine shall be doubled in case of repeating the violation.

               

            • Article (102)

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              A fine of no less than a hundred thousand Dirhams and no more than two hundred Dirhams shall be imposed on anybody who violated the provisions of Article (30), Article (35), Article (59), Article (64), Article (66), Article (73), and Para (2) of Article (74), Para (1) of Article (76), and Para (2) of Article (117), of the law herein.

              The same fine as well shall be imposed on anybody who refused to provide the Authority with the documents, information, and statements need be submitted according to the provisions of the law herein, the regulations, rules, and directives issued pursuant thereto or obstructed or hindered the Director General or whosoever he authorized to execute his duties and powers stated in the provisions of the law herein, the regulations, rules, and directives issued pursuant thereto or interfered to prohibit them to obtain the information needed to execute their duties or abstained from providing them with these information or fallen short to provide them therewith within the limited period. The fine shall be doubled in case of repeating the violation.

               

            • Article (103)

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              A fine of no less than twenty five thousand Dirhams and no more than fifty thousand Dirhams shall be imposed on anybody who violated the provisions of Article (31), Article (60), Article (62), and Article (65) of the law herein.

               

            • Article (104)

              This article has been cancelled pursuant to the Federal Law No. (03) of 2018. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              A fine of no less than five thousand Dirhams and no more than fifty thousand Dirhams shall be imposed on anybody who violated the provisions of Para (7) & Para (8) of Article (23), Article (33), Article (39), and Article (55) of the law herein.

               

            • Article (105)

              This article has been cancelled pursuant to the Federal Law No. (03) of 2018. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              A fine of no less than five thousand Dirhams and no more than fifty thousand Dirhams shall be imposed on anybody who violated the provisions of Para (7) & Para (8) of Article (23), Article (33), Article (39), and Article (55) of the law herein.

               

            • Article (106)

              This article has been cancelled pursuant to the Federal Law No. (03) of 2018. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              A fine of no less than five thousand Dirhams and no more than ten thousand Dirhams shall be imposed on anybody who violated any other provisions of the law herein.

               

            • Article (107)

              This article has been cancelled pursuant to the Federal Law No. (03) of 2018. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              The penalties stated in the law herein shall be doubled in case of recurrence and as well the court in such case may write off the company.

               

            • Article (108)

              This article has been cancelled pursuant to the Federal Law No. (03) of 2018.
              This article has been cancelled pursuant to the Federal Law No. (03) of 2018. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              The crimes stated in the law herein shall be punishable by the penalties indicated therein without prejudice to any other harder penalties provided for in any other law.

               

            • Article (109)

              The Minister of Justice in collaboration with the Minister shall issue a decision to assign the Authority's employees who shall have the capacity of law enforcement officers in the field of implementing the provisions of the law herein.

          • Chapter Five General Provisions

            • Article (110)

              1. The insurance company shall manage insurance claims in accordance with the legislation in force and the provisions of the insurance policies, pursuant to the following procedures:

              (a) Issuing a decision concerning any insurance claim in accordance with the instructions of professionals rules and code of conduct and ethics.

              (b) In case any insurance claim is fully or partially denied, the Company must clarify the reasons for its decision in writing.

              (c) In case of a dispute in relation to a claim, the concerned person may submit a written complaint to the Authority, which in turn may request clarification from the Company.

              (d) In case the complainant has objection on the clarifications provided by the company, he may request that the dispute be referred to the Committee established pursuant to article No. (110).

              2. One or more committees that will be concerned with resolving the disputes arising out of insurance contracts, operations and services shall be formed. The committee (s) shall have the competency to request any official papers or documents and to counsel experts, as well as hearing of witnesses and any other alternatives that need to be used to resolve the disputes before them.

              3. Cases resulting from the disputes arising out of insurance contracts, operations and services shall not be accepted, if such disputes are not brought before the committees established in accordance with the provisions of paragraph No. (2) of the article herein.

              4.The concerned party shall have the right to appeal against the decisions of the committees before the competent first instance court within thirty days of the day following their notification of the decision, otherwise the decision shall be deemed final and enforceable.

              5. The Board shall issue the necessary decisions concerning the composition of the committees established in accordance with the provisions of paragraph No. (2) of the article herein, their competencies, powers, their work system, fees of its members and hired experts, types and classes of insurance for which insurance disputes are resolved before these committees, and other related matters.

               

              This article has been amended by Federal Law No. (03) of 2018. You are on the latest version. To view the previous version, click the version box below.
              Version 1(effective from 15/02/2007 to 26/04/2018)

               

              The company shall make clarifications about the complaints received by the authority from the policyholders, the beneficiaries thereof and others pertaining to the insurance operations conducted by the company inside the State.

               

            • Article (111)

              The companies in existence upon enforcing the provisions of the law herein shall be obliged to adjust their situations according to the provisions thereof and the regulations and directives issued pursuant thereto within the period determined by the Board, provided such period shall not exceed two years as from date of implementing the provisions of the law herein.

            • Article (112)

              Should the company failed to adjust its situations according to the provisions of article (111) of the law herein its registration shall be cancelled by decision of the Board.

            • Article (113)

              Any natural person carrying out operations of insurance agent, insurance broker, loss and damage adjuster, insurance consultant or actuary shall be obligated upon enforcing the provisions of the law herein to adjust his situation according to the provisions thereof and according to the regulations and rules pursuant thereto within the period determined by the Board, provided such period shall not exceed a year as from date of implementing the provisions of the law herein, otherwise his registration or license as might be the case shall be deemed lawfully cancelled and shall be prohibited from carrying out the operations of insurance subject to punishment according to law.

            • Article (114)

              1. Irrespective of what has been mentioned in any other legislation electronic data or printouts of the computers, correspondences generated by telex, fax, and e-mail shall be deemed suitable as proof of evidence should the legislative regulations relevant thereto been adhered to.

              2. The companies may keep for the period determined by law microcopies (microfilm or other device of modern technology) instead of the original books, records, lists, documents, correspondences, telegrams, notices and other papers related to its financial operations. These microcopies copies shall have similar supremacy as proof of evidence according to the legislative regulations which a decision issued therefor.

              3. The companies which are using in organizing its financial operations computers or other modern technological devices shall be exempted from organizing the commercial books needed according to the Commercial Transactions Law. Statements extracted from these devices or from other modern technological devices shall be deemed same as those statements extracted from the commercial books, provided compliance of the insurance companies with the established legislative regulations in this respect.

            • Article (115)

              All ministries, government directorates, public enterprises, and companies therein the government is having stakes which benefit from the insurance operations shall be required to present any statements or information related to the insurance operations they concluded as may be requested by the Director General within the period he determined.

            • Article (116)

              The insurance agent, broker, re-insurance broker, the actuary, the loss and damage adjusters, and the insurance consultant subject to the provisions of the law herein shall be obligated to present any statements or information as may requested by the Director General within the period he determined.

            • Article (117)

              1. The Director General shall notify the concerned bodies or the pertinent authorities as might be the case of the decisions related thereto issued by the Board or by him personally.

              2. The Director General shall publish the decisions related to the registration's suspension, cancellation, or restoration or the decisions related to companies' merger, acquisition, restructuring, liquidation, or termination in the Gazette, in two widely circulated local daily newspapers issued in Arabic and in one newspaper issued in English on the company's own expenses.

            • Article (118)

              The provisions of the Law of Commercial Companies shall not apply to the insurance operations only to the extent the provisions thereto do not contradict the provisions of the law herein, and the regulations, rules, directives, and decisions issued pursuant thereto.

            • Article (119)

              This article has been cancelled pursuant to the Decretal Federal Law No. (25) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              1. The Cabinet shall issue the following regulations needed to implement the provisions of the law herein:

              1. Fees charged pursuant thereto.
              2. Minimum amount of the company's capital.
              3. The Authority's human resources regulations.

              2. The Board shall issue regulations, rules and directives necessary to implement the provisions of the law herein.

               

            • Article (120)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The employees whom the Minister decided to transfer from the Ministry shall be transferred to the Authority in the same scale, with all their rights and entitlements, provided their statues shall be adjusted according to the provisions of the regulations of the Authority's human resources' affairs without prejudice to the salaries and allowances they are receiving.

               

            • Article (121)

              This article has been cancelled pursuant to the Decretal Federal Law No. (24) of 2020. To see the previous version, click on the version box below
              Version 1(effective from 15/02/2007 to 02/01/2021)

               

              The employees of the Authority shall be subjected to the laws and regulations of the Civil Service as applied in the Federal Government pending the issue of the regulations of human resources designated for the Authority.

               

            • Article (122)

              The Federal Law No. 9 of 1984 on insurance companies and brokers referred to herein shall be cancelled and while no contradiction with the provisions of the law herein the executive regulation and the decisions issued thereby shall remain valid pending the issue of the executive regulation necessary to implement the provisions of the law herein.

            • Article (123)

              Any provision in conflict or contradiction with the provisions of the law herein shall be cancelled.

            • Article (124)

              The law herein shall be published in the Gazette and be effective after six months as from date of publication.

      • Executive Regulation

        • The Executive Regulation of The Federal Law No.6 of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations

          IA-BOD-RES 2/2009 Effective from 31/1/2010

          (Published in the Official Gazette No. (504) on 31/1/2010 )

          Insurance Authority The Board of Directors' Resolution N0.2 of 2009 on Issuance of the Executive Regulation of The Federal Law N0.6 of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations

          The Minister of Economy, Chairman of the Board of Directors of the Insurance Authority,

          Having considered the Federal Law No.1 of 1972 on the Ministries' responsibilities and the Ministers' authorities and the amending laws,

          The Federal Law No.6 of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations,

          The Ministerial Decree N0.32 of 1984 on the Executive Regulation of the Federal Law N0.9 of 1984 on the Insurance Companies and Agents,

          And on basis of the Director General's presentation and the Board of Directors' approval,

          Resolved to issue the following executive regulation:

          • Chapter One

            • Article (1) Definitions

              The following words and expressions wherever they are stated in the executive Regulation herein shall bear the meanings beside each of them unless the context provides otherwise:

              State:
               
              The United Arab Emirates.
               
              Law:
               
              The Federal Law No. 6 of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations.
               
              Ministry:
               
              The Ministry of Economy.
               
              Minister:
               
              The Minister of Economy.
               
              Authority:
               
              The Insurance Authority established by virtue of the provisions of the Law.
               
              Board:
               
              The Insurance Authority's Board of Directors.
               
              Chairman:
               
              The Chairman of the Board.
               
              Director General:
               
              The Director General of the Insurance Authority.
               
              Company:
               
              The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch or an insurance agent.
               
              Insurance Agent:
               
              The person approved and authorized by the company to carry out insurance operations on behalf of the company or any of its branches.
               
              Insurance Broker:
               
              The person who independently intermediates in insurance and re-insurance operations between the applicant of the insurance or re-insurance on one side and any insurance or re-insurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or the re-insurance has been accomplished.
               
              Actuary:
               
              The person who estimates values of the insurance contracts, documents and the related accounts.
               
              Register:
               
              The register of the insurance companies.
               
              Authorized Manager:
               
              The person appointed by the foreign insurance company to manage its branch in the State.
               
              Senior Official of the Company:
               
              The person who occupies the post of executive president or general manager, authorized manager or deputy general manager, assistant general manager, chief executive of operations, chief executive of finance, or managing director.
               
            • Article (2) Scope of Applicability

              1. The provisions of the Regulation herein shall apply to all the insurance companies incorporated in the State and the foreign insurance companies licensed to perform their activities in the State including those companies engaged in the operations of cooperative insurance and Takaful insurance or operations of reinsurance and the professions associated with the insurance.
                 
              2. The provisions of the Regulation herein shall not apply to the companies operating in the free zones in the State unless specifically provided for in the Law.
          • Chapter Two Classes and Types of Insurance

            • Article (3) Classes of Insurance

              1. Direct insurance operations as provided for in the Law shall be divided into three:
                 
                1. Insurance of persons and funds accumulation operations
                2. Properly insurance
                3. Liability insurance
                   
              2. Insurance operations shall include the relevant activities of the categories provided for in paragraph (1) of the Article herein and shall include as well reinsurance operations and all the professions associated with the insurance which in their respect the Board had issued regulations, directives or special resolutions.
            • Article (4) Types of Insurance of Persons and Funds Accumulation Operations

              Insurance of persons and funds accumulation operations shall include the following:

              1. Life assurance of all types including among others all insurance operations designed to pay certain amounts of money in case of death, disability, reaching certain age or life assurance associated with investment vehicles.
                 
              2. Health insurance of all types.
                 
              3. Personal accident insurance associated with life assurance (all insurance operations against personal accidents done by the company in favor of the individuals holding life assurance policies of the same company).
                 
              4. Funds accumulation operations (all operations the purpose of which formation of a capital to be paid in a specified date against a premium or periodic premiums without linking the same to life or death probabilities).
            • Article (5) Types of Property & Liability Insurance

              Property insurance and Liability insurance and the activities associated therewith shall include the following:

              1. Fire insurance and the allied perils.
                 
              2. Land transport, marine and air cargo insurance and the related liabilities.
                 
              3. Marine hull, machinery, and equipment insurance and the related liabilities.
                 
              4. Aviation hull insurance and the like and their machineries and equipment and the related liabilities.
                 
              5. Satellites, balloons and spaceships insurance, and their machineries and equipment and the related liabilities.
                 
              6. Railway locomotives and coaches insurance and the related liabilities.
                 
              7. Land vehicles insurance and the related liabilities.
                 
              8. Engineering insurance and the related liabilities and insurances normally associated thereto.
                 
              9. Oil insurance including the insurances which are normally considered oil insurance.
                 
              10. Health insurance of all types.
                 
              11. Miscellaneous accident insurance including the following types:
                 
                1. Personal accident insurance.
                   
                2. Guarantee insurance and fidelity guarantee.
                   
                3. Money, coins, securities, bonds and the like insurances whether during transport or in safe.
                   
                4. Robbery and theft insurance.
                   
                5. Glass insurance.
                   
                6. Professional indemnity insurance including liabilties of those professionals in the fields of health, engineering, finance, accountancy, law and the other professions.
                   
                7. Workman's compensation and employer liability insurance.
                   
                8. Agriculture and livestock insurance and insurance of other animals.
                   
                9. Other insurances normally falling under miscellaneous accident insurance.
            • Article (6) Other Types of Insurance

              1. The Authority at any time may determine other types of insurance to be enlisted under any of the insurance categories stated in Article (3) of the Regulation herein and may determine risks to be compulsorily insured. The Authority may determine unified tariffs of each one of these types of insurance as the public interest might necessitate.
                 
              2. The Authority may take the necessary legal procedures to attain the above mentioned objectives including proposing and preparing draft laws should the matter necessitate and issuing the necessary, regulations, rules, directives, and resolutions.
          • Chapter Three Insurance Premium Rates

            • Article (7) Motor Vehicles' Insurance Tariffs

              1. The prevailing tariffs of motor vehicle Insurance already circulated to the insurance companies via circular No.28/7/ EC/1055 dated 24.6.1996 shall remain valid till amended or replaced by the Board.
                 
              2. When premium rates of motor vehicle insurance are determined it has to be observed that they shall be according to the technical principles of pricing operations of such type.
            • Article (8) Other Tariffs and the Related Supervision

              1. The Authority may determine and amend the unified tariffs of certain types of insurance as the case might require.
                 
              2. The Authority may supervise the premium rates applied by the company and verify extent of commensurability with the risks insured by the company and may require detailed information on the basis and rules which the company relied upon to determine these rates.
            • Article (9) Cancellation of a Compulsory Motor Vehicle Insurance Contract

              1. Neither the company nor the insured has the right to cancel a compulsory motor vehicle insurance contract during validity of the contract as long as his licenses remained valid unless replaced by other insurance contract.
                 
              2. A compulsory motor vehicle insurance contract shall be deemed cancelled pursuant to the Law should the motor vehicle happened to be total loss and its registration been cancelled by the pertinent licensing authority.

                In this case, the insured shall have the right to be reimbursed by the company a sum of the premium prorate for the remaining period of the insurance contract unless the insured had caused an accident that created total loss and that without prejudices to the established rights of the others prior to cancelation of the insurance contract.

          • Chapter Four The Authority's Board of Directors

            • Article (10) Membership Requisites

              It's conditional on whosoever been appointed as member of the board to satisfy the following requisites:

              1. He should be a UAE national.
                 
              2. He should be no less than 21 calendar years old and of legal capacity.
                 
              3. He should be one of those who acquired experience or specialized in any of the insurance operations or in one of the related fields. Any of the following persons shall be deemed people of experience and specialization:
                 
                1. The insurance experts approved by the Authority.
                   
                2. The members of the board of any similar establishment.
                   
                3. The university professors of insurance or any of the related sciences.
                   
                4. Those persons experienced in economic, commercial, financial, or legal fields.
                   
              4. He should be of good conduct, never been convicted for breach of honor, trust or public moral or declared bankrupt by Court and not yet rehabilitated.
                 
              5. He should never been dismissed as member of any of the boards on disciplinary counts.
                 
              6. He shouldn't be liable according to the Board's discretion for grief violations of any of the provisions of the Law or the Companies' Law in his capacity as general manager or board member of one of the companies including the liability of causing compulsory liquidation of the company.
          • Chapter Five Licensing of Insurance Companies Established in the State

            • Article (11) Submission of Licensing Applications

              1. An application to license the insurance companies established in the State shall be submitted to the Director General by the founders' committee of the insurance or reinsurance company on the form approved by the Board for the purpose.
                 
              2. Licensing application shall be accompanied by the following statements and documents:
                 
                1. The company's memorandum and articles of association indicating the founders' names, number of stakes allotted to them, and percentage of each one.
                   
                2. An economic feasibility study and the company's plan of work.
                   
                3. A certificate by an actuary, in case of insurance of persons and funds accumulation, to incorporate the following:
                   
                  Firstly:
                   
                  the actuary's approval of the basis of calculating the premiums.
                   
                  Secondly:
                   
                  adequacy of the technical provisions and prospects of the company's compliance with the margin of solvency and the minimum amount of guarantee.
                   
                4. A declaration by the founders that no one of the company's founders ever been convicted for breach of honor or trust or declared bankrupt by the Court.
                   
                5. A declaration by the founders that all statements and documents submitted to the Authority are accurate.
                   
                6. Any other statements or documents specified in the regulations and rules issued according to the Law or decided by the Board deemed required for considering the application.
              3. After receiving the initial licensing approval, the company shall submit the following to the Authority:
                 
                1. Name list of the individuals proposed to take up the post of the company's general manager and the senior officers of the company along with details of each one qualifications and experience and attach therewith the documents supporting these qualifications and experiences.
                   
                2. Other approvals and licenses have to be obtained as required by the prevailing laws, regulations and rules.
            • Article (12) Licensing Applications Register and their Registration Procedures

              1. The Authority shall prepare a register to register therein the submitted licensing applications and inscribe these applications in serial numbers according to each one date of receipt and assign a file for each application to keep therein the submitted statements and documents and indicate all procedures being taken in this respect.
                 
              2. After verifying accuracy and adequacy of the application and the attachments thereto and following payment of the prescribed fees, the pertinent Department of the Authority shall register the licensing application in the register according to the provisions of the Regulation herein and endorse the application with the number and date of submission and hand over the submitter a receipt showing the company's name, the application's subject, its registration number in the register and its date and statement of the accompanying documents.
            • Article (13) Considering Applications and Completion of Attachments

              The pertinent Department of the Authority shall consider the licensing application within (7) working days as from date of submission and should it been established that the application didn't satisfy any of the requisites or the required statements or documents it may ask those concerned, via a registered letter or through direct delivery, to satisfy them within (60) days at most as from date of notification.

            • Article (14) Acceptance / Rejection of Applications

              1. In case the period provided for in the preceding Article lapsed without the requisites, statements, or documents been satisfied by the organization which submitted the licensing application, the pertinent Department shall refer the matter to the Director General.
                 
              2. The Director General shall consider the matter within seven days ' as from date of receiving the file and make his decision either by granting the organization which submitted the licensing application an additional period or rejecting the application.
                 
              3. The license applicant shall have the right to submit a new application to satisfy the requisites after lapse of six months as from date of the Director General's decision rejecting the application.
                 
              4. In case the new application satisfied the acceptable requisites of its submission, the pertinent Department shall refer the application to the Director General.
                 
              5. The Director General shall refer the application to the Board to issue its resolution either to approve it or reject it within sixty days as from date of reference.
                 
              6. The resolution approving the licensing shall be published in the Official Gazette and the pertinent authorities be informed to implement its substance.
                 
              7. The pertinent Department shall prepare a draft of the licensing resolution and same shall be approved by the Director General.
            • Article (15) The Board's Resolution Rejecting the Licensing Application

              The Board's resolution rejecting the licensing application shall be deemed final.

            • Article (16) Contents of the License

              The license issued to the company by the Authority shall contain the following:

              1. An approval by the Authority to finalize establishment of the company according to the conditions and requisites provided for in the legislations prevailing in the State including the Law and the Regulation herein, and the rules and directives issued pursuant thereto.
                 
              2. Classes and types of insurance to be carried out by the company after accomplishing its establishment procedures and registration in the register.
                 
              3. The period within which the establishment of the company has to be completed. However, the Director General in special cases may extend such period to a similar period.
                 
              4. Any other requisites may be resolved by the Board according to the provision of the Regulation herein.
            • Article (17) Requisites for Establishing a Company

              Without prejudices to the provisions of Article (118) of the Law, establishment of a company shall be done according to the requisites and conditions which on their basis the license has been granted. However, these requisites and conditions shall not be amended except by prior approval of the Board. Nonetheless, the provisions of the legislations prevailing in the State should be observed.

            • Article (18) Carrying out Other Classes of Insurance

              Should the company intend to carry out any other class of insurance or any type thereof not included in the license granted thereto or intend to change the services of it pursue in order to conform with the provisions of the Law, the company shall get the necessary approval from the Authority according to the procedures of granting the licenses as provided for in the Regulation herein.

          • Chapter Six Licensing Foreign Insurance Companies

            • Article (19) Licensing Requisites

              1. Requisites for licensing a foreign insurance company to carry out insurance activity in the State through a branch or an agent are as follows:
                 
                1. The company should introduce new insurance products not availed by the existing insurance companies or offer coverage already existing but needed in the State's insurance market.
                   
                2. The company should carry out nontraditional insurance activity and coverage in the State as main activity besides the other fields of insurance.
                   
                3. The company should realize increment in the total retention.
                   
                4. The company should attain a surplus in the effective demand available in the State's insurance market for the traditional types of insurance.
                   
                5. The company should be evaluated and rated by any of the international bodies engaged in rating insurance companies which in their respect the Board issued a resolution specified therein the rating degree.
                   
              2. Licensing application of a branch of a foreign company shall be accompanied with the following documents duly attested and translated into Arabic:
                 
                1. Copy of the license to carry out insurance operations in the State which the mother company is holding its nationality issued by a regulatory and supervisory governmental body and duly authenticated and attested indicated therein classes and types of insurance the company is licensed to undertake.
                   
                2. A resolution by the administrative authority of the mother company to open the branch.
                   
                3. Copies of the company's statement of accounts for the last two years duly approved by a certified auditing office.
                   
                4. Copy of the mother company's profile, organization, activities and markets of its operations.
                   
                5. Statement showing nature of the company relation with the branch and powers endowed therewith.
                   
                6. The company's plan of work for the first three years.
                   
                7. A certificate by an actuary, in case of insurance of persons and funds accumulation, displaying:
                   
                  Firstly:
                   
                  the actuary's approval of the basis of calculating the premiums.
                   
                  Secondly:
                   
                  adequacy of the technical provisions and extent of compliance with solvency margin and the minimum amount of guarantee.

                   
                8. Other approvals and licenses need be obtained according to the requirements of the prevailing laws, regulations, and rules.
                   
                9. Copies of the specimens of the agreements which the company will conclude with the providers of the insurance services including the insurance and reinsurance agents and brokers.
                   
                10. Any other statements or documents as determined by the regulations and rules according to the Law or decided by the Board deemed necessary to consider the application.
                   
              3. The provisions of Articles (12), (13), (14), (15) and (16) of the Regulation herein shall apply to licensing and registration of foreign insurance companies.
          • Chapter Seven Registration

            • Article (20) Submission of Registration Applications

              1. Each insurance company established in the State or a branch of a licensed foreign insurance company shall submit an application to the Authority for registration in the register according to the form prescribed by the Authority for the purpose.
                 
              2. The application for registration in the register shall be submitted in two copies signed by the legal representative of the company to the pertinent Department of the Authority within (30) days as from date of concluding the procedures of establishing and promulgating the company.
            • Article (21) Attachments to a Registration Application of a Company Established in the State

              The registration application shall be accompanied by the documents verifying accuracy of the details included therein including the following:

              1. A true copy of company's memorandum and articles of association attested by the pertinent authorities.
                 
              2. A true copy of the notice declaring establishment of the company.
                 
              3. A certified document to confirm that the company's capital equals no less than the minimum amount stated in the Resolution issued by the Cabinet of Ministers for the purpose.
                 
              4. A certificate from a bank operating in the State establishing deposit of the amount provided for in Article (42) of the Law according to the form prescribed by the Authority.
                 
              5. A statement of the insurance classes and types required to be carried out by the company in the State coupled with a statement of the general terms and conditions of the insurance operations of these classes and types.
                 
              6. A statement of the benefits, limitations, and terms incorporated in the insurance policy to be issued by the company.
                 
              7. A statement of the technical principles of the insurance operations of the two classes of insurance; insurance of persons and funds accumulation operation, the company requiring to carry out coupled with details of the principles of pricing these operations and a certificate by an actuary that the principles, benefits, and limitations of the insurance operations of these classes are accurate and apt be implemented.
                 
              8. A statement of surrender values or reductions (for insurance of persons and funds accumulation operations).
                 
              9. A specimen of each type of the insurance contracts to be issued by the company.
                 
              10. A list approved by the company's chairman showing names of the members of the board of directors, their nationalities and addresses.
                 
              11. A certified document showing names of the company's managers and senior officers, their nationalities, addresses and spheres and limits of their powers and a communication that they are authorized to manage the company and sign insurance contracts.
                 
              12. An official certificate establishing that none of the company's managers ever been convicted for a breach of honor or trust and a written declaration by each manager that he never at any time declared bankrupt.
                 
              13. Information on the company's general manager, the authorized manager or the senior officers and a proof establishing that they acquired the necessary qualifications and experiences or any other documents deemed fit by the Board.
                 
              14. Any other documents determined by the Authority.
            • Article (22) Attachments to a Registration Application of a Foreign Insurance Company

              In addition to the documents stated in Article (21) of the Regulation herein a branch of a foreign insurance company shall attach the following documents:

              1. A duly certified document showing names of the branch's managers, their nationalities, addresses and spheres and limits of their powers including payment of the compensations and a communication that they are authorized to manage the branch, sign insurance contracts, and pay compensations when they are due.
                 
              2. An approved certificate from the pertinent authorities in the company's country of registration indicating that the company is established and registered in that country according to the prevailing laws along with details of the activity which the company is licensed to carry out in that country, its legal status, the subscribed and paid up capital, and names of the representatives in charge of managing the branch of the company in the State, and spheres and limits of their powers.
                 
              3. Any other documents determined by the Authority.
            • Article (23) Registration Application Decision

              1. The registration application shall be presented to the Director General attached therewith the opinion of the pertinent Department of the Authority within (30) days as from date of submission or of the date when the required statements and documents by the pertinent Department been satisfied as the case might necessitate.
                 
              2. The Director General shall have the power to accept or reject the registration application and in case of rejection, the Director General shall specify the reasons led to so rejection. Accordingly, the pertinent Department of the Authority shall inform the applicant about the decision made by the Director General in this respect.
                 
              3. The concerned party may place an appeal to the Board opposing the rejection decision within (30) days as from date of notification of the decision. The resolution of the Board in this respect shall be final.
            • Article (24) Acceptance and Registration of Applications

              In case of accepting the registration application, the pertinent Department of the Authority shall register the company in the register and hand over the applicant a certificate instituting such registration according to the form as prescribed by the Authority.

            • Article (25) Duration of Registration

              Duration of a company registration in the register shall be one calendar year.

            • Article (26) Management of Insurance Companies

              1. It's conditional on whosoever been appointed as a general manager, an authorized manager or a senior officer in the company to satisfy at least the following conditions:
                 
                1. He should be a university graduate completed an accredited training course in the field of insurance or in any other related fields.
                   
                2. Abundantly competent and experienced in insurance operations; having no less than 5 year experience in insurance operations (for UAE nationals) and 10 years (for non-UAE nationals).
                   
                3. He should have worked as manager of one of the insurance departments of any duly licensed insurance company.
                   
                4. He shouldn't be liable according to discretion of the Board for a serious violation of any of the provisions of the Law or the Companies Law in his capacity as general manager or board member of any of the companies including the liability of causing compulsory liquidation of the company.
                5. He should be of good conduct; never been convicted for a breach of honor, trust or public moral or declared bankrupt by the Court and not yet rehabilitated.
                   
                6. He shouldn't ever been dismissed from any of the businesses of the company or any other company on disciplinary counts throughout the last five years.
                   
                7. Any other requisites deemed fit by the Authority and issued upon a decision made by the Director General.
                   
              2. The company's chairman and the board members, its general manager, the authorized manager or whosoever acting on his behalf or any other senior official shall be prohibited to:
                 
                1. Take part in the management of any other competing insurance company or a similar one
                   
                2. Compete the business of the company or do any works or activity in conflict with the interests of the company.
                   
                3. Carry out the work of an insurance agent or broker.
                   
                4. Receive any commission for any of the works of insurance or reinsurance.
                   
              3. Those undertaking the management of a company or an employee therein as well shall be prohibited to represent any shareholder of the company he is working for.
                 
              4. In implementing the provisions of the Article herein the competing or similar companies shall mean the companies are carrying out operations of same classes and types of insurance.
            • Article (27) Renewal of Registration

              1. A company registered in the register shall renew its registration annually by submitting an application to renew the registration to the pertinent Department of the Authority. The application shall be submitted on the form prescribed for the purpose by the Director General provided; submitting same being signed by the legal representative of the company along with the following documents:
                 
                1. Reinsurance strategy for the next financial year.
                   
                2. Any details or documents required from the company according to the provisions of the Law, or the regulations, directives or resolutions issued pursuant thereto which the company did not provide at some stage during the year
                    
              2. The Authority shall renew the company's registration after ascertaining fulfillment of the requisites for renewing the registration and payment of the prescribed fees.
            • Article (28) Alterations in the Registration

              1. The company shall notify the Authority about each and every alteration or amendment may occur in respect of the particulars of the registration application or the documents attached thereto whether by means of addendum, deletion or amendment.
                 
              2. Such notification shall be made by submitting an application for endorsement, according to the form prescribed by the Authority for the purpose, signed by the legal representative of the company to the pertinent Department of the Authority within (15) days as from date of occurrence of the alteration or amendment along with the documents verifying accuracy of the details included therein certified by the pertinent authorities and in conformity with the provisions of the Regulation herein.
                 
              3. Should the required alteration or amendment affected the operations' principles of both insurance of persons and funds accumulation or the benefits, limitations or the terms and conditions incorporated in the insurance policy related to these operations, the company shall submit along with the notification a certificate by an actuary that these principles, benefits, limitations or terms and conditions are accurate and apt be implemented.
            • Article (29) Citing the Registration Number

              Each company happened to accomplish its registration in the register shall put together its name, its registration number and date as in the register on all publications, contracts, correspondences, notices, certificates, and policies issued by the company.

          • Chapter Eight Rendering the Services

            • Article (30) Starting the Services

              1. The company shall start rendering its services to the public within (60) days as from date of its registration in the register.
                 
              2. The Director General upon a request by the company in special and justifiable cases may extend such a period to a similar period.
                 
              3. In case the company doesn't start its works within the approved period, the matter shall be referred to the Director General or to whomever he might authorize.
                 
              4. The Director General shall send a written notice to the company advising necessity of starting rendering its services to the public within seven working days as from date of notifying the person who legally representing the company.
                 
              5. In case the period stated in Paragraph four above lapsed without the company starting its works, the Director General shall issue a decision to suspend the registration of the company in the register for a period of six months at most.
                 
              6. In case the six month lapsed without the company starting its works, its registration in the register shall be suspended.
                 
              7. The company which its registration being suspended shall have the right to reverse the suspension decision by submitting an application to the Director General on the form prescribed by the Authority for the purpose coupled with the justifying reasons and a proof of paying the prescribed fees.
                 
              8. The Director General shall make his decision on the application within seven working days.
                 
              9. The company which its registration being suspended may submit an application for re-registration on the form prescribed for the same by the Authority.
                 
              10. In case of re-registration, the procedures designated to register a company in the register whether stated in the Law or the Regulation herein shall be adopted.
          • Chapter Nine Opening a Branch of Insurance Company Established in the State

            • Article (31) Branch Opening Application

              Should an insurance company established in the State intend to open a branch therefor inside or outside the State, the company shall submit an application as so to the Authority on the form prescribed by the Authority for the purpose.

            • Article (32) Attachments to the Branch Opening Application

              The following documents shall be attached to the application to open a branch for a company established in the State:

              1. The board of directors' resolution to open the branch.
                 
              2. An economic feasibility study and work plan of the branch.
                 
              3. The organizational structure of the branch and name list of the branch manager and the senior officers therein provided; including names of those persons authorized to sign on behalf of the branch.
                 
              4. Emiratization percentage rate shouldn't be less than that as determined by the pertinent official authorities.
                 
              5. An undertaking by the company to render specialized training courses in the field of insurance for UAE nationals working therewith.
                 
              6. Any other documents as determined by the Authority.
            • Article (33) Requisites for Considering an Application to Open an Outside Branch

              In case an insurance company established in the State intended to open a branch therefor outside the State, the company's financial power and technical capacity to open a branch therefor outside the State, the experience of those in charge, the extent of its compliance with the provisions of the Law, regulations, rules and resolutions issued pursuant to any of them should be taken into consideration.

              It's conditional that the solvency margin at the consolidated statement level of the company established in the State intending to open a branch therefor outside the State not to be less than that percentage as determined by that country provided; such percentage be maintained by the company throughout its branch working term outside the State.

            • Article (34) Starting Work at a Branch Inside the State

              1. The insurance company branch established in the State shall start its works in the State within a period not to exceed (60) days as from date of registration of the branch in the register maintained by the Authority. However, the Authority may extend such period for a similar period.
                 
              2. The Authority's approval to open a branch inside the State for a company established in the State shall be deemed lawfully cancelled should the branch doesn't start its work within the period stated in paragraph (1) of the Article herein or within the extended period as the case might necessitate.
            • Article (35) Cessation of Operations of an Outside Branch

              1. The insurance company established in the State intending to cease operations of its branch outside the State or change its place shall advise the Director General of the consent of the branch's homeland to cease operations of the branch or to shift it from a place to another according to the legislations of that country in this respect, if any.
                 
              2. Taking the legislations of the country of the branch into consideration, all the branch's rights and commitments following cessation of its operations shall be transferred to an insurance company established in the State.
            • Article (36) Cessation of Operations of a Local Branch

              The insurance company established in the State intending to cease operations of one of its branches inside the State shall inform the Director General about the company plans to cease the operations of the branch and transfer the rights and liabilities originated from the insurance policies issued by the branch to the main office or to any of its branches operating in the State or to any other insurance company registered in the register according to the procedures specified in Article (72) of the Law.

            • Article (37) Shutting Down a Local Branch

              1. The Director General may make his decision to shut down the branch of an insurance company established in the State and strike off its registration in any of the following cases:
                 
                1. Should the approval to open the branch happened to be made on basis of inaccurate information,
                   
                2. Should the branch lack any of the principle requisites for granting the approval to open it.
                   
                3. Should the branch violate the provisions of the Law, the executive regulation, the rules or directives issued by the Authority.
                   
                4. Should the branch cease carrying out its works for a period of (12) month.
                    
              2. In case a decision to shut down and strike off the branch is being made, the Director General shall inform the company as so according to the provisions of the Law and the registration of the branch shall be stricken off the special register prescribed for the purpose by the Authority.
                 
              3. The company shall have the right to appeal the decision of the Director General before the Board within thirty days as from date of notification.
                 
              4. The resolution of the Board rejecting the appeal shall be final.
          • Chapter Ten Opening a Branch for a Foreign Insurance Company Licensed to Operate in the State

            • Article (38) Branch Opening Application

              Should a licensed foreign insurance company intend to open a branch therefor in the State it shall submit an application as so to the Authority on the form prescribed by the Authority for the purpose.

            • Article (39) Attachments to the Application

              1. The following documents shall accompany the application to open a branch for a foreign insurance company licensed in the State:
                 
                1. An economic feasibility study and work plan of the branch.
                   
                2. A certificate duly attested attached therewith a certified translation into Arabic establishing that the mother company is being evaluated and rated by one of the international bodies engaged in rating the insurance companies which in its respect the Board had issued a resolution specified therein the rating degree.
                   
                3. An undertaking that Emiratization percentage rate in the company will not be less than the rate as determined by the pertinent official authority.
                   
                4. An undertaking by the company to provide specialized training courses in the field of insurance for UAE nationals working in the company.
                   
                5. The organizational structure of the branch, a list of the names of the branch's manager and the senior officers of the branch and qualifications of each one of them and particulars of the persons authorized to sign on behalf of the branch.
                   
                6. Any other documents as determined by the Authority.
                    
              2. The provisions of the Articles (34), (36) and (37) of the Regulation herein shall be applied to the application procedures of opening a branch for a foreign company licensed to operate in the State.
          • Chapter Eleven Examination of the Financial Status

            • Article (40) Examining the Financial Status and Assessing Liabilities of a Company Carrying out Insurance of Persons and Funds Accumulation Operations

              1. The company carrying out any type of insurance of persons and funds accumulation operations shall examine the financial status of such type and estimate its payable liabilities once every three years by an actuary.
                 
              2. The assessment referred thereto in paragraph (1) of the Article herein shall include all the insurance operations concluded by the company inside and outside the State each one separately and should such activity being performed through a branch of a foreign insurance company, the assessment shall include only those insurance operations which their contract have been concluded inside the State or apt be implemented therein.
            • Article (41) Cases of Assessing the Company's Liabilities

              1. The Assessment referred thereto in paragraph (1) of the Article (40) of the Regulation herein shall be conducted whenever the company wanted to check its financial status to find out percentage of profit to be allotted to the shareholders or the policy holders or whenever the company wanted to announce such status.
                 
              2. The Authority may request the assessment referred to in paragraph (1) of the Article (40) of the Regulation herein be conducted at any time before lapse of three years as from date of the last assessment provided; lapse of one year at least as from date of that examination.
            • Article (42) Contents of the Actuary's Report

              The actuary's report on the result of the examination and assessment referred thereto in Articles (40) and (41) of the Regulation herein shall contain at least the following related details:

              1. Examination of the specimens of the documents, terms & conditions, and tariffs of the different types of insurances used by the company to verify extent of conformity with the specimens of the documents, terms & conditions, and tariffs approved by the Authority or communicated thereto in order to ensure adequacy and fairness of premium rates and that the company's work technique will not expose its financial status to danger and will not cause damages to those dealing with it.
                 
              2. Examination of the paid-up compensations to ensure their settlement according to the terms & conditions and documents and studying as well claims under settlement to verify reasons of nonpayment.
                 
              3. Examination of the reinsurance operations as well as the reinsurance arrangements to ensure their adequacy to protect the financial status of the company and also to ensure adequacy of the reinsurers' guarantees.
                 
              4. Examination of the company's investment operations to verify the company's compliance with the provisions of the Law and the executive regulation and rules issued pursuant thereto particularly those related to adequacy of the provisions' funds, their investments and that they are not been disposed without obtaining the Authority's approval.
                 
              5. Examination of the elements of the financial status of the company and verify whether the company is satisfying the increment rate of its assets over its liabilities at any time according to the provisions of the Law.
                 
              6. Examination of the company's capability to fulfill its liabilities at any time and extent of its ability to continue fulfilling its liabilities and the possibility of its failure to pay same.
                 
              7. Extent of the company's compliance with the licensing and registration requisites and give an account of the violations and nature of these violations, if any, and extent of their implications on the financial status of the company and the insurance market.
                 
              8. All insurance operations concluded or implemented by the company inside the State and their types.
                 
              9. All insurance operations concluded or implemented by the company outside the State and their types (for local insurance companies).
                 
              10. Extent of the company's compliance with the rules and principles of transparency and fairness.
                 
              11. Conflicts of interests whether already existed, or existing or expected to develop relevant to any of the company's board members, the general manager, or the authorized manager or any of its senior officials.
                 
              12. Any other information as determined by the Authority or the regulations issued according to the Law.
            • Article (43) Filing the Actuary's Report to the Authority

              1. The company shall send to the Authority a copy of the actuary's report on the result of the examination and assessment referred to in Articles (40) and (41) of the Regulation herein within (60) days as from lapse of the period when the examination has been conducted accompanied with the following:
                 
                1. An account of the valid insurance policies concluded by the company inside or outside the State on date of the examination and should the performer of the activity happened to be a foreign insurance company such an account shall include only the policies concluded inside the State or apt be implemented therein.
                   
                2. An acknowledgment by those responsible for managing the company that all particulars and information needed to arrive at authentic report have been put at the disposal of the actuary.
                    
              2. On basis of a decision by the Director General after lapse of the six months period provided for in the Article herein, the company may be given an additional period to file the report provided; such period not to exceed three months.
            • Article (44) Re-Examination

              1. Should it became evident to the Authority that the actuary's report doesn't reflect reality of the company's financial status it may order a re-examination on the company's own cost by an actuary to be chosen by the Authority for the purpose.
                 
              2. The actuary chosen by the Authority shall follow in his work the directives and procedures referred thereto in the Law, the Regulation herein and the other regulatory resolutions.
          • Chapter Twelve Corporate Governance

            • Article (45) Compliance with Corporate Governance Criterions

              The companies registered in the register maintained by the Authority shall comply with disclosure and transparency principles in their transactions in the insurance market and with their clients and in respect of all documents, papers, publications, advertisements, propagandas, essays, and scientific materials issued by them according to the procedures and criterions of corporate governance set out by the Board for the purpose.

          • Chapter Thirteen

            • Article (46) Penalties

              Whosoever violates the provisions of the Regulation herein shall be punished by the penalties provided for in the Law and as the case might necessitate.

            • Article (47) Disciplinary Penalties

              1. The board of directors may impose the following disciplinary penalties on the company in case the violations prompting such imposition are established:
                 
                1. Cease the company to carry out operations of one type or more of the insurance carried out by the company for a period no more than one month in case of violating the regulations, rules, directives or the resolutions issued by the Authority.
                   
                2. Cessation for a period not to exceed three months should the company cease to carry out operation of any type of the insurance incorporated in its registration for (12) months.
                   
                3. Cessation for a period not to exceed six months should the company lack any of the requisites needed for registration in the register according to the Law.
                   
                4. Cessation for a period not to exceed nine months should the company fail to uphold the accrued financial liabilities or refuse to execute a final judiciary ruling relevant to an insurance contract concluded by the company.
                    
              2. In all the cases which in their respect the Board made a decision to cease the company's operations, such cessation shall not be relieved and the company shall not be allowed to start the work under question except after eliminating the violation which prompted such cessation on basis of a report to be filed by the Director General to the Board establishing elimination of the violation.
                 
              3. The Director General may take the following procedures when the violations are less important than the ones mentioned in the preceding paragraph:
                 
                1. Send a warning to the company to draw its attention to the violation and to necessity of taking procedures to eliminate same.
                   
                2. Serve a notice on the company demanding certain procedures to be taken or calling it to refrain from doing specific matter within a limited period.
          • Chapter Fourteen Final Provisions

            • Article (48) Issue of Directives and Decisions

              The Director General shall issue the necessary directives to implement the provisions of the Regulation herein.

            • Article (49) Invalidation

              The Executive Regulation issued according to the Ministerial Decree No. (32) of 1984 concerning the Federal Law No. (9) of 1984 on Insurance Companies and Brokers shall be invalidated.

            • Article (50) Publication and Implementation of the Executive Regulation

              The Regulation herein shall be published in the Official Gazette and be effective as from date of its publication.

    • Regulations Applied for IC and IRP

      • Governance

        • Corporate Governance Regulation for Insurance Companies

          C 24/2022 Effective from 29/9/2022
          • Objective

            The objective of this Regulation is to establish the minimum acceptable standards for Companies' approach to Corporate Governance, with a view to:
             
            i.Ensuring the soundness of the Companies; and;
             
            ii.Contributing to financial stability and policyholder protection.
             
            The accompanying Standards supplement the Regulation to elaborate on the supervisory expectations of the Central Bank with respect to Corporate Governance for Companies.
             
            The Company's Board is in control of the Company and accordingly ultimately responsible for the Company's Corporate Governance. Since each Company may comply with elements of the minimum requirements of the Regulation and Standards in a different way, the onus is on the Board to demonstrate to the Central Bank that it has implemented a comprehensive approach to Corporate Governance and has met the requirements of the Regulation and Standards. Companies are encouraged to adopt leading practices that exceed the minimum requirements of the Regulation and Standards.
             
          • Scope of Application

            This Regulation and the accompanying Standards apply to all Companies. Companies established in the UAE with Group relationships including Subsidiaries, Affiliates, or international branches, must ensure that the Regulation and Standards are adhered to on a solo and Group-wide basis.

            The Central Bank will apply the principle of proportionality in the enforcement of the Regulation and Standards, whereby smaller Companies may demonstrate to the Central Bank that the objectives are met without necessarily addressing all of the specifics cited therein. The Central Bank will decide on the extent to which a Company is expected to meet the requirements.

            Branches of foreign Companies licensed to operate in the State must adhere to this Regulation and Standards, or establish equivalent arrangements so as to ensure regulatory comparability and consistency, with the exception of Article (5) of this Regulation. Branches of foreign Companies must establish local governance structures that meet the objectives of Articles (2), (3) and (4) of this Regulation.

            The requirements established within the Regulation and the accompanying Standards are in addition to the provisions relating to Public Joint Stock Companies in the Federal Law No. 32 of 2021 on Commercial Companies (the "Commercial Companies Law"), and the Chairman of Authority's Board of Directors' Resolution No. (3/Chairman) of 2020 Concerning approval of the Public Joint Stock Companies' Governance Guide ("SCA Regulation") or their amendments. In the event of contradiction with any provisions of the SCA Regulation, the requirements of the Central Bank's Regulation and Standards shall prevail.

            The Regulation and Standards are equally enforceable and must be complied with.

          • Article (1): Definitions

            The following terms shall have the meaning assigned to them below for the purposes of this Regulation:
             
            1.Affiliate: An entity that, directly or indirectly, controls, is controlled by, or is under common control with another entity. The term control as used herein shall mean the holding, directly or indirectly, of voting rights in another entity, or of the power to direct or cause the direction of the management of another entity.
             
            2.Authorised Manager: The person appointed by the foreign insurance company to manage its branch in the State.
             
            3.Board: The Company's board of directors.
             
            4.Central Bank: The Central Bank of the United Arab Emirates.
             
            5.Central Bank Law: Decretal Federal Law No. (14) of 2018 Regarding the Central Bank and Organization of Financial Institutions and Activities, as amended.
             
            6.Chief Executive Officer: The most senior executive appointed by the Board; and in the case of foreign branches, this refers to the Authorized Manager.
             
            7.Company: The insurance company incorporated in the State, and the foreign branch of an insurance company, that is licensed to underwrite primary insurance and reinsurance, including Takaful insurance companies.
             
            8.Compliance with Islamic Shari’ah: refers to compliance with Shari’ah in accordance with:
             
            a.cresolutions, fatwas, regulations, and standards issued by the Higher Shari’ah Authority in relation to the Company's activities and businesses ("HSA's Resolutions"), and
             
            b.resolutions and fatwas issued by the Internal Shariah Supervision Committee ("ISSC") of the Company, in relation to its activities and businesses ("the Committee's Resolutions"), provided they do not contradict HSA's Resolutions.
             
            9.Conflict of Interest: A situation of actual or perceived conflict between the duty and private interests of a person, which could improperly influence the performance of his/her duties and responsibilities.
             
            10.Control Function: Function (whether in the form of a person, unit or department) that has a responsibility in a Company to provide objective assessment, reporting and/or assurance; this includes the risk management, compliance, actuarial, internal audit and where applicable Shari’ah control and Shari’ah audit functions.
             
            11.Controlling Shareholder: A shareholder who has the ability to directly or indirectly influence or control the appointment of the majority of the Board, or the decisions made by the Board or by the general assembly of the Company, through the ownership of a percentage of the shares or stocks or under an agreement or other arrangement providing for such influence.
             
            12.Corporate Governance: A set of relationships between a Company's Board, Senior Management, customers and other stakeholders; and a structure through which the objectives of the Company are set, and the means of attaining those objectives and monitoring performance are determined.
             
            13.Duty of Care: The duty to decide and act on an informed and prudent basis with respect to the Company. Often interpreted as requiring a member of the Board to approach the affairs of the Company and policyholders ahead of his/her own interests.
             
            14.Duty of Confidentiality: The duty to observe confidentiality applies to all information of a confidential nature with which a member of the Board is entrusted by the Company or which is brought to his or her attention during or at any time after the carrying out of his/her assignment.
             
            15.Duty of Loyalty: The duty to act in the good faith in the interest of the Company. The duty of loyalty should prevent individual Members of the Board from acting in their own interest, or the interest of another individual or group, at the expense of the Company and shareholders.
             
            16.Financial Regulations: Insurance Authority Board of Directors’ Decision number (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and the Insurance Authority Board of Directors’ Decision number (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies.
             
            17.Fit and Proper Process: The evaluation of a Company's proposed members of the Board, Senior Management and other persons as determined by the Central Bank from time to time, in terms of expertise and integrity. The specific fit and proper criteria are listed in article 5.20.e.l of the Standards.
             
            18.Government: The UAE Federal Government or one of the governments of the member Emirates of the Union.
             
            19.Group: A group of entities which includes an entity (the ‘first entity’) and:
             
            a.any Parent of the first entity;
             
            b.any Subsidiary of the first entity or of any Parent of the first entity;
             
            c.any Affiliate
             
            20.Higher Sharfah Authority: The Higher Shari’ah Authority that was established at the Central Bank.
             
            21.Independent Member of the Board: A member of the Board who has no relationship with the Company or Group that could lead to benefit which may affect his/her decisions. He/she must not be under any other undue influence, internal or external, ownership or control, which would impede the Independent Member's exercise of objective judgment. The Independent Member of the Board forfeits his/her independence in the cases specified in Article 5.7 of the Standards.
             
            22.Insurance Agent: The person approved and authorised by the Company to carry out insurance operations on behalf of the Company or any of its branches.
             
            23.Insurance Broker: The person who independently intermediates in insurance and reinsurance operations between the applicant of the insurance or reinsurance on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the reinsurance company with which the insurance or the reinsurance has been accomplished.
             
            24.Material Risk Takers: Staff whose work is deemed to have a significant impact on the overall risk profile of the Company or the Group.
             
            25.Non-Executive Member of the Board: A member of the Board who does not have any management responsibilities within the Company, and may or may not qualify as an Independent Member of the Board.
             
            26.Parent: An entity (the ‘first entity’) which:
             
            a.holds a majority of the voting rights in another entity (the ‘second entity’);
             
            b.is a shareholder of the second entity and has the right to appoint or remove a majority of the Board of directors or managers of the second entity; or
             
            c.is a shareholder of the second entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the second entity; or
             
            d.if the second entity is a subsidiary of another entity which is itself a subsidiary of the first entity.
             
            27.Public Joint Stock Company: A Public Joint Stock Company is a company whose capital is divided into equal and negotiable shares. The founders shall subscribe to part of such shares while the other shares are to be offered to the public under a public subscription. A shareholder shall be liable only to the extent of his share in the capital of the company, as per the Commercial Companies Law.
             
            28.Regulations: Any resolution, regulation, circular, rule, standard or notice issued by the Central Bank.
             
            29.Relatives: Father, mother, brother, sister, children, spouse, father-in-law, mother-in-law and children of the spouse.
             
            30.Related Parties: The Group and its Controlling Shareholders, members of the Board and Senior Management (and their Relatives) and persons with control, joint control or significant influence over the Company (and their Relatives).
             
            31.Related Party Transactions: Include onbalance sheet and off-balance sheet credit exposures and claims as well as dealings such as service contracts, asset purchases and sales, construction contracts, lease agreements, derivative transactions, borrowings, and writeoffs. The term transaction incorporates not only transactions that are entered into with Related Parties but also situations in which an unrelated party (with whom a Company has an existing exposure) subsequently becomes a Related Party; disclosures must reflect all Related Party events and transactions for the financial period.
             
            32.Risk Appetite: The aggregate level and types of risk a Company is willing to assume, within its risk capacity, to achieve its strategic objectives and business plan.
             
            33.Risk Governance Framework: As part of the overall approach to Corporate Governance, the framework through which the Board and Senior Management establish and make decisions about the Company's strategy and risk approach; articulate and monitor adherence to the Risk Appetite and risks limits relative to the Company's strategy; and identify, measure, manage and control risks.
             
            34.Senior Management: The individuals or body responsible for managing the Company on a day-to-day basis in accordance with strategies, policies and procedures set out by the Board, generally including, but not limited to, the Chief Executive Officer, chief financial officer, chief risk officer, and heads of the compliance and internal audit functions.
             
            35.State: The United Arab Emirates.
             
            36.Subsidiary: An entity (the ‘first entity’) is a subsidiary of another entity (the ‘second entity’) if the second entity:
             
            a.holds a majority of the voting rights in the first entity;
             
            b.is a shareholder of the first entity and has the right to appoint or remove a majority of the Board of directors or managers of the first entity; or
             
            c.if the first entity is a subsidiary of another entity which is itself a subsidiary of the second entity.
             
            37.Staff: All the persons working for a Company including the members of Senior Management, except for the members of its Board.
             
            38.Takaful Insurance: A collective contractual arrangement aiming at achieving cooperation among a group of participants against certain risks whereby each participant pays certain contribution amount to form an account called the participants’ account through which entitled compensations are paid to the member in respect of whom the risk has realized. The Takaful Insurance company shall manage this account and invest the funds collected therein against certain compensation.
             
            39.Takaful Regulation: The Insurance Authority's Board of Directors Resolution No (4) of 2010 Concerning the Takaful Insurance Regulations, as amended from time to time.
             
          • Article (2): Corporate Governance Framework

            1.A Company must have a Corporate Governance framework that offers comprehensive management and oversight of the Company's business in a manner that protects the rights of policyholders.
             
            2.The Corporate Governance framework must contain the following components, at a minimum:
             
            a.Policies that define and support the Company's strategy and objectives.
             
            b.Definition of the roles and responsibilities of persons accountable for management and oversight.
             
            c.Description on the manner in which decisions are taken.
             
            d.Sound compensation practices.
             
            e.Requirements for active engagement and communication with the Central Bank relating to the management and oversight of the Company.
             
            f.Corrective actions for non-compliance or weak oversight, controls or management.
             
            g.An appropriate corporate culture that promotes integrity, transparency and accountability, which leads to achieving the Company's long-term objectives and the protection of the rights of policyholders and other stakeholders.
             
            3.A Company must establish a transparent organisational structure, at the entity level and Group-wide level if applicable, that supports its objectives, including executing the key responsibilities of the Board and specifying any delegations and the key responsibilities and authorities of its committees, Senior Management and key persons in Control Functions. In this context key persons in Control Functions refers to persons responsible for heading control functions. Groups must ensure that their Corporate Governance frameworks are appropriate to their structure, business and risks.
             
            4.The Board and Senior Management must understand the Group organisational structures, both at the level of the legal entity and business line, and the origin and responsibility for risks posed.
             
            5.The Board is responsible for establishing and operating a clear governance framework for the Group, which must be appropriate to the structure, business and risks of the parent Company and all its related entities, including subsidiaries, Affiliates and international branches.
             
            6.When setting up a Group, the following factors must be taken into consideration, at both the Group and entity levels:
             
            a.Clear division of roles and responsibilities
             
            b.Legal obligations, governance and risks associated at each level
             
            c.Effective coordination and communication.
             
            7.The Board must exercise appropriate/due oversight over the Group while respecting the independent legal and governance responsibilities that might apply to the individual entities.
             
          • Article (3): Oversight and Management Responsibilities

            1.The Board must ensure that a Company and, if applicable, Group has in place robust Corporate Governance policies and processes commensurate with its risk profile and the nature and scale of activity. Such policies must be based on clear segregation between the oversight function and the management responsibilities.
             
            2.The Board must ensure that there is a clear allocation of roles and responsibilities to the Board as a whole, to committees of the Board, to Senior Management and key persons in Control Functions, in a manner that guarantees appropriate segregation of duties. The Board must supervise Senior Management through creating a flexible and transparent organisational structure that guarantees the timely flow of information to decision makers, the accountability of Senior Management towards the Board and the accountability of Board Members towards shareholders and other stakeholders.
             
            3.The Board must oversee Senior Management and their performance in order to ensure that the Company's activities are carried out in a manner consistent with the business strategy, Risk Governance Framework, compensation and other policies approved by the Board.
             
            4.The Board must establish a Fit and Proper Process for the selection and continued assessment of Board members, Senior Management, including key persons in Control Functions and other persons as determined by the Central Bank from time to time, and the maintenance of succession plans for Board members and Senior Management. The Board must set appropriate standards for performance, compensation and on-going training and development in line with business operations for all Staff, consistent with the long-term strategy of the Company.
             
            5.The Board must properly disclose the financial status of the Company, and is required to provide the Central Bank with such information in a timely manner in accordance with the applicable legal framework in the State and Regulations.
             
            6.The Board must take the necessary measures to prevent any Board member from attaining personal gain at the cost of the Company's interests.
             
            7.The Board must approve a compensation policy that is applicable to all Staff, which does not encourage excessive risk taking and must be in line with the Company's strategy and Risk Governance Framework.
             
            8.The Board may delegate some of its tasks, under clear and well-defined terms, in a manner that does not create undue concentration of powers with the potential to influence the Company's business negatively.
             
            9.A Company offering Takaful Insurance must demonstrate full Compliance with Islamic Shari'ah rules and establish a sound and effective Shari'ah governance framework with the key mechanisms and functionalities to ensure effective and independent Shari'ah oversight, as per the requirements set out by the Central Bank and the Higher Shari'ah Authority.
             
          • Article (4): Corporate Culture, Business Objectives and Strategies

            1.The Board must set the strategies and policies for the Company, and for supervising Senior Management in implementing the business and risk strategy to ensure that the Company meets its goals, leaving daily function responsibilities to Senior Management. Strategies and polices must cover fair treatment of policyholders; Risk Appetite; choice of lines of insurance; introduction of new products; appointing competent persons with relevant qualifications commensurate with their roles and responsibilities; pricing underwriting; provision of reinsurance cover; investment; asset-liability management and the assessment of solvency requirements.
             
            2.The Board must establish, communicate and oversee the implementation of corporate culture and values by reinforcing appropriate norms for responsible and ethical behaviour. The Board must set the "tone from the top", particularly as it relates to the ethical behavior expectations of Staff, through approving supporting policies, including, but not limited to, a written code of conduct, a conflict of interest policy, a whistleblowing policy mechanism and an insider trading policy.
             
            3.A Company must enter into all transactions with Related Parties on an arm's length basis, monitor these transactions, and take appropriate steps to control or mitigate the risks to Related Parties in accordance with Board approved policies and procedures.
             
            4.The Central Bank may set, on a general or case-by-case basis, limits for exposures to Related Parties, deduct such exposures from capital when assessing capital adequacy, or require collateralisation of such exposures.
             
            5.The allocation of responsibilities to individual Board members to serve on one of the Board's committees must take account of whether the relevant Board member exercises the independence and objectivity required to carry out the functions of the said committee. Oversight of executive functions should be performed by the non-executive Board members.
             
          • Article (5): Structure and Governance of the Board

            1.A Company's Board must be sufficiently diverse in its composition. Collectively, the Board must have knowledge of all significant businesses of the Company and, if applicable, the Group. The Board must have, and continue to maintain, an appropriate balance of skills, diversity and expertise commensurate with the size, nature of activities, complexity and risk profile of the Company and, if applicable, the Group. Such skills include, but are not limited to, the lines of insurance underwritten by the Company, actuarial and underwriting risks, investment analysis, the role of control functions, finance, accounting and obligations related to fair treatment of customers.
             
            2.A Company's Board must be comprised of at least seven (7) members and a maximum of eleven (11) members, each with a maximum three (3) year renewable term of membership. All members of the Board must be Non-Executive, of which at least one third (1/3) must be Independent Members. It is recommended the chair of the Board is an independent Member of the Board. The Board should not contain any executive members with management responsibilities in the Company.
             
            3.The Chairman and the majority of members of the Board must be UAE nationals.
             
            4.The maximum tenure as an Independent Member of the Board in the same Company is twelve (12) consecutive years from the date of his/her first appointment. At the expiration of the tenure, the Member is no longer regarded as Independent. On the effective date of this Regulation the calculation of the twelve (12) years will consider the time already spent by a Board member in his/her directorship at the Company. Independence of a Board member shall not be affected solely on the basis of being an employee of the parent company or any of its subsidiaries if any of them is a Government entity or a company owned by at least 75% by the Government or any of its subsidiaries.
             
            5.
            a.The Chairman and the members of the Board must prevent or manage conflicts of interest, and, in particular, must not:
             
            1.Participate in managing other Companies.
             
            2.Compete with the Company's operations or perform any actions or activities in a private or business capacity that could conflict with the Company's interests.
             
            3.Carry out operations of an Insurance Agent or an Insurance Broker.
             
            4.Receive any commission from any insurance operation.
             
            b.A member of the Board must obtain permission from the Company's Board before accepting nomination to serve on another board of a Public Joint Stock Company (PJSC) and no conflict of interest must be present. The provisions of this Article shall apply equally to persons appointed by a Government shareholder.
             
            6.A member of the Board may hold membership in the Board of only one (1) Company in the UAE. A member of the Board may hold memberships in the boards of up to a total of five (5) PJSCs in the UAE including the Company's Board. Board memberships of PJSCs inside the Group are included within this limit.
             
            7.If the Government owns 5% or more of the Company's capital, it may appoint persons to represent it on the Board with the same proportion to the number of members of the Board. At least one member shall be appointed if the percentage required for appointing a member exceeds that percentage. A Government-owned Company's Board composition must allow the exercise of objective and independent judgment
             
            8.At least 20% of candidates for consideration for the Board's membership must be female.
             
            9.The non-objection of the Central Bank must be obtained prior to the nomination, appointment or renewal of any person for membership of the Board. In all cases, a Company must immediately notify the Central Bank if it becomes aware of any material information that may negatively affect the fit and proper assessment of a member of the Board. The non-objection of the Central Bank must be obtained prior to the removal of a member of the Board during his/her term of membership.
             
            10.The Board must meet at least six (6) times a year. The Company must appoint a secretary to the Board who is not a member of the Board and independent of the Company's management. The Board and its committees must maintain appropriate minutes, which reflect details of issues discussed, recommendations made, decisions taken, rationales and dissenting opinions.
             
            11.
            a.The chair of the Board is responsible for providing leadership and for the overall effective functioning of the Board and its committees.
             
            b.The Board may delegate specific authority, but not its responsibilities, to specialized Board committees. Each committee created by the Board must have an approved charter or other instrument that sets out its membership, mandate, scope, working procedures and means of accountability to the Board. The committees must have access to resources and to external expert advice, where needed, to ensure a collective balance of skills and expert knowledge commensurate with the nature of business, operations and complexity of the Company and the duties to be performed.
             
            c.The Board and its committees may invite members of the Company's staff and external independent experts to attend meetings as deemed appropriate. In this context external independent experts include, but are not limited to, risk management consultants and actuarial and reinsurance professionals. Staff of the Central Bank may attend meetings of the Board and/or its committees and shall have access to their minutes and any other relevant documents.
             
            d.The Board operational structure must include committees with responsibilities for audit, risk, nomination, investment and compensation. The Board may also establish other specialised committees (e.g. ethics, assets and liabilities).
             
            e.The audit and risk committees must not be merged neither with each other, nor with any other Board committees. Both committees' chairs must be Independent Members of the Board, who are distinct from the chair of the Board and the chairs of other committees. The audit committee must be made up of a majority of Independent Members of the Board and include members who collectively have experience in audit practices, financial reporting, accounting and an understanding of risk management. It is recommended that the audit committee be made up of only Independent Members of the Board. The risk committee must be made up of a majority of Independent Members of the Board and include members who individually have noteworthy experience in risk management issues, practices, challenges and mitigation techniques.
             
            f.Companies may merge the nomination and compensation committees.
             
            12.The Board must carry out annual assessments, alone or with the assistance of external experts, of the functioning of the Board as a whole, its committees, and individual members.
             
            13.The Board must periodically review and make recommendations to update the Company's memorandum of incorporation/articles of association if needed, along with procedural rules or other similar documents setting out its organisation responsibilities and key activities.
             
          • Article (6): Duties of Individual Board Members

            1.Members of the Board must act in good faith, honesty and integrity while exercising their Duty of Care, Duty of Confidentiality and Duty of Loyalty. They are responsible for ensuring effective control over the Company's entire business.
             
            2.Members of the Board must disclose to the Board, in a timely manner, any potential Conflict of Interest or apparent Conflict of Interest.
             
            3.Members of the Board must exercise independent judgement and objectivity in their decision-making taking into account the interests of the Company, policyholders and stakeholders.
             
          • Article (7): Duties Related to Risk Management and Internal Controls

            1.A Company must have an appropriate Risk Governance Framework that provides a Company-wide and, if applicable, Group-wide view of all material risks pursuant to the Financial Regulation and Takaful Regulation, as the case may be. This includes policies, processes, procedures, systems and controls to identify, measure, evaluate, monitor, report, and control or mitigate material sources of risk, on a timely basis. The Company's risk management function must be independent of the management and decision-making of the Company's risk-taking functions and have a direct reporting line to the Board and/or the Board risk committee.
             
            2.The Board is responsible for the design and implementation of effective risk management systems and internal controls, approving and overseeing implementation of the Company's Risk Governance Framework and the alignment of its strategic objectives with its Risk Appetite.
             
            3.
            a.A Company must have strong internal control frameworks pursuant to the Financial Regulations and Takaful Regulation, as the case may be, and establish permanent, independent and effective compliance and internal audit functions, and where applicable Compliance with Islamic Sharia'ah and internal Shari'ah audit. The Company's compliance function must have primary reporting obligations to the Chief Executive Officer and a right of direct access to the Board, the Board audit committee and Board risk committee. The Company's internal audit function must report directly to the Board or the Board audit committee.
             
            b.The Company's actuarial function must have primary reporting obligations to the Chief Executive Officer and a right of direct access to the Board or the Board audit committee and/or Board risk committee. Further governance requirements for internal control and internal audit are contained in the accompanying Standards.
             
          • Article (8): Duties Related to Compensation

            1.A Company must have a Board-approved compensation system that supports sound Corporate Governance and risk management, including appropriate incentives aligned with prudent risk-taking. Performance standards must be consistent with the long-term sustainability and financial soundness of the Company.
             
            2.The Board, must approve the compensation of Senior Management and oversee the development and operation of compensation policies, systems and related control processes.
             
            3.Compensation outcomes must be symmetric with risk outcomes. Compensation payout schedules must be sensitive to the time horizon of risks through arrangements that defer a sufficiently large portion of the compensation until risk outcomes become better known. The compensation framework must provide for mechanisms to adjust variable compensation, including through in year adjustment, and malus or clawback arrangements, which can reduce variable compensation after it is awarded or paid. Any arrangement conducted after the effective date of this Regulation must take claw backs and deferrals into consideration.
             
            4.Members of the Board must be compensated only with fixed compensation comprising the payment of an annual fixed amount and the reimbursement of costs directly related to the discharge of their responsibilities. Bonus or any incentive-based mechanisms based on the performance of the Company must be excluded.
             
            5.The compensation of Staff in the control functions of risk management, compliance and internal audit must be predominantly fixed, to reflect the nature of their responsibilities; and determined independently of the performance of the Company. The variable compensation must be based on performance targets related to their functions and independent of the lines of business they monitor and control.
             
            6.For Senior Management and Material Risk Takers, a proportion of the total compensation must be performance-based. Provisions must be included so that compensation can be reduced or reversed based on realised risks and violations of laws, Regulations, codes of conduct or other policies, before compensation vests.
             
            7.The annual individual bonus for Senior Management and Material Risk Takers must not exceed 100% of the fixed proportion of their total compensation. A higher bonus of up to 150% must be approved by the Board. A bonus of up to 200%) requires approval by the general assembly of the Company.
             
            8.The annual total bonus for all Staff must generally not exceed 5% of the Company's net profit. A higher bonus must be approved by the General Assembly of the Company before disbursement, along with an attestation signed by all members of the Board that the Company is in compliance with all relevant laws and Regulations issued by the Central Bank.
             
          • Article (10): Communications

            1.The Company's Corporate Governance policies and processes must ensure effective engagement with the Central Bank, and that timely and accurate disclosure is made on all material matters regarding the Company, including the financial situation, performance, ownership, and governance of the Company.
             
            2.A Company must publish a comprehensive Corporate Governance statement in a clearly identifiable section of its annual report. In this regard, Corporate Governance statement refers to a periodic, integrated report that clarifies the relations between the operational and functional units of the Company and the resources they use or affect thereon. The main purpose of the Corporate Governance statement is to submit an integrated image about the operational sustainability of the Company.
             
             More frequent disclosure of Corporate Governance matters is encouraged.
             
            3.A Company must include in its Corporate Governance statement, the following, at a minimum:
             
            a.clear, comprehensive and timely information about its compensation practices to facilitate constructive engagement with all stakeholders.
             
            b.details of transactions with Related Parties during the reporting period and the aggregate amount of all Related Party exposures at the end of the reporting period.
             
            c.an attestation in the form of a detailed report must be signed by the chair of the Board (or, in the case of a branch of a foreign Company, the Authorized Manager), confirming that all internal policies required to ensure compliance with the Central Bank's Regulations and Standards on Corporate Governance, risk management, internal controls, compliance, internal audit, financial reporting, external audit, outsourcing and, where applicable, Compliance with Islamic Sharia'ah and internal Sharia'ah audit, have been implemented and reviewed for adequacy by the Board, within the last year. Otherwise, the attestation must specify those requirements not met and the date by which the Company intends to comply fully.
             
          • Article (11): Duties of Senior Management

            1.A Company must have a clearly defined organisational structure and decision-making process with authorities delegated by the Board to Senior Management.
             
            2.Under the direction and oversight of the Board, Senior Management must carry out and manage the Company's activities in a manner consistent with the business strategy, Risk Appetite, compensation and other policies approved by the Board. They must also promote rigorous risk management and internal controls through personal conduct and transparent policies.
             
            3.Senior Management must provide the Board with the information it requires to carry out its responsibilities, including the supervision and assessment of the performance of Senior Management.
             
            4.Senior Management must report and take timely remedial action towards any breach of any applicable laws and Regulations or internal policies, and must maintain adequate and orderly records of the Company.
             
            5.A member of Senior Management may not hold a Staff position in any other entity, neither inside nor outside of the Group, where applicable. A member of Senior Management may hold memberships in the boards of up to two (2) non-insurance entities outside of the Group. In addition, the members of Senior Management, with the exception of chief risk officers and heads of the compliance and internal audit functions, may hold memberships in the boards of entities inside the insurance Group. The member of Senior Management must obtain approval from the Board before accepting nomination to serve on a board in any other entity; and no conflict of interest must be present.
             
            6.The non-objection of the Central Bank must be obtained prior to the appointment or renewal of employment contracts of any member of Senior Management and other persons as determined by the Central Bank from time to time. In all cases, a Company must immediately notify the Central Bank if it becomes aware of any material information that may negatively affect the fit and proper assessment of a member of Senior Management or any other person determined by the Central Bank.
             
            7.
            a.Senior Management are subject to the same requirements as specified in sub-article (5) of Article (5) of this Regulation.
             
            b.Staff, including Senior Management, may not represent on the Board, any of the shareholders of the Company.
             
          • Article (12): Takaful Insurance

            1.A Company offering Takaful Insurance products must ensure that its Corporate Governance framework complies with the Takaful Regulation, and provides for:
             
            a.Internal Shari'ah controls review and Shari'ah governance reporting to ensure compliance with Shari'ah rules;
             
            b.The processes and controls for protecting the rights of the participants in line with the general terms and conditions and Shari'ah requirements;
             
            c.Establishment of the ISSC in the governance of the Company; and
             
            d.Transparency of financial reporting in respect of the participants' rights.
             
            2.A Company offering Takaful Insurance must ensure compliance with the Takaful Regulation and any direction or guidance issued by the Higher Shari'ah Authority with respect to its Shari'ah governance framework.
             
            3.A Company offering Takaful Insurance must immediately notify the Central Bank if it becomes aware of any material information that may negatively affect the fit and proper assessment or independence of an ISSC member.
             
            4.A Company offering Takaful Insurance must issue an annual Shari'ah report stating the extent of the company's Compliance with Islamic Shari'ah and publish it within the financial statement in the Company's disclosures and other available means.
             
          • Article (13) The General Assembly

            1.In all cases, the national shareholding percentage should not be less than the percentage specified in Cabinet Resolution No. (42) of 2009 Concerning Insurance Company Minimum Capital Regulation, as amended;
             
            2.
            a.The Board and shareholders of a Company must ensure that national shareholding is in accordance with the minimum requirements set out in sub-article (1) of Article (13) of this Regulation and shall take reasonable measures to achieve compliance with this minimum requirement.
             
            b.The Board shall ensure that voting decisions of a shareholder, or shareholders, at a general assembly meeting comply fully with the Central Bank Law and Federal Law No. (6) of 2007 Concerning the Organization of Insurance Operations.
             
            3.Companies must inform the Central Bank at the time of the invitation by the Company's Board to a general assembly meeting when a proposed shareholding change is on the agenda.
             
            4.The Central Bank may send one or more representatives to attend a general assembly meeting including when a proposed shareholding change is on the agenda, without having any right to vote. The presence of such representatives shall be stated in the minutes of meeting.
             
            5.
            a.The Central Bank may take all measures it deems appropriate to maintain conduct of operations of Companies, within the frameworks and limits set by the Board of Directors of the Central Bank.
             
            b.The Central Bank may:
             
            1.Request to hold a meeting of a general assembly of the Company to discuss any issue the Central Bank deems important;
             
            2.Request to include any item that the Central Bank deems necessary into the agenda of a general assembly meeting of the Company;
             
            3.Stop the implementation of any decision issued by a general assembly of the Company in the event that it violates the laws or Regulations in force.
             
          • Article (14): Enforcement and Sanctions

            1.Violation of any provision of this Regulation and the accompanying Standards may be subject to supervisory action and sanctions as deemed appropriate by the Central Bank.
             
            2.Without prejudice to the provisions of the Central Bank Law, supervisory action and sanctions by the Central Bank may include withdrawing, replacing or restricting the powers of Senior Management or members of the Board, providing for the interim management of the Company, or barring individuals from the UAE insurance sector.
             
          • Article (15): Interpretation of Regulation

            The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of this Regulation.

          • Article (16): Publication and Application

            1.This Regulation and the accompanying Standards shall be published in the Official Gazette in both Arabic and English and shall come into effect one month from the date of publication.
             
            2.On the effective date of this Regulation, any Company which does not comply with this Regulation and the accompanying Standards, must, within ninety (90) days, provide the Central Bank with a detailed plan for coming into compliance with the requirements herein. The Central Bank will decide on the adequacy of the proposed plan. The plan should not exceed three years to ensure full compliance with requirements of this Regulation.
             
        • Corporate Governance Standards for Insurance Companies

          C 24/2022 STA
          • Introduction

            1.These Standards form part of the Corporate Governance Regulation (Circular No. 24/2022). All Insurance Companies must comply with these Standards, which expand on the Regulation. These Standards are mandatory and enforceable in the same manner as the Regulation.
            2.The Standards follow the structure of the Regulation, with each article corresponding to the specific article in the Regulation.
             
          • 1. Definitions

            1.Affiliate:An entity that, directly or indirectly, controls, is controlled by, or is under common control with another entity. The term control as used herein shall mean the holding, directly or indirectly, of voting rights in another entity, or of the power to direct or cause the direction of the management of another entity.
            2.Authorised Manager:The person appointed by the foreign insurance company to manage its branch in the State.
            3.Board:The Company’s board of directors.
            4.Central Bank:The Central Bank of the United Arab Emirates.
            5.Chief Executive Officer:The most senior executive appointed by the Board, and in the case of foreign branches, this refers to the Authorised Manager.
            6.Company:The insurance company incorporated in the State, and the foreign branch of an insurance company, that is licensed to underwrite primary insurance and reinsurance, including Takaful insurance companies.
            7.Compliance with Islamic Shari’ah:
            Refers to compliance with Shari’ah in accordance with:
            a.resolutions, fatwas, regulations, and standards issued by the Higher Shari’ah Authority in relation to the Company’s activities and businesses (“HSA’s Resolutions”), and
            b.resolutions and fatwas issued by the Internal Shari`ah Supervision Committee (“ISSC”) of the Company, in relation to its activities and businesses (“the Committee’s Resolutions”), provided they do not contradict HSA’s Resolutions.
            8.Conflict of Interest:A situation of actual or perceived conflict between the duty and private interests of a person, which could improperly influence the performance of his/her duties and responsibilities.
            9.Control Functions:Function (whether in the form of a person, unit or department) that has a responsibility in a Company to provide objective assessment, reporting and/or assurance; this includes the risk management, compliance, actuarial, internal audit, and where applicable Shari’ah control and Shari’ah audit functions.
            10.Controlling Shareholder:A shareholder who has the ability to directly or indirectly influence or control the appointment of the majority of the Board, or the decisions made by the Board or by the general assembly of the Company, through the ownership of a percentage of the shares or stocks or under an agreement or other arrangement providing for such influence.
            11.Corporate Governance:A set of relationships between a Company’s Board, Senior Management, customers and other stakeholders; and a structure through which the objectives of the Company are set, and the means of attaining those objectives and monitoring performance are determined.
            12.Duty of Care:The duty to decide and act on an informed and prudent basis with respect to the Company. Often interpreted as requiring a member of the Board to approach the affairs of the Company and policyholders ahead of his/her own interests.
            13.Duty of Confidentiality:The duty to observe confidentiality applies to all information of a confidential nature with which a member of the Board is entrusted by the Company or which is brought to his or her attention during or at any time after the carrying out of his/her assignment.
            14.Duty of Loyalty:The duty to act in the good faith in the interest of the Company. The duty of loyalty should prevent individual members of the Board from acting in their own interest, or the interest of another individual or group, at the expense of the Company and shareholders.
            15.Financial Regulations:Insurance Authority Board of Directors’ Decision number (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and the Insurance Authority Board of Directors’ Decision number (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies.
            16.Fit and Proper Process:The evaluation of a Company’s proposed members of the Board, Senior Management and other persons as determined by the Central Bank from time to time, in terms of expertise and integrity. The specific fit and proper criteria are listed in article 5.20.e.1 of the Standards.
            17.Government:The UAE Federal Government or one of the governments of the member Emirates of the Union.
            18.Group:
            A group of entities which includes an entity (the ‘first entity’) and:
             
            a.any Parent of the first entity;
             
            b.any Subsidiary of the first entity or of any Parent of the first entity;
             
            c.any Affiliate.
            19.Higher Shari`ah Authority:The Higher Shari`ah Authority that was established at the Central Bank.
            20.Independent Member of the Board:A member of the Board who has no relationship with the Company or Group that could lead to benefit which may affect his/her decisions. He/she must not be under any other undue influence, internal or external, ownership or control, which would impede the Independent Member’s exercise of objective judgment. The Independent Member of the Board forfeits his/her independence in the cases specified in Article 5.7 of the Standards.
            21.Material Risk Takers:Staff whose work is deemed to have a significant impact on the overall risk profile of the Company or the Group.
            22.Regulations:Any resolution, regulation, circular, rule, standard or notice issued by the Central Bank.
            23.Relatives:Father, mother, brother, sister, children, spouse, father-in-law, mother-in-law and children of the spouse.
            24.Related Parties:The Group and its Controlling Shareholders, members of the Board and Senior Management (and their Relatives) and persons with control, joint control or significant influence over the Company (and their Relatives).
            25.Related Party Transactions:Include on-balance sheet and off-balance sheet credit exposures and claims as well as dealings such as service contracts, asset purchases and sales, construction contracts, lease agreements, derivative transactions, borrowings, and write-offs. The term transaction incorporates not only transactions that are entered into with Related Parties but also situations in which an unrelated party (with whom a Company has an existing exposure) subsequently becomes a Related Party; disclosures must reflect all Related Party events and transactions for the financial period.
            26.Risk Appetite:The aggregate level and types of risk a Company is willing to assume, within its risk capacity, to achieve its strategic objectives and business plan.
            27.Risk Governance Framework:As part of the overall approach to Corporate Governance, the framework through which the Board and Senior Management establish and make decisions about the Company’s strategy and risk approach; articulate and monitor adherence to the Risk Appetite and risks limits relative to the Company’s strategy; and identify, measure, manage and control risks.
            28.Senior Management:The individuals or body responsible for managing the Company on a day-to-day basis in accordance with strategies, policies and procedures set out by the Board, generally including, but not limited to, the Chief Executive Officer, chief financial officer, chief risk officer, and heads of the compliance and internal audit functions.
            29.State:The United Arab Emirates.
            30.Subsidiary:
            An entity (the 'first entity') is a subsidiary of another entity (the 'second entity') if the second entity:
             
            a.holds a majority of the voting rights in the first entity;
             
            b.is a shareholder of the first entity and has the right to appoint or remove a majority of the Board of directors or managers of the first entity; or
             
            c.is a shareholder of the first entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the first entity; or
             
            d.if the first entity is a subsidiary of another entity which is itself a subsidiary of the second entity.
            31.Staff:All the persons working for a Company including the members of Senior Management, except for the members of its Board.
            32.Takaful Insurance:A collective contractual arrangement aiming at achieving cooperation among a group of participants against certain risks whereby each participant pays certain contribution amount to form an account called the participants' account through which entitled compensations are paid to the member in respect of whom the risk has realized. The Takaful Insurance company shall manage this account and invest the funds collected therein against certain compensation.

             

          • 2. Corporate Governance Framework

            1.A Company’s organisational structure must be transparent and support the strategic objectives and operations of the Company. The Board and Senior Management must understand the structure and the risks associated with it.
             
            2.The Board must act in the best interests of its various stakeholders while meeting regulatory expectations. Treating customers fairly and policyholder protection must be an integral part of a Company’s governance and corporate culture.
             
            3.Branches of foreign Companies must establish local governance structures, such as a Senior Management committee or equivalent, that fulfill the responsibilities of a Board required by these Standards. Branches must ensure their Control Functions are operating effectively. Branches must establish Control Functions that are robust, report to the local management structures and are accountable to the Group’s heads of Control Functions. The local management structure of the branch must take steps, as necessary, to help the branch meet its own Corporate Governance responsibilities in line with the Regulation and Standards. It is the responsibility of the local governance structures to ensure that local legal and regulatory requirements are implemented and, where appropriate, make adjustments where the Group structures conflicts with a provision of these Standards.
             
            4.Group Structure:
             
            a.In order to fulfil its responsibilities, the Board must ensure that:
            1.There is a Corporate Governance framework at the Group level, with clearly defined roles and responsibilities, taking into account the complexity and significance of the individual entities;
             
            2.There is an appropriate Group management structure and internal control framework which takes into account the material risks to which the Group and its individual entities are exposed;
             
            3.The Group’s Corporate Governance framework includes adequate policies, processes and controls, and addresses risk management across the entities;
             
            4.The Group’s Corporate Governance framework includes appropriate processes and controls to identify and address potential intragroup Conflicts of Interest, such as those arising from intragroup transactions;
             
            5.There are Board-approved policies and clear strategies for establishing new structures and legal entities, which ensure that they are consistent with the policies and interests of the Group;
             
            6.There are effective systems in place to facilitate the exchange of information and coordination among the various entities, to manage the risks of the individual entities as well as of the Group as a whole, and to ensure effective control of the Group;
             
            7.There are sufficient resources to monitor the compliance of all entities with all applicable legal, regulatory and governance requirements; and
             
            8.There is an effective internal audit function, and in the case of a Company offering Islamic financial services, an effective internal Shari`ah audit function, which ensures audits are being performed on all Group entities and the Group itself.
             
            b.While the Board of the Company must conduct strategic, Group-wide risk management and prescribe corporate risk profiles, the Company’s management and Affiliate boards must have appropriate input into their local or regional application and the assessment of local risks. It is the responsibility of the Companies’ boards, or equivalent in the case of foreign branches, to assess the compatibility of the Group policies with local legal and regulatory requirements.
             
            c.The Board and Senior Management must take into account the financial, legal, reputational and other risks to the Company from operating through complex or non-transparent structures. Measures to avoid or mitigate these risks include, but are not limited to:
             
            1.Avoiding setting up complex structures that lack economic substance or business purposes;
             
            2.Continually maintaining and reviewing appropriate policies, procedures and processes governing the approval and maintenance of those structures or activities, including fully vetting the purpose, the associated risks and the Company’s ability to manage those risks prior to setting up new structures and initiating associated activities;
             
            3.Having a centralised process for approving the creation of new legal entities and dissolution of dormant entities based on established criteria, including the ability to monitor and fulfil each entity’s regulatory, tax, financial reporting, governance and other requirements;
             
            4.Establishing adequate procedures and processes to identify and manage all material risks arising from these structures, including lack of management transparency, operational risks introduced by interconnected and complex funding structures, intragroup exposures, trapped collateral and counterparty risk, ensuring that structures are only approved if the material risks can be properly identified, assessed and managed; and
             
            5.Ensuring that activities and structures are subject to regular internal and external audit reviews and Shari`ah audit reviews in case of providing Takaful Insurance products.
             
            5.The Board must have a formal written Conflict of Interest policy for its members. The policy must include the following, at a minimum,:
             
             
            a.Duties of the members of the Board to avoid, to the extent possible, activities that could create Conflicts of Interests or the appearance of Conflicts of Interests;
             
            b.Examples of how Conflicts of Interest can arise when serving as a member of the Board;
             
            c.A process for management of Conflicts of Interests by the Board or an ethics committee, where one exists;
             
            d.A Board review and approval process applicable to members of the Board before they engage in specific activities, such as serving on another Board, to ensure that such activities will not create a Conflict of Interest;
             
            e.A process to prevent members from holding directorships in other Companies;
             
            f.A member of the Board’s duty to promptly disclose any matter that may result, or has already resulted, in a Conflict of Interest;
             
            g.A member of the Board’s duty to abstain from voting on any matter where the member of the Board may have a Conflict of Interest (existing or potential) or where the member of the Board’s objectivity or ability to properly fulfil duties to the Company may be otherwise compromised;
             
            h.Procedures to ensure that transactions with Related Parties must be undertaken on an arm’s length basis; and
             
            i.The way the Board will deal with non-compliance with the Conflict of Interest policy.
             
            6.Transactions with Related Parties must not be undertaken on more favourable terms than corresponding transactions with non-related counterparties.
             
            7.Companies must have policies and processes in place to identify individual exposures to and transactions with Related Parties, as well as the total amount of such exposures; and monitor and report on them through an independent credit review or audit process. Exceptions to policies, processes and limits must be reported to the appropriate level of the Company’s Senior Management and, if necessary, to the Board for timely action, based on the stipulations of the policy. Senior Management must monitor Related Party Transactions on an ongoing basis, and the Board must also provide oversight of these transactions.
             
            8.The Board must ensure that transactions with Related Parties (including intragroup transactions) are reviewed to assess risk and are subject to appropriate restrictions (e.g. by requiring that such transactions be conducted on arm’s length terms) and that corporate or business resources of the Company are not misappropriated or misapplied.
             
            9.Transactions with Related Parties and the write-off of related-party exposures are subject to prior approval by the Company’s Board. Members of the Board with Conflicts of Interest must be excluded from the approval process for granting and managing Related Party Transactions. Companies must report any breaches promptly to the Central Bank. The Central Bank may impose additional capital and/or provisioning requirements to cover any such breaches.
             
            10.Companies must have policies and procedures in place to prevent persons benefiting from a transaction that has an existing or potential Conflict of Interest and/or persons related to such a person, from being part of the process of granting and managing the transaction.
             
            11.Companies must maintain a register of Related Parties and details of every Related Party Transaction.
             
          • 3. Oversight and Management Responsibilities

            1.The Board must provide oversight of Senior Management. It must hold members of Senior Management accountable for their actions and document the consequences if these actions are not aligned with the Board’s expectations. This oversight involves ensuring that Senior Management is adhering to the Company’s values, Risk Appetite and risk culture. Oversight by the Board should include, but is not limited to:
             
             
            a.Monitoring Senior Management’s actions to ensure that they are consistent with the strategic objectives and policies approved by the Board and are aligned with the Company’s Risk Appetite;
             
            b.Overseeing implementation of the Company’s governance framework and reviewing it annually to ensure that it remains appropriate in the light of any material changes to the Company’s size, complexity, business strategy, markets and regulatory requirements;
             
            c.Overseeing the Company’s adherence to its Risk Appetite and Risk Limits;
             
            d.Overseeing the Company’s approach to Board and Staff compensation, including monitoring and reviewing executive compensation and assessing whether it is aligned with the Company’s culture and Risk Appetite;
             
            e.Meeting regularly with Senior Management;
             
            f.Critically reviewing and challenging explanations and information provided by Senior Management;
             
            g.Setting appropriate performance and compensation standards for Senior Management consistent with the long-term strategic objectives and the financial soundness of the Company;
             
            h.Assessing whether Senior Management’s collective knowledge and expertise remain appropriate given the nature of the business and the Company’s risk profile; and
             
            i.Actively engaging in succession planning for the Chief Executive Officer and ensuring that appropriate succession plans are in place for all Senior Management positions.
             
            2.The Board should review the Company’s policies and procedures on a regular basis to ensure that they are being implemented by those responsible within Senior Management. The Board should obtain reports from Senior Management in this regard, at least annually.
             
            3.The responsibilities of the Board in this regard include, but are not limited to:
             
             
            a.Determining the Company’s Risk Appetite, taking into account the competitive and regulatory landscape and the Company’s long-term interests, risk exposures and ability to manage risk effectively;
             
            b.Approving and overseeing the implementation of key policies including, but not limited to, liquidity , capital adequacy, technical provisions and solvency margin;
             
            c.Overseeing the appointment of the external auditor;
             
            d.Approving the annual financial statements and requiring periodic independent review of critical areas of the business and internal controls;
             
            e.Approving the selection of and overseeing the performance of Senior Management;
             
            f.A Takaful Company must demonstrate full Compliance with Islamic Shari’ah and establish a sound and effective Shari`ah governance framework with key mechanisms and functionalities to ensure effective and independent Shari`ah oversight, as per the requirements of the Takaful Regulation and any other requirements set by the Central Bank and the Higher Shari`ah Authority.
             
          • 4. Corporate Culture, Business Objectives and Strategy

            1.The Board is responsible for the implementation of an effective risk management culture and internal control framework across the Company and the Group. In order to promote a sound corporate culture, the Board must establish the “tone from the top” by:
             
             
            a.Setting and adhering to corporate values that create the expectation that all business must be conducted in a legal and ethical manner, and overseeing the adherence to such values by Staff;
             
            b.Promoting risk awareness within a strong risk culture, and setting the expectation that all Staff are responsible for ensuring that the Company operates within the established Risk Governance Framework, Risk Appetite and Risk Limits;
             
            c.Ensuring that appropriate steps have been taken to communicate throughout the Company the corporate values, professional standards and codes of conduct approved by the Board, together with supporting policies; and ensuring that Staff are aware that appropriate disciplinary or other actions will follow unacceptable behaviours and breaches.
             
            2.The Company’s corporate culture must recognise the critical importance of timely and frank discussion and escalation of problems to higher levels. Staff must be encouraged and must be able to communicate legitimate concerns about illegal, unethical and/or questionable practices confidentially and without the risk of reprisal.
             
            3.The Board must approve and oversee a whistleblowing policy mechanism and ensure that Senior Management appropriately addresses legitimate issues flagged through the whistleblowing mechanism. The Board is responsible for ensuring that Staff who raise concerns are protected from detrimental treatment or reprisals. The Board must oversee and approve how and by whom legitimate matters are investigated and that they are addressed by an objective internal or external body, Senior Management, and/or by the Board itself.
             
            4.A Company must have a written code of conduct for Staff that defines acceptable and unacceptable behaviours. It must explicitly prohibit illegal activity including fraud, breach of sanctions, money-laundering, anti-competitive practices, bribery and corruption, and the violation of consumer rights. It must make clear that Staff are expected to conduct themselves ethically and perform their jobs with skill, due care and diligence. The code of conduct covers, at a minimum:
             
             
            a.The obligation to comply with all Regulations and the Company policies.
             
            b.Prevention and management of Conflicts of Interest.
             
            c.Guidance on decision-making.
             
            d.Reporting mechanisms on any breach of applicable laws and Regulations, and protection for whistle blowers from retaliation.
             
            e.Fair treatment of policyholders.
             
            f.Information sharing with stakeholders.
             
          • 5. Structure and Governance of the Board

            1.A Company’s Board must be comprised of individuals with a balance of skills, diversity and expertise, who collectively possess qualifications commensurate with the size, complexity and risk profile of the Company. In assessing its collective suitability, the factors a Board should take into account include, but are not limited to:
             
             
            a.Whether members of the Board have a range of knowledge and experience in relevant areas and varied backgrounds to promote diversity of views;
             
            b.Relevant individual areas of competence which may include, but are not limited to, capital markets, financial analysis, financial stability, financial reporting, information technology, strategic planning, risk management, compensation, regulation, Corporate Governance, management, accounting, underwriting, actuarial, reinsurance, investment, audit and Shari`ah rules and principles in the case of a Takaful Company;
             
            c.Whether the Board collectively has a good understanding of local, regional and global economic and market forces and of the legal and regulatory environments applicable to the Company’s operations; and
             
            d.Whether individual members of the Board can contribute to effective communication, collaboration and critical debate at the meetings of the Board and its committees.
             
            2.The Board must have well-defined powers, including the ability to obtain timely information from Senior Management and key persons in Control Functions, in order to manage the Company.
             
            3.The Board must have documented procedures for its own internal governance which must be periodically reviewed and assessed for their effectiveness. These may be included in organisational rules or by-laws, and should set out how the Board will carry out its roles and responsibilities, the nomination process, selection and removal of Board members, a specified term of office and succession planning.
             
            4.The Board must be adequately funded and have access to resources, staff and facilities in order to carry out its responsibilities effectively. The Board must have documented procedures to access external, independent experts including procedures related to their appointment and dismissal.
             
            5.Where the Board makes any delegations, it should ensure that:
             
             
            a.The delegation does not hinder the Board from discharging its roles and responsibilities effectively.
             
            b.The scope of delegation is well defined in terms of the powers, accountabilities and procedures related to the delegation.
             
            c.There is no undue concentration of powers, giving anyone inappropriate levels of power capable of affecting the Company.
             
            d.It has the ability to monitor and obtain reports on whether the delegated tasks are properly carried out.
             
            e.It retains the ability to withdraw the delegation if it is not properly discharged, and to have contingency plans in this regard.
             
            6.Members of the Board, individually and collectively, must be and continue to remain qualified for their positions. Members of the Board must understand their oversight and Corporate Governance role and be able to exercise sound, objective judgement about the affairs of the Company. Members of the Board must not have any Conflict of Interest that may impede their ability to perform duties independently and objectively, or be subject to any undue influence from:
             
             
            a.Other persons/business;
             
            b.Previous or current positions held; or
             
            c.Personal, professional or other economic relationships with other members of the Board or Senior Management, or
             
            d.Other entities within the Group.
             
            7.A member of the Board shall lose his/her independence in the following cases:
             
             
            a.If his/her tenure as an Independent Member of the Board in the same Company exceeds twelve (12) consecutive years from the date of his or her appointment. This provision applies equally to persons appointed by a Government shareholder;
             
            b.If he/she, or any of his/her Relatives, has worked as Staff of the Company, or its Subsidiaries during the past two (2) years;
             
            c.If he/she has worked for, or is a partner, in a company that performs consulting works for the Company or its Group or he/she has acted in such capacity during the past two (2) years;
             
            d.If he/she has had any personal services contracts with the Company or its Group during the past two (2) years;
             
            e.If he/she has been affiliated with any non-profit organisation that receives significant funding from the Company or its Group;
             
            f.If he/she, or any of his/her Relatives, has been a partner or employee of the Company’s auditor during the past two (2) years;
             
            g.If he/she, or any of his/her Relatives, has or had a direct or indirect interest in the contracts and projects of the Company or its Subsidiaries during the past two (2) years, and the total of such transactions exceeds the lower of 5% of the Company’s paid capital or of the amount of five million Dirhams or its equivalent amount in a foreign currency, unless such relationship is part of the nature of the Company’s business and involves no preferential terms; and
             
            h.If he/she and/or any of his/her Relatives (individually or collectively) own directly or indirectly 10% or more of the Company’s capital or is a representative of a shareholder who owns directly or indirectly more than 10% of the Company’s capital.
             
             The provisions in items b to h above do not apply to members of the Board appointed by a Government shareholder.
             
            8.All nominated members of the Board must have sufficient competence, knowledge and experience to effectively carry out their duties and be subject to the Fit and Proper Process.
             
            9.An ex-ante review and approval process must be completed before a member of the Board accepts nomination to serve on another board as permitted by the Corporate Governance Regulation and these Standards, so as to ensure that the activity will not create a Conflict of Interest. In addition, each member of the Board must confirm annually that he/she has sufficient time available to manage the time commitments required from the role on the Board.
             
            10.The chair of the Board must provide leadership to the Board and is responsible for its overall effectiveness. The chair must ensure that Board decisions are taken on a sound and well-informed basis, encourage and promote critical discussion, and ensure that dissenting views can be freely expressed during the decision-making process. The chair must:
             
             
            a.Ensure that the Board acts efficiently, fulfils its responsibilities and discusses all issues on a timely basis;
             
            b.Approve the agenda of each Board meeting, ensuring that the content, organisation, quality of documentation and time allocated to each topic allows for sufficient discussion and decision making;
             
            c.Encourage all Members of the Board to fully and efficiently participate in Board meetings in order to ensure that the Board acts in the best interests of the Company;
             
            d.Adopt suitable procedures to ensure efficient communication with the shareholders, and the communication of their views to the Board; and
             
            e.Facilitate the effective participation of Independent Members of the Board and the development of constructive relations between individual Board members.
             
             A Takaful Company must safeguard an effective independent oversight of Compliance with Islamic Shari’ah within the organisational framework.
             
            11.The majority of the members of the Board must be present at each Board and its committees’ meetings to establish a quorum. Attendance at meetings must be by physical presence or via audio or audio-videoconferencing subject to appropriate safeguards to preserve confidentiality and accuracy of deliberations.
             
            12.The Board’s and its committees’ resolutions must be approved by the majority of votes. In the case of parity, the Chair shall have a casting vote.
             
            13.There must be effective communication and coordination between the audit committee and the risk committee to facilitate the exchange of information and effective coverage of all risks, including emerging risks, and any needed adjustments to the Company’s Risk Governance Framework. The risk committee must, without prejudice to the tasks of the compensation committee, examine whether incentives provided by the remuneration system take into consideration risk, capital, liquidity and the likelihood and timing of earnings.
             
            14.The Board must ensure that new members of the Board participate in an appropriate induction programme that must include an introduction to the strategy, structure, codes of conduct, main policies and material businesses of the Company. In addition, the induction programme must include an overview of the regulatory environment applicable to the Company, including the requirements of all relevant laws and Regulations.
             
            15.The Board must dedicate sufficient time, budget and other resources to an ongoing training and development programme for its members and draw on external expertise, as needed. The Board must review annually its programme for ensuring that its members acquire, maintain and enhance knowledge and skills relevant to their responsibilities.
             
            16.The Board, or the Board nomination committee, must carry out, at least annually, an assessment of the Board as a whole, its committees, and individual members. The Board must also ensure that an independent assessment is carried by an external third party at least once every five (5) years.
             
            17.Annual assessments of the Board must include, but are not limited to:
             
             
            a.Reviewing the structure, size and composition of the Board as a whole and its committees;
             
            b.Reviewing the effectiveness of Board governance procedures, determining where improvements are needed and making any necessary changes; and
             
            c.Assessing the ongoing suitability of each member of the Board, taking into account the fit and proper criteria and his/her performance on the Board.
             
            18.Factors to be considered in the assessment of the Board as a whole include, but are not limited to:
             
             
            a.Has the Board set clear performance objectives, and how well has it performed against these objectives?
             
            b.Has the Board been effective in the strategy development process?
             
            c.What has been the Board’s contribution to ensuring effective risk management?
             
            d.Is the membership of the Board appropriate with the right mix of skills and knowledge?
             
            e.Is the organisational structure and interaction between the Board and Senior Management working effectively?
             
            f.How well has the Board responded to problems and challenges?
             
            g.Is the Board dealing with the right issues?
             
            h.Is the relationship between the Board and its committees working effectively?
             
            i.Is the Board taking the necessary steps to stay up to date with regulatory and market developments?
             
            j.Is the Board taking the necessary steps to acquire timely information of the right depth and quality?
             
            k.Are Board meetings of the right frequency and length to enable proper consideration of issues?
             
            l.Is the content of the agenda appropriate for the size, nature and complexity of the Company?
             
            m.Are Board procedures adequate for effective performance?
             
            19.Factors to be considered in the assessment of the performance of individual members of the Board include, but are not limited to:
             
             
            a.Does the member of the Board continue to meet the requirements of the Fit and Proper Process, and in the case of Independent Members of the Board, independence?
             
            b.Has the member of the Board actively contributed to the work of the Board, and if applicable, Board committees?
             
            c.If newly appointed, has the member of the Board participated in the Board’s induction programme?
             
            d.Has the member of the Board participated in ongoing training on relevant issues?
             
            e.Is the member of the Board taking the necessary steps to stay up to date with regulatory and market developments?
             
            f.Has the member missed meetings of the Board without an excuse acceptable by the Board?
             
            20.COMMITTEES:
             
            a.The Board elects the audit committee and sets its mandate and responsibilities, including, but not limited to:
             
             
            1.Assessing the adequacy of Senior Management, and the extent of their application of the Board’s directions.
             
            2.Assessing and following up on the efficiency of the internal controls, through:
             
            a.Holding regular meetings with persons who are primarily responsible for internal controls over financial reporting, including but not limited to the heads of internal audit, risk management and accounting functions.
             
            b.Mitigating key financial reporting risks through discussing controls with Senior Management, including fraud risks.
             
            c.Understanding how Senior Management plans to assess internal controls and what role internal audit and other Related Parties will play.
             
            d.Understanding the external auditors' scope and plan to test the controls.
             
            e.Conducting regular meetings with Senior Management, internal and external audit to discuss findings and relevant action plans.
             
            3.Assessing the extent of compliance with relevant laws and Regulations.
             
            4.Nominating external auditors to be selected by the general assembly; terminating their services, when required; and determining their fees.
             
            5.Effectively overseeing and supporting the internal audit function, that incudes, but is not limited to:
             
            a.Understanding internal audit resources.
             
            b.Being involved in hiring the head of internal audit, evaluating his/her performance, and verifying the sufficiency of his/her compensation.
             
            c.Reviewing the internal audit's charter annually, and approving any changes to the charter.
             
            d.Approving the annual internal audit plan and reviewing the recommendations issued by the internal auditor.
             
            6.Approving the appointment and dismissal of the head of internal audit.
             
            7.Following up on the recommendations made by internal and external audit and the Central Bank.
             
            8.Overseeing the integrity and accuracy of the financial statements and related disclosures, that includes:
             
            a.Taking an active role in overseeing annual and interim financial statements and related disclosures.
             
            b.Assessing whether the significant accounting policies the company uses are reasonable and appropriate. This includes discussions with the chief financial officer and external auditors about the impact on the results and financial disclosures of any new accounting development.
             
            c.Assessing and making submissions to the Board regarding the suitability of the Company’s accounting policies. This includes discussions with the chief finance officer or equivalent and the external auditors about the impact on the results and financial disclosures of any changes to accounting standards and policies.
             
            d.Reporting to the Board, any limitations in the reliability of accounting and financial processes, including management information systems.
             
            9.Meeting with internal and external auditors and appointed actuaries at least twice a year, without the presence of representatives from Senior Management.
             
            10.Enabling Staff to report in confidentiality, any violation concerning the financial statements or internal controls, and producing a report to the Board in this regard.
             
            11.To report to shareholders by preparing a report to be included in the annual financial statements describing how the committee carried out its functions, confirming the independent nature of the audit, and commenting on the financial statements, accounting practices and internal financial control measures of the Company.
             
            12.Ensuring integrated reporting to the Central Bank (integrating financial and sustainability reporting, to the extent that it is relevant). At a minimum, the audit committee should provide the following information in the integrated report:
             
            a.A summary of the role of the audit committee;
             
            b.A statement on whether or not the audit committee has adopted a formal terms of reference that has been approved by the Board, and if so, whether the committee satisfied its responsibilities for the year in compliance with its terms of reference;
             
            c.The names and qualifications of all members of the audit committee during the period under review, and the period for which they served on the committee;
             
            d.The number of audit committee meetings held during the period under review and members’ attendance at these meetings;
             
            e.A statement on whether or not the audit committee considered and recommended the internal audit charter for approval by the Board;
             
            f.A description of the working relationship with the chief audit executive;
             
            g.Information about any other responsibilities assigned to the audit committee by the Board;
             
            h.A statement on whether the audit committee complied with its legal, regulatory and/or other responsibilities; and
             
            i.A statement on whether or not the audit committee has reviewed the integrated report and submitted the report to the Board with a recommendation for approval.
             
            b.The Board elects a risk management committee and sets its mandate and responsibilities including, but not limited to:
             
             
            1.Proposing the Company's risk management policies, risk tolerance and Risk Appetite to the Board for approval, and to follow up on their implementation and update them on an annual basis. The committee should ensure that risk assessments are performed regularly, monitor the whole risk management process, and receive assurance from internal and external assurance providers regarding the effectiveness of the risk management process.
             
            2.Assessing and making submissions to the Board regarding the Company’s risk management through:
             
            a.Satisfying itself with regard to the expertise, resources and experience of the risk management function;
             
            b.Meetings with individuals who are primarily responsible for the design, implementation and effectiveness of risk management, as well as continual risk monitoring; and
             
            c.Meeting regularly with management to discuss the controls in place to: assume and accept risk, avoid risk, control risk, transfer risk, watch and monitor risk, amongst other things.
             
            3.Proposing the Company's reinsurance strategy and ensuring appropriate oversight and consistent implementation of reinsurance programmes. The committee should consider the Company’s business objectives, levels of capital and business lines, with particular reference to the following:
             
            a.Risk Appetite;
             
            b.Large exposures and frequency of perils;
             
            c.Level of diversification; and
             
            d.The ability of reinsurers to fulfill their obligations.
             
            4.Assessing the extent to which the Company applies the provisions contained in the Financial Regulations, and submitting reports to the Company’s Board in this regard.
             
            5.Without prejudice to the tasks of the compensation committee, proposing a compensation policy for management that is aligned to the business strategy and risk levels.
             
            6.Ensuring detailed job descriptions for the roles, duties, and responsibilities of each Board member, and that controls for measuring their performance are in place.
             
            c.The Board elects from among its members an investment committee, and sets its mandate and responsibilities including, but not limited to:
             
             
            1.Preparing and reviewing the investment policy, reviewing its performance, implementation and managing its risks, on an annual basis.
             
            2.Reviewing the performance of the Company's assets annually.
             
            3.Submitting quarterly reports to the Board on the performance of the Company's investment portfolio.
             
            4.Establishing the necessary controls to prevent investments in related companies, unless it is proven that this is in the interest of the Company; maintain relevant information, documents, restrictions and studies in this regard.
             
            d.The Board elects from among its members a compensation committee, and sets its mandate and responsibilities including, but not limited to:
             
             
            1.Providing the Board with the design and oversight of the Company’s compensation system.
             
            2.Periodically reviewing the compensation policies and determining if they are appropriate to each Board member and the Staff.
             
            3.Preparing a policy for granting allowances and incentives to Senior Management.
             
            4.Reviewing the performance of Senior Management.
             
            e.The Board elects from among its members a nomination committee, and sets its mandate and responsibilities, including, but not limited to:
             
             
            1.Identifying, assessing fitness and propriety of candidates for the Board and Senior Management. Fit and proper criteria must ensure that selected candidates:
             
            a.Possess the necessary knowledge, skills, and experience;
             
            b.Have a record of integrity and good repute;
             
            c.Have sufficient time to fully discharge their responsibilities;
             
            d.Provide for collective suitability and added value to the Board/ Senior Management;
             
            e.Do not have any Conflict of Interest; and
             
            f.Have a record of financial soundness.
             
             Before providing the non-objection for nominations, appointments or renewals, the Central Bank will conduct additional interviews and/or background checks to ensure that the candidates are fit and proper, including assessing their ability to manage the time commitments required for their role in the Company, and confirm the accuracy and completeness of the information and documentation provided by the Company.
             
             
             
            2.Establishing a policy to require at least 20% of candidates for consideration for the Board to be female. Information on the policy and actual numbers of female candidates’ consideration and representation on the Board must be disclosed in the Company’s annual Corporate Governance statement.
             
          • 6. Duties of Individual Board Members

            1.Members of the Board are fully responsible for the overall interests of the Company. This applies to members of the Board representing or appointed by an individual shareholder or group of shareholders. The Duty of Loyalty precludes individual members of the Board acting in their own interest, or the interest of another individual or group, at the expense of the Company, its policyholders or shareholders. Policyholders’ interests must take precedence over shareholders’ interests.
             
            2.Members of the Board must exercise their Duty of Care, Duty of Confidentiality and Duty of Loyalty to the Company when carrying out their activities, which include, but are not limited to:
             
            a.Actively engaging in the affairs of the Company to ensure strategy and policies are implemented as designed as well as acting in a timely manner to protect the long-term interests of the Company;
             
            b.Overseeing the development of and approving the Company’s business objectives and strategy, and monitoring their implementation;
             
            c.Playing a lead role in establishing the Company’s corporate culture and values.
             
          • 7. Duties Related to Risk Management and Internal Controls

            1.The Board approved Risk Governance Framework must incorporate a “three lines of defense” approach including Senior Management of the business lines, the functions of risk management, actuarial and compliance, and an independent and effective internal audit function. In the case of a Takaful Company, independent and effective internal Shari`ah Control and internal audit functions must be in place.
             
            2.The Risk Governance Framework may vary with the specific circumstances of the Company, particularly its risk profile, size, business mix and complexity. Companies must incorporate the minimum requirements specified in the Central Bank Regulations and Standards on risk management and internal controls.
             
            3.The internal controls framework must contain the following elements, at a minimum:
             
             
            a.Empowering Senior Management according to the organisational structure, commensurate to the nature of the Company, which clearly defines lines of communication and responsibilities for each unit in the Company.
             
            b.Segregation of duties, along with separation between managing risks and supervising the management of such risks.
             
            c.Written procedures accredited by the Board for applying and reviewing information technology strategies, in a manner that guarantees the provision of information to decision makers in a timely manner, along with a crisis management strategy.
             
            4.A Company shall set up a documented internal control system approved by its Board in line with the Company’s business and volume, and it shall be supported by information systems that ensure the accuracy of such information. This system shall be reviewed periodically by the internal audit, external audit and actuarial auditors to ensure its compliance with the legal framework in force and to assess its effectiveness and adequacy.
             
            5.The internal auditor shall assess the effectiveness and adequacy of the internal controls system and the company’s operations, to make sure that the Company operates in compliance with the legal framework and within the strategic objectives of the Company. A report in this regard along with the relevant recommendations must be submitted to the audit committee.
             
            6.Governance requirements for risk management and internal controls are contained in separate Regulations issued by the Central Bank.
             
          • 8. Duties Related to Compensation

            1.The compensation committee is responsible for the overall oversight of management’s implementation of the compensation system for the entire Company. In addition, the compensation committee must regularly monitor and review outcomes to assess whether the Company-wide compensation system is creating the desired incentives for managing risk, capital and liquidity. It must have clear terms of reference, be properly constituted to exercise competent and independent judgement on the Company’s compensation policies and practices and work closely with the Company’s risk committee in the evaluation of incentives created by the compensation system. The committee must review the compensation plans, processes and outcomes, at least annually. An independent assessment of the compensation system by an external third party must be conducted at least once every five (5) years.
             
            2.The Board must have oversight of the compensation system for the whole Company, not just for Senior Management. The compensation structure must be in line with the strategy, Risk Appetite, objectives, values and long-term interests of the Company. Incentives embedded within compensation structures should not incentivise Staff to take excessive risk.
             
            3.Issues that the compensation committee of the Board must consider in overseeing the operation of Company-wide compensation policies include, but are not limited to:
             
            a.the ratio and balance between the fixed (basic salary and any routine employment allowances that are predetermined and not linked to performance) and variable components of compensation;
             
            b.the nature of the duties and functions performed by the relevant Staff and their seniority within the Company;
             
            c.the assessment criteria against which performance-based components of compensation are to be awarded; and
             
            d.the integrity and objectivity of the process of performance assessment against the set criteria.
             
            4.The annual fixed amount paid to the members of the Board should be comprised of payment for their service on the Board and for their participation on Board committees, with greater weighting applied to members chairing committees. The payment may also include the value of other non-monetary benefits, e.g. insurance and healthcare. The agreement with each member of the Board must specify all the details of his/her compensation.
             
            5.Negative financial performance or net loss reported by a Company in a financial year should generally lead to a contraction of the Board’s total compensation and Senior Management bonus. The Central Bank may impose additional reductions to the Board’s total compensation where the negative financial performance was due to non-compliance with laws or Regulations, omission or error by the Board. In addition, a net loss reported by a Company in a financial year is expected to lead to a contraction of the Staff bonus pool.
             
            6.Staff in the Control Functions of risk management, compliance and internal audit and in the case of Takaful Companies, Shari`ah control and Shari’ah audit, must be compensated in a way that makes their incentives independent of the lines of business whose risk taking they monitor and control. Instead, their performance measures and performance incentives must be based on achievement of their own objectives so as not to compromise their independence. This also applies to the compliance function staff embedded in independent support or control units.
             
            7.If Staff in the Control Functions receive variable compensation, their total compensation must be made up of a higher proportion of fixed relative to variable compensation.
             
            8.Companies must identify, both on a solo basis and at the Group level, the Staff who have the potential to take or commit the Company to significant risk, including reputational and other forms (Material Risk Takers), and consider the extent to which the structure of their compensation is effectively risk aligned. The identification must be performed by means of an annual assessment and based primarily on control and influence over risk; i.e. Staff who receive incentive compensation and have an ability, either alone or as a member of a group of Staff, to take or influence risk that is significant to the Company. These may include, but are not limited to:
             
            a.Senior Management and key Staff (including but not limited to the Chief Executive Officer and other members of Senior Management who are responsible for oversight of the Company’s key business lines and, if applicable, the Control Functions).
             
            b.Staff whose duties involve the assumption of risk or the taking on of exposures on behalf of the Company (including but not limited to proprietary traders, dealers, and loan officers).
             
            c.Staff who engage in the design, sales and management of insurance products.
             
            d.Staff who are incentivised to meet certain quotas or targets by payment of variable remuneration (including, but not limited to, those in marketing, sales and distribution functions).
             
            e.Staff in the Control Functions.
             
            9.For Senior Management and Material Risk Takers:
             
            a.a proportion of compensation must be variable and paid on the basis of individual, business-unit and Company-wide measures that adequately measure performance;
             
            b.a substantial portion of the variable compensation must be payable under deferral arrangements over at least three (3) years. These proportions should increase significantly along with the level of seniority and/or responsibility. For Senior Management and the most highly paid staff, the percentage of variable compensation that is deferred should be substantially higher than other Staff;
             
            c.a portion of variable compensation may be awarded in shares or equivalent ownership interests or share-linked or equivalent non-cash instruments in the case of non-listed Companies, as long as these instruments create incentives aligned with long-term value creation and the time horizons of risk. Awards in shares or share-linked instruments must be subject to an appropriate share retention policy; and
             
            d.The remaining portion of the deferred compensation can be paid as cash compensation vesting gradually. In the event of negative financial performance or net loss of the Company and/or the relevant line of business in any year during the vesting period, any unvested portions should be clawed back, subject to the realised performance of the Company and the business line.
             
            10.Contractual payments related to the termination of employment should be examined to ensure there is a clear basis for concluding that they are aligned with long-term value creation and prudent risk-taking; any such payments must be related to performance achieved over time and designed in a way that does not reward failure.
             
            11.Where the Company makes any severance payments, such payments must be subject to appropriate governance, limits and controls, and should relate to performance over time. Severance payment must not reward failure or potential failure of the Company.
             
            12.Companies are encouraged to follow best international practices in sound compensation, Including the guidance provided by the Financial Stability Board in its issued Principles and Standards on Sound Compensation Practices as updated from time to time.
             
          • 9. Financial Reporting and External Audit

            1.Governance requirements for financial reporting and external audit must be adhered to as stipulated in the Financial Regulations, Insurance Authority’s Board of Directors’ Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, information and any separate Regulations issued by the Central Bank in this regard.
             
            2.The Board is responsible for overseeing the necessary controls to ensure the soundness and accuracy of the financial reports, including:
             
            a.Overseeing the financial statements, financial reporting and disclosure process.
             
            b.Assessing the effectiveness of the accounting policies and practices.
             
            c.Overseeing the internal audit process (reviews by internal audit of the Company’s financial reporting controls) and reviewing the internal auditor’s plans and material findings.
             
            d.Significant findings and observations regarding the weakness in the financial reporting process are promptly rectified. This should be supported by a formal process for reviewing and monitoring the implementation of recommendations by the external auditor.
             
            e.Reporting to the Central Bank on significant issues regarding the financial reporting process, and the remedial action taken in this regard.
             
            3.The Board is responsible for ensuring the sound governance and oversight of the external audit process, including:
             
            a.Approving, recommending, appointing, reappointing, dismissing and determining the compensation of the external auditor.
             
            b.Ensuring the independence of the external auditor through robust processes to ensure that the appointed external auditor has the necessary knowledge, skills, expertise, integrity and resources to conduct the audit and meet any additional regulatory requirements.
             
            c.Assessing the effectiveness of the external audit.
             
            d.Investigating circumstances of resignation or removal of the external auditor, and reporting the same to the Central Bank.
             
            4.The Board must ensure an effective relationship with the external auditor, through:
             
            a.Setting clear and adequate terms of engagement of the external auditor, along with a defined scope of work and resources required to conduct the audit. For this purpose the Board must ensure that the terms of engagement of the external auditor are clear and appropriate to the scope of the audit and resources required to conduct the audit and specify the level of audit fees to be paid.
             
            b.An undertaking by the external auditor that the audit is going to be conducted according to the applicable legislation and international standards.
             
            c.Ensuring that the external auditor complies with internationally acceptable ethical and professional standards.
             
            d.Ensuring that there are adequate policies to ensure the independence of the external auditor, including restrictions and conditions for the provision of non-audit services which are subject to approval by the Board, periodic rotation of members of the audit team and/or audit firm and the provision of safeguards to eliminate or reduce to an acceptable level identified threats to the independence of the external auditor.
             
            e.Ensuring that there is unrestricted access to information or persons to conduct the audit.
             
            5.The Board must have effective communication with the external auditor, including scope and timing of the audit to understand the nature of risk. The Board should hold regular meetings with the external auditor without the presence of Senior Management, and all internal audit weaknesses must be identified and communicated.
             
            6.The Company must provide the Central Bank with the external auditor’s report.
             
            7.The external auditor must promptly report to the Central Bank without the prior consent of the Company on all matters that are likely to be of material significance, such as breaches of applicable legislation, fraud or the suspicion of fraud.
             
          • 10. Communications

            1.Disclosures in the annual Corporate Governance statement must include, but not be limited to, information on the following:
             
            a.Material information on the Company’s objectives, organisational and governance structures and policies;
             
            b.Major share ownership and voting rights;
             
            c.Related Party Transactions;
             
            d.The recruitment approach for the selection of members of the Board and for ensuring an appropriate diversity of skills, backgrounds and viewpoints;
             
            e.Education and experience of members of the Board and key members of Senior Management;
             
            f.Type and composition of Board and its committees; the number of times they met and attendance records;
             
            g.Incentive and compensation policy including the decision-making process used to determine the Company-wide compensation policy, the most important design characteristics of the compensation system and aggregate quantitative information on compensation;
             
            h.The individual compensation of the members of the Board and key members of Senior Management;
             
            i.Individual board membership in any other companies;
             
            j.Information on the policy as to, and actual figures of, female candidates’ consideration and representation on the Board;
             
            k.Key points concerning its risk exposures and risk management strategies without breaching necessary confidential;
             
            l.Information on the purpose, strategies, structures, and related risks and controls of material and complex or non-transparent activities;
             
            m.Forward looking statements and foreseeable risk factors; and
             
            n.In the case of Takaful Companies, Annual Shari`ah Reports on the compliance with Shari`ah rules and the resolutions of the Higher Shari`ah Authority, or any other disclosures required by the Company or the Higher Sharia Authority.
             
            2.Where useful, Companies may make reference to the information contained in the financial statements’ notes.
             
            3.Qualitative and quantitative disclosure requirements on compensation to be published annually in a Company’s Corporate Governance statement must include the following information for Board members, Senior Management and Material Risk Takers:
             
            a.Description of the main elements of their compensation system and how the system has been developed;
             
            b.Fixed and variable compensation awarded during the financial year;
             
            c.Special Payments: guaranteed bonuses, sign-on awards and severance payments;
             
            d.Deferred compensation;
             
            e.Any sanctions imposed on any Board member by a national or foreign judicial or supervisory authority that is relevant to the matters stated herein.
             
            4.Boards should approve and publicly disclose a statement providing assurance that the Corporate Governance arrangements of their Companies are adequate and efficient.
             
            5.The Company’s communication policies and strategies should cater for providing the Central Bank with any commercially sensitive information in a timely and efficient manner. Such information may include assessments by the Board of the effectiveness of the Company’s governance system, internal audit reports, information on the compensation structures adopted by the Company for the Board, Senior Management, Control Functions and Material Risk Takers.
             
          • 11. Duties of Senior Management

            1.Senior Management is responsible and accountable to the Board for compliance, fair treatment of policyholders, record keeping and for the sound and prudent day-to-day management of the Company in accordance with the Company’s corporate culture, business objectives and strategies for achieving those objectives. The organization, procedures and decision-making of Senior Management must be transparent and provide clarity on the role, authority and responsibility of the various positions within Senior Management.
             
            2.Consistent with the direction given by the Board, Senior Management must implement business strategies, risk management systems, risk culture, processes and controls for managing the risks to which the Company is exposed in alignment with the Risk Appetite. This includes comprehensive and independent risk management, compliance and audit functions as well as an effective overall system of internal controls. Senior Management must recognise and respect the independent duties of the risk management, compliance and internal audit functions, and in the case of a Company offering Islamic financial services, Shari`ah compliance and audit functions, and must not interfere with the exercise of such duties.
             
            3.Senior Management must provide oversight of those they manage, and ensure that the Company’s activities are consistent with the business strategy, Risk Appetite and the policies approved by the Board. Senior Management is responsible for delegating duties to Staff and must establish a management structure that promotes accountability and transparency throughout the Company.
             
            4.Senior Management must provide the Board with comprehensive and timely reports to enable it to effectively discharge its responsibilities, including the oversight of Senior Management. Information that Senior Management must regularly provide to the Board includes, but is not limited to:
             
            a.Performance relative to the Company’s strategy and Risk Appetite;
             
            b.Performance against budget and other financial targets, and the financial condition of the Company;
             
            c.Breaches of Risk Limits or compliance rules categorised by frequency, scope and impact;
             
            d.Internal control failures;
             
            e.Legal or regulatory concerns and remedial actions taken or proposed;
             
            f.Current and developing market conduct issues, including a semi-annual analysis on client complaints and inquiries;
             
            g.Issues raised as a result of the Company’s whistleblowing mechanism;
             
            h.Breaches of Shari`ah rules and principles in the case of a Takaful Company; and
             
            i.Proposed changes in Company strategy.
             
            5.An ex-ante review and approval process must be completed before a member of Senior Management accepts nomination to serve on a board as permitted by the Regulation so as to ensure that the activity will not create a Conflict of Interest. In addition, each member of Senior Management must confirm annually that he/she has sufficient time available to manage the time commitments required for their role in the Company.
             
            6.A Company is prohibited from terminating the services of a member of the Senior Management because of their compliance with the law, decisions, regulations, instructions and circulars issued pursuant thereto.
             
      • Risk Management and Internal Control

        • Risk Management and Internal Controls Regulation for Insurance Companies

          The Board of Directors

          Having perused Decretal Federal Law No. (14) of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities as amended;

          Federal Law No. (6) of 2007 Concerning the Organization of Insurance Operations, as amended, and its Executive Regulations;

          Insurance Authority Board of Directors' Decision No. (49) of 2019 Concerning Instructions for Life Insurance and Family Takaful Insurance;

          Insurance Authority Board of Directors' Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and Insurance Authority Board of Directors' Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies;

          Insurance Authority Board of Directors' Resolution No. (11) of 2016 Concerning the Revision of the Pricing Policy Applied by a Company in the Classes of Property and Liability Insurance;

          Insurance Authority Board of Directors' Decision No. (9) of 2017 Concerning the Regulations on Licensing and Registration of Actuaries and Regulation of their Operations;

          Insurance Authority's Board of Directors' Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, information and Supervisory Reports;

          The Central Bank of the UAE's Board of Directors' Resolution published in the Official Gazette issue No. (740) on 30 November 2022 Regulation Regarding Takaful Insurance; and

          Based on the recommendation of the Governor and the approval of the Board of Directors;

          Has resolved as follows:

          • Objective

            The objective of this Regulation is to establish the Central Bank's minimum requirements for Companies' approach to Risk Management and Internal Controls with a view to:
             
            a.Ensuring the safety and soundness of Companies; and
             
            b.Contributing to the financial stability of the UAE.
             
          • Scope of Application

            This Regulation and the accompanying Standards apply to all Companies. Companies established in the UAE with Group relationships including Subsidiaries, Affiliates, or international branches, must ensure that the Regulation and Standards are adhered to on a solo and Group-wide basis.

            The Central Bank will apply the principle of proportionality in the enforcement of the Regulation and Standards, whereby smaller Companies may demonstrate to the Central Bank that the objectives are met without necessarily addressing all of the specifics cited therein. The Central Bank will decide on the extent to which a Company is expected to meet the requirements.

          • Article (1): Definitions

            1.Actuaries' Regulation: Insurance Authority Board of Directors Decision No. (9) of 2017 Concerning the Regulations on Licensing and Registration of Actuaries and Regulation of their Operations.
             
            2.Affiliate: An entity that, directly or indirectly, controls, is controlled by, or is under common control with another entity. The term control as used herein shall mean the holding, directly or indirectly, of voting rights in another entity, or of the power to direct or cause the direction of the management of another entity
             
            3.Authorized Manager: The person appointed by the foreign insurance company to manage its branch in the State.
             
            4.Board: The Company's board of directors.
             
            5.Central Bank: The Central Bank of the United Arab Emirates.
             
            6.Chief Executive Officer: The most senior executive appointed by the Board, and in the case of foreign branches, this refers to the Authorized Manager.
             
            7.Central Bank Laws: Decretal Federal Law No. (14) of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities, as amended; and Federal Law No. (6) of 2007 Concerning the Organization of Insurance Operations, as amended and its Executive Regulations.
             
            8.Company: The insurance company incorporated in the State, and the foreign branch of an insurance company, that is licensed to underwrite primary insurance and reinsurance, including Takaful insurance companies.
             
            9.Conflict of Interest: A situation of actual or perceived conflict between the duty and private interests of a person, which could improperly influence the performance of his/her duties and responsibilities.
             
            10.Confidential Data: Account or other data relating to a Company customer, who is or can be identified, either from the Confidential Data, or from the Confidential Data in conjunction with other information that is in, or is likely to come into, the possession of a person or organization that is granted access to the Confidential Data.
             
            11.Control Functions: Function (whether in the form of a person, unit or department) that has a responsibility in a Company to provide objective assessment, reporting and/or assurance; this includes the risk management, compliance, actuarial, internal audit and where applicable Shari'ah control and Shari'ah audit functions.
             
            12.Enterprise Risk Management (ERM): The strategies, policies and processes of identifying, assessing, measuring, monitoring, controlling, reporting and mitigating risks in respect of the Company's enterprise as a whole.
             
            13.Financial Regulations: Insurance Authority Board of Directors' Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and the Insurance Authority Board of Directors' Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies.
             
            14.Group: A group of entities which includes an entity (the 'first entity') and:
             
            a.any Parent of the first entity;
             
            b.any Subsidiary of the first entity or of any Parent of the first entity;
             
            c.any Affiliate.
             
            15.Internal Controls: A set of processes, polices and activities governing a Company's organizational and operational structure, including reporting and Control Functions.
             
            16.Life Insurance Regulation: Insurance Authority Board of Directors' Decision No. (49) of 2019 Concerning Instructions for Life Insurance and Family Takaful Insurance.
             
            17.Material Business Activity: An activity of the Company that has the potential, if disrupted, to have a significant impact on the Company's business operations or its ability to manage risks effectively.
             
            18.Matter of Significance: A matter, or group of matters, that would have a significant impact on the activities or financial position of the Company. Examples include failure of preserving the assets of the Company and policyholders, failure to comply with Central Bank Laws/the Financial Regulations, major deviations from the Risk Appetite and or other matters that are likely to be of significance to the function of the Central Bank as regulator.
             
            19.Master System of Record: The collection of all data, including Confidential Data, required to conduct all core activities of a Company, including the provision of services to policyholders, managing all risks, and complying with all legal and regulatory requirements.
             
            20.Model: A quantitative method, system, or approach that applies statistical, economic, financial, or mathematical theories, techniques, and assumptions to process input data into quantitative estimates.
             
            21.Outsourcing: An arrangement between a Company and a service provider, whether the service provider operates within or outside the UAE, for the latter to perform a process, service or activity which would otherwise be performed by the Company itself.
             
            22.Own Risk and Solvency Assessment (ORSA): an internal process undertaken by a Company/ Group to assess the adequacy of its Risk Management and current and prospective solvency positions under normal and severe stress scenarios. It requires a Company to analyze all reasonably foreseeable and relevant material risks. It covers current and future risks and requires Company-specific judgment about risk management and the adequacy of their capital position that could have an impact on it's ability to meet both its business objectives as well as its policyholder obligations. This encourages management to anticipate potential business challenges, capital needs and to take proactive steps to reduce risks. ORSA is not a one-off exercise. It is a continuously evolving process and must be a component of a Company's Enterprise Risk Management (ERM) framework. Whilst there is not one specific way of conducting an ORSA, the output is expected to be a set of documents that demonstrate the results of management's proactive approach to its own self-assessment.
             
            23.Parent: An entity (the 'first entity') which:
             
            a.holds a majority of the voting rights in another entity (the 'second entity');
             
            b.is a shareholder of the second entity and has the right to appoint or remove a majority of the Board or managers of the second entity; or
             
            c.is a shareholder of the second entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the second entity; or
             
            d.if the second entity is a subsidiary of another entity which is itself a subsidiary of the first entity.
             
            24.Pricing Regulation: Insurance Authority Board of Directors' Resolution No. (11) of 2016 Concerning the Revision of the Pricing Policy Applied by a Company in the Classes of Property and Liability Insurance.
             
            25.Regulations: Any resolution, regulation, circular, rule, standard or notice issued by the Central Bank.
             
            26.Risk Appetite: The aggregate level and types of risk a Company is willing to assume, within its risk capacity, to achieve its strategic objectives and business plan
             
            27.Risk Governance System: As part of the overall approach to Corporate Governance, the framework through which the Board and Senior Management establish and make decisions about the Company's strategy and risk approach; articulate and monitor adherence to the Risk Appetite and Risks Limits relative to the Company's strategy; and identify, measure, manage and control risks.
             
            28.Risk Culture: The set of norms, values, attitudes and behaviors of a Company that characterizes the way in which it conducts its activities related to risk awareness, risk taking and risk management and controls.
             
            29.Risk Limits: Quantitative measure based on a Company's Risk Appetite, which gives clear guidance on the level of risk to which the Company is prepared to be exposed and is set and applied in aggregate or individual units such as risk categories or business lines.
             
            30.Risk Profile: Point in time assessment of the Company's gross and, as appropriate, net risk exposures aggregated within and across each relevant risk category based on forward looking assumptions.
             
            31.Risk Management: The process through which risks are managed allowing all risks of a Company to be identified, assessed, monitored, mitigated (as needed) and reported on a timely and comprehensive basis.
             
            32.Senior Management: The individuals or body responsible for managing the Company on a day-to-day basis in accordance with strategies, policies and procedures set out by the Board, generally including, but not limited to, the Chief Executive Officer, chief financial officer, chief risk officer, and heads of the compliance and internal audit functions.
             
            33.Solvency Capital Requirement: Funds that the Company must maintain to cover current and projected operations during the next twelve months, which are measured to ensure that all quantitative risks have been taken into account.
             
            34.Staff: All the persons working for a Company including the members of Senior Management, except for the members of its Board.
             
            35.State: The United Arab Emirates.
             
            36.Stress Testing: A method of assessment that measures the financial impact of stressing one or more factors which could severely affect the Company.
             
            37.Subsidiary: An entity (the 'first entity') is a subsidiary of another entity (the 'second entity') if the second entity:
             
            a.holds a majority of the voting rights in the first entity;
             
            b.is a shareholder of the first entity and has the right to appoint or remove a majority of the Board of directors or managers of the first entity; or
             
            c.is a shareholder of the first entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the first entity; or
             
            d.if the first entity is a subsidiary of another entity which is itself a subsidiary of the second entity.
             
            38.Takaful Insurance: A collective contractual arrangement aiming at achieving cooperation among a group of participants against certain risks whereby each participant pays certain contribution to form an account called the participants' account through which entitled compensations are paid to the member in respect of whom the risk has realized. The Takaful Insurance Company shall manage this account and invest the funds collected therein against certain compensation.
             
            39.Takaful Regulation: The Central Bank of the UAE's Board of Directors' Resolution published in the Official Gazette issue No. (740) on 30 November 2022 Regulation Regarding Takaful Insurance, as amended from time to time.
             
          • Article (2): Systems of Risk Management and Internal Controls

            1.A Company must have comprehensive and effective systems of Risk Management and Internal Controls that provide a Company-wide and, if applicable, Group-wide view of all material risks to which they are or could be exposed, and their interdependencies. This includes strategies, policies, processes, procedures, and controls to identify, assess, measure, monitor, control, report and mitigate material sources of risk, on a timely basis. A Company's definition and assessment of material risks must take into account its Risk Appetite, Risk Profile, nature, size and the complexity of its business and structure.
             
            2.The Board must be in control of the Company and bears ultimate responsibility for ensuring that there are effective systems of Risk Management and Internal Controls appropriate to the Risk Profile, nature, size and complexity of the Company's business and structure
             
            3.Senior Management is responsible for the implementation of sound policies, effective procedures and robust systems consistent with Board-approved systems of Risk Management and Internal Controls. The Board remains ultimately accountable, notwithstanding specific responsibilities delegated to Senior Management
             
            4.A Company's organisational structure must incorporate a "three lines of defence" approach comprising of :
             
            a.The business lines;
             
            b.The risk, actuarial and compliance functions;
             
            c.Independent internal audit function.
             
            5.The Board must provide oversight of Senior Management. It must hold members of Senior Management accountable for their actions if they are not aligned with the Company's strategy and objectives.
             
            6.Companies who have Group relationships must ensure the following:
             
            a.Companies, for which the Central Bank is the primary regulator, who have significant Group relationships including Subsidiaries, Affiliates, or international branches must develop and maintain processes to coordinate the identification, assessment, measurement, evaluation, monitoring, reporting and control or mitigation of all internal and external sources of material risks across the Group. The process must provide the Board with a solo and Group-wide view of all material risks, including the roles and relationships of other Group entities to one another and to the Company.
             
            b.The methods and procedures applied by Subsidiaries, Affiliates and international branches must support Risk Management on a Group-wide basis. Companies must conduct Group-wide Risk Management and prescribe Group policies and procedures, while Boards and Senior Management of Subsidiaries and Affiliates must have input with respect to the local and regional application of these policies and procedures and the assessment of local and regional risks.
             
          • Article (3): Effective Risk Management System

            1.A Company's Risk Management system must be designed to operate at all levels to allow for the identification, assessment, monitoring, measuring, controlling, reporting and mitigating of all risks of the Company in a timely manner. It must take into account the probability, potential impact and time horizons of risk. An effective Risk Management system must include the following elements:
             
            a.A documented Risk Management strategy, including a clearly defined Risk Appetite statement that is Board-approved, which mustbe in line with the Company's business activities.
             
            b.Allocation of responsibilities for managing risks.
             
            c.A documented process for the Board's approval for any deviation from the Risk Appetite.
             
            d.Policies containing all material risks that the Company is exposed to and the levels of acceptable Risk Limits. The policies describe the obligations of Staff members in dealing with risk, including risk escalation and risk mitigation tools.
             
            e.Processes and tools including Stress Testing, scenario analysis and Models for identifying, assessing, measuring, monitoring, controlling reporting and mitigating risks, along with contingency plans.
             
            f.Regular reviews of the Risk Management system.
             
            g.An effective Risk Management function.
             
            2.The Risk Management system must cover, at a minimum underwriting, reserving, asset-liability management, investments, liquidity, reinsurance, concentration of risk, operational risk, risk-mitigation techniques and conduct of business. It must also cover the risks to be included in the calculation of the Solvency Capital Requirement as set out in the Financial Regulations as well as the risks which are not, or not fully, included in the calculation thereof.
             
            3.In developing the Risk Management system, the following matters must be taken into consideration:
             
            a.The Risk Profile of the Company must be modified according to circumstances, which requires incorporating new risks and updating the information related to risks that are already identified. The changing expectations of policyholders and other stakeholders must be taken into consideration.
             
            b.Material changes, specifically that affect the Risk Profile, to the Risk Management system must be approved by the Board, documented and made available to internal audit, external audit and the Central Bank.
             
            c.The Risk Management system must incorporate a feedback loop that provides for a process of assessing the effect of changes in risk leading to changes in Risk Management policy, Risk Limits and risk mitigating actions. Within a Group, sufficient coordination between the Parent and its Subsidiaries and Affiliates must be available, as part of their feedback loop
             
            4.Where the Central Bank is not the primary regulator of a Company that is part of a Group and any element of its comprehensive approach to Risk Management is controlled or influenced by another entity in the Group, the Company's Risk Management system must specifically take into account risks arising from the Group relationship and clearly identify:
             
            a.Linkages and any significant differences between the Company's and the Group's Risk Governance System.
             
            b.Whether the Company's Risk Management function is derived wholly or partially from Group Risk Management functions.
             
            c.The process for monitoring by, or reporting to, the Group on Risk Management.
             
            5.As part of its Risk Management system the Company shall conduct its Own Risk and Solvency Assessment (ORSA) which must be conducted by the Risk Management function. That assessment must include at least the following:
             
            a.The overall solvency needs, taking into account the specific risk profile, approved risk tolerance limits and the business strategy of the Company. The Company shall demonstrate the methods used in that assessment.
             
            b.The compliance, on an ongoing basis, with the capital requirements, as set out in the Financial Regulations;
             
            c.The compliance, on an ongoing basis, with the requirements regarding technical provisions, as laid out in the Financial Regulations;
             
            d.The significance with which the risk profile of the Company deviates from the assumptions underlying the Solvency Capital Requirement as laid down in the Financial Regulations. Companies must take an active assessment of whether changes in the standard Model are consistent with their actual exposures;
             
            e.The completion of the ORSA which must be an integral part of the business strategy and business planning process and must be taken into account on an ongoing basis in the strategic decisions of the Company and without any delay following any significant change in the Company's Risk Profile;
             
            f.The reporting to the Central Bank of the results of each ORSA at the same time as it submits the Company's annual business plan in accordance to the timetable published by the Central Bank.
             
            g.The reporting to the Central Bank of any additional requirements concerning (ORSA) which may be imposed pursuant to Regulations/decisions to be issued by the Central Bank in this regard.
             
          • Article (4): Effective System of Internal Controls

            1.The Internal Controls system must ensure effective operations, adequate control of risks, prudent conduct of business, reliability of financial and non-financial information reported, compliance with Central Bank Laws and other relevant laws, Regulations and supervisory requirements and the Company's internal rules and decisions. It must cover all units and activities and must be regularly assessed, reviewed by the Board or the Board audit committee and updated as necessary. It must include appropriate control structure with control activities defined at every business unit level, as they must own, manage and report risks and must be accountable for establishing and maintaining effective Internal Controls policies and procedures. Control Functions must assess the adequacy of the controls used by the business units. The Internal Controls system must contain, at a minimum, the following components:
             
            a.Segregation of duties and measures to prevent Conflicts of Interest, as follows:
             
            1.Adequate independence and clear separation of duties and reporting lines between the persons who are responsible for certain processes or policies, and those who verify that the processes or policies are being applied.
             
            2.Adequate independence, and clear separation of duties and reporting lines between those who design or operate certain controls and those who check if the controls are effective.
             
            b.Policies and processes:
             
            1.Incorporate adequate controls for all key business processes and policies, including processes for taking major business decisions and approving transactions, critical information technology functionalities, cyber security, access to critical information technology infrastructure by employees and related third parties and important legal and regulatory obligations.
             
            2.Incorporate policies on training on controls, especially for Staff undertaking roles requiring elevated trust or responsibility, or Staff involved in the oversight of high-risk activities.
             
            3.Centralised documented key processes and policies and their corresponding controls.
             
            c.Information and communication:
             
            1.All Staff must be fully aware of the requirements to comply with the Company's Internal Controls system.
             
            2.The necessary information for decision making must be made available to decision makers in a timely manner, including, but not limited to, financial, operational, compliance and market information.
             
            d.Monitoring and review:
             
            1.Processes must be checked on a regular basis by the internal audit function to ensure that controls are effective.
             
            2.The Internal Controls system must be assessed on a regular basis by the internal audit function, to determine its efficiency and effectiveness.
             
            e.Reporting on the Internal Controls system must reference the policy for Internal Controls (such as responsibilities, compliance levels, validation and implementation of remediation plans), the stage of development, the performance of the business units, and deficiencies in application.
             
            2.The Board must understand the control environment and direct Senior Management to ensure that for each business process and policy, there is an appropriate control. The Board must ensure the allocation of responsibilities for the design, documentation and operation of Internal Controls.
             
            3.
            a.For branches of foreign Companies, a senior management committee or equivalent must be in place that consists of local functionaries. These internal Control Functions should report directly to their entity-level counterpart and/or to the board and/or relevant committees.
             
            b.Local functionaries stated in the aforementioned paragraph (a) may not undertake more than one Control Function.
             
          • Article (5): Control Functions

            1.A Company must have effective Control Functions with the necessary independence, authority and resources covering Risk Management, internal audit, compliance and actuarial. The effectiveness of the Control Functions must be assessed periodically by the Board.
             
            2.The existence of a control function does not relieve the Board and Senior Management of their responsibilities.
             
            3.Control functions must be well resourced, with qualified staff who must receive regular training relevant to their roles.
             
            4.Control Functions must an have appropriate level of authority. The head of the control function must not participate in operational business responsibilities, such as underwriting, investment, reinsurance, sales or accounting.
             
            5.The head of each control function must have access to the Board or the Board risk and/or audit committees and must submit periodic reports on the matters determined by the Board. The head of each control function must be able to meet regularly with the chair of any relevant Board committee without the presence of management.
             
            6.Duties of the Board related to Control Functions include:
             
            a.The Board must approve and document the authority and responsibilities of Control Functions, which must be reviewed periodically based on the recommendation of each Control Function.
             
            b.The Board or the relevant Board committee must approve the appointment, dismissal, compensation, performance and any disciplinary action taken against the heads of Control Functions.
             
            c.The Company must not dismiss the heads of Control Functions without first obtaining the no-objection of the Central Bank.
             
            7.Compensation of employees in the Control Functions must be determined independently of the performance of the Company.
             
            8.Control Functions must avoid Conflicts of Interest. Where any conflicts remain and cannot be resolved with Senior Management, these must be brought to the attention of the Board for resolution.
             
          • Article (6): Risk Management Function

            1.The Risk Management system must address the following:
             
            a.A Company must have an effective Risk Management function to identify, assess, measure monitor, control, report and mitigate its key risks in a timely manner and to promote and sustain a sound Risk Culture.
             
            b.The Risk Management function is responsible for assisting the Board, Board committees and Senior Management with developing and maintaining the Risk Governance System.
             
            c.A Company must have an adequately resourced Risk Management function headed by a Chief Risk Officer (CRO) or equivalent. The function must be independent of the management and decision-making of the Company's risk-taking functions.
             
            2.The Risk Management function must have direct access to the Board and/or the Board risk committee and must provide them with reports on the following matters, at a minimum:
             
            a.Assessment of risk positions, exposures and the steps being taken to manage them;
             
            b.Assessment of changes in the Company's Risk Profile relative to Risk Appetite, including the ORSA;
             
            c.Assessment of pre-defined Risk Limits;
             
            d.Risk Management issues resulting from strategic affairs such as corporate strategy, mergers, acquisitions, major projects and investments;
             
            e.Assessment of risk events and the identification of appropriate remedial actions and the assessment of results after implementation.
             
            3.In developing the Risk Management system the following must be considered:
             
            a.The head of the Risk Management function, the CRO or equivalent, must be of sufficient seniority and stature within the Company, to credibly challenge the heads of business lines and functions. The head of the Risk Management function must have the authority and obligation to inform the Board romptly of any circumstance that may have a material effect on the Risk Management system of the Company.
             
            b.Outsourced activities must remain fully in scope of the Company's Risk Management responsibilities.
             
          • Article (7): Risk Measurement & Use of Models

            1.A Company must have systems, including information technology capabilities, which are commensurate with the Risk Profile, nature, size and complexity of its business and structure, in order to identify, measure and monitor risk.
             
            2.The Board must have sufficient expertise to understand and oversee the risk measurement systems, including any use of Models.
             
            3.Where a Company uses Models to measure components of risk, it must have appropriate internal processes for the development and approval of use of such Models and must perform regular and independent validation and testing of the Models. The Board remains ultimately accountable whether the approval for use of such Models is provided by the Board or through authority delegated to management.
             
          • Article (8): Stress Testing of Material Risks

            1.A Company must implement a forward-looking Stress Testing programme as part of its comprehensive approach to Risk Management. Extreme, but plausible, adverse scenarios for a range of material risks must be included in the Stress-Testing programme, commensurate with the size of the Company's risk exposures. The results of the Stress Testing programme must be reflected on an ongoing basis in the Company's risk management, in order to help the Company in maintaining an awareness of the impact of the stresses on its financial position, including contingency planning and the Company's internal assessment of its capital and liquidity.
             
            2.A Company's internal process for assessing capital and liquidity requirements must take into account the nature and level of risks taken by the Company. In addition to the specific risks identified by the Central Bank in the Financial Regulations, a Company must consider all other material risks.
             
          • Article (9): Compliance Function

            1.A Company must have an effective compliance function in order to fulfil its legal and regulatory obligations and to promote and sustain a compliance culture. The compliance function must establish and maintain appropriate mechanisms and activities to identify, assess, report on and address key legal and regulatory obligations, conduct training on key legal and regulatory obligations, facilitate confidential reporting and conduct assessments on matters related to compliance.
             
            2.The Board is ultimately responsible for creating a corporate culture that is based on honesty, integrity and a commitment to comply with all relevant legislation, regulations and Internal Controls. Such commitment must be reflected in the code of conduct of the Company.
             
            3.A Company must have a Board-approved compliance policy that is communicated to all members of Staff specifying the purpose, standing, and authority of the compliance function within the Company, and if applicable the Group.
             
            4.The compliance function must have access to and provide written reports to the Board and Senior Management on matters related to compliance risks, including but not limited to:
             
            a.Assessment of the key compliance risks the Company faces and the steps being taken to ddress them;
             
            b.Assessment of how the various parts of the Company such as divisions, major business units, and products are performing against compliance standards and goals;
             
            c.Any compliance issues involving management or persons in positions of major responsibility within the Company, and the status of any associated investigations or other actions being taken; and
             
            d.Material compliance violations or concerns involving any other person or unit of the Company and the status of any associated investigations or other actions being taken.
             
            5.The Head of the compliance function must have primary reporting obligations to the Chief Executive Officer and must have direct access to the Board and/or Board audit and/or risk committee. The head of the compliance function must have access to the Chair of the Board to report any delay on rectifying any material noncompliance issues.
             
            6.The Staff within the compliance function must be adequate, competent and collectively have the appropriate experience to ensure that compliance risk within the Company is managed effectively.
             
            7.Outsourced activities must remain fully in scope of the Company's compliance responsibilities.
             
            8.The compliance function must prepare and regularly update a compliance risk programme that sets out its planned activities. The activities of the compliance function must be subject to periodic and independent review by the internal audit function.
             
          • Article (10): Actuarial Function

            a.A Company must have an effective and independent actuarial function capable of evaluating and providing advice regarding, at a minimum, technical provisions, premium and pricing adequacy, solvency, capital adequacy and reinsurance, so as to contribute to the effective implementation of the risk management system to satisfy all of the actuarial requirements pursuant to the following, as amended from time to time:
             
            1.Federal Law No. (6) of 2007 Concerning On the Organization of Insurance Operations, as amended and its Executive Regulations;
             
            2.The Financial Regulations;
             
            3.The Actuaries' Regulation;
             
            4.The Pricing Regulation;
             
            5.The Takaful Regulation;
             
            6.The Life Insurance Regulation; and
             
            7.Any other regulation or requirement issued by the Central Bank.
             
            b.The Company's actuarial function must have primary reporting obligations to the Chief Executive Officer and a right of access to the Board or the Board audit committee and/or Board risk committee.
             
          • Article (11): Internal Audit Function

            1.A Company must have an effective internal audit function that provides the Board/Board audit committee and Senior Management with independent evaluation and assurance of the adequacy and effectiveness of the Internal Controls system, Risk Management, compliance and other elements of the corporate governance framework.
             
            2.Internal audit must also use general and specific audits, reviews and testing, in respect of:
             
            a.Preserving the assets of the Company and policyholders, preventing fraud and misappropriation of assets, and assessing the effectiveness of the controls in place in this regard;
             
            b.Assessing the reliability and efficiency of the accounting, financial, risk and compliance reporting information and the effectiveness of the controls in place; and
             
            c.Other matters requested by the Board.
             
            3.The internal audit function must be independent from management or any other Control Functions, and report directly to the Board or the Board audit committee, and must be able to meet with them without the presence of Senior Management, as needed.
             
            4.The internal audit function must be independent of the audited activities and have sufficient standing and authority within the Company, thereby enabling the internal audit function to carry out its responsibilities and main activities as specified in the accompanying Standards, in an independent manner.
             
            5.The Board must ensure that the internal audit function has the authority to:
             
            a.Communicate with all members of Staff and obtain all records, files or data of the Company, and if applicable Group and Affiliates, whenever relevant to the performance of its duties.
             
            b.Initiate a review of any area consistent with its mission; and
             
            c.Require management's response to any audit report, and details on the remedial action taken.
             
            6.The internal audit function must cover within its scope of work, all material areas of risk, including underwriting, reserving, asset-liability management, investments, liquidity, reinsurance, concentration of risk, operational risk, risk-mitigation techniques and conduct of business, intra-group transaction(if any), compensation and timeliness of reporting. The Internal audit function must have full access to and communication with any member of Staff, as well as full access to records, files or data of the Company, and if applicable, the Group and Affiliates, whenever relevant to the performance of its duties.
             
            7.The Internal Controls within a Company must address the following:
             
            a.Outsourced activities must remain fully in scope of the Company's internal audit responsibilities.
             
            b.The internal audit function must regularly review and report to the Board, or the Board audit committee, on compliance with and the ffectiveness of the Company's outsourcing policies and procedures.
             
            8.Any findings and recommendations of the internal audit function must be reported to the Board and/or audit committee, which shall review what actions are to be taken with respect to each of the internal audit findings and recommendations and must ensure that those actions are carried out.
             
            9.The Staff within the internal audit function must be adequate, competent and collectively have the appropriate experience to understand and evaluate all of the business activities, support and Control Functions of the Company, and if applicable, the Group.
             
            10.The head of internal audit must ensure that the function complies with the Institute of Internal Auditors' (IIA) international Standards for the Professional Practice of Internal Auditing.
             
            11.Companies must have an internal audit charter approved by the Board audit committee, that articulates the purpose, standing and authority of the internal audit function within the Company, and if applicable, the Group.
             
            12.Senior Management must inform the internal audit function, on a timely basis, of any changes to the Company's, or if applicable, the Group's, Risk Governance System.
             
            13.Senior Management must ensure that timely and appropriate actions are taken on all internal audit findings and recommendations.
             
          • Article (12): Outsourcing

            1.The Risk Governance System must address the following matters:
             
            a.Companies' Risk Governance Systems must include policies and procedures for the assessment of any proposed Outsourcing and the identification, assessment measurement, monitoring, controlling, reporting and mitigating of any risks associated with existing and proposed Outsourcing arrangements.
             
            b.The Risk Governance System must provide an entity-wide or, if applicable, Group-wide view of the risks associated with Outsourcing, including any services the Company provides to, or receives from, other Group members.
             
            c.Companies must maintain a comprehensive and updated register of all Outsourcing arrangements, including all material and non-material Outsourcing arrangements, on an entity and group-wide basis.
             
            2.When a Company is Outsourcing, it must ensure that the following measures are in place, at a minimum:
             
            a.Any outsourced Material Business Activity or function must be subject to oversight, accountability, review and assessment in the equivalent manner that non-outsourced activities or functions are. Outsourcing must not adversely affect the Company's ability to manage its risks.
             
            b.A Company is fully responsible for the risks arising from any process or activity they outsource.
             
            c.A Company must have a process for determining the materiality of outsourced activities. The process of identifying Material Business Activity must consider the potential of the outsourced activity to adversely affect the Company's operations and its ability to manage risks, if disrupted or performed poorly.
             
            d.Companies must obtain the 'no objection' of the Central Bank prior to outsourcing any Material Business Activity.
             
            3.The Board and Senior Management are ultimately responsible for any outsourced functions or activities. The Board must assess the ability of the Company's Risk Management and Internal Controls to manage the outsourced risks effectively in respect of business continuity.
             
            4.Outsourced activity must be governed by written contracts that state the parties' rights and obligations. The Board and Senior Management must consider when outsourcing an activity, the effects of the Company's Risk Profile, the service provider's expertise, knowledge, governance, Risk Management, Internal Controls, financial viability along with the succession issues upon the ending of the contractual relationship with the service provider.
             
            5.A Company is responsible for compliance with Central Bank Laws and Regulations and all other relevant laws and regulations applicable to their outsourced activities.
             
            6.The compliance function must regularly review and report to Senior Management, or to the Board as necessary, on the compliance of Outsourcing service providers with the laws, regulations and policies applicable to the Company.
             
            7.When Outsourcing outside the State:
             
            a.The Master System of Record, which includes all Confidential Data, must be ontinuously maintained and stored within the State.
             
            b.As an exception to paragraph (12.7.a) above and subject to Central Bank approval, branches of foreign Companies may comply with this requirement by retaining a copy of the Master System of Record, updated on at least a daily basis, within the State.
             
            c.A Company's customers' Confidential Data must not be shared outside the State without Central Bank approval and obtaining prior written consent from the customer. Companies must also obtain written acknowledgement from their customers that their Confidential Data may be accessed as part of legal proceedings or pursuant to an order of a court of competent jurisdiction outside the State in such circumstances.
             
            d.A Company must not enter into Outsourcing agreements that involve sharing Confidential Data with a service provider domiciled in a jurisdiction that cannot provide the same level of safeguarding of Confidential Data that would apply if the data was kept in the tate. This applies to all jurisdictions applicable to all parties to the agreement.
             
            e.Companies are not permitted to enter into Outsourcing agreements that propose the storage of data in any jurisdiction where Company secrecy, or other laws, restrict or limit access to data necessary for supervisory and regulatory purposes.
             
          • Article (13): Countering Fraud in Insurance

            1.

            In order to reduce fraud risks, a Company must undertake the following, at a minimum:
             

            a.A Company must have effective measures to deter, prevent, detect, report and remedy internal and external fraud.
             
            b.The Board and Senior Management are ultimately responsible for fraud Risk Management.
             
            c.A Company's fraud Risk Management system must cover strategy, organizational structure, policies and procedures. The fraud management strategy must be regularly reviewed by the Board and Senior Management to ensure that it continues to be effective.
             
            d.A Company must identify, assess, measure, monitor, control, report and mitigate fraud risk and create appropriate fraud Risk Management policies and procedures in its processes across the Company.
             
            2.A Company must require high standards for integrity in its Board and Staff as part of its business values and organizational culture. These standards must be communicated throughout the Company.
             
            3.The Board must approve the fraud Risk Management strategy and ensure that there are adequate resources, support and expertise for the effective implementation of such strategy. Any deviation from the fraud Risk Management strategy must require the Board's approval.
             
            4.Additional requirements concerning countering fraud in insurance may be imposed pursuant to Regulations or decisions, which may be issued by the Central Bank in this regard.
             
          • Article (14): Duty To Report To The Central Bank

            1.The heads of Risk Management, compliance, actuarial and/or internal audit must promptly report to the Central Bank any violations of the Central Bank Laws, any of the Regulations and/or instructions issued by the Central Bank and any Matters of Significance. Heads of Risk Management, compliance, actuarial and internal audit making such reports in good faith shall not be considered to have breached any of their obligations.
             
            2.Companies must promptly notify the Central Bank in case of resignation of their heads of Risk Management, compliance or internal audit and the reasons thereto.
             
            3.Companies must also promptly notify the Central Bank when they become aware of a significant deviation from their Board-approved Risk Management and/or compliance and actuarial policies, and internal control charters.
             
          • Article (15): Takaful Insurance

            A Company offering Takaful Insurance must ensure compliance with Shari'ah provisions pursuant to the Financial and Takaful Regulations, in addition to the requirements of this Regulation.

          • Article (16): Enforcement

            1.Violation of any provision of this Regulation and the accompanying Standards may be subject to supervisory action and sanctions as deemed appropriate by the Central Bank.
             
            2.Without prejudice to the provisions of the Central Bank Law, supervisory action and sanctions by the Central Bank may include withdrawing, replacing or restricting the powers of Senior Management or members of the Board, providing for the interim management of the Company, or barring individuals from the UAE insurance sector.
             
          • Article (17): Interpretation of the Regulation

            The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of this Regulation.

          • Article (18): Publication And Application

            1.This Regulation shall be published in the Official Gazette in both Arabic and English and shall come into effect one month from the date of publication.
             
            2.On the effective date of this Regulation, any Company which is not compliant with the Regulation must, within ninety (90) days, provide the Central Bank with a detailed plan for coming into compliance with the requirements herein. The Central Bank will decide on the adequacy of the proposed plan.
             
        • Risk Management and Internal Controls Standards for Insurance Companies

          • Introduction

            1.These Standards form part of the Risk Management and Internal Controls Regulation for Insurance Companies (Circular No. 25/2022 dated 30 December 2022). All Companies must comply with these Standards which expand on the Regulation. These Standards are mandatory and enforceable in the same manner as the Regulation.
             
            2.A Company’s Board is in ultimate control of the Company and therefore responsible for ensuring that a comprehensive approach to the systems of Risk Management and Internal Controls is implemented. There is no one-size-fits-all or single best solution. Accordingly, each Company could meet the minimum requirements of the Regulation and Standards in a different way and thus may adopt an organisational framework appropriate to the Risk Profile, nature, size and complexity of its business and structure. The onus is on the Board to demonstrate that it has implemented a comprehensive approach to systems of Risk Management and Internal Controls. Companies are encouraged to adopt leading practices that exceed the minimum requirements of the Regulation and Standards.
             
            3.The Standards follow the structure of the Regulation, with each article corresponding to the specific article in the Regulation.
             
          • Article (1): Definitions

            1.Affiliate:An entity that, directly or indirectly, is controlled by, or is under common control with another entity. The term control as used herein shall mean the holding, directly or indirectly, of voting rights in another entity, or of the power to direct or cause the direction of the management of another entity.
             
            2.Authorized Manager:The person appointed by the foreign insurance company to manage its branch in the State.
             
            3.Board:The Company’s board of directors.
             
            4.Central Bank:The Central Bank of the United Arab Emirates.
             
            5.Chief Executive Officer:The most senior executive appointed by the Board, and in the case of foreign branches, this refers the Authorized Manager.
             
            6.Central Bank Laws:Decretal Federal Law No. (14) of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities, as amended and Federal Law No. (6) of 2007 Concerning the Organization of Insurance Operations, as amended and its Executive Regulations.
             
            7.Company:
            The insurance company incorporated in the State, or a foreign branch of an insurance Company, that is licensed to underwrite primary insurance and reinsurance, including Takaful insurance companies.
             
            8.Conflict of Interest:A situation of actual or perceived conflict between the duty and private interests of a person, which could improperly influence the performance of his/her duties and responsibilities.
             
            9.Confidential Data:Account or other data relating to a Company customer, who is or can be identified, either from the Confidential Data, or from the Confidential Data in conjunction with other information that is in, or is likely to come into, the possession of a person or organization that is granted access to the Confidential Data.
             
            10.Control Function:Function (whether in the form of a person, unit or department) that has a responsibility in a Company to provide objective assessment, reporting and/or assurance; this includes the risk management, compliance, actuarial, internal audit and where applicable Shari’ah control and Shari’ah audit functions.
             
            11.Controlling Shareholder:A shareholder who has the ability to directly or indirectly influence or control the appointment of the majority of the Board, or the decisions made by the Board or by the general assembly of the Company, through the ownership of a percentage of the shares or stocks or under an agreement or other arrangement providing for such influence.
             
            12.Enterprise Risk Management (ERM):The strategies, policies and processes of identifying, assessing, measuring, monitoring, controlling, reporting and mitigating risks in respect of the Company’s enterprise as a whole.
             
            13.Financial Regulations:Insurance Authority Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and the Insurance Authority Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies.
             
            14.Group:
            A group of entities which includes an entity (the ‘first entity’) and:
             
            a.any Parent of the first entity;
             
            b.any Subsidiary of the first entity or of any Parent of the first entity;
             
            c.any Affiliate.
             
            15.Internal Controls:A set of processes, polices and activities governing a Company’s organisational and operational structure, including reporting and control functions.
             
            16.Insurance Related Professions:Any person licensed to practice any of the activates of an insurance agent, actuary, insurance broker, surveyor and loss adjuster, insurance consultant or any other insurance-related profession that the Central Bank decides to regulate.
             
            17.Model:A quantitative method, system, or approach that applies statistical, economic, financial, or mathematical theories, techniques, and assumptions to process input data into quantitative estimates.
             
            18.Outsourcing:
            An arrangement between a Company and a service provider, whether the service provider operates within or outside the UAE, for the latter to perform a process, service or activity which would otherwise be performed by the Company itself.
             
            19.Own Risk and Solvency Assessment (ORSA):an internal process undertaken by a Company/ Group to assess the adequacy of its Risk Management and current and prospective solvency positions under normal and severe stress scenarios. It requires a Company to analyze all reasonably foreseeable and relevant material risks. It covers current and future risks and requires Company-specific judgment about risk management and the adequacy of their capital position that could have an impact on it’s ability to meet both its business objectives as well as its policyholder obligations. This encourages management to anticipate potential business challenges, capital needs and to take proactive steps to reduce risks. ORSA is not a one-off exercise; it is a continuously evolving process and must be a component of a Company’s Enterprise Risk Management (ERM) framework. Whilst there is not one specific way of conducting an ORSA, the output is expected to be a set of documents that demonstrate the results of management's proactive approach to its own self-assessment.
             
            20.Parent:
            An entity (the 'first entity') which:
             
            a.holds a majority of the voting rights in another entity (the 'second entity');
             
            b.is a shareholder of the second entity and has the right to appoint or remove a majority of the Board of directors or managers of the second entity; or
             
            c.is a shareholder of the second entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the second entity; or
             
            d.if the second entity is a Subsidiary of another entity which is itself a Subsidiary of the first entity.
             
            21.Regulations:Any resolution, regulation, circular, rule, standard or notice issued by the Central Bank.
             
            22.Risk Appetite:The aggregate level and types of risk a Company is willing to assume, within its risk capacity, to achieve its strategic objectives and business plan.
             
            23.Risk Culture:The set of norms, values, attitudes and behaviors of a Company that characterizes the way in which it conducts its activities related to risk awareness, risk taking and risk management and controls.
             
            24.Risk Governance System:As part of the overall approach to Corporate Governance, the framework through which the Board and Senior Management establish and make decisions about the Company’s strategy and risk approach; articulate and monitor adherence to the Risk Appetite and Risks Limits relative to the Company’s strategy; and identify, measure, manage, and control risks.
             
            25.Risk Limits:Quantitative measure based on a Company’s Risk Appetite which gives clear guidance on the level of risk to which the Company is prepared to be exposed and is set and applied in aggregate or individual units such as risk categories or business lines.
             
            26.Risk Profile:Point in time assessment of the Company’s gross and, as appropriate, net risk exposures aggregated within and across each relevant risk category based on forward looking assumptions.
             
            27.Risk Management:The process through which risks are managed allowing all risks of a Company to be identified, assessed, monitored, mitigated (as needed) and reported on a timely and comprehensive basis.
             
            28.Senior Management:The individuals or body responsible for managing the Company on a day-to-day basis in accordance with strategies, policies and procedures set out by the Board, generally including, but not limited to, the Chief Executive Officer, chief financial officer, chief risk officer, and heads of the compliance and internal audit functions.
             
            29.Staff:All the persons working for a Company including the members of Senior Management, except for the members of its Board.
             
            30.State:The United Arab Emirates.
             
            31.Stress Testing:A method of assessment that measures the financial impact of stressing one or more factors which could severely affect the Company.
             
            32.Subsidiary:
            An entity (the 'first entity') is a subsidiary of another entity (the 'second entity') if the second entity:
             
            a.holds a majority of the voting rights in the first entity;
             
            b.is a shareholder of the first entity and has the right to appoint or remove a majority of the Board of directors or managers of the first entity; or
             
            c.is a shareholder of the first entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the first entity; or
             
            d.if the first entity is a subsidiary of another entity which is itself a subsidiary of the second entity.
             
            33.Takaful Insurance:A collective contractual arrangement aiming at achieving cooperation among a group of participants against certain risks whereby each participant pays certain contribution fees to form an account called the participants' account through which entitled compensations are paid to the member in respect of whom the risk has realized. The Takaful Insurance Company shall manage this account and invest the funds collected therein against certain remuneration.
             
          • 2. Systems of Risk Management and Internal Controls

            1.A Company must establish, implement and maintain systems of Risk Management and Internal Controls that enable it to identify, assess, measure, monitor, control, mitigate and report on risk. Systems of Risk Management and Internal Controls will vary with the specific circumstances of the Company, particularly the Risk Profile, nature, scale and complexity of its business and structure.
             
            2.The Board is responsible for the implementation of an effective Risk Culture and Internal Controls across the Company and its Subsidiaries, Affiliates and international branches, where applicable. The Board approved systems of Risk Management and Internal Controls must incorporate a "three lines of defense" approach which includes the business lines being the first line, Control Functions of Risk Management, compliance and actuarial, being the second line and an independent and effective internal audit function as the third line.
             
            a.Business line management - must take the responsibility of identification and control of risks. The business line management must :
             
            1.Manage and identify risks arising from the activities of the business line;
             
            2.Ensure that activities are within the Company's Risk Appetite, Risk Management policies and limits;
             
            3.Design, implement and maintain effective system of Internal Controls; and
             
            4.Monitor and report on business line risks.
             
            b.Risk Management, actuarial and compliance functions- must take responsibility for setting standards and challenging business lines. The following must be adhered to:
             
            1.The Risk Management function must establish Company-wide, or if applicable, Group-wide risk and control strategies and policies, provide oversight and independent challenge of business lines' accountabilities, develop and communicate risk and control procedures, and monitor and report on compliance with Risk Appetite, policies and Risk Limits.
             
            2.The Compliance function must assess Company-wide adherence to requirements, develop and communicate compliance policies and procedures, measure, monitor and report on compliance with Central Bank laws and other relevant laws, corporate governance and Internal Controls rules, Regulations and policies to which the Company is subject.
             
            3.The actuarial function must provide advice on technical provisions, premium and pricing activities, capital adequacy, reinsurance and compliance with related statutory and regulatory requirements, at a minimum.
             
            c.Internal audit function has the duty of providing independent assurance. The function is responsible to the following matters, at a minimum:
             
            1.Independently assess the effectiveness and efficiency of the Internal Controls, Risk Management and governance systems and processes.
             
            2.Independently assess the effectiveness of business line management in fulfilling their mandates and managing risks.
             
            3.The Risk Management and Internal Controls systems must be comprised of the following at a minimum:
             
            a.Strategies setting out the approach of the Company to dealing with specific areas of risk and regulatory obligations in accordance with the Company's nature, Risk Profile, scale and complexity.
             
            b.Policies defining the procedures and other requirements that members of the Board and Staff need to follow in order to ensure consistency in approach.
             
            c.Process for the implementation of the Company's strategies and policies in order to ensure completeness in approach.
             
            d.Controls to ensure that strategies, policies and processes are in fact in place, are being observed and are attaining their intended objectives in order to ensure adequacy and appropriateness in approach.
             
          • 3. Effective Risk Management System

            1.The Risk Management system must address the following:
             
            a.Identification:
             
            1.All reasonably foreseeable and relevant material risks are taken into consideration.
             
            2.New activities and products must be subject to risk review and must be approved by the Board, including strategic affairs, such as corporate strategy, mergers, acquisitions, major projects and investments.
             
            b.Assessment:
             
            1.Qualitative and quantitative assessments of all reasonably foreseeable and relevant material risks and risk interdependencies for risk and capital management.
             
            2.Quantification of risk and risk interdependencies using appropriate tools under a sufficiently wide range of techniques for risk and capital management.
             
            3.As necessary, include the results of Stress Testing to assess the resilience of the Company's total balance sheet against severe but plausible stresses including considerations of macroeconomic stresses.
             
            c.Monitoring:
             
             Early warning indicators that enable the appropriate response to all identified material risks. This shall reflect the relationship between the Company's Risk Appetite, Risk Limits, regulatory capital requirements, economic capital and the processes and methods for monitoring risk. A Company must have its own view on how much capital it needs over and above the regulatory capital to fulfill its wider economic needs and manage risks.
             
            d.Mitigation:
             
            1.Strategies and tools are in place to mitigate material risks.
             
            2.The Company must reduce or control material risks to within Risk Appetite and Risk Limits, or transfer to/share with a third party.
             
            3.If a Company cannot mitigate or control the risk, then it must cease or change the activity.
             
            e.Reporting:
             
            1.Risks and assessments must be reported to the Board using qualitative and quantitative indicators, including ORSA along with effective action plans, at least annually.
             
            2.The Board is ultimately responsible for risk oversight. The Risk Management policy covers the frequency of reporting. Any deviation from Risk Appetite is subject to Board review and approval.
             
            f.Risk Management policies:
             
            1.Must enable Staff to understand their risk responsibilities.
             
            2.Must explain the relationship between the Risk Management system and how it addresses risks according to the insurer's Risk Appetite and Risk Limits, and the overall corporate governance framework.
             
            3.Must outline how relevant material risks are managed.
             
            4.On-going communication and training on risk policies must be conducted.
             
            2.Groups must adopt a strong and consistent Risk Management and compliance culture across the Group and at the entity levels. Coordination between the Group and the Company is required to ensure the overall effectiveness of Risk Management and Internal Controls.
             
            3.The Risk Appetite statement is a written articulation of the aggregate level and types of risk that a Company is willing to accept or avoid in order to achieve its business objectives. At a minimum, it must include the following:
             
             
            a.For each material risk, the maximum level of risk that the Company is willing to operate within, expressed as a limit in terms of:
             
            1.Quantitative measures expressed relative to earnings, capital, liquidity and other relevant measures as appropriate.
             
            2.Qualitative statements or limits, as appropriate, particularly for reputation, compliance and legal risks.
             
            b.Delineation of any categories of risk that the Company is not prepared to assume.
             
            c.The process for ensuring that the Risk Limits are set at an appropriate level for each risk, considering both the probability of loss and the magnitude of loss in the event that each material risk is realised.
             
            d.The process for monitoring compliance with each Risk Limit and for taking appropriate action in the event that they are breached.
             
            e.The timing and process for review of the Risk Appetite and Risk Limits.
             
            f.Quantitative Risk Limits and metrics must include, but not be limited to:
             
            1.Capital targets beyond regulatory requirements, such as economic capital or capital-at-risk;
             
            2.Various liquidity ratios and survival horizons;
             
            3.Earnings volatility;
             
            4.Value at risk;
             
            5.Risk concentrations by internal or external rating;
             
            6.Expected loss, expense, commission and/or combined ratios;
             
            7.Economic value added; and
             
            8.Stressed targets of capital, liquidity and earnings.
             
            9.Underwriting risk, including growth and renewal rates of business, risk retention, balance between lines of business, premium rate adequacy versus technical rates, and claim settlement.
             
            10.Credit risk, including credit quality of reinsurers, credit quality of investment assets and receivable delay management.
             
            11.Investment risk, including asset allocations to achieve adequate diversification and target investment returns. This must be linked to the asset-liability management (ALM) policy and investment policy which specifies the nature, role and extent of ALM activities and their relationship with product development, pricing and investment management.
             
            12.Operational risk, including consideration of risks arising from people, systems, processes as well as cyber security.
             
            4.The Risk Management system must include risk policies that cover at least the following areas:
             
             
            a.Credit risk;
             
            b.Balance sheet and market risk (including investment, asset-liability management, liquidity and derivatives risks);
             
            c.Reserving risk;
             
            d.Insurance risk (including underwriting, product design, pricing and claims settlement risks);
             
            e.Reinsurance risk;
             
            f.Operational risk (including business continuity, outsourcing, fraud, technology, legal and project management risks);
             
            g.Concentration risk; and
             
            h.Group risk.
             
          • 4. Effective System of Internal Controls

            1.The Board or the Board audit committee must review, at least annually, the effectiveness of the Company's Internal Controls system and processes, by means of:
             
            a.Periodic discussions with Senior Management about the effectiveness of the Internal Controls system.
             
            b.A timely review of evaluations of Internal Controls conducted by Senior Management, internal auditors, the Risk Management function and external auditors.
             
            c.Periodic follow up to ensure that Senior Management has promptly complied with the recommendations and concerns on control weaknesses expressed by Risk Management, internal auditors and external auditors and the Central Bank.
             
            d.A periodic review of the appropriateness of the internal controls, commensurate to the Company's strategy and Risk Limits.
             
            2.The Company's Internal Controls system must, at a minimum, address:
             
            a.Organisational structure: definitions of duties and responsibilities including clear delegations of authority, such as decision-making policies and processes and procedures, separation of critical functions, including, but not limited to, Risk Management, actuarial, accounting, audit and compliance.
             
            b.Accounting and financial reporting policies and processes.
             
            c.Checks and balances (or "four eyes" principle): segregation of duties, cross checking, dual control of assets and double signatures.
             
            d.Safeguarding assets and investment: physical control and computer access, measures of prevention and early detection and reporting of misuse, such as fraud, embezzlement, unauthorised trading and computer intrusion.
             
          • 5. Control Functions

            1.The authority and responsibilities of each control function must be set out in writing and made part of the Company's governance documentation.
             
            2.Staff who perform Control Functions must be suitable for their role and meet any applicable professional qualifications and standards. Higher expectations must be placed on the head of each control function.
             
            3.The head of each control functions must regularly review the adequacy of the function's resources and request adjustments from Senior Management/ Board as necessary.
             
            4.Each control function must have the authority to communicate on its own initiative with any employee and to have unrestricted access to information in any business unit that it needs to carry out its responsibilities. The control functions must have the right to conduct investigations of possible breaches and to request assistance from specialists from within or outside of the Company.
             
          • 6. Risk Management Function

            1.The Risk Management function must have responsibility for the following, at a minimum:
             
            a.Providing risk analysis and performance risk reviews to the Board and Senior Management;
             
            b.Identifying individual and aggregated risks (actual, emerging and potential) that the Company faces;
             
            c.Identifying, assessing, monitoring, mitigating, controlling and reporting risks, including the Company's capacity to absorb risk with due regard to the nature, probability, duration, correlation and potential severity of risks;
             
            d.Gaining and maintain an aggregated view of the Risk Profile of the Company on an entity and/or Group-wide basis;
             
            e.Assessing the impact of the compensation arrangements and incentives;
             
            f.Evaluating the internal and external risk environment on an on-going basis in order to identify and assess potential risks as early as possible. This may include looking at risks from different perspectives, such as by geographic region or by line of business;
             
            g.Establishing a process for conducting forward-looking assessments of the Risk Profile on a regular basis;
             
            h.Providing periodical reports to the Board, Senior Management and other Control Functions on the Risk Profiles, risk exposures and the necessary mitigation actions; and
             
            i.Reporting material changes affecting the Risk Management system to the Board along with recommendations to improve the system.
             
            2.The CRO, or equivalent, must:
             
            a.Not have a decision-making role in the Company's risk-taking functions, including underwriting or other equivalent function.
             
            b.Have no revenue-generating responsibilities.
             
            c.Have no compensation based on the performance of any of the Company's risk-taking functions.
             
            d.Not be the Chief Executive Officer of the Company, or the head of underwriting or reinsurance, or the head of the compliance or internal audit functions.
             
            e.Have a direct reporting line to the Board and/or risk committee and appropriate reporting lines to Senior Management.
             
            f.Have unfettered access directly to the Board's risk committee, including the ability to meet without other Senior Management present.
             
            3.The Board must ensure that the Risk Management function is properly staffed, resourced and carries out its responsibilities independently and effectively. This includes unrestrained access to all information needed for the Risk Management function to fulfill its duties.
             
          • 7. Risk Measurement and the Use of Models

            1.A Company must use measurement methodologies commensurate with the Risk Profile, nature, size and complexity of the business and the structure of the Company, including, but not limited to, scenario analysis and Stress Testing. Common metrics must be employed on a Company (or Group)-wide basis to foster a Company (or Group)-wide approach and effective identification and monitoring of risks across the Company (or Group).
             
            2.Risk measurement and modelling techniques must be used in addition to qualitative risk analysis and monitoring. The comprehensive approach to risk management must include policies and procedures for the development and internal approval for the use of Models or other risk measurement methodologies. Where the Models, or data for the Models, are supplied by a third party, there must be a process for the validation of the Model and data relative to the specific circumstances of the Company.
             
            3.A Company must perform regular validation and testing of Models. This must include evaluation of the conceptual soundness, ongoing monitoring including process verification and benchmarking and outcomes analysis, including back-testing. Stress Testing and scenario analysis must be used to take into account the risk of Model error and uncertainties associated with valuations and concentration risks.
             
            4.Model-based approaches must be supplemented by other measures. These include qualitative assessment of the logic, judgement and types of information used in Models, as well as assessment of policies, procedures, Risk Limits and exposures, especially with respect to difficult to quantify risks such as operational, compliance and reputational.
             
          • 8. Stress Testing of Material Risks

            1.A Company must have a forward looking Stress Testing programme that addresses inter alia, underwriting, reserving, asset-liability management, investments, liquidity, reinsurance, concentration of risk, operational risk, risk-mitigation techniques and conduct of business , taking into account, that based on the Risk Profile of the Company, capital may be required in excess of the minimum capital requirements. The Stress Testing programme must also include any risks that are material for the Company given the nature of the business. These may include, but are not limited to, Credit risk, balance sheet and market risks, reserving; pricing, claims, reinsurance, operational, concentration and Group risks.
             
            2.A Company's Stress-Testing programme must be undertaken on a regular basis to facilitate the tracking of trends over time and developments in key risk factors and exposure amounts, in addition to ad hoc Stress Tests, when needed. The programme must cover at a minimum a range of scenarios based on reasonable and plausible assumptions regarding dependencies and correlations. Senior Management and, as applicable, the Board or Board risk committee must review and approve the scenarios.
             
            3.Stress Test programme results must be periodically reviewed by the Board or the Board risk committee. Results must be incorporated into reviews of the Risk Appetite, capital and liquidity planning processes. The Risk management function is responsible for recommending any action required, for example adjustments of Risk Limits or contingency arrangements, based on Stress Test results. The results of Stress Tests and scenario analysis must be communicated to the relevant business line management and functional heads within the Company to assist them in understanding and mitigating the risks inherent in their activities. Stress test programme results must factor into the Company's contingency planning, particularly liquidity Risk Management and contingency funding.
             
          • 9. Compliance Function

            1.Compliance Staff must have a sound understanding of the Central Bank laws and other relevant laws, Regulations, rules and standards, relevant to the Company's business and keep abreast with their development and any amendments thereof. The professional skills of compliance Staff must be maintained through regular and systematic education and training, including courses on real cases relating to money laundering, financing of terrorism and proliferation financing.
             
            2.The compliance function must have access to any member of Staff and all records and data of the Company, and if applicable, the Company's Affiliates and Subsidiaries, which are required to comply with the Central Bank's requirements.
             
            3.A consistent approach to compliance across the Group may be achieved through the establishment of a Group compliance function accountable to the Board of the Controlling Shareholder, or through compliance functions established in each entity (or branch) and accountable to those entities' Boards and also reporting to the Group's head of compliance.
             
            4.The compliance function must be assigned responsibility for the following, at a minimum:
             
            a.Establishing a compliance policy and a compliance plan. The compliance policy must define the responsibilities, competencies and reporting duties of the compliance function. The compliance plan must set out the planned activities of the compliance function which take into account all relevant areas of the activities of the Company and exposure to compliance risk.
             
            b.Assessing the adequacy of the measures adopted by the Company to prevent non-compliance with Central Bank Laws and Regulations.
             
            c.Maintaining a corporate culture that is based on responsible conduct and compliance with internal and external obligations.
             
            d.Identifying, assessing, monitoring, mitigating, reporting on, and addressing regulatory obligations and the risks associated therewith.
             
            e.Conducting on-going training on regulatory obligations for Staff responsible for high risk activities.
             
            f.Enabling confidential reporting by Staff regarding any breach of legal or regulatory obligations or internal policies.
             
            g.Addressing any instances of non-compliance and ensuring that disciplinary action is taken, along with the required reporting to the Central Bank.
             
          • 10. Actuarial Function

            An effective actuarial function must be well resourced and properly authorised and staffed as it plays a major role in the Company's overall system of Risk Management and Internal Controls. The actuarial function conducts all the actuarial undertakings per Article (10) of the Regulation, which must include, among other undertakings, the following:
            1.Applying methodologies and procedures to assess the sufficiency of the Company's liabilities, including policy provisions and aggregate claim liabilities, as well as determination or reserves for financial risks and to ensure that their calculation is consistent with the requirements set out in the Financial Regulations. This must also include assessing the uncertainty associated with the estimates made in the calculation of the Company's liabilities;
             
            2.Asset liability management with regards to the adequacy and the sufficiency of assets and future revenues to cover the Company's obligations to policyholders and capital requirements, as well as other obligations or activities;
             
            3.Reviewing the Company's investment policies and completing the valuation of assets;
             
            4.The solvency position of the Company, including a calculation of minimum capital required for regulatory purposes and liability and loss provisions;
             
            5.Advising on the Company's prospective solvency position by conducting capital adequacy assessments and Stress Tests under various scenarios, and measuring their relative impact on assets and/or liabilities, and actual and future capital levels;
             
            6.Developing risk assessment and management policies and controls relevant to actuarial matters or the financial condition of the Company;
             
            7.Ensuring the fair treatment of policyholders with regard to distribution of profits awarded to them, when their policies contain elements of bonus/dividend.
             
            8.Ensuring the adequacy and soundness of underwriting policies, which must at least include conclusions on the following matters:
             
            a.Sufficiency of the premiums to be earned to cover future claims and expenses, taking into consideration the underlying risks (including underwriting risks), and the impact of options and guarantees included in insurance and reinsurance contracts;
             
            b.The effect of inflation, legal risk, change in the composition of the Company's portfolio, and of systems which adjust the premiums policy-holders pay upwards or downwards depending on their claims history (bonus-malus systems) or similar systems, implemented in specific homogeneous risk groups; and
             
            c.The progressive tendency of a portfolio of insurance contracts to attract or retain insured persons with a higher risk profile (anti-selection).
             
            9.The development, pricing and assessment of the adequacy of reinsurance arrangements must include analysis of the following matters:
             
            a.The Company's risk profile and underwriting policy;
             
            b.Reinsurance providers, taking into account their credit standing;
             
            c.The expected cover under stress scenarios in relation to the underwriting policy; and
             
            d.The calculation of the amounts recoverable from reinsurance contracts and special purpose vehicles, if any.
             
            10.Product development and design, including the terms and conditions of insurance contracts and pricing, along with estimation of the capital required to underwrite the product;
             
            11.Ensuring the sufficiency, accuracy and quality of data, the methods and the assumptions used in the calculation of technical provisions and ensure that any limitations of data used to calculate technical provisions are properly dealt with;
             
            12.Comparing best estimates against experience, review the quality of past best estimates and use the insights gained from this assessment to improve the quality of current calculations. The comparison of best estimates against experience shall include comparisons between observed values and the estimates underlying the calculation of the best estimate, in order to draw conclusions on the appropriateness, accuracy and completeness of the data and assumptions used as well as on the methodologies applied in their calculation.
             
            13.Reporting to the Board and Senior Management on the calculation of the Company's insurance liabilities which must include at least a reasoned analysis on the reliability and adequacy of their calculation and on the sources and the degree of uncertainty of the estimates. That reasoned analysis shall be supported by a sensitivity analysis that includes an investigation of the sensitivity to each of the major risks underlying the obligations which are covered in the Company's liabilities. The actuarial function shall clearly state and explain any concerns it may have concerning the adequacy of Company's liabilities.
             
            14.The actuarial function must produce a written report to be submitted to the Board, at least annually. This report must document all of the tasks that have been undertaken by the actuarial function and a summary of their results, and must clearly identify any deficiencies and give recommendations as to how such deficiencies must be remedied.
             
            15.Any other actuarial or financial matters determined by the Board.
             
          • 11. Internal Audit Function

            The internal audit function must be responsible for the following matters, at a minimum:
             
            1.Establishing, implementing and maintaining an audit plan, setting out the audit work to be undertaken in the upcoming years, taking into account all activities and the Company's complete system of governance. The plan must be developed taking a risk-based approach in deciding its priorities and the audit plan must be presented to the Board for approval. Where necessary, the internal audit function may carry out audits which are not included in the audit plan.
             
            2.Disclosing any adverse matters affecting the function's independence.
             
            3.Disclosing any material findings, and the extent of management's compliance with agreed upon corrective measures.
             
            4.Conducting risk-based audits to assess the Company's alignment with the Company's Risk Culture, Risk Appetite, Risk Profile and Risk Limits.
             
            5.Assessing the Company's processes, policies and the documentation thereof on an entity and Group-wide basis and on an individual Subsidiary and business unit basis.
             
            6.Assessing the employees' and business units' compliance with applicable Central Bank Laws, Regulations and internal controls.
             
            7.Assessing the reliability of management information systems and processes.
             
            8.Evaluating the methods of safeguarding Company and policyholder assets and, as appropriate, verifying the existence of such assets and the required level of segregation in respect of Company and policyholder assets;
             
            9.Monitoring and evaluating the effectiveness of the Company's other Control Functions, particularly the Risk Management, actuarial and compliance functions.
             
            10.Coordinating with the external auditors and, to the extent requested by the Board and consistent with applicable law, evaluating the quality of performance of the external auditors.
             
            11.Issuing recommendations based on the result of work carried out in accordance with the audit plan and submit a written report on the findings and recommendations to the Board on at least an annual basis;
             
            12.Verifying compliance of Senior Management with the decisions taken by the Board on the basis of those recommendations referred to in the internal audit report.
             
          • 12. Outsourcing

            1.The Risk Governance System must, at a minimum, provide for the following with respect to Outsourcing:
             
            a.A Board-approved policy that sets out how the materiality of a proposed Outsourcing arrangement is assessed and requiring any material Outsourcing arrangements to be approved by the Board, or the risk/audit committee of the Board;
             
            b.Policies and procedures to ensure that potential Conflicts of Interest are identified, managed and appropriately mitigated, or avoided;
             
            c.Policies and procedures that clearly identify and assign to the Company's departments, committees, Internal Controls functions, and other individuals, the roles and responsibilities with regard to Outsourcing and determine in which cases and at which stage, they must be involved;
             
            d.Policies and procedures to ensure that all material risks related to Outsourcing are identified, assessed, measured, monitored, controlled, mitigated, and reported to the Board in a timely and comprehensive manner;
             
            e.Ensure that any outsourced critical business functions are covered in their disaster recovery and business continuity plans, that Outsourcing service providers are fully prepared to implement them and that Outsourcing service providers have their own disaster recovery and business continuity plans to resolve disruptions at their end.
             
            2.All outsourced activity must be governed by written contracts that state the parties' rights and obligations. The Board and Senior Management must consider the effects on the Company's Risk Profile, and assess the service provider's expertise, knowledge, governance, Risk Management, Internal Controls, and financial viability along with the succession issues upon the ending of the contractual relationship with the service provider. The Company must conduct the following:
            a.Perform a detailed examination to ensure that the potential service provider has the ability, the capacity and any authorisation required by law to deliver the required functions or activities satisfactorily, taking into account the Company's objectives and needs;
             
            b.Ensure The service provider has adopted all means to ensure that no explicit or potential Conflict of Interests jeopardise the fulfilment of the deliverables of the outsourcing Company;
             
            c.Execute a written contract with the service provider which clearly defines the respective rights and obligations of the Company and the service provider;
             
            d.Ensure that the general terms and conditions of the outsourcing contract are clearly explained to the Company's Board and authorised by them;
             
            e.Ensure that the outsourcing agreement does not entail the breaching of any law in particular with regard to rules on data protection; and
             
            f.Ensure that the service provider is subject to the same provisions on the safety and confidentiality of information relating to the Company or to its policyholders or beneficiaries that are applicable to the Company.
             
            3.A Company must have an outsourcing register that contains key information for each Outsourcing arrangement, and includes at a minimum:
            a.Key non-risk related data, such as the details of the Outsourcing service provider, start and end date of the arrangement, and a brief description of the services being provided.
             
            b.Whether the Outsourcing arrangement involves any Confidential Data; and
             
            c.Whether the Outsourcing arrangement is considered Material Business Activity.
             
            4.a. Companies must ensure compliance with all the applicable State legislation and regulations in managing and processing data, when using Outsourcing services.
             
            b.Companies must ensure that they retain ownership of all data provided to an Outsourcing service provider, and that their customers retain ownership of their data, including but not limited to, Confidential Data, and can effectively exercise their rights and duties in this regard.
             
            c.Where the Outsourcing service provider subcontracts elements of the service which involve Confidential Data, Companies must ensure that the subcontractor fully complies with the applicable requirements as established by law and under this and other applicable regulations.
             
            d.Companies must ensure their data is secured from unauthorised access, including unauthorised access and/or use by the Outsourcing service provider or its Staff.
             
            5.a. Outsourcing agreements must ensure that the Company has unfettered access to all of its data for the duration of the contract, including upon termination of the contract.
             
            b.Outsourcing agreements must include appropriate provisions to protect a Company's data, including non-disclosure agreements and provisions related to the destruction of the data and/or transfer to the Company upon termination of the agreement.
             
            c.Outsourcing agreements must specifically establish standards for data protection, including any nationally recognised information assurance and/or data protection and confidentiality of information requirements in the State.
             
            d.Outsourcing agreements must specifically establish that the Outsourcing service provider, or any of its subcontractors must not provide any other party with access to Confidential Data without first obtaining the specific authorisation of the Company, or the customer, as the case may be.
             
            e.Outsourcing agreements must specify to what extent subcontracting is allowed and under what conditions.
             
            f.Outsourcing agreements must include an explicit provision giving the Central Bank, and any agent appointed by the Central Bank, access to the Outsourcing service provider. This provision must include the right to conduct on-site visits at the Outsourcing service provider, if deemed necessary by the Central Bank and require the Outsourcing service provider to provide the Central Bank, or its appointed agent, any data or information required for supervisory purposes.
             
            g.Outsourcing agreements must include an obligation for the Outsourcing service provider to notify the Company without undue delay of any breach of the Company's data and in particular, breaches of Confidential Data.
             
            6.When Outsourcing outside of the State:
             
            a.Any Outsourcing agreement with a party located outside of the State, must stipulate that the Company and the customer retain ownership of the data at all times, and that the Central Bank can access the Company's data upon request.
             
            b.A Company must explicitly consider the possibility that changes in economic, political, social, legal or regulatory conditions may affect the ability of a service provider outside of the State to fulfil the terms of the agreement. This risk must be managed by a careful selection of service providers and jurisdictions, adequate contractual and practical arrangements, and appropriate business continuity planning.
             
            c.A Company must explicitly consider any other relevant risks arising when the service provider is located outside of the State. These must include, but are not limited to:
            1.Higher levels of operational risk due to poor infrastructure in another jurisdiction;
             
            2.Legal risk due to differing laws and possible shortcomings in the legal system in the countries where the service is provided; and
             
            3.Reputational risk due to the breach of the service agreement by the service provider.
             
            d.A Company must ensure compliance with all relevant personal data protection legislation and regulations prior to entering into an Outsourcing agreement with an Outsourcing service provider or third party outside of the State.
             
            e.A Company must establish policies, processes and procedures regarding controls and monitoring activities specifically addressing the business relationship of the Company with an Outsourcing service provider, which includes the sharing of Confidential Data outside of the State.
             
            f.For each of its business relationships a Company holds with an Outsourcing service provider, which includes the sharing of Confidential Data outside of the State, the Company must define concrete security requirements and must ensure that its Staff are sufficiently trained in respect of these requirements.
             
            g.Companies must ensure that third parties implement and maintain the appropriate level of information security and service delivery.
             
            h.With regard to Outsourcing service providers located outside of the State, the Central Bank may exercise its powers through collaboration with the relevant authorities of any relevant jurisdiction.
             
            7.Prior to Outsourcing any material activity, including to any related party, Companies must obtain a prior notice of non-objection from the Central Bank. When requesting the non-objection, Companies must provide the Central Bank with the following at a minimum:
             
            a.A brief explanation of the business activity to be outsourced;
             
            b.A summary of the materiality assessment;
             
            c.A summary of the risk assessment;
             
            d.A summary of the due diligence performed and its outcome;
             
            e.A confirmation of the agreement of the internal audit function and the compliance function;
             
            f.An overview of any closely related outsourcing agreements;
             
            g.Confirmation of compliance with the requirements of the Risk Management and Internal Controls Regulation for Insurance Companies and these Standards.
             
            h.Evidence of the approval of the proposed Outsourcing by the Board or Board committee.
             
             The Central Bank will either grant the non-objection, request further information, or decline the request. Companies are encouraged to discuss their material Outsourcing plans early and coordinate with the Central Bank to avoid the non-objection process delaying the Outsourcing.
             
            8.Although all requests for non-objection will be considered on their individual merits, the Central Bank, will in general, not permit the Outsourcing of core insurance activities, and key management and Control Functions, including but not limited to Senior Management oversight and internal audit. The Central Bank may determine adding further requirements in this regard, from time to time.
             
          • 13. Countering Fraud in Insurance

            1.A Company must have policies, procedures and controls to minimise the risk of internal and external fraud in the following areas, at a minimum:
             
            a.Product development;
             
            b.Onboarding clients;
             
            c.Hiring and dismissal Staff;
             
            d.Outsourcing;
             
            e.Claims' management and settlements; and
             
            f.Dealing with practitioners of Insurance Related Professions.
             
            2.Insurance fraud categories include:
             
            a.Internal fraud, which is committed by a Board member, Senior Manager or other member of Staff on his/her own or in collusion with others who are either internal or external to the Company.
             
            b.Insurance Related Professions' fraud, which is committed by practitioners against the Company, policyholders or beneficiaries.
             
            c.Policyholder fraud, which is committed against the Company in the purchase and/or execution of an insurance product by one or more persons by obtaining wrongful coverage or payment.
             
            3.Preventive policies, procedures and controls to manage internal fraud must include:
             
             
            a.Creating a culture based on integrity;
             
            b.Developing and maintaining policy and guidelines on ethical behavior;
             
            c.Adequate supervision of Staff;
             
            d.Performing pre-employment and in-employment screening of permanent or temporary Staff;
             
            e.Documented job descriptions;
             
            f.Periodical job rotation and mandatory vacations for Staff in fraud sensitive positions;
             
            g.Observing the "four eyes" principle.
             
            h.Segregation of duties;
             
            i.Having procedural safeguards over the use, handling and availability of cash;
             
            j.Establishing a transparent policy in dealing with internal fraud by Board members and Staff, including a policy on reporting to the relevant law enforcement agency;
             
            k.Establishing a clear dismissal policy for internal fraud cases in order to deter potential perpetrators.
             
            4.Preventive policies, procedures and controls to manage policyholder fraud must include:
             
             
            a.Customer due diligence prior to inception.
             
            b.Requesting additional supporting documents to verify the policyholder's sources of wealth.
             
            c.In terms of claims settlement, procedures must include:
             
            1.Using professional judgement based on experience;
             
            2.Identifying red flag lists;
             
            3.Conducting peer reviews;
             
            4.Reviewing internal and/or external databases or other sources;
             
            5.Using information technology tools, such as voice stress analysis, data mining, neural networks and tools to verify the authenticity of documents; and
             
            6.Interviewing claimants.
             
            5.Preventive policies, procedures and controls to manage Insurance Related Professions' fraud must include:
             
            a.Having in place a documented policy and procedure for the appointment of new practitioners of Insurance Related Professions.
             
            b.Having an application form and terms of business agreement that have to be completed and signed by the practitioners of Insurance Related Professions.
             
            c.Ensuring the application form requires applicants to disclose relevant facts about themselves, including qualifications, experience, and qualifying body.
             
            d.Verifying the financial soundness of the applicant and checking references.
             
            e.Having an effective sanction policy in case of non-compliance by the practitioners of Insurance Related Professions.
             
            6.A Company must collect information in respect of insurance fraud from the market and to provide same to the Board and Staff. Such information must be used to evaluate the effectiveness of policies, procedures and controls, and to make changes were necessary.
             
            7.A Company must establish and maintain an independent audit function to test fraud, fraud risk management, procedures and controls.
             
            8.A Company must encourage Staff to report all irregularities and must have a whistle blowing policy in place for this purpose.
             
            9.A Company's fraud management strategy must be aligned with the Risk Profile of the Company. In determining the Risk Profile, the following factors must be taken into consideration:
             
            1.size of the Company;
             
            2.organisational structure;
             
            3.products and services offered;
             
            4.payment methods used for premiums and claims;
             
            5.types of policyholder; and
             
            6.market conditions.
             
            10.A Company must retain records of all reported cases of fraud along with the findings, and must establish standards relating to the turnaround time for the assessment of fraud, documentation of analysis and keeping records of fraud incidents.
             
            11.A Company must have effective reporting systems to the Board in terms of frequency of incidents, along with recommendations to address the issues.
             
            12.A Company must report any suspected or confirmed fraud cases to the proper law enforcement authorities immediately and notify the Central Bank of such reporting.
             
            13.A Company must provide the Board and Staff with guidance on fraud indicators and training on preventing, detecting, reporting and remedying fraud. Such training must be commensurate with the position that the person holds within the Company.
             
      • Tax and fiscal compliance

        • Sanctions

          • Tax compliance

            • Cabinet Resolution No. (7) of 2019 Concerning the Administrative Fines Imposed by the Insurance Authority

              IA-BOD-RES 7/2019 Effective from 6/1/2019
              • Article (1) Definitions

                In the application of the provisions of this Resolution, the following words and expressions shall have the meanings ascribed thereto, unless the context indicates otherwise:

                State: United Arab Emirates.
                Authority/IA: The Insurance Authority established by virtue of the Law.

                Board: The Insurance Authority's Board of Directors.

                Director General: The Director General of the Insurance Authority.

                Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent, including Takaful insurance companies.

                Person: A natural or legal person.
                Insurance-Related Professions: Any person licensed by the Authority to practice any of the activities of insurance Agent, Actuary, Insurance Broker, Loss & Damage Adjuster, Insurance Consultant, Health Insurance TPA or any other insurance-related profession that the Board decides to regulate.

                Bylaws, Regulations, Instructions and Decisions: Any bylaws, regulations, instructions or decisions issued pursuant to the Law.

                Law: Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.

                • Insurance Authority Board of Directors Decision No. ( 3 2) of 2017 Concerning the Common Reporting Standard Regulations

                  IA-BOD-RES 32/2017

                  The Chairman of the Insurance Authority,

                  Having pursued, The Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof;
                  The Insurance Authority Board of Directors Decision No. (2) of 2009 Concerning the Issuance of the Executive Regulations of the Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof;
                  The Convention on Mutual Administrative Assistance in Tax Matter entered by the UAE on 21 April 2017;
                  The Declaration on Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information signed on 22 February 2017;
                  The Cabinet Resolution (9) of 2016, concerning the commitment of the State to sign International Multilateral agreement and Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
                  The Insurance Authority Board of Directors Decision No. (25) of 2014 Concerning the Financial Regulations for Insurance Companies;
                  The Insurance Authority Board of Directors Decision No. (26) of 2014 concerning the Financial Regulations for Takaful Insurance Companies;
                  Based on the recommendation of the Director General of the Insurance Authority and the approval of the Board of Directors,

                  Has resolved,

                  • Article (1) Definitions

                    For the purposes of these Regulations; any term not otherwise defined in the Regulations or in the Common Reporting Standard will, unless the context otherwise requires or the UAE Competent Authority agreed to a common meaning pursuant to any treaty or competent authority agreement (as permitted by domestic law), have the meaning that it has at that time under the applicable laws of the UAE.

                    - State: The United Arab Emirates.
                    - Law: Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.
                    - Executive Regulations: The Executive Regulations of the Law.
                    - Authority/IA: The Insurance Authority.
                    - Board: The Board of Directors of the IA.
                    - Director General: The Director General of the IA.
                    - Company: An insurance company established in the State, and the foreign insurance company licensed to carry out insurance activities in the State, either through a branch or an Insurance Agent; including Takaful insurance companies that carry out the insurance of persons and the formation of funds and which issues or is obligated to make payments with respect to, a Cash Value Insurance Contract or an Annuity Contract.
                    - The Agreement: The Convention on Mutual Administrative Assistance in Tax Matter entered by the UAE on 21 February 2017.

                    - UAE Competent Authority: The Ministry of Finance, established pursuant to Federal Law No. 1 of 1972.

                    - Common Reporting Standard : The standard for automatic exchange of financial account information developed by the Organisation for Economic Co-Operation and Development as amended from time to time by the Organisation for Economic Co-operation and Development, set out in Schedule 1.

                    - Organisation for Economic Co-Operation and Development: the Organisation for Economic Co-Operation and Development which was established by the Convention on the Organisation for Economic Co-operation and Development signed in Paris on 14th December, 1960.

                  • Article (2) General Provisions

                    1. For the purposes of these Regulations the Common Reporting Standard commentary, which is any explanatory material made and published by the Organisation for Economic Co-operation and Development for the purpose of assisting with the interpretation of the Common Reporting Standard, is an integral part of the Common Reporting Standard and accordingly applies for the purposes of the automatic exchange of financial account information under a relevant scheduled Agreement.
                       
                    2. These Regulations apply to:

                      A- any Reporting Financial Institution subject to the supervision of the Authority for purposes of these Regulations;

                      B- any Account Holder (Policy holder) of a Reportable Account held with a Reporting Financial Institution subject to the supervision of the Authority for purposes of these Regulations; and

                      C- any other person to whom the Regulations apply.
                       
                    3. The English version pursuant to the international model approved by the Organisation for Economic Co-operation and Development shall supersede in case of any contradiction with the Arabic translation.
                  • Article (3)

                    1.The Authority may request information from and, at all reasonable times, enter any premises or place of business of a Reporting Financial Institution for the purposes of:

                    1. a- determining whether information included in an information return made under these Regulations by the institution is correct and complete, or
                       
                    2. b. determining whether information not included in the information return made under these Regulations was not included correctly; or
                       
                    3. c. examining the procedures put in place by a Reporting Financial Institution for the purposes of ensuring compliance with that Reporting Financial Institution's obligations under these Regulations.

                    2.The Authority may, by notice in writing, require a Reporting Financial Institution to give the Authority within such time, not being less than fourteen (14) days, as may be provided by the notice, with such information (including copies of any relevant books, records or other documents) as the Authority officer may reasonably require for any purpose relating to the administration or enforcement of these Regulations.

                    3.The Authority may require a Reporting Financial Institution to produce books, records or other documentation; to provide information, explanations and particulars; and to give all assistance which the Authority may reasonably relating to the administration or enforcement of these Regulations.

                    4.The Authority may request information from any Account Holder that has a Reportable Account held with a Reporting Financial Institution subject to the supervision of the Authority for purposes of these Regulations, inclusive of (but not limited to) all records held in connection with the information or certifications provided to the Reporting Financial Institution pursuant to these Regulations, and the Authority may ask a Reporting Financial Institution to assist it to obtain such information or records from Account Holders.

                    5.Every Reporting Financial Institution shall keep records of the steps undertaken and any evidence relied upon for the performance of the due diligence procedures and measures to obtain those records that the Reporting Financial Institution obtains or creates for the purpose of complying with these Regulations.

                    6- Every Reporting Financial Institution required by these Regulations to keep records that does so electronically shall retain them in an electronically readable format for the retention period of five (5) years after the date of reporting to the Authority as per Schedule 1, Section I, Paragraph F.

                    7- Every Reporting Financial Institution that obtains or creates records, as required under these Regulations, in a language other than English shall, upon request, provide an English translation to the Authority.

                    8- Under these Regulations, every Reporting Financial Institution is required to file their information returns electronically with the Authority.

                    9- Every Reporting Financial Institution required to report certain information by these Regulations, shall file such information electronically using such technology as may be approved or provided by the Authority, and in such form as the Authority may require.

                  • Article (4)

                    Every Reporting Financial Institution that is required to keep, obtain or create records under these Regulations shall retain those records for a period of at least five (5) years after the date of reporting to the Authority as per Schedule 1, Section I, Paragraph F.

                  • Article (5)

                    The board shall impose the following penalties on every Reporting Financial Institution which fails to comply with a duty or obligation imposed by these Regulations, and according to the following:

                    1. 1- where a Reporting Financial Institution signs or otherwise positively affirms a false self-certification, to a penalty of twenty five thousand dirham (AED 25,000);
                       
                    2. 2- where a Reporting Financial Institution fails to retain the documentation and information it collected in the course of meeting its reporting and due diligence obligations for a minimum period of five years after the date of reporting to the Authority as per Schedule 1, Section I, Paragraph F., to a penalty often thousand dirham (AED 10,000);
                       
                    3. 3- where a Reporting Financial Institution fails to apply the due diligence procedures specified in Schedule 1, Section II through to Section VII to these Regulations to a penalty of twenty five thousand dirham (AED 25,000);
                       
                    4. 4- where a Reporting Financial Institution fails to report the information required to be reported in terms of these Regulation to a penalty of:
                       
                      1. A- Ten thousand dirham (AED 10,000); and

                        B- five hundred dirham (AED 500) for every day during which the failure continues: provided that this penalty shall not exceed in total hundred thousand dirham (AED 100,000);
                         
                    5. 5- where a Reporting Financial Institution fails to report the information required to be reported in terms of these Regulation in a complete and accurate manner, to a penalty of:
                       
                      1. A- in the case of minor errors -
                         
                        1. thousand dirham (AED 1,000); and
                           
                        2. hundred dirham (AED 100) for every day during which failure continues: provided that this penalty shall not exceed in total twenty five thousand dirham (AED 25,000);
                           
                        B- in the case of significant non-compliance, a penalty of two hundred fifty thousand dirham (AED 250,000);
                         
                    6. 6- Where, notwithstanding any action taken by the Authority under these Regulations, the penalties remain outstanding or the default in respect of which such penalties have been imposed continues to subsist, as the case may be, the Authority may serve further default notices in accordance with these Regulations on the said Reporting Financial Institution imposing with each successive notice double the amount of the said penalties, provided that such penalties shall not exceed in total two hundred fifty thousand dirham (AED 250,000) in respect of each specific default; Provided that each such successive note shall supersede the previous notice served on the Reporting Financial Institution for the same default but any payment made in respect of that previous notice shall be taken into account accordingly.
                  • Article (6)

                    The Authority, or its delegate, may order certain actions that Reporting Financial Institutions must take subsequent to a contravention of these Regulations.

                  • Article (7)

                    1. Liability to a penalty under article (5) does not arise if the Reporting Financial Institution satisfies the Authority that there is a reasonable excuse for the failure;
                       
                    2. Neither of the following is a reasonable excuse:

                      a. that there is an insufficiency of funds to do something, or

                      b. that a person relies upon another person to do something.
                       
                    3. If a Reporting Financial Institution had a reasonable excuse for a failure but the excuse has ceased, the Reporting Financial Institution is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased.
                  • Article (8)

                    1. If a Reporting Financial Institution becomes liable to a penalty under article (5), the Authority shall:
                       
                      1. assess the penalty, and

                      2. notify the Reporting Financial Institution of the assessment.
                         
                    2. An assessment of a penalty under article (5) shall be made within the period of twelve (12) months beginning with the date on which
                       
                      1. the Reporting Financial Institution became liable to the penalty, or
                         
                      2. the inaccuracy first came to the attention of the Authority.
                         
                    3. A Reporting Financial Institution may appeal against a penalty assessment
                       
                      1. on the grounds that liability to a penalty under article (5) does not arise, or
                         
                      2. as to the amount of such a penalty.
                         
                    4. Notice of an appeal under section (3) of this article shall
                       
                      1. be provided to the Board, in writing, before the end of the period thirty (30) calendar days beginning with the date on which notification section (1) of this article was provided, and
                         
                      2. set out the grounds of appeal.
                       
                    5. On an appeal under section (4) of this article that is notified to the Authority, the Board may confirm or cancel the assessment.
                       
                    6. On appeal under section (4) of this article that is notified to the Authority, the Board may confirm the assessment or substitute another assessment that the Authority had power to make.
                       
                    7. The Authority shall have a maximum of sixty (60) calendar days in which to consider the appeal. If the Authority fails to give written notice of its decision for the appeal, then the appeal will be deemed to have been successful.
                       
                    8. A penalty under article (5) of these Regulations shall be paid to the Authority within thirty (30) calendar days after
                       
                      1. the date on which notification under section (1) of this article is provided in respect of the penalty, or

                      2. the date on which an appeal against a penalty assessment pursuant to Subarticle (2) of this article is finally determined or withdrawn.
                  • Article (9)

                    1. If a Reporting Financial Institution, person or intermediary enters into any arrangements or engages in a practice, the main purpose or one of the main purposes, of which can reasonably be considered to be to avoid an obligation imposed under these Regulations thereunder, the Reporting Financial Institution, person or intermediary is subject to the obligation as if the Reporting Financial Institution, person or intermediary had not entered into the arrangement or engaged in the practice.
                       
                    2. Unless it can be shown that it was done in bad faith, neither the Authority, its delegate, nor any Authority officer can be held liable for any act, attempted act or omission in the performance, purported non-performance or non¬performance of its functions in connection with these Regulations.
                  • Article (10)

                    1) These Regulations shall be published in the Official Gazette and shall come into force in the day following the date of publication thereof, except in respect of the following where they shall apply retrospectively:

                    2) in respect of Pre-existing Accounts that are subject to due diligence requirements under the Regulations, the effective date for purposes of these Regulations is 31 December, 2016; and

                    3) in respect of New Accounts that are subject to due diligence requirements under the Regulations, the effective date for purposes of these Regulations is 1 January, 2017.

                  • Schedule 1 Automatic Exchange of Financial Account Information Regulations

                    • Section I General Reporting Requirements

                      1. A. Subject to paragraphs C through E, each Reporting Financial Institution must collect and report to the UAE Competent Authority the following information with respect to each Reportable Account of such Reporting Financial Institution:
                      1. the name, address, jurisdiction(s) of residence, TIN(s) and date and place of birth (in the case of an individual) of each Reportable Person that is an Account Holder of the account and, in the case of any Entity that is an Account Holder and that, after application of the due diligence procedures consistent with Sections V, VI and VII, is identified as having one or more Controlling Persons that is a Reportable Person, the name, address, jurisdiction(s) of residence and TIN(s) of the Entity and the name, address, jurisdiction(s) of residence, TIN(s) and date and place of birth of each Reportable Person;
                      2. the account number\ insurance contract (or functional equivalent in the absence of an account number);
                      3. the name and identifying number (if any) of the Reporting Financial Institution;
                      4. the account balance or value (including, in the case of a Cash Value Insurance Contract or Annuity Contract, the Cash Value or surrender value) as of the end of the relevant calendar year or, if the account was closed during such year, the closure of the account;
                      5. in the case of any Custodial Account:
                        (a) the total gross amount of interest, the total gross amount of dividends, and the total gross amount of other income generated with respect to the assets held in the account, in each case paid or credited to the account (or with respect to the account) during the calendar year; and
                        (b) the total gross proceeds from the sale or redemption of Financial Assets paid or credited to the account during the calendar year with respect to which the Reporting Financial Institution acted as a custodian, broker, nominee, or otherwise as an agent for the Account Holder;
                      6. in the case of any Depository Account, the total gross amount of interest paid or credited to the account during the calendar year; and
                      7. in the case of any account not described in subparagraph A(5) or (6), the total gross amount paid or credited to the Account Holder with respect to the account during the calendar year with respect to which the Reporting Financial Institution is the obligor or debtor, including the aggregate amount of any redemption payments made to the Account Holder during the calendar year.
                        B. The information reported must identify the currency in which each amount is denominated.

                        C. Notwithstanding subparagraph A(l), with respect to each Reportable Account that is a Pre¬ existing Account or with respect to each Financial Account that is opened prior to becoming a Reportable Account, the TIN(s) or date of birth is not required to be reported if such TIN(s) or date of birth is not in the records of the Reporting Financial Institution and is not otherwise required to be collected by such Reporting Financial Institution under domestic law. However, a Reporting Financial Institution is required to use reasonable efforts to obtain the TIN(s) and date of birth with respect to Pre-existing Accounts by the end of the second calendar year following the year in which Pre-existing Accounts were identified as Reportable Accounts.

                        D. Notwithstanding subparagraph A(l), the TIN is not required to be reported if (i) a TIN is not issued by the relevant Reportable Jurisdiction or (ii) the domestic law of the relevant Reportable Jurisdiction does not require the collection of the TIN issued by such Jurisdiction.

                        E. Notwithstanding subparagraph A(l), the place of birth is not required to be reported unless the Reporting Financial Institution is otherwise required to obtain and report it under domestic law and it is available in the electronically searchable data maintained by the Reporting Financial Institution.

                        F. Each Reporting Financial Institution must file an information return with the Regulatory Authority containing the information described in paragraph A on or before 30th June of the year following the calendar year to which the return relates.

                        G. If a Reporting Financial Institution applies the due diligence procedures described in Sections V, VI and VII for a calendar year and no Financial Account is identified as a Reportable Account, the institution shall file an information return, which provides that the institution maintains no such Reportable Accounts in respect of that year, with the Regulatory Authority on or before 30th June of the year following the calendar year to which the return relates.
                    • Section II General Due Diligence Requirements

                      A. A Reporting Financial Institution must establish, maintain and document the due diligence procedures set out in Sections II through VII that are designed to identify Reportable Accounts maintained by the institution.

                      B. An account is treated as a Reportable Account beginning as of the date it is identified as such pursuant to the due diligence procedures in Sections II through VII and, unless otherwise provided, information with respect to a Reportable Account must be reported annually in the calendar year following the year to which the information relates.

                      C. The balance or value of an account is determined as of the last day of the calendar year.

                      D. Where a balance or value threshold is to be determined as of the last day of a calendar year, the relevant balance or value must be determined as of the last day of the reporting period that ends with or within that calendar year.

                      E. A Reporting Financial Institutions may use a service provider to fulfil the reporting and due diligence obligations imposed on such institution, but these obligations shall remain the responsibility of the Reporting Financial Institutions.

                      F. A Reporting Financial Institutions may apply

                      1. (a) the due diligence procedures for New Accounts to all Pre-existing Accounts or with respect to any clearly identified group of Pre-existing Accounts, and the rules otherwise applicable to Pre-existing Accounts continue to apply; and
                         
                      2. (b) the due diligence procedures for High Value Accounts to Lower Value Accounts.
                    • Section III Due Diligence for Pre-Existing Individual Accounts

                      The following procedures apply with respect to Pre-existing Individual Accounts.

                      A. Accounts Not Required to be Reviewed, Identified, or Reported. A Pre-existing Individual Account that is a Cash Value Insurance Contract or an Annuity Contract is not required to be reviewed, identified or reported, provided the Reporting Financial Institution is effectively prevented by law from selling such Contracts to residents of a Reportable Jurisdiction.

                      B. Lower Value Accounts. The following procedures apply with respect to Lower Value Accounts.

                      1. Residence Address. If the Reporting Financial Institution has in its records a current residence address for the individual Account Holder based on Documentary Evidence, the Reporting Financial Institution may treat the individual Account Holder as being a resident for tax purposes of the jurisdiction in which the address is located for purposes of determining whether such individual Account Holder is a Reportable Person.
                      2. Electronic Record Search. If the Reporting Financial Institution does not rely on a current residence address for the individual Account Holder based on Documentary Evidence as set forth in subparagraph B(l), the Reporting Financial Institution must review electronically searchable data maintained by the Reporting Financial Institution for any of the following indicia and apply subparagraphs B(3) to (6):
                        (a) identification of the Account Holder as a resident of a Reportable Jurisdiction;
                        (b) current mailing or residence address (including a post office box) in a Reportable Jurisdiction;
                        (c) one or more telephone numbers in a Reportable Jurisdiction and no telephone number in the jurisdiction of the Reporting Financial Institution;
                        (d) standing instructions (other than with respect to a Depository Account) to transfer funds to an account maintained in a Reportable Jurisdiction;
                        (e) currently effective power of attorney or signatory authority granted to a person with an address in a Reportable Jurisdiction; or
                        (f) a "hold mail" instruction or "in-care-of" address in a Reportable Jurisdiction if the Reporting Financial Institution does not have any other address on file for the Account Holder.
                      3. If none of the indicia listed in subparagraph B(2) are discovered in the electronic search, then no further action is required until there is a change in circumstances that results in one or more indicia being associated with the account, or the account becomes a High Value Account.
                      4. If any of the indicia listed in subparagraph B(2)(a) through (e) are discovered in the electronic search, or if there is a change in circumstances that results in one or more indicia being associated with the account, then the Reporting Financial Institution must treat the Account Holder as a resident for tax purposes of each Reportable Jurisdiction for which an indicium is identified, unless it elects to apply subparagraph B(6) and one of the exceptions in that subparagraph applies with respect to that account.
                      5. If a "hold mail" instruction or "in-care-of address is discovered in the electronic search and no other address and none of the other indicia listed in subparagraph B(2)(a) through (e) are identified for the Account Holder, the Reporting Financial Institution must, in the order most appropriate to the circumstances, apply the paper record search described in subparagraph C(2), or seek to obtain from the Account Holder a self-certification or Documentary Evidence to establish the residence(s) for tax purposes of such Account Holder. If the paper search fails to establish an indicium and the attempt to obtain the self-certification or Documentary Evidence is not successful, the Reporting Financial Institution must report the account as an undocumented account to the UAE Competent Authority.
                      6. Notwithstanding a finding of indicia under subparagraph B(2), a Reporting Financial Institution is not required to treat an Account Holder as a resident of a Reportable Jurisdiction if:
                        (a) the Account Holder information contains a current mailing or residence address in the Reportable Jurisdiction, one or more telephone numbers in the Reportable Jurisdiction (and no telephone number in the jurisdiction of the Reporting Financial Institution) or standing instructions (with respect to Financial Accounts other than Depository Accounts) to transfer funds to an account maintained in a Reportable Jurisdiction, and the Reporting Financial Institution obtains, or has previously reviewed and maintains, a record of:
                        1. (i) a self-certification from the Account Holder of the jurisdiction(s) of residence of such Account Holder that does not include such Reportable Jurisdiction; and
                          (ii) Documentary Evidence establishing the Account Holder's residence for tax purposes other than such Reportable Jurisdiction;
                        (b) the Account Holder information contains a currently effective power of attorney or signatory authority granted to a person with an address in the Reportable Jurisdiction, and the Reporting Financial Institution obtains, or has previously reviewed and maintains, a record of:
                        1. (i) a self-certification from the Account Holder of the jurisdiction(s) of residence of such Account Holder that does not include such Reportable Jurisdiction; or
                          (ii) Documentary Evidence establishing the Account Holder's residence for tax purposes other than such Reportable Jurisdiction.

                      C. Enhanced Review Procedures for High Value Accounts. The following enhanced review procedures apply with respect to High Value Accounts.

                      1. Electronic Record Search. With respect to High Value Accounts, the Reporting Financial Institution must review electronically searchable data maintained by the Reporting Financial Institution for any of the indicia described in subparagraph B(2).
                      2. Paper Record Search. If the Reporting Financial Institution's electronically searchable databases include fields for, and capture all of the information described in, subparagraph C(3), then a further paper record search is not required. If the electronic databases do not capture all of this information, then with respect to a High Value Account, the Reporting Financial Institution must also review the current customer master file and, to the extent not contained in the current customer master file, the following documents associated with the account and obtained by the Reporting Financial Institution within the last five years for any of the indicia described in subparagraph B(2):
                        (a) the most recent Documentary Evidence collected with respect to the account;
                        (b) the most recent account opening contract or documentation;
                        (c) the most recent documentation obtained by the Reporting Financial Institution pursuant to AML/KYC Procedures or for other regulatory purposes;
                        (d) any power of attorney or signature authority forms currently in effect; and
                        (e) any standing instructions (other than with respect to a Depository Account) to transfer funds currently in effect.
                      3. Exception To The Extent Databases Contain Sufficient Information. A Reporting Financial Institution is not required to perform the paper record search described in subparagraph C(2) to the extent the Reporting Financial Institution's electronically searchable information includes the following:
                        (a) the Account Holder's residence status;
                        (b) the Account Holder's residence address and mailing address currently on file with the Reporting Financial Institution;
                        (c) the Account Holder's telephone number(s) currently on file, if any, with the Reporting Financial Institution;
                        (d) in the case of Financial Accounts other than Depository Accounts, whether there are standing instructions to transfer funds in the account to another account (including an account at another branch of the Reporting Financial Institution or another Financial Institution);
                        (e) whether there is a current "in-care-of" address or "hold mail" instruction for the Account Holder; and
                        (f) whether there is any power of attorney or signatory authority for the account.
                      4. Relationship Manager Inquiry for Actual Knowledge. In addition to the electronic and paper record searches described in subparagraphs C(l) and (2), the Reporting Financial Institution must treat as a Reportable Account any High Value Account assigned to a relationship manager (including any Financial Accounts aggregated with that High Value Account) if the relationship manager has actual knowledge that the account is held by a resident for tax purposes in a Reportable Jurisdiction.
                      5. Effect of Finding Indicia.
                        (a) If none of the indicia listed in subparagraph B(2) are discovered in the enhanced review of High Value Accounts described in paragraph C, and the account is not identified as held by a resident for tax purposes in a Reportable Jurisdiction in subparagraph C(4), then further action is not required until there is a change in circumstances that results in one or more indicia being associated with the account.
                        (b) If any of the indicia listed in subparagraphs B(2)(a) through (e) are discovered in the enhanced review of High Value Accounts described in paragraph C, or if there is a subsequent change in circumstances that results in one or more indicia being associated with the account, then the Reporting Financial Institution must treat the Account Holder as a resident for tax purposes of each Reportable Jurisdiction for which an indicium is identified unless it elects to apply subparagraph B(6) and one of the exceptions in that subparagraph applies with respect to that account.
                        (c) If a "hold mail" instruction or "in-care-of" address is discovered in the enhanced review of High Value Accounts described in paragraph C, and no other address and none of the other indicia listed in subparagraphs B(2)(a) through (e) are identified for the Account Holder, the Reporting Financial Institution must obtain from such Account Holder a self-certification or Documentary Evidence to establish the residence(s) for tax purposes of the Account Holder. If the Reporting Financial Institution cannot obtain such self-certification or Documentary Evidence, it must report the account as an undocumented account to the UAE Competent Authority.
                      6. If a Pre-existing Individual Account is not a High Value Account as of 31 December 2016, but becomes a High Value Account as of the last day of a subsequent calendar year, the Reporting Financial Institution must complete the enhanced review procedures described in paragraph C with respect to such account within the calendar year following the year in which the account becomes a High Value Account. If based on this review such account is identified as a Reportable Account, the Reporting Financial Institution must report the required information about such account with respect to the year in which it is identified as a Reportable Account and subsequent years on an annual basis, unless the Account Holder ceases to be a Reportable Person.
                      7. Once a Reporting Financial Institution applies the enhanced review procedures described in paragraph C to a High Value Account, the Reporting Financial Institution is not required to re-apply such procedures, other than the relationship manager inquiry described in subparagraph C(4), to the same High Value Account in any subsequent year unless the account is undocumented where the Reporting Financial Institution should re-apply them annually until such account ceases to be undocumented.
                      8. If there is a change of circumstances with respect to a High Value Account that results in one or more indicia described in subparagraph B(2) being associated with the account, then the Reporting Financial Institution must treat the account as a Reportable Account with respect to each Reportable Jurisdiction for which an indicium is identified unless it elects to apply subparagraph B(6) and one of the exceptions in that subparagraph applies with respect to that account.
                      9. A Reporting Financial Institution must implement procedures to ensure that a relationship manager identifies any change in circumstances of an account. For example, if a relationship manager is notified that the Account Holder has a new mailing address in a Reportable Jurisdiction, the Reporting Financial Institution is required to treat the new address as a change in circumstances and, if it elects to apply subparagraph B(6), is required to obtain the appropriate documentation from the Account Holder.

                      D. Review of Pre-existing High Value Individual Accounts must be completed by 31 December 2017 and review of Pre-existing Lower Value Individual Accounts must be completed by 31 December 2018.

                      E. Any Pre-existing Individual Account that has been identified as a Reportable Account under this Section must be treated as a Reportable Account in all subsequent years, unless the Account Holder ceases to be a Reportable Person.

                    • Section IV Due Diligence for New Individual Accounts

                      The following procedures apply with respect to New Individual Accounts.

                      A. With respect to New Individual Accounts, upon account opening, the Reporting Financial Institution must obtain a self-certification, which may be part of the account opening documentation, that allows the Reporting Financial Institution to determine the Account Holder's residence(s) for tax purposes and confirm the reasonableness of such self-certification based on the information obtained by the Reporting Financial Institution in connection with the opening of the account, including any documentation collected pursuant to AML/KYC Procedures.

                      B. If the self-certification establishes that the Account Holder is resident for tax purposes in a Reportable Jurisdiction, the Reporting Financial Institution must treat the account as a Reportable Account and the self-certification must also include the Account Holder's TIN with respect to such Reportable Jurisdiction (subject to paragraph D of Section I) and date of birth.

                      C. If there is a change of circumstances with respect to a New Individual Account that causes the Reporting Financial Institution to know, or have reason to know, that the original self- certification is incorrect or unreliable, the Reporting Financial Institution cannot rely on the original self-certification and must obtain a valid self-certification that establishes the residence(s) for tax purposes of the Account Holder.

                    • Section V Due Diligence for Pre-Existing Entity Accounts

                      The following procedures apply with respect to Pre-existing Entity Accounts.

                      A. Entity Accounts Not Required to Be Reviewed, Identified or Reported. Unless the Reporting Financial Institution elects otherwise, either with respect to all Pre-existing Entity Accounts or, separately, with respect to any clearly identified group of such accounts, a Pre-existing Entity Account with an aggregate account balance or value that does not exceed USD 250 000 as of 31 December 2016 is not required to be reviewed, identified, or reported as a Reportable Account until the aggregate account balance or value exceeds that amount as of the last day of any subsequent calendar year.

                      B. Entity Accounts Subject to Review. A Pre-existing Entity Account that has an aggregate account balance or value that exceeds USD 250 000 as of 31 December 2016, and a Pre-existing Entity Account that does not exceed USD 250 000 as of 31 December 2016 but the aggregate account balance or value of which exceeds USD 250 000 as of the last day of any subsequent calendar year, must be reviewed in accordance with the procedures set forth in paragraph D.

                      C. Review Procedures for Identifying Entity Accounts With Respect to Which Reporting Is Required. For Pre-existing Entity Accounts described in paragraph B, a Reporting Financial Institution must apply the following review procedures:

                      1. Determine the Residence of the Entity.
                        (a) Review information maintained for regulatory or customer relationship purposes (including information collected pursuant to AML/KYC Procedures) to determine the Account Holder's residence. For this purpose, information indicating that the Account Holder's residence includes a place of incorporation or organisation, or an address in a Reportable Jurisdiction.
                        (b) If the information indicates that the Account Holder is a Reportable Person, the Reporting Financial Institution must treat the account as a Reportable Account unless it obtains a self-certification from the Account Holder, or reasonably determines based on information in its possession or that is publicly available, that the Account Holder is not a Reportable Person.
                      2. Determine the Residence of the Controlling Persons of a Passive NFE. With respect to an Account Holder of a Pre-existing Entity Account (including an Entity that is a Reportable Person), the Reporting Financial Institution must determine whether the Account Holder is a Passive NFE with one or more Controlling Persons and determine the residence of such Controlling Persons. If any of the Controlling Persons of a Passive NFE is a Reportable Person, then the account must be treated as a Reportable Account. In making these determinations the Reporting Financial Institution must follow the guidance in subparagraphs C(2)(a) through (c) in the order most appropriate under the circumstances.
                        (a) Determining whether the Account Holder is a Passive NFE. For purposes of determining whether the Account Holder is a Passive NFE, the Reporting Financial Institution must obtain a self-certification from the Account Holder to establish its status, unless it has information in its possession or that is publicly available, based on which it can reasonably determine that the Account Holder is an Active NFE or a Financial Institution other than an Investment Entity described in subparagraph A(6)(b) of Section VIII that is not a Participating Jurisdiction Financial Institution.
                        (b) Determining the Controlling Persons of an Account Holder. For the purposes of determining the Controlling Persons of an Account Holder, a Reporting Financial Institution may rely on information collected and maintained pursuant to AML/KYC Procedures.
                        (c) Determining the residence of a Controlling Person of a Passive NFE. For the purposes of determining the residence of a Controlling Person of a Passive NFE, a Reporting Financial Institution may rely on:
                        1. (i) information collected and maintained pursuant to AML/KYC Procedures in the case of a Pre-existing Entity Account held by one or more NFEs with an aggregate account balance or value that does not exceed USD 1000 000; or
                          (ii) a self-certification from the Account Holder or such Controlling Person of the jurisdiction(s) in which the controlling person is resident for tax purposes. If a self-certification is not provided, the Reporting Financial Institution will establish such residence(s) by applying the procedures described in paragraph C of Section III.

                      D. Timing of Review and Additional Procedures Applicable to Pre-existing Entity Accounts.

                      1. Review of Pre-existing Entity Accounts with an aggregate account balance or value that exceeds USD 250 000 as of 31 December 2016, must be completed by 31 December 2018.

                      2. Review of Pre-existing Entity Accounts with an aggregate account balance or value that does not exceed USD 250 000 as of 31 December 2016, but exceeds USD 250 000 as of 31 December of a subsequent year, must be completed within the calendar year following the year in which the aggregate account balance or value exceeds USD 250 000.

                      3. If there is a change of circumstances with respect to a Pre-existing Entity Account that causes the Reporting Financial Institution to know, or have reason to know, that the self-certification or other documentation associated with an account is incorrect or unreliable, the Reporting Financial Institution must re-determine the status of the account in accordance with the procedures set forth in paragraph C.

                    • Section VI Due Diligence for New Entity Accounts

                      The following procedures apply with respect to New Entity Accounts.

                      A. Review Procedures for Identifying Entity Accounts With Respect to Which Reporting Is Required. For New Entity Accounts, a Reporting Financial Institution must apply the following review procedures:

                      1. Determine the Residence of the Entity.
                        (a) Obtain a self-certification, which may be part of the account opening documentation, that allows the Reporting Financial Institution to determine the Account Holder's residence(s) for tax purposes and confirm the reasonableness of such self-certification based on the information obtained by the Reporting Financial Institution in connection with the opening of the account, including any documentation collected pursuant to AML/KYC Procedures. If the Entity certifies that it has no residence for tax purposes, the Reporting Financial Institution may rely on the address of the principal office of the Entity to determine the residence of the Account Holder.
                        (b) If the self-certification indicates that the Account Holder is resident in a Reportable Jurisdiction, the Reporting Financial Institution must treat the account as a Reportable Account, unless it reasonably determines based on information in its possession or that is publicly available that the Account Holder is not a Reportable Person with respect to such Reportable Jurisdiction.
                      2. Determine the Residence of the Controlling Persons of a Passive NFE. With respect to an Account Holder of a New Entity Account (including an Entity that is a Reportable Person), the Reporting Financial Institution must determine whether the Account Holder is a Passive NFE with one or more Controlling Persons and determine the residence of such Reportable Persons. If any of the Controlling Persons of a Passive NFE is a Reportable Person, then the account must be treated as a Reportable Account. In making these determinations the Reporting Financial Institution must follow the guidance in subparagraphs A(2)(a) through (c) in the order most appropriate under the circumstances.
                        (a) Determining whether the Account Holder is a Passive NFE. For purposes of determining whether the Account Holder is a Passive NFE, the Reporting Financial Institution must rely on a self-certification from the Account Holder to establish its status, unless it has information in its possession or that is publicly available, based on which it can reasonably determine that the Account Holder is an Active NFE or a Financial Institution other than an Investment Entity described in subparagraph A(6)(b) of Section VIII that is not a Participating Jurisdiction Financial Institution.
                        (b) Determining the Controlling Persons of an Account Holder. For purposes of determining the Controlling Persons of an Account Holder, a Reporting Financial Institution may rely on information collected and maintained pursuant to AML/KYC Procedures.
                        (c) Determining the residence of a Controlling Person of a Passive NFE. For purposes of determining the residence of a Controlling Person of a Passive NFE, a Reporting Financial Institution may rely on a self-certification from the Account Holder or such Controlling Person.
                    • Section VII Special Due Diligence Rules

                      The following additional rules apply in implementing the due diligence procedures described above:

                      A. Reliance on Self-Certifications and Documentary Evidence. A Reporting Financial Institution may not rely on a self- certification or Documentary Evidence if the Reporting Financial Institution knows or has reason to know that the self-certification or Documentary Evidence is incorrect or unreliable.

                      B. Alternative Procedures for Financial Accounts held by Individual Beneficiaries of a Cash Value Insurance Contract or an Annuity Contract and for a Group Cash Value Insurance Contract or Group Annuity Contract. A Reporting Financial Institution may presume that an individual beneficiary (other than the owner) of a Cash Value Insurance Contract or an Annuity Contract receiving a death benefit is not a Reportable Person and may treat such Financial Account as other than a Reportable Account unless the Reporting Financial Institution has actual knowledge, or reason to know, that the beneficiary is a Reportable Person. A Reporting Financial Institution has reason to know that a beneficiary of a Cash Value Insurance Contract or an Annuity Contract is a Reportable Person if the information collected by the Reporting Financial Institution and associated with the beneficiary contains indicia as described in paragraph B of Section III. If a Reporting Financial Institution has actual knowledge, or reason to know, that the beneficiary is a Reportable Person, the Reporting Financial Institution must follow the procedures in paragraph B of Section III.

                      A Reporting Financial Institution may treat a Financial Account that is a member's interest in a Group Cash Value insurance Contract or Group Annuity Contract as a Financial Account that is not a Reportable Account until the date on which an amount is payable to the employee/certificate holder or beneficiary, if the Financial Account that is a member's interest in a Group Cash Value Insurance Contract or Group Annuity Contract meets the following requirements:

                      1. (a) the Group Cash Value Insurance Contract or Group Annuity Contract is issued to an employer and covers 25 or more employees/certificate holders;
                      2. (b) the employee/certificate holders are entitled to receive any contract value related to their interests and to name beneficiaries for the benefit payable upon the employee's death; and
                      3. (c) the aggregate amount payable to any employee/certificate holder or beneficiary does not exceed USD 1 000 000.

                      The term "Group Cash Value Insurance Contract" means a Cash Value Insurance Contract that (i) provides coverage on individuals who are affiliated through an employer, trade association, labour union, or other association or group; and (ii) charges a premium for each member of the group (or member of a class within the group) that is determined without regard to the individual health characteristics other than age, gender, and smoking habits of the member (or class of members) of the group.

                      The term "Group Annuity Contract" means an Annuity Contract under which the obligees are individuals who are affiliated through an employer, trade association, labour union, or other association or group.

                      C. Account Balance Aggregation and Currency Rules.

                      1. Aggregation of Individual Accounts. For purposes of determining the aggregate balance or value of Financial Accounts held by an individual, a Reporting Financial Institution is required to aggregate all Financial Accounts maintained by the Reporting Financial Institution, or by a Related Entity, but only to the extent that the Reporting Financial Institution's computerised systems link the Financial Accounts by reference to a data element such as client number or TIN, and allow account balances or values to be aggregated. Each holder of a jointly held Financial Account shall be attributed the entire balance or value of the jointly held Financial Account for purposes of applying the aggregation requirements described in this subparagraph.
                      2. Aggregation of Entity Accounts. For purposes of determining the aggregate balance or value of Financial Accounts held by an Entity, a Reporting Financial Institution is required to take into account all Financial Accounts that are maintained by the Reporting Financial Institution, or by a Related Entity, but only to the extent that the Reporting Financial Institution's computerised systems link the Financial Accounts by reference to a data element such as client number or TIN, and allow account balances or values to be aggregated. Each holder of a jointly held Financial Account shall be attributed the entire balance or value of the jointly held Financial Account for purposes of applying the aggregation requirements described in this subparagraph.
                      3. Special Aggregation Rule Applicable to Relationship Managers. For purposes of determining the aggregate balance or value of Financial Accounts held by a person to determine whether a financial account is a High Value Account, a Reporting Financial Institution is also required, in the case of any Financial Accounts that a relationship manager knows, or has reason to know, are directly or indirectly owned, controlled, or established (other than in a fiduciary capacity) by the same person, to aggregate all such accounts.
                      4. Amounts Read to Include Equivalent in Other Currencies.
                        (a) All dollar amounts are in US dollars and shall be read to include equivalent amounts in other currencies, as determined by domestic law.
                        (b) In determining the balance or value of an account denominated in a currency (other than US dollars) for the purposes of these Regulations, the financial institution shall translate the relevant US dollars threshold amount described in these Regulations into the other currency by reference to the spot rate of exchange on the date for which the institution is determining the threshold amounts.
                      5. Accounts with negative balance. An account with a balance or value that is negative is deemed to have a balance or value equal to nil.
                    • Section VIII Defined Terms

                      The following terms have the meanings set forth below:

                      A. Reporting Financial Institution

                      1. The term "Reporting Financial Institution" means any UAE Financial Institution that is not a Non-Reporting Financial Institution. The term "Jurisdiction Financial Institution" means: (i) any Financial Institution that is resident in the UAE, but excludes any branch of that Financial Institution that is located outside of the UAE; and (ii) any branch of a Financial Institution that is not resident in the UAE, if that branch is located in the UAE.
                      2. The term "Participating Jurisdiction Financial Institution" means (i) any Financial Institution that is resident in a Participating Jurisdiction, but excludes any branch of that Financial Institution that is located outside such Participating Jurisdiction; and (ii) any branch of a Financial Institution that is not resident in a Participating Jurisdiction, if that branch is located in such Participating Jurisdiction.
                      3. The term "Financial Institution" means a Custodial Institution, a Depository Institution, an Investment Entity, or a Specified Insurance Company.
                      4. The term "Custodial Institution" means any Entity that holds, as a substantial portion of its business, Financial Assets for the account of others. An Entity holds Financial Assets for the account of others as a substantial portion of its business if the Entity's gross income attributable to the holding of Financial Assets and related financial services equals or exceeds 20% of the Entity's gross income during the shorter of: (i) the three-year period that ends on 31 December prior to the year in which the determination is being made; or (ii) the period during which the Entity has been in existence.
                      5. The term "Depository Institution" means any Entity that accepts deposits in the ordinary course of a banking or similar business.
                      6. The term "Investment Entity" means any Entity:
                        (a) that primarily conducts as a business one or more of the following activities or operations for or on behalf of a customer:
                        1. (i) trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading;
                          (ii) individual and collective portfolio management; or
                          (iii) otherwise investing, administering, or managing Financial Assets or money on behalf of other persons; or
                        (b) the gross income of which is primarily attributable to investing, reinvesting, or trading in Financial Assets, if the Entity is managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company, or an Investment Entity described in subparagraph A(6)(a).

                      An Entity is treated as primarily conducting as a business one or more of the activities described in subparagraph A(6)(a), or an Entity's gross income is primarily attributable to investing, reinvesting, or trading in Financial Assets for the purposes of subparagraph A(6)(b), if the Entity's gross income attributable to the relevant activities equals or exceeds 50% of the Entity's gross income during the shorter of: (i) the three-year period ending on 31 December of the year preceding the year in which the determination is made; or (ii) the period during which the Entity has been in existence. The term "Investment Entity" does not include an Entity that is an Active NFE because that Entity meets any of the criteria in subparagraphs D(9)(d) through (g).

                      This paragraph shall be interpreted in a manner consistent with similar language set forth in the definition of "financial institution" in the Financial Action Task Force Recommendations.

                      1. The term "Financial Asset" includes a security (for example, a share of stock in a corporation; partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust; note, bond, debenture, or other evidence of indebtedness), partnership interest, commodity, swap (for example, interest rate swaps, currency swaps, basis swaps, interest rate caps, interest rate floors, commodity swaps, equity swaps, equity index swaps, and similar agreements), Insurance Contract or Annuity Contract, or any interest (including a futures or forward contract or option) in a security, partnership interest, commodity, swap, Insurance Contract, or Annuity Contract. The term "Financial Asset" does not include a non-debt, direct interest in real property.
                      2. The term "Specified Insurance Company" means any Entity that is an insurance company (or the holding company of an insurance company) which issues, or is obligated to make payments with respect to, a Cash Value Insurance Contract or an Annuity Contract.

                      B. Non-Reporting Financial Institution

                      1. The term "Non-Reporting Financial Institution" means any Financial Institution that is:
                        (a) a Governmental Entity, International Organisation or Central Bank, other than with respect to a payment that is derived from an obligation held in connection with a commercial financial activity of a type engaged in by a Specified Insurance Company, Custodial Institution, or Depository Institution;
                        (b) a Broad Participation Retirement Fund; a Narrow Participation Retirement Fund; a Pension Fund of a Governmental Entity, International Organisation or Central Bank; or a Qualified Credit Card Issuer;
                        (c) any other Entity that presents a low risk of being used to evade tax, has substantially similar characteristics to any of the Entities described in subparagraphs B(l)(a) and (b), and is included in the list of Non-Reporting Financial Institutions referred to in Annex 1 of these Regulations, provided that the status of such Entity as a Non-Reporting Financial Institution does not frustrate the purposes of these Regulations;
                        (d) an Exempt Collective Investment Vehicle; or
                        (e) a trust to the extent that the trustee of the trust is a Reporting Financial Institution and reports all information required to be reported pursuant to Section I with respect to all Reportable Accounts of the trust.
                      2. The term "Governmental Entity" means the government of a jurisdiction, any political subdivision of a jurisdiction (which, for the avoidance of doubt, includes a state, province, county, or municipality), or any wholly owned agency or instrumentality of a jurisdiction or of any one or more of the foregoing (each, a "Governmental Entity"). This category is comprised of the integral parts, controlled entities, and political subdivisions of a jurisdiction.
                        (a) An "integral part" of a jurisdiction means any person, organisation, agency, bureau, fund, instrumentality, or other body, however designated, that constitutes a governing authority of a jurisdiction. The net earnings of the governing authority must be credited to its own account or to other accounts of the jurisdiction, with no portion inuring to the benefit of any private person. An integral part does not include any individual who is a sovereign, official, or administrator acting in a private or personal capacity.
                        (b) A "controlled entity" means an Entity which is separate in form from the jurisdiction or that otherwise constitutes a separate juridical entity, provided that:
                        1. (i) the Entity is wholly owned and controlled by one or more Governmental Entities directly or through one or more controlled entities;
                          (ii) the Entity's net earnings are credited to its own account or to the accounts of one or more Governmental Entities, with no portion of its income inuring to the benefit of any private person; and
                          (iii) the Entity's assets vest in one or more Governmental Entities upon dissolution.
                        (c) Income does not inure to the benefit of private persons if such persons are the intended beneficiaries of a governmental programme, and the programme activities are performed for the general public with respect to the common welfare or relate to the administration of some phase of government. Notwithstanding the foregoing, however, income is considered to inure to the benefit of private persons if the income is derived from the use of a Governmental Entity to conduct a commercial business, such as a commercial banking business, that provides financial services to private persons.
                      3. The term "International Organisation" means any international organisation or wholly owned agency or instrumentality thereof. This category includes any intergovernmental organisation (including a supranational organisation) (i) that is comprised primarily of governments; (ii) that has in effect a headquarters or substantially similar agreement with the jurisdiction; and (iii) the income of which does not inure to the benefit of private persons.
                      4. The term "Central Bank" means an institution that is by law or government sanction the principal authority, other than the government of the jurisdiction itself, issuing instruments intended to circulate as currency. Such an institution may include an instrumentality that is separate from the government of the jurisdiction, whether or not owned in whole or in part by the jurisdiction.
                      5. The term "Broad Participation Retirement Fund" means a fund established to provide retirement, disability, or death benefits, or any combination thereof, to beneficiaries who are current or former employees (or persons designated by such employees) of one or more employers in consideration for services rendered, provided that the fund:
                        (a) does not have a single beneficiary with a right to more than 5% of the fund's assets;
                        (b) is subject to government regulation and provides information reporting to the tax authorities; and
                        (c) satisfies at least one of the following requirements:
                        1. (i) the fund is generally exempt from tax on investment income, or taxation of such income is deferred or taxed at a reduced rate, due to its status as a retirement or pension plan;
                          (ii) the fund receives at least 50% of its total contributions (other than transfers of assets from other plans described in subparagraphs B(5) through (7) or from retirement and pension accounts described in subparagraph C(17)(a)) from the sponsoring employers;
                          (iii) distributions or withdrawals from the fund are allowed only upon the occurrence of specified events related to retirement, disability, or death (except rollover distributions to other retirement funds described in subparagraphs B(5) through (7) or retirement and pension accounts described in subparagraph C(17)(a)), or penalties apply to distributions or withdrawals made before such specified events; or
                          (iv) contributions (other than certain permitted make-up contributions) by employees to the fund are limited by reference to earned income of the employee or may not exceed USD 50 000 annually, applying the rules set forth in paragraph C of Section VII for account aggregation and currency translation.
                      6. The term "Narrow Participation Retirement Fund" means a fund established to provide retirement, disability, or death benefits to beneficiaries who are current or former employees (or persons designated by such employees) of one or more employers in consideration for services rendered, provided that:
                        (a) the fund has fewer than 50 participants;
                        (b) the fund is sponsored by one or more employers that are not Investment Entities or Passive NFEs;
                        (c) the employee and employer contributions to the fund (other than transfers of assets from retirement and pension accounts described in subparagraph C(17)(a)) are limited by reference to earned income and compensation of the employee, respectively;
                        (d) participants that are not residents of the jurisdiction in which the fund is established are not entitled to more than 20 % of the fund's assets; and
                        (e) the fund is subject to government regulation and provides information reporting to the tax authorities.
                      7. The term "Pension Fund of a Governmental Entity, International Organisation or Central Bank" means a fund established by a Governmental Entity, International Organisation or Central Bank to provide retirement, disability, or death benefits to beneficiaries or participants who are current or former employees (or persons designated by such employees), or who are not current or former employees, if the benefits provided to such beneficiaries or participants are in consideration of personal services performed for the Governmental Entity, International Organisation or Central Bank.
                      8. The term "Qualified Credit Card Issuer" means a Financial Institution satisfying the following requirements:
                        (a) the Financial Institution is a Financial Institution solely because it is an issuer of credit cards that accepts deposits only when a customer makes a payment in excess of a balance due with respect to the card and the overpayment is not immediately returned to the customer; and
                        (b) beginning on or before 1 January 2017, the Financial Institution implements policies and procedures either to prevent a customer from making an overpayment in excess of USD 50 000, or to ensure that any customer overpayment in excess of that amount is refunded to the customer within 60 days, in each case applying the rules set forth in paragraph C of Section VII for account aggregation and currency translation. For this purpose, a customer overpayment does not refer to credit balances to the extent of disputed charges but does include credit balances resulting from merchandise returns.
                      9. The term "Exempt Collective Investment Vehicle" means an Investment Entity that is regulated as a collective investment vehicle, provided that all of the interests in the collective investment vehicle are held by or through individuals or Entities that are not Reportable Persons, except a Passive NFE with Controlling Persons who are Reportable Persons.

                      C. Financial Account

                      1. The term "Financial Account" means an account maintained by a Financial Institution, and includes a Depository Account, a Custodial Account and:
                        (a) in the case of an Investment Entity, any equity or debt interest in the Financial Institution. Notwithstanding the foregoing, the term "Financial Account" does not include any equity or debt interest in an Entity that is an Investment Entity solely because it (i) renders investment advice to, and acts on behalf of, or (ii) manages portfolios for, and acts on behalf of, a customer for the purpose of investing, managing, or administering Financial Assets deposited in the name of the customer with a Financial Institution other than such Entity;
                        (b) in the case of a Financial Institution not described in subparagraph C(l)(a), any equity or debt interest in the Financial Institution, if the class of interests was established with the purpose of avoiding reporting in accordance with Section I; and
                        (c) any Cash Value Insurance Contract and any Annuity Contract issued or maintained by a Financial Institution, other than a non-investment-linked, non-transferable immediate life annuity that is issued to an individual and monetises a pension or disability benefit provided under an account that is an Excluded Account.
                        The term "Financial Account" does not include any account that is an Excluded Account.
                         
                      2. The term "Depository Account" includes any commercial, checking, savings, time, or thrift account, or an account that is evidenced by a certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument maintained by a Financial Institution in the ordinary course of a banking or similar business. A Depository Account also includes an amount held by an insurance company pursuant to a guaranteed investment contract or similar agreement to pay or credit interest thereon.
                      3. The term "Custodial Account" means an account (other than an Insurance Contract or Annuity Contract) which holds one or more Financial Assets for the benefit of another person.
                      4. The term "Equity Interest" means, in the case of a partnership that is a Financial Institution, either a capital or profits interest in the partnership. In the case of a trust that is a Financial Institution, an Equity Interest is considered to be held by any person treated as a settlor or beneficiary of all or a portion of the trust, or any other natural person exercising ultimate effective control over the trust. A Reportable Person will be treated as being a beneficiary of a trust if such Reportable Person has the right to receive directly or indirectly (for example, through a nominee) a mandatory distribution or may receive, directly or indirectly, a discretionary distribution from the trust.
                      5. The term "Insurance Contract" means a contract (other than an Annuity Contract) under which the issuer agrees to pay an amount upon the occurrence of a specified contingency involving mortality, morbidity, accident, liability, or property risk.
                      6. The term "Annuity Contract" means a contract under which the issuer agrees to make payments for a period of time determined in whole or in part by reference to the life expectancy of one or more individuals. The term also includes a contract that is considered to be an Annuity Contract in accordance with the law, regulation, or practice of the jurisdiction in which the contract was issued, and under which the issuer agrees to make payments for a term of years.
                      7. The term "Cash Value Insurance Contract" means an Insurance Contract (other than an indemnity reinsurance contract between two insurance companies) that has a Cash Value.
                      8. The term "Cash Value" means the greater of (i) the amount that the policyholder is entitled to receive upon surrender or termination of the contract (determined without reduction for any surrender charge or policy loan); and (ii) the amount the policyholder can borrow under or with regard to the contract. Notwithstanding the foregoing, the term "Cash Value" does not include an amount payable under an Insurance Contract:
                        (a) solely by reason of the death of an individual insured under a life insurance contract;
                        (b) as a personal injury or sickness benefit or other benefit providing indemnification of an economic loss incurred upon the occurrence of the event insured against;
                        (c) as a refund of a previously paid premium (less cost of insurance charges whether or not actually imposed) under an Insurance Contract (other than an investment-linked life insurance or annuity contract) due to cancellation or termination of the contract, decrease in risk exposure during the effective period of the contract, or arising from the correction of a posting or similar error with regard to the premium for the contract;
                        (d) as a policyholder dividend (other than a termination dividend) provided that the dividend relates to an Insurance Contract under which the only benefits payable are described in subparagraph C(8)(b); or
                        (e) as a return of an advance premium or premium deposit for an Insurance Contract for which the premium is payable at least annually if the amount of the advance premium or premium deposit does not exceed the next annual premium that will be payable under the contract.
                      9. The term "Pre-existing Account" means a Financial Account maintained by a Reporting Financial Institution as of 31 December 2016.
                        The term "Pre-existing Account" means
                        (a) a Financial Account maintained by a Reporting Financial Institution as of 31 December 2016;
                        (b) any Financial Account of an Account Holder, regardless of the date such Financial Account was opened, if:
                        1. (i) the Account Holder also holds with the Reporting Financial Institution (or with a Related Entity within the same jurisdiction as the Reporting Financial Institution) a Financial Account that is a Pre-existing Account under subparagraph C(9)(a);
                          (ii) the Reporting Financial Institution (and, as applicable, the Related Entity within the same jurisdiction as the Reporting Financial Institution) treats both of the aforementioned Financial Accounts, and any other Financial Accounts of the Account Holder that are treated as Pre-existing Accounts under this subparagraph, as a single Financial Account for purposes of satisfying the standards of knowledge requirements described in paragraph A of Section VII, and for purposes of determining the balance or value of any of the Financial Accounts when applying any of the account thresholds;
                          (iii) with respect to a Financial Account that is subject to AML/KYC Procedures, the Reporting Financial Institution is permitted to satisfy such AML/KYC Procedures for the Financial Account by relying upon the AML/KYC Procedures performed for the Pre-existing Account described in subparagraph C(9)(a); and
                          (iv) the opening of the Financial Account does not require the provision of new, additional or amended customer information by the Account Holder other than for the purposes of this Directive.
                      10. The term "New Account" means a Financial Account maintained by a Reporting Financial Institution opened on or after 1 January 2017 unless it is treated as a Pre-existing Account under subparagraph C(9)(b).
                      11. The term "Pre-existing Individual Account" means a Pre-existing Account held by one or more individuals.
                      12. The term "New Individual Account" means a New Account held by one or more individuals.
                      13. The term "Pre-existing Entity Account" means a Pre-existing Account held by one or more Entities.
                      14. The term "Lower Value Account" means a Pre-existing Individual Account with an aggregate balance or value as of 31 December 2016 that does not exceed USD 1 000 000.
                      15. The term "High Value Account" means a Pre-existing Individual Account with an aggregate balance or value that exceeds USD 1 000 000 as of 31 December 2016, or 31 December of any subsequent year.
                      16. The term "New Entity Account" means a New Account held by one or more Entities.
                      17. The term "Excluded Account" means any of the following accounts:
                        (a) a retirement or pension account that satisfies the following requirements:
                        1. (i) the account is subject to regulation as a personal retirement account or is part of a registered or regulated retirement or pension plan for the provision of retirement or pension benefits (including disability or death benefits);
                          (ii) the account is tax-favoured (i.e., contributions to the account that would otherwise be subject to tax are deductible or excluded from the gross income of the Account Holder or taxed at a reduced rate, or taxation of investment income from the account is deferred or taxed at a reduced rate);
                          (iii) information reporting is required to the tax authorities with respect to the account;
                          (iv) withdrawals are conditioned on reaching a specified retirement age, disability, or death, or penalties apply to withdrawals made before such specified events; and
                          (v) either (i) annual contributions are limited to USD 50 000 or less; or (ii) there is a maximum lifetime contribution limit to the account of USD 1 000 000 or less, in each case applying the rules set forth in paragraph C of Section VII for account aggregation and currency translation.
                          A Financial Account that otherwise satisfies the requirement of subparagraph C(17)(a)(v) will not fail to satisfy such requirement solely because such Financial Account may receive assets or funds transferred from one or more Financial Accounts that meet the requirements of subparagraph C(17)(a) or (b) or from one or more retirement or pension funds that meet the requirements of any of subparagraphs B(5) through (7);
                        (b) an account that satisfies the following requirements:
                        1. (i) the account is subject to regulation as an investment vehicle for purposes other than for retirement and is regularly traded on an established securities market, or the account is subject to regulation as a savings vehicle for purposes other than for retirement;
                          (ii) the account is tax-favoured (i.e., contributions to the account that would otherwise be subject to tax are deductible or excluded from the gross income of the Account Holder or taxed at a reduced rate, or taxation of investment income from the account is deferred or taxed at a reduced rate);
                          (iii) withdrawals are conditioned on meeting specific criteria related to the purpose of the investment or savings account (for example, the provision of educational or medical benefits), or penalties apply to withdrawals made before such criteria are met; and
                          (iv) annual contributions are limited to USD 50 000 or less, applying the rules set forth in paragraph C of Section VII for account aggregation and currency translation. A Financial Account that otherwise satisfies the requirement of subparagraph C(17)(b)(iv) will not fail to satisfy such requirement solely because such Financial Account may receive assets or funds transferred from one or more Financial Accounts that meet the requirements of subparagraph C(17)(a) or (b) or from one or more retirement or pension funds that meet the requirements of any of subparagraphs B(5) through (7);
                        (c) a life insurance contract with a coverage period that will end before the insured individual attains age 90, provided that the contract satisfies the following requirements:
                        1. (i) periodic premiums, which do not decrease over time, are payable at least annually during the period the contract is in existence or until the insured attains age 90, whichever is shorter;
                          (ii) the contract has no contract value that any person can access (by withdrawal, loan, or otherwise) without terminating the contract;
                          (iii) the amount (other than a death benefit) payable upon cancellation or termination of the contract cannot exceed the aggregate premiums paid for the contract, less the sum of mortality, morbidity, and expense charges (whether or not actually imposed) for the period or periods of the contract's existence and any amounts paid prior to the cancellation or termination of the contract; and
                          (iv) the contract is not held by a transferee for value;
                        (d) an account that is held solely by an estate if the documentation for such account includes a copy of the deceased's will or death certificate;
                        (e) an account established in connection with any of the following:
                        1. (i) a court order or judgment;
                          (ii) a sale, exchange, or lease of real or personal property, provided that the account satisfies the following requirements:
                          1. i. the account is funded solely with a down payment, earnest money, deposit in an amount appropriate to secure an obligation directly related to the transaction, or a similar payment, or is funded with a Financial Asset that is deposited in the account in connection with the sale, exchange, or lease of the property,
                            ii. the account is established and used solely to secure the obligation of the purchaser to pay the purchase price for the property, the seller to pay any contingent liability, or the lessor or lessee to pay for any damages relating to the leased property as agreed under the lease,
                            iii. the assets of the account, including the income earned thereon, will be paid or otherwise distributed for the benefit of the purchaser, seller, lessor, or lessee (including to satisfy such person's obligation) when the property is sold, exchanged, or surrendered, or the lease terminates,
                            iv. the account is not a margin or similar account established in connection with a sale or exchange of a Financial Asset, and
                            v. the account is not associated with an account described in subparagraph C(17)(f);
                          (iii) an obligation of a Financial Institution servicing a loan secured by real property to set aside a portion of a payment solely to facilitate the payment of taxes or insurance related to the real property at a later time;
                          (iv) an obligation of a Financial Institution solely to facilitate the payment of taxes at a later time;
                        (f) a Depository Account that satisfies the following requirements:
                        1. (i) the account exists solely because a customer makes a payment in excess of a balance due with respect to a credit card or other revolving credit facility and the overpayment is not immediately returned to the customer; and
                          (ii) beginning on or before 1 January 2017, the Financial Institution implements policies and procedures either to prevent a customer from making an overpayment in excess of USD 50 000, or to ensure that any customer overpayment in excess of that amount is refunded to the customer within 60 days, in each case applying the rules set forth in paragraph C of Section VII for currency translation. For this purpose, a customer overpayment does not refer to credit balances to the extent of disputed charges but does include credit balances resulting from merchandise returns;
                        (g) any other account that presents a low risk of being used to evade tax, has substantially similar characteristics to any of the accounts described in subparagraphs C(17)(a) through (f), and is included in the list of Excluded Accounts referred to in Annex 2 of these Regulations, provided that the status of such account as an Excluded Account does not frustrate the purposes of these Regulations.

                      D. Reportable Account

                      1. The term "Reportable Account" means a Financial Account that is maintained by a Reporting Financial Institution and is held by one or more Reportable Persons or by a Passive NFE with one or more Controlling Persons that is a Reportable Person, provided it has been identified as such pursuant to the due diligence procedures described in Sections II through VII.
                      2. The term "Reportable Person" means a Reportable Jurisdiction Person other than: (i) a corporation the stock of which is regularly traded on one or more established securities markets; (ii) any corporation that is a Related Entity of a corporation described in clause (i); (iii) a Governmental Entity; (iv) an International Organisation; (v) a Central Bank; or (vi) a Financial Institution.
                      3. The term "Reportable Jurisdiction Person" means an individual or Entity that is resident in a Reportable Jurisdiction under the tax laws of such jurisdiction, or an estate of a decedent that was a resident of a Reportable Jurisdiction. For this purpose, an Entity such as a partnership, limited liability partnership or similar legal arrangement, which has no residence for tax purposes shall be treated as resident in the jurisdiction in which its place of effective management is situated.
                      4. The term "Reportable Jurisdiction" means:
                        (a) for all other purposes, a jurisdiction other than the United States of America or the UAE, and
                        (b) for the purposes of reporting the information the UAE Competent Authority under Section I of these Regulations, a jurisdiction which is identified in Annex 3 to these Regulations.
                      5. The term "Participating Jurisdiction" means a jurisdiction which is identified in Annex 4 to these Regulations.
                      6. The term "Controlling Persons" means the natural persons who exercise control over an Entity. In the case of a trust, that term means the settlor(s), the trustee(s), the protector(s) (if any), the beneficiary(ies) or class(es) of beneficiaries, and any other natural person(s) exercising ultimate effective control over the trust, and in the case of a legal arrangement other than a trust, such term means persons in equivalent or similar positions. The term "Controlling Persons" must be interpreted in a manner consistent with the Financial Action Task Force Recommendations.
                      7. The term "NFE" means any Entity that is not a Financial Institution.
                      8. The term "Passive NFE" means any: (i) NFE that is not an Active NFE; or (ii) an Investment Entity described in subparagraph A(6)(b) that is not a Participating Jurisdiction Financial Institution.
                      9. The term "Active NFE" means any NFE that meets any of the following criteria:
                        (a) less than 50% of the NFE's gross income for the preceding calendar year is passive income and less than 50% of the assets held by the NFE during the preceding calendar year are assets that produce or are held for the production of passive income;
                        (b) the stock of the NFE is regularly traded on an established securities market or the NFE is a Related Entity of an Entity the stock of which is regularly traded on an established securities market;
                        (c) the NFE is a Governmental Entity, an International Organisation, a Central Bank, or an Entity wholly owned by one or more of the foregoing;
                        (d) substantially all of the activities of the NFE consist of holding (in whole or in part) the outstanding stock of, or providing financing and services to, one or more subsidiaries that engage in trades or businesses other than the business of a Financial Institution, except that an Entity does not qualify for this status if the Entity functions (or holds itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes;
                        (e) the NFE is not yet operating a business and has no prior operating history, but is investing capital into assets with the intent to operate a business other than that of a Financial Institution, provided that the NFE does not qualify for this exception after the date that is 24 months after the date of the initial organisation of the NFE;
                        (f) the NFE was not a Financial Institution in the past five years, and is in the process of liquidating its assets or is reorganising with the intent to continue or recommence operations in a business other than that of a Financial Institution;
                        (g) the NFE primarily engages in financing and hedging transactions with, or for, Related Entities that are not Financial Institutions, and does not provide financing or hedging services to any Entity that is not a Related Entity, provided that the group of any such Related Entities is primarily engaged in a business other than that of a Financial Institution; or
                        (h) the NFE meets all of the following requirements:
                        1. (i) it is established and operated in its jurisdiction of residence exclusively for religious, charitable, scientific, artistic, cultural, athletic, or educational purposes; or it is established and operated in its jurisdiction of residence and it is a professional organisation, business league, chamber of commerce, labour organisation, agricultural or horticultural organisation, civic league or an organisation operated exclusively for the promotion of social welfare;
                          (ii) it is exempt from income tax in its jurisdiction of residence;
                          (iii) it has no shareholders or members who have a proprietary or beneficial interest in its income or assets;
                          (iv) the applicable laws of the NFE's jurisdiction of residence or the NFE's formation documents do not permit any income or assets of the NFE to be distributed to, or applied for the benefit of, a private person or non-charitable Entity other than pursuant to the conduct of the NFE's charitable activities, or as payment of reasonable compensation for services rendered, or as payment representing the fair market value of property which the NFE has purchased; and
                          (v) the applicable laws of the NFE's jurisdiction of residence or the NFE's formation documents require that, upon the NFE's liquidation or dissolution, all of its assets be distributed to a Governmental Entity or other non-profit organisation, or escheat to the government of the NFE's jurisdiction of residence or any political subdivision thereof.

                      E. Miscellaneous

                      1. The term "Account Holder" means the person listed or identified as the holder of a Financial Account by the Financial Institution that maintains the account. A person, other than a Financial Institution, holding a Financial Account for the benefit or account of another person as agent, custodian, nominee, signatory, investment advisor, or intermediary, is not treated as holding the account for purposes of this Directive, and such other person is treated as holding the account. In the case of a Cash Value Insurance Contract or an Annuity Contract, the Account Holder is any person entitled to access the Cash Value or change the beneficiary of the contract. If no person can access the Cash Value or change the beneficiary, the Account Holder is any person named as the owner in the contract and any person with a vested entitlement to payment under the terms of the contract. Upon the maturity of a Cash Value Insurance Contract or an Annuity Contract, each person entitled to receive a payment under the contract is treated as an Account Holder.
                      2. The term "AML/KYC Procedures" means the customer due diligence procedures of a Reporting Financial Institution pursuant to the anti-money laundering or similar requirements to which such Reporting Financial Institution is subject under domestic law.
                      3. The term "Entity" means a legal person or a legal arrangement, such as a corporation, partnership, trust, or foundation.
                      4. An Entity is a "Related Entity" of another Entity if either Entity controls the other Entity, or the two Entities are under common control. For this purpose control includes direct or indirect ownership of more than 50% of the vote and value in an Entity.
                        An Entity is a "Related Entity" of another Entity if (a) either Entity controls the other Entity; (b) the two Entities are under common control; or (c) the two Entities are Investment Entities described in subparagraph A(6)(b), are under common management, and such management fulfils the due diligence obligations of such Investment Entities. For this purpose control includes direct or indirect ownership of more than 50% of the vote and value in an Entity.
                      5. The term "TIN" means Taxpayer Identification Number (or functional equivalent in the absence of a Taxpayer Identification Number).
                      6. The term "Documentary Evidence" includes any of the following:
                        (a) a certificate of residence issued by an authorised government body (for example, a government or agency thereof, or a municipality) of the jurisdiction in which the payee claims to be a resident;
                        (b) with respect to an individual, any valid identification issued by an authorised government body (for example, a government or agency thereof, or a municipality), that includes the individual's name and is typically used for identification purposes;
                        (c) with respect to an Entity, any official documentation issued by an authorised government body (for example, a government or agency thereof, or a municipality) that includes the name of the Entity and either the address of its principal office in the jurisdiction in which it claims to be a resident or the jurisdiction in which the Entity was incorporated or organised;
                        (d) any audited financial statement, third-party credit report, bankruptcy filing, or securities regulator's report.
                        With respect to a Pre-existing Entity Account, Reporting Financial Institutions may use as Documentary Evidence any classification in the Reporting Financial Institution's records with respect to the Account Holder that was determined based on a standardised industry coding system, that was recorded by the Reporting Financial Institution consistent with its normal business practices for purposes of AML/KYC Procedures or another regulatory purposes (other than for tax purposes) and that was implemented by the Reporting Financial Institution prior to the date used to classify the Financial Account as a Pre-existing Account, provided that the Reporting Financial Institution does not know or does not have reason to know that such classification is incorrect or unreliable. The term "standardised industry coding system" means a coding system used to classify establishments by business type for purposes other than tax purposes.
                    • Section IX Complementary Reporting and Due Diligence Rules for Financial Account Information

                      A. Change in circumstances

                      1. A "change in circumstances" includes any change that results in the addition of information relevant to a person's status or otherwise conflicts with such person's status. In addition, a change in circumstances includes any change or addition of information to the Account Holder's account (including the addition, substitution, or other change of an Account Holder) or any change or addition of information to any account associated with such account (applying the account aggregation rules described in subparagraphs C(l) through (3) of Section VII of Annex I) if such change or addition of information affects the status of the Account Holder.
                         
                      2. If a Reporting Financial Institution has relied on the residence address test described in subparagraph B(l) of Section III of Annex I and there is a change in circumstances that causes the Reporting Financial Institution to know or have reason to know that the original Documentary Evidence (or other equivalent documentation) is incorrect or unreliable, the Reporting Financial Institution must, by the later of the last day of the relevant calendar year, or 90 calendar days following the notice or discovery of such change in circumstances, obtain a self-certification and new Documentary Evidence to establish the residence(s) for tax purposes of the Account Holder. If the Reporting Financial Institution cannot obtain the self-certification and new Documentary Evidence by such date, the Reporting Financial Institution must apply the electronic record search procedure described in subparagraphs B(2) through (6) of Section III.

                      B. Self-certification for New Entity Accounts

                      1. With respect to New Entity Accounts, for the purposes of determining whether a Controlling Person of a Passive NFE is a Reportable Person, a Reporting Financial Institution may only rely on a self-certification from either the Account Holder or the Controlling Person.

                      C. Residence of a Financial Institution

                      1. A Financial Institution is "resident" in a Participating Jurisdiction if it is subject to the jurisdiction of such Participating Jurisdiction in that the Participating Jurisdiction is able to enforce reporting by the Financial Institution).
                      2. In the case of a trust that is a Financial Institution (irrespective of whether it is resident for tax purposes in a Participating Jurisdiction), the trust is considered to be subject to the jurisdiction of a Participating Jurisdiction if one or more of its trustees are resident in such jurisdiction except if the trust reports all the information required to be reported under these Regulations with respect to Reportable Accounts maintained by the trust to another Participating Jurisdiction because it is resident for tax purposes in such other jurisdiction.
                      3. Where a Financial Institution (other than a trust) does not have a residence for tax purposes (for example, because it is treated as fiscally transparent, or it is located in a jurisdiction that does not have an income tax), it is considered to be subject to the jurisdiction of a Participating Jurisdiction and it is, thus, a Participating Jurisdiction Financial Institution if:
                        (a) it is incorporated under the laws of the Participating Jurisdiction;
                        (b) it has its place of management (including effective management) in the Participating Jurisdiction; or
                        (c) it is subject to financial supervision in the Participating Jurisdiction.
                      4. Where a Financial Institution (other than a trust) is resident in two or more Participating Jurisdiction, such Financial Institution will be subject to the reporting and due diligence obligations of the Participating Jurisdiction in which it maintains the Financial Account(s).

                      D. Account maintained

                      1. In general, an account would be considered to be maintained by a Financial Institution as follows:
                        (a) in the case of a Custodial Account, by the Financial Institution that holds custody over the assets in the account (including a Financial Institution that holds assets in street name for an Account Holder in such institution);
                        (b) in the case of a Depository Account, by the Financial Institution that is obligated to make payments with respect to the account (excluding an agent of a Financial Institution regardless of whether such agent is a Financial Institution);
                        (c) in the case of any equity or debt interest in a Financial Institution that constitutes a Financial Account, by such Financial Institution;
                        (d) in the case of a Cash Value Insurance Contract or an Annuity Contract, by the Financial Institution that is obligated to make payments with respect to the contract.

                      E. Trusts that are Passive NFEs

                      1. An Entity such as a partnership, limited liability partnership or similar legal arrangement that has no residence for tax purposes, according to subparagraph D(3) of Section VIII, shall be treated as resident in the jurisdiction in which its place of effective management is situated. For these purposes, a legal person or a legal arrangement is considered "similar" to a partnership and a limited liability partnership where it is not treated as a taxable unit in a Participating Jurisdiction under the tax laws of such jurisdiction. However, in order to avoid duplicate reporting (given the wide scope of the term "Controlling Persons" in the case of trusts), a trust that is a Passive NFE may not be considered a similar legal arrangement.

                      F. Address of Entity's principal office

                      1. One of the requirements described in subparagraph E(6)(c) of Section VIII is that, with respect to an Entity, the official documentation includes either the address of the Entity's principal office in a jurisdiction in which it claims to be a resident or a jurisdiction in which the Entity was incorporated or organised. The address of the Entity's principal office is generally the place in which its place of effective management is situated.
                      2. The address of a Financial Institution with which the Entity maintains an account, a post office box, or an address used solely for mailing purposes is not the address of the Entity's principal office unless such address is the only address used by the Entity and appears as the Entity's registered address in the Entity's organisational documents.
                      3.  An address that is provided subject to instructions to hold all mail to that address is not the address of the Entity's principal office.
                    • Annex 1

                                                                                                                                                                                 (Section VIII)

                      NON-REPORTING FINANCIAL INSTITUTIONS

                      For the purposes of the Standard, the following are non-reporting financial institutions.

                    • Annex 2

                                                                                                                                                                                 (Section VIII)

                      EXCLUDED ACCOUNTS

                      For the purposes of the Standard the following are excluded accounts.

                    • Annex 3

                                                                                                                                                                                 (Section VIII)

                      REPORTABLE JURISDICTIONS

                      For the purposes of the Standard, the following are reportable jurisdictions.

                    • Annex 4

                                                                                                                                                                                 (Section VIII)

                      PARTICIPATING JURISDICTIONS

                      For the purposes of the Standard, the following are participating jurisdictions.

                • Article (2) Scope of Applicability

                  The provisions of this Resolution shall apply to any person, company or any insurance - related professions in case of committing any of the violations referred to in the annexed schedule.

                • Article (3) Violations and Penalties

                  1. Without prejudice to any penalty or procedure prescribed by the Law and other relevant legislation, the Authority shall impose the Administrative Fines contained in the schedule annexed to this resolution on any person commits any of the violations contained therein.
                  2. The amount of the Administrative Fines in the schedule referred to in Para (1) of this article shall be doubled if the violation is repeated within one year as from the date of the last violation with a maximum fine amount of (two) million dirhams.

                • Article (4) Grievance

                  1. Any concerned person may appeal any decision issued pursuant to the provisions of the resolution herein before the Board within (15) days as from date of notification of such decision. The grievance shall be justified and all supporting documents shall be attached therewith in accordance with the procedures specified by the Board.
                  2. The Board shall decide on the appeal in accordance with the procedures issued therefrom within a period not exceeding sixty (60) days as from the date of its submission.
                • Article (5) Collection of Administrative Fines

                  The Authority shall collect the Administrative Fines imposed under the provisions of the resolution herein in accordance with the means deemed appropriate by the Ministry of Finance.

                • Article (6) Issuing Executive Decisions

                  The Cabinet shall issue the necessary resolutions to implement the provisions of this Resolution.

                • Article (7) Amending Fines Schedule

                  The schedule annexed to this decision shall be an integral part of it, and the Cabinet may make any amendment to the violations and Administrative Fines contained therein, whether by addition, deletion or alteration.

                • Article 8 Cancellations

                  Any provision in conflict or contradicting the provisions of the resolution herein shall be annulled.

                • Article (9) Publication and Coming into Force

                  This Resolution shall be published in the Official Gazette and shall come into force after three months as from date of publication.

                • The Annexed Schedule to the Cabinet Resolution No. (7) of 2019 Concerning the Administrative Fines Imposed by the Insurance Authority

                  No.ViolationAdministrative Fine (AED)
                  1Failure of the Company to pay the compensation stipulated in the insurance contract once the accident occurred or insured risk took place.50,000
                  2Failure of the company to comply with the requirements of the basics of investment in accordance with the provisions of the Financial Regulations.100,000
                  3Failure of the company to comply all time with the Solvency Margin and the Minimum Guarantee Fund in accordance with the provisions of the Financial Regulations.150,000
                  4Failure of the company to comply with the basis of calculating the Technical Provisions in accordance with the provisions of the Financial Regulations100,000
                  5Failure of the company to comply with Determining the company's assets that meet the accrued insurance liabilities in accordance with the provisions of the Financial Regulations.100,000
                  6Failure of the Company to comply with the reinsurance criteria in accordance with the provisions of the relevant instructions.100,000
                  7Failure of the Company to comply with the principals of the organizing accounting books and records and the data that should be inserted in these books and records, including records of Agents, Brokers and other records in accordance with the provisions of the Financial Regulations.10,000
                  8Failure of the Company to provide the Authority with the data in accordance with the Financial Regulations.10,000
                  9Failure of the Company to comply with the requirements of accounting policies and forms required for the preparation of financial statements and reports in accordance with the provisions of the Financial Regulations.50,000
                  10Failure of the Takaful Insurance Company to comply with the rules of the WAKALA and MUDARABA fees in accordance with the provisions of the Financial Regulations.100,000
                  11Violation of Company of any of the provisions contained in the rules and code of professional conduct for insurance companies.50,000
                  12Violation of the Company or any Insurance Related Profession of any provision of the instruction concerning Anti- money laundering and combating terrorism financing in insurance activities.50,000
                  13Any person practices the operations of insurance or re-insurance inside the State without obtaining a license or registered by the Authority.250,000
                  14Violation of the Company of the instructions issued concerning the pricing policy applied to the classes of property and liability insurance100,000
                  15Any person established an insurance company, opened a branch of a foreign insurance company or carried out the activity of an insurance agent without obtaining the prior approval of the Board.250,000
                  16The company combined between the insurance of Persons and Funds Accumulation Operations and the insurance of Property and Liability Operations in violation of the provisions of the issued Law, regulations or decisions.250,000
                  17Any person intermediating for insurance of property or possessions inside the State or liabilities arising therefrom with an insurance company which is not registered by the Authority in accordance with the provisions of the Law.100,000
                  18Failure of the company to issue the insurance policy concluded in the State in the Arabic language.50,000
                  19Failure of the company to write the policy's articles exempting the company from the liability in bold letters, different colour and endorsed by the insured.50,000
                  20The Company opened a branch without obtaining the approval of the Authority.100,000
                  21The company appointed a Board Member, General Manager or an Authorized Manager for the company or allowed any of them to continue to occupy his post, despite being convicted for breach of honour, trust or public moral or declared bankrupt by the court and not yet rehabilitated.50,000
                  22The company appointed a Board Member, General Manager or an Authorized Manager, despite being liable for significant violations of any of the provisions of the Law or of the Companies' Law, including the liability of causing compulsory liquidation of the company.100,000
                  23

                  The Chairman, any of the Board Members, its General Manager, the Authorized Manager or whosoever acting on his behalf or any of the company's managers or a senior officer conducted any or all of the following:

                  A. Participate in managing other competing insurance company or a similar company thereto,

                  B. Compete the company's operations or do any actions or an activity that conflicts with the company's interest,

                  C. Carry out the operations of an insurance Agent or a Broker,

                  E. Receive a commission for any of the insurance operations.

                  100,000
                  24Whosoever is in charge of the management of the company or any employee therewith has represented any of the shareholders of this company.25,000
                  25Failure of the company to provide the Authority with detailed description implying the qualifications and experience of the General Manger, Authorized Manager, or senior officers as specified in the executive regulations of the Law or lack of the requirement of competency and experience in the insurance operations.50,000
                  26Failure of the Company to inform the Authority of the names of the Board members, General Manager, Authorized Manager or any of the senior officers as specified in the executive regulations of the Law.10,000
                  27Failure of the Company to notify the Authority of the names of Board Members, General Manger, Authorized Manager or any of the Senior Officers in case any of these positions is vacated within sixty days as from date of vacation.20,000
                  28Failure of the Company's Board of Directors to provide the Authority with copies of the minutes of the Board's meetings and its resolutions related to the electing the company's chairman, his deputy, and the board's members authorized to sign on behalf of the company and their specimen signatures within seven days as from date of issuing these resolutions.20,000
                  29Failure of the Company to appoint or approve a licensed Actuary within a month as from date of obtaining its license.100,000
                  30The Company's failure to report the appointment or approval of the licensed Actuary to the Authority within a month as from the date of appointing the actuary10,000
                  31Failure of the Company to provide any data or information requested by the Authority on the company or on any company possessively related or associated therewith during the period as determined by the Authority, in addition to any data or information submitted by the Company to any other supervisory body and any data or information received by the company from these bodies on time of occurrence.50,000
                  32Failure of the Company to invite the Director General to attend the general assembly meetings before fifteen days at least as from date of its convention.50,000
                  33Failure of the Company, insurance related professions or any of their manager or employees to allow the person who was appointed by the Director - General to carry out inspections or audits on the books, entries, data and collect information on transactions, documents and audit reports.100,000
                  34Failure of the Company, insurance related professions to provide copies or photocopies of the books and data referred to in the previous Para to the person who was appointed by the Director - General to carry out inspections or audits50,000
                  35The company or any insurance-related profession or any of their managers or employees prevented, intercepted or obstructed any person appointed by the Director General to carry out inspections or audits.100,000
                  36Any person violated the rules governing ownership in insurance companies' capitals, in accordance with the provisions of the Law and decision issued pursuant thereto.100,000
                  37Failure of any of insurance related profession to provide any data or information required by the Authority within the specified period.10,000
                  38The Company's failure to pay the remunerations as determined by the Authority to experts, experts, consultants, auditors or actuaries appointed by the Authority.20,000
                  39Disclosure of information by expert, consultant, actuary or auditor to any party whatsoever in violation to the Law.50,000
                  40Failure of the Company to provide the Authority with a consolidated annual report on its operations, including all audited annual financial statements, reports and lists in accordance with the requirements of the Law and Financial Regulations.100,000
                  41Failure of the Company to provide the Authority with the consolidated annual report signed by the chairman of its board of directors, the authorized manager or those authorized to sign on behalf of the company.50,000
                  42Failure of the Company to provide the Authority with the consolidated annual report within a period not exceeding four months from the end of the fiscal year.50,000
                  43Failure of the Company to provide the Authority with the consolidated annual report within at least thirty-days period prior to inviting the company's general assembly to convene.200,000
                  44Failure of the Company to provide the Authority with quarterly financial statements and reports within the period specified period.100,000
                  45Failure of the Company to provide the Authority with the requirements of the reports, certificates, endorsements and the annual and quarterly financial forms in accordance with the systems adopted by the Authority.100,000
                  46The Company delay in paying the supervision and control fees within four months as from the end date of the fiscal year in accordance with the forms adopted by the Authority.0.5% of the total not settled due amount for each day of delay with a maximum limit of (AED 250,000)
                  47Failure of the Company to pay the amount of qualification and training within four months as from the end date of the fiscal year.. 0.5% of the total not settled due amount for each day of delay with a maximum limit of (AED 100,000)
                  48The Company's failure to correct and present the financial accounts and loss and profit accounts to the Authority for approval before submitting them to the general assembly, despite the objection of the Director General.100,000
                  49Failure of the Company, that faces unfavourable financial or administrative situations or inflicted grief losses affecting the rights of the insured or the beneficiaries, represented by the Company's Chairman or its General Manager to forthwith inform the Director General of the Authority as so.100,000
                  50

                  Failure of the Company to provide provide the Authority with any or all of the following

                  a) The insurance policies' specimens and endorsements they have approved for its operations including the general and special terms and conditions and the technical basis of these policies and the premiums' ratios annexed thereto

                  b) The schedules of the surrender values of the policies of the insurance of persons and funds accumulation operations and the premiums' ratios annexed thereto.

                  50,000
                  51Failure of the Company to provide the insured and the beneficiaries with copies of the insurance policies and the related details.20,000
                  52Failure of the Company to comply with the doctrine of disclosure and transparency in their dealing with their clients and in respect of all the documents, papers, bulletins, advertisements, propaganda and essays and scientific materials in accordance with the resolutions issued by the Board to ensure the implementation of this obligation.20,000
                  53

                  Failure of the Auditor to forthwith file a report to the Authority with copy thereof to the company's chairman of the board of directors in any of the following cases:

                  A. Should he become evident that the financial situation of the company does not enable it to fulfil its liabilities towards the insured or hinders its capacity to meet the financial requirements provided for in the law herein and the regulations, rules, directives and resolutions issued pursuant thereto relevant to the financial situation of the company.

                  B. Should he become evident that there is grief imperfection in the company's performance of its financial procedures.

                  C. Should he refuse or have reservations in respect of any certificate issued by the company related to its income or its financial statements.

                  D. Should he decided to resign or refused to be reappointment with the company for unusual reasons.

                  50,000
                  54Failure of the Company's auditor to provide the Authority directly within the specified period with the information needed to supervise the company's operations.50,000
                  55Failure of the Company to comply with the provisions governing its own deposit, as defined by the Law.100,000
                  56Failure of the Company that carry out any of Persons or Funds Accumulation Insurance Operations to maintain funds therewith in the State equivalent in their value to the total amount of the special mathematical reserve of the contracts concluded inside the State or of those that are implemented therein.100,000
                  57The company's practice of insurance operations without being registered in the Register for the same class of insurance operations.150,000
                  58The company made reinsurance with another company not licensed to practice the class of insurance entrusted therewith to reinsure.150,000
                  59The insurance company concluded insurance contracts in classes of insurance for which there is a decision to cease operations or cancel the license of such insurance classes.250,000
                  60Failure of the Company to fulfill its liabilities accrued from the contracts concluded prior to the cessation of the operations or the cancellation of the license.250,000
                  61Failure of the insurance companies' branches to appoint an Authorized Manager for their branch to carry out the business on their behalf.100,000
                  62

                  Failure of the foreign company, in the event of appointing an Authorized Manager for its branch to attach along with the appointment resolution an official document and an attested copy thereof in order to be deposited with the Authority authorizing him to exercise all necessary powers to manage the branch including the following:

                  A. Issuing insurance policies and their annexes;

                  B. paying the accrued indemnities.

                  C. Representing the company before, the courts of jurisdictions, and all official and non-official bodies in connection with the branch's operations and management.

                  D. Receipt of warnings and all notices and correspondences directed to the company.

                  10,000
                  63Failure of the foreign insurance companies' branches to notify the Authority of the name of the Authorized Manager within a month as form date of his appointment or failure to appoint a replacement thereto within a month as from date of vacating his position.20,000
                  64Failure of the foreign insurance companies' branches to publish the Company's consolidated final accounts in two widely circulated daily newspapers issued in Arabic and English.100,000
                  65The Representative offices of the foreign insurance companies carried on their tasks in the State before obtaining a license from the Authority.250,000
                  66The Company engaged in insurance of Persons and Funds Accumulation Operations discriminated between a policy and another of the same type in respect of insurance premiums or profit amounts allotted to the policyholders or in any other conditions.10,000
                  67The failure of the Company engaged in insurance of Persons and Funds Accumulation Operations to examine its financial status.100,000
                  68Failure of the Company engaged in insurance of Persons and Funds Accumulation Operations to assess the outstanding liabilities related thereto at least once every three years by an actuary.100,000
                  69Failure of the Company engaged in insurance of Persons and Funds Accumulation Operations to examine its financial status in accordance with the assessment procedures referred to in the Law, when determining percentage of profits to be allotted to the shareholders or policyholders.10,000
                  70Failure of the Company engaged in insurance of Persons and Funds Accumulation Operations to examine its financial status in accordance with the assessment procedures referred to in the Law, whenever it publicizes its financial status10,000
                  71The Company engaged in insurance of Persons and Funds Accumulation Operations refused to examine its financial status in accordance with the assessment procedures referred to in the Law.10,000
                  72Failure of the Company to provide the Authority with a copy of the expert's report on the findings of the examination and the assessment of the financial status referred to in the Law within six months as from the expiry of the period for which the examination was conducted.25,000
                  73Failure of the Company to attach the documents referred to in Article (62) of the Law with the expert's report on the findings of the examination and the assessment of the financial status.10,000
                  74The company engaged in insurance of Persons and Funds Accumulation Operations deducted whether directly or indirectly any part of the funds intended to meet their liabilities accrued from the insurance policies in order to allocate as profits for the shareholders or the policyholders or to pay any amount other than their liabilities according to the insurance policies they have issued.100,000
                  75The company engaged in insurance of Persons and Funds Accumulation Operations issued saving bonds for a period exceeding thirty years25,000
                  76The company engaged in insurance of Persons and Funds Accumulation Operations issued saving bonds for a period of twenty-five years or more where the surrender value after the twenty fifth year is less than the full amount of the mathematical reserve.25,000
                  77The company engaged in insurance of Persons and Funds Accumulation Operations obliged the bearers of the saving bonds to pay premiums not equal in amounts or receding.25,000
                  78Failure of the Company to include invalidation clauses to be used by the company as an argument in face of the bearer for delaying payment of the premium.25,000
                  79The Company invalidated the contract before lapse of three months as from the due date of the premium as from date of serving a notice on the bearer of the bond by a registered letter if the bond is nominal.25,000
                  80Failure of the company to specify in the bonds that the right therein shall pass to the beneficiaries by reason of the death of the bearer of the bond without paying any additional amounts or imposing any further conditions.25,000
                  81The company licensed to operate in the free zones performed its activity outside these zones inside the State without obtaining license from the Authority.250,000
                  82The insurance agent carries out the operations of an insurance agent for more than one company.250,000
                  83Any person carries out the operations of insurance-related professions without obtaining the license and registration from the Authority.250,000
                  84Failure of the Company to comply with the rules of transfer of insurance policies & cessation of operations as specified in the Law.100,000
                  85The company initiated or intended to initiate a merger before filing an application for merger to the Director General.200,000
                  86Failure of the companies, which are parties of the merger to let the insured review the agreement that organizes the merger process or failure to display the merger agreement at the main office of each one of these companies for fifteen days as from date of publishing the resolution of merger in the Official Gazette.100,000
                  87The liquidator violates his liabilities that are specified in the Law.50,000
                  88The company reluctance or failure to provide clarifications on the complaints received by the Authority concerning the insurance operations carried out by the company inside the State.50,000
                  89The Company delay in providing clarifications on the complaints received by the Authority concerning the insurance operations carried out by the company inside the State within the period specified by the Authority.25,000
                  90Failure of the company to pay the expenses of publishing any of the decisions issued by the Authority in accordance with the relevant Law and regulations, including registration's suspension, cancellation, or re-registration or the decisions related to companies' merger, acquisition, liquidation, or termination.20,000
                  91Any person refused to provide the Authority with documents, information and data that must be submitted in accordance with the Law and regulations issued thereunder.100,000
                  92Obstruction of the Director General or his authorized representative in carrying out his duties or intervention to prevent them from obtaining information.50,000
                  93Failure of the Company, Insurance Broker or insurance Agent to include the schedule of the policy and the insurance certificate in the insurance premium / subscription that is clearly collected from the client, including all allowances, expenses and commissions.50,000
                  94The insurance Broker or insurance Agent charged any additional amounts or expenses to the net insurance premium specified by the insurance company.250,000
                  95The insurance Broker combined between his position as an insurance Broker and the position of an insurance Agent, insurance Consultant, Loss & Damage adjustor or actuary.50,000
                  96Failure of the insurance Broker to comply with the rules of professional practice as specified in the regulations.50,000
                  97Violation of the insurance Broker of the conditions and procedures of licensing and registration specified in the regulations.50,000
                  98Violation of the insurance Broker of the conditions of the technical and administrative staff in accordance with the regulation.10,000
                  99Violation of the insurance Broker of the requirements and conditions of the Conditions for getting the Professional Indemnity Insurance Policy, specified in the regulations.10,000
                  100Violation of the insurance Broker of the requirements and conditions of the Internal Bylaws , specified in the regulations.20,000
                  101Violation of the insurance Broker of his obligations towards the Insurance Authority, the insurance company or the clients in accordance with the Insurance Brokerage Regulations.50,000
                  102The insurance Broker's violation of the terms of opening branches of the insurance Brokers.50,000
                  103The insurance Broker or insurance Agent carried out their business or marketed insurance services through persons, who are not licensed by the Insurance Authority or working therein.100,000
                  104The company contracted with a person not registered in Authority's Register of Insurance Agents to authorize him to carry out the insurance agent operations.100,000
                  105The insurance Agent practiced his business for a company not licensed or registered by the Authority.50,000
                  106The insurance Agent carried out his business without concluding an agency contract with the Company.50,000
                  107Failure of the insurance Agent to submit a copy of the agency contract with the Company to the Authority.10,000
                  108The insurance Agent assigned the agency contract or authorized a third party to practice the insurance operations authorized to him.50,000
                  109The insurance Agent practiced the profession of an insurance Broker.50,000
                  110The insurance Agent combined between the types of insurance without complying with the terms and conditions specified in the Regulations.20,000
                  111Violation of the insurance Agent of the requirements of the Professional Indemnity Insurance Policy specified in the regulations.10,000
                  112The insurance Agent's violation of the terms and conditions for licensing, specified in the regulations5,000
                  113Violation of the insurance Agent of the decision of suspending him from practicing the business.50,000
                  114Violation of the insurance Agent of the conditions for opening a branch of the insurance Agency inside the State.50,000
                  115Failure of the insurance Agent to comply with his duties specified in the regulations.20,000
                  116Failure of the insurance Agent to deposit all insurance premiums or any amounts received in his capacity as an insurance Agent for the Company in a special account in a bank operating in the State, and dedicating this account to deposit these amounts and paying them as specified in the regulations.50,000
                  117Failure of the insurance Agent to comply with the rules of professional practice as specified in the regulations.20,000
                  118Violation of the insurance Agent of the provisions of the insurance agents' registration requirements.10,000
                  119Failure of the health insurance TPA company to comply with the laws and instructions issued by the medical authorities of the Emirate in which it operates.20,000
                  120Failure of the Health Insurance TPA company to comply with the permissible business limits to practice.50,000
                  121Failure of the Health Insurance Health Insurance TPA company to comply with the licensing conditions.50,000
                  122The Health Insurance TPA company sold or marketed health insurance policies.50,000
                  123The Health Insurance TPA ownership or shares in the capital or management of any medical facility or health insurance company.50,000
                  124Failure of the Health Insurance TPA to separate its accounts from the accounts of funds generated from its activities in the health insurance claims.50,000
                  125The Health Insurance TPA entered into agreements to provide services inside the State with an insurance company not licensed to operate in the State.100,000
                  126Failure of the Health Insurance TPA to comply with the conditions for the staff working therein.10,000
                  127Violation of the Health Insurance TPA of the of the terms and conditions of the agreements concluded with the insurance company and medical service providers.50,000
                  128Failure of the Health Insurance TPA to provide the Insurance Authority with the agreement concluded between it and the insurance company and providers of medical service providers within the specified period.10,000
                  129Failure of the Health Insurance TPA to notify the Insurance Authority of any change to the data or information based on which the TPA was licensed immediately as such change occurs.10,000
                  130The Health Insurance TPA made changes to the information based on which the TPA was licensed in violation of the provisions of the relevant instructions and decisions.10,000
                  131Failure of the Health Insurance TPA to comply with its duties specified in the Instructions for Health Insurance Third Party Administrators.50,000
                  132Faire of the Health Insurance TPA to comply with the rules of practicing the profession specified in the instructions.20,000
                  133Failure of the Health Insurance TPA to maintain records and books containing all matters related to its business and not maintaining the agreements concluded with the Insurance Company and the Medical Service Providers.50,000
                  134Failure of The Health Insurance TPA to provide the Insurance Company with all records and books, in case of terminating the agreement concluded with them.10,000
                  135Violation of the Health Insurance TPA of the conditions of opening a branch inside or outside the State.50,000
                  136Violation of the insurance Consultant of the conditions and procedures for licensing as specified in the regulations.20,000
                  137Violation of the licensed and registered insurance Consultant of the general provisions specified in the regulations.20,000
                  138Violation of the Insurance Consultant of his obligations or duties specified in the regulations.10,000
                  139Failure of the insurance Consultant to comply with the rules of practicing the profession in accordance with the regulations.20,000
                  140Failure of the insurance consultant to notify the Authority of any modification or change in the content of the documents and data based on which he was licensed within the specified period.5,000
                  141Violation of the licensed and registered Actuary of the general provisions specified in the regulations.50,000
                  142Violation of the Actuary of the conditions and procedures that should be met for licensing actuaries.50,000
                  143Failure of the Actuary to notify the Authority of any change in the content of the documents and the data based on which he was licensed within a maximum period of (10) days.10,000
                  144Failure of the Actuary to notify the Authority in case the manager in charge position therein is vacant.5,000
                  145Failure of the Actuary to fill in the vacant position within a period of (three) months as from the date the position becomes vacant10,000
                  146Violation of the Actuary of the requirements of the Professional Indemnity Insurance Policy as specified in the regulations.10,000
                  147Failure of the Actuary to inform the Authority that he is providing services in his capacity as an employee or appointed actuary under a contract within seven days as from the date of commencement of his relationship with the Company.5,000
                  148Violation of the corporate Actuary of the conditions of opening branches inside the State.50,000
                  149Violation of the Actuary of his obligations, duties, basic functions or the specified additional duties in accordance with the regulations.50,000
                  150Failure of the Actuary to comply with the rules of practicing the profession in accordance with the regulations.20,000
                  151Violation of Damage and Loss Adjusters of the conditions and procedures that should be met for licensing and registration in accordance with the regulations.20,000
                  152Violation of Damage and Loss Adjusters of the conditions for opening branches inside the State.10,000
                  153Failure of the Damage and Loss Adjusters to carry out their duties20,000
                  154Violation of the Damage and Loss Adjusters of the contents of the settlement report.20,000
                  155Violation of the Damage and Loss Adjusters of the requirements of the Records of the Dadmager and Loss Adjuster.20,000
                  156Failure of the Damage and Loss Adjusters to submit the data specified under the regulations.20,000
                  157Failure of the Damage and Loss Adjusters to submit the data specified in the regulations approved by an auditor registered by the Authority.20,000
                  158Failure of the Damage and Loss Adjusters to submit the data specified in the regulations within three months from the end of the financial year.10,000
                  159Violation of the Damage and Loss Adjusters of the decision of his suspension from practicing the operations.20,000
                  160The Company opened a point of sales for insurance products without being licensed and registered in the Insurance Authority Register.50,000 for each point of sales
                  161The Company authorized a point of sales to pay compensations.10,000
                  162Violation of the Company of the conditions of licensing points of sale affiliated thereto.50,000
                  163Violation of the company of any of the duties and obligations of the point of sales towards customers.50,000
                  164Failure of the Company to renew the registration of the Point of Sales10,000
                  165The company registered its Point of Sale based on incorrect information or data.20,000
                  166Failure of the company to submit all records, documents to the Authority to supervise the Point of Sales or any of its employees, companies, customers or beneficiaries.20,000
                  167Failure of the Company's Point of Sales to place all records, documents and entries at the disposal of the Authority and its employees.50,000
                  168Failure of the Company's Point of Sales to cooperate with the Authority and its employees in order to fully carry out their work.25,000
                  169Failure of the Point of Sale to provide any data or information required by the Authority within the period specified by it.10,000
                  170Violation of the Company of its obligations under the motor vehicle insurance policy.20,000
                  171Failure of the Company to provide “substitute motor vehicle” or the allowance for renting an alternative motor vehicle.20,000
                  172The Company collected a passenger premium for persons not employed by the Insured.5,000
                  173Violation of the company of the tariff rate defined for motor vehicles insurance.50,000
                  174Violation of the company of the defined percentages of recoverable premium in the motor vehicle insurance policy.10,000
                  175Violation of the company of the general conditions in the motor vehicle insurance policy.20,000
                  176The company developed additional conditions without highlighting these conditions by different color or font and without being endorsed by the insured.20,000
                  177Failure of the Company to comply with the two forms annexed to the unified motor vehicle insurance policy, when issuing insurance policies against third party liability and against loss and damage.30,000
                  178The Company non observance of the Arab Treaty related to the Orange Card, when issuing the insurance policy.10,000
                  179The Company accepted the extension of the third party liability insurance policy to Arab countries under an insurance policy other than the Orange Card.25,000
                  180The Company refused the application for insurance policy against third party liability or against loss or damage of a motor vehicle that meets the applicable conditions of the Traffic Law.25,000
                  181The Company refused to renew the insurance policy of a motor vehicle that meets the applicable conditions of the Traffic Law.25,000
                  182The company discriminated between the insured in relation to insurance rates , conditions and benefits of insurance coverage on the grounds of age, gender, residence place, or lapse of less than one year after being granted the driving license, unless it presented satisfactory technical or legal reasons.25,000
                  183Failure of the company, in case of total loss to promptly pay the amount of compensation to the insured within the specified periods in accordance with the basis stipulated in the Unified Motor Vehicle Insurance Policies Regulations.50,000
                  184Failure of the Company, in case the claim was rejected to inform the claimant of the reasons of the rejection in writing along with a copy of the documents supporting the company's decision.30,000
                  185Failure of the Company to settle claims resulting from motor vehicle accidents within a period not exceeding fifteen days as from the date of receiving the complete documents of the claim.50,000
                  186Violation of the Company of the general conditions in the Unified Motor Vehicle Insurance Policies Regulations for the class of insurance policy issued by it.30,000
                  187Violation of the company of its liabilities under the Unified Motor Vehicle Insurance Policies Regulations for the class of insurance policy issued by it.50,000
                  188Violation of the company of the provisions specified for the termination of the motor vehicle insurance policy.20,000
                  189Violation of the company of the general provisions specified in the motor vehicle insurance policy.50,000
                  190Violation of the Company of the depreciation percentages for parts of motor vehicles specified in the motor vehicle insurance policy for the class of insurance policy issued by it.20,000
                  191Violation of the Company of the percentages of recoverable premium in case the motor vehicle policy was terminated.20,000
                  192Violation of the company of the basics of claims settlement in accordance with the instructions.20,000
                  193Violations of the Takaful insurance company of the terms and conditions of membership contribution document for Takaful insurance.30,000
                  194Violation of the Takaful insurance company of the provisions of founding the Shari'a Supervisory Committee in accordance with the legislations issued by the Authority.30,000
                  195Violation of the Takaful insurance company of the terms and conditions of membership in the Shari'a Supervisory Committee in accordance with the legislations issued by the Authority.20,000
                  196Failure of the Takaful insurance company to develop an internal bylaws for the work of the Shari'a Supervisory Committee in accordance with the legislations issued by the Authority.10,000
                  197Violation of the Takaful insurance company of the conditions for appointing the Shari'a Controller in accordance with the legislations issued by the Authority.10,000
                  198Violation of the Takaful insurance company of the provisions of dividing the family Takaful insurance account in accordance with the legislation issued by the Authority.20,000
                  199Violation of the Takaful insurance company of the provisions of the accounts related to the classes and types of Takaful insurance in accordance with the legislation issued by the Authority.20,000
                  200Violation of the Takaful insurance company of the provisions of Rights of Participants and sharing the surplus in Participants' accounts in accordance with the legislation issued by the Authority.50,000
                  201Failure of the Takaful insurance company to respond within (ten) working days to the request of the participant of Takaful Family Insurance Account by providing him with a copy of the Actuary's report concerning the audit of the account of this type of Takaful insurance.15,000
                  202Violation of the Takaful insurance company of the terms and conditions of “Qard Hasan” specified in accordance with the legislations issued by the Authority.100,000
                  203Violation of the Takaful insurance company of the terms and conditions of Re-Takaful specified in accordance with the legislations issued by the Authority.50,000
                  204Violation of the Takaful insurance company of the terms and conditions of establishing a Zakat Fund for its own self, in accordance with the legislations issued by the Authority.50,000
            • Fatca

        • Insurance Disputes Committees

          • Insurance Authority Board Resolution No. (33) of 2019 Concerning the Regulation of the Committees for the Settlement and Resolution of Insurance Disputes

            IA-BOD-RES 33/2019 Effective from 15/7/2019

             

            This Resolution has been amended by the Insurance Authority Board of Directors' Resolution No. (9) of 2019. You are viewing the latest version. Please find the PDF of the previous version on the table below.
            version 2 (consolidated as of 12/03/2020) 
            version 1 (effective from 15/07/2019) 

             

            The Board of Directors of the Insurance Authority,

            - Having perused Federal Law No. (1) of 1972 Concerning the Competencies of Ministries and the Power of Ministers, as amended;
            - Federal Law No. (11) of 1973 Concerning the Organization of Judicial Relationships between the Emirates Members in the Union;
            - Federal Law No. (5) of 1985 Concerning the Federal Judicial Authority, as amended;
            - Federal Law No. (23) of 1991 on the Regulation of the Legal Profession;
            - Federal Law No. (10) of 1992 Promulgating the Law of Evidence in Civil and Commercial Transactions, as amended;
            - Federal Law No. (1) of 2006 on Electronic Commerce and Transactions;
            - Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Organization of Insurance Operations, as amended; and,
            Based on the proposal of the Director General of the Insurance Authority and consent/approval of the Board of Directors of the Authority,

            Has resolved:

            • Definitions

              • Article (1)

                The following terms and phrases shall have the meanings set against each, unless the context otherwise requires:

                The State:The United Arab Emirates.
                Law:Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and the Organization of Insurance Operations, as amended.
                Executive Regulations:The Executive Regulations of the Law.
                Authority:The Insurance Authority.
                Board:The Board of Directors of the Authority.
                Chairman:The Chairman of the Board of Directors.
                Director General:The Director General of the Authority.
                Company:The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent. including Takaful insurance companies.
                Committee(s):The Committee for the Settlement and Resolution of Insurance Disputes.
                Insurance Disputes:The disputes arising from the complaints of the Insured, beneficiaries or the concerned affected parties against the Company.
                Insured:The person who has concluded an insurance contract with the company.
                Beneficiary:The person for whom the insurance stipulates for his interest, an amount of money, a fixed payment, or other financial compensation in case an accident happened, or if the insured risk in the insurance contract is realized
                Insurance Policy (Insurance Contract):The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their liabilities, and rights or the rights of beneficiary of the insurance and any endorsements therein.
                Dispute:The complaint filed in accordance with the provisions of the Law and the Regulation herein.
                Complainant:The natural or corporate person that has filed the complaint in person, through his legal representative, attorney or the person acting on his behalf.
                Defendant:The company against which the complaint is filed.
                Dispute Settlement:The reconciliatory resolution of dispute between the parties.
                Dispute Resolution:The resolution of a Dispute by a decision of the Committee.
                Electronic Systems:The electronic, smart or other services approved by the Authority.
                Remote Communication Technology:The use of audiovisual means of communication between two or more parties to achieve remote presence and exchange of documents and regulations, including the registration of complaint, process of giving notice, hearing of complaint, sessions, deliberation, issuance and notification of the decision, made through the use of such technology.

                 

                This article has been amended by the Insurance Authority Board of Directors Decision No. (9) of 2020. You are viewing the latest version. To view the previous version, click the version box below.
                Version 1(effective from 15/07/2019 to 12/03/2020)

                The following terms and phrases shall have the meanings set against each, unless the context otherwise requires:

                The State:The United Arab Emirates.
                Law:Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and the Organization of Insurance Operations, as amended.
                Executive Regulations:The Executive Regulations of the Law.
                Authority:The Insurance Authority.
                Board:The Board of Directors of the Authority.
                Chairman:The Chairman of the Board of Directors.
                Director General:The Director General of the Authority.
                Company:The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent. including Takaful insurance companies.
                Committee(s):The Committee for the Settlement and Resolution of Insurance Disputes.
                Insurance Disputes:The disputes arising from the complaints of the Insured, beneficiaries or the concerned affected parties against the Company.
                Insured:The person who has concluded an insurance contract with the company.
                Beneficiary:The person who has initially acquired or to whom the rights of the Insurance Policy have been legally transferred.
                Insurance Policy (Insurance Contract):The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their liabilities, and rights or the rights of beneficiary of the insurance and any endorsements therein.
                Dispute:The complaint filed in accordance with the provisions of the Law and the Regulation herein.
                Complainant:The natural or corporate person that has filed the complaint in person, through his legal representative, attorney or the person acting on his behalf.
                Defendant:The company against which the complaint is filed.
                Dispute Settlement:The reconciliatory resolution of dispute between the parties.
                Dispute Resolution:The resolution of a Dispute by a decision of the Committee.
                Electronic Systems:The electronic, smart or other services approved by the Authority.
                Remote Communication Technology:The use of audiovisual means of communication between two or more parties to achieve remote presence and exchange of documents and regulations, including the registration of complaint, process of giving notice, hearing of complaint, sessions, deliberation, issuance and notification of the decision, made through the use of such technology.

                 

                 

            • General Provisions

              • Article (2)

                1. The Committees formed under this Regulation shall administratively and financially report to the Authority. The Board shall issue necessary decisions in this concern.
                2. The language of the Committees is Arabic. The Committee shall hear the statements of non-Arabic speaking parties, witnesses or experts through an interpreter after taking oath before the Chairman of the Committee.
                3. The Committee shall hear the Insurance Disputes filed before it neutrally and objectively, taking into account the legal provisions related to the subject matter of the Dispute, regulations, instructions and resolutions issued thereunder and the generally accepted insurance principles.
                4. In fulfilling its operations, the Committee shall be entitled to review papers, documents, records and all evidence and take all actions as it may deem appropriate without adhering to the Civil Procedures Law, the Law on the Regulation of the Legal Profession and official working hours.
                5. The Committee shall hold its sessions in the presence of the Chairman and majority of Members to hear the Disputes referred to it. The Committee may hear the statements and arguments of the parties and issue its decisions by majority.
            • Formation of the Committees

              • Article (3)

                1. Standing committees shall be formed for the settlement and resolution of Insurance Disputes. These Committees shall hold their sessions in Abu Dhabi and Dubai, and the Committees shall hold their sessions in other cities and emirates of the UAE pursuant to common interest by a decision issued by the Director General.
                2. Every Committee consists of a chairman and two or more Members from the employees of the Authority and a similar number in the capacity of an Alternate Chairman and two or more Alternate Members. A decision is issued by the Chairman of the Insurance Authority appointing them and determining their remunerations. The Authority may assign the chairmanship of the Committees to a delegated judge in coordination with the competent authorities.
                3. The Committees' Members shall be subject to all controls and obligations imposed on and adhered to by judges in accordance with the laws, regulations and decisions issued in the UAE in this concern to the extent the same apply to them.
                4. The term of membership of the Committees is one calendar year, which may be renewed for similar period(s).
                5. If the term of membership expires with no decision on the renewal of formation of the Committee, the Chairman and Members shall remain in office until a decision on the renewal or reformation of the Committee is issued.
            • Competencies of the Committees

              • Article (4)

                The Committees shall be competent to settle and resolve Insurance Disputes of all types and classes of insurance arising from the complaints of the Insured, the Beneficiaries or the affected of capacity or interest in the Insurance Dispute against the Company only of any value whatsoever, whether estimated or not.

              • Article (5)

                The Committees shall not be competent to:

                1. The summary and interim cases and orders and precautionary attachment.
                2. The Insurance Disputes pending before the courts before the Regulation goes into effect in any instance of litigation.
                3. The Insurance Disputes that are subject to an arbitration clause.
                4. The subrogation of an Insurer (Company), by the amount paid as an insurance for a damage, in the place of the insured or the beneficiary for the rights of any of them before the third party causing the damage for which the insurer is liable or before the insurance company of the third party causing the damage under a legal subrogation right.
                5. Claims between Insurance Companies and the adjustment of balances.
                6. Claims between Insurance-Related Professionals and Insurance Companies.

                 

                This article has been amended by the Insurance Authority Board of Directors Decision No. (9) of 2020. You are on the latest version. To view the previous version, click the version box below.
                Version 1(effective from 15/07/2019 to 12/03/2020)

                 

                The Committees shall not be competent to:

                1. The summary and interim cases and orders and precautionary attachment.
                2. The Insurance Disputes pending before the courts before the Regulation goes into effect in any instance of litigation.
                3. The Insurance Disputes that are subject to an arbitration clause.

                 

            • Insurance Dispute Rejection Cases

              • Article (6)

                The Committee shall make its decision rejecting the Insurance Dispute referred to it in the following cases:

                1. If the same complaint was previously filed to one of the Committees and decided on.
                2. If the fees of the experts, appointed by the Complainant, were not paid.
                3. If the Committee is not competent to hear the complaint.
                4. If the requirements for lodging a complaint are not met.
                5. Any request or objection/defense made by a person that does not have an existing or potential capacity or interest in the Insurance Dispute in the legal concept of complaining shall shall not be accepted.
            • Filing of Complaints

              • Article (7)

                1. The Defendant Company shall process claims in accordance with the Law and applicable legislations and the provisions of the Insurance Policies.
                2. If the Complainant has objection to the processing of application, it may file a complaint in writing to the Authority through the electronic system and all relevant documents and details shall be attached, including for example:
                  1. The name, address, post office box and phone number of the Complainant.
                  2. The addresses of electronic service of the Complainant, its legal representative or attorney.
                  3. The subject matter of and requests in the complaint.
                  4. The supporting documents to the complaint.
                  5. Any other documents related to the complaint.
                3. The Authority requests clarifications from the Defendant through the electronic system, which clarifications shall be furnished within five working days.
            • Referring Complaint to the Committee

              • Article (8)

                1. The Complainant may object to the clarifications made by the Defendant and request that the Dispute be referred to the Committee.
                2. The Complaint is entered in the record as per date of receipt. The Organizational Unit shall refer the complaint file to the competent Committee within three working days after the documents are completed. The Complainant is notified of the status of referring the Complaint to the Committee including the number of Complaint, date of referral and the Committee competent to hear it.
            • Appearance and Proceeding of Complaint

              • Article (9)

                The procedures of complaint registration, notification, filing of documents, appearance, publicity, pleading, hearing of witnesses and experts, cross-examination, deliberation, ruling and enforcement of all procedures provided for herein shall materialize if done partly or wholly through the remote communication technology.

            • Request for Personal Appearance

              • Article (10)

                The disputing parties in the remote communication procedures in every phase of the Committee's operation may request the Committee for appearance for hearing of statements, and the Committee shall decide on this request and notify the parties.

            • Settlement of Insurance Disputes

              • Article (11)

                1. In this phase, the Committee shall be competent to settle the Insurance Dispute through reconciliation. In doing so, the Committee may use the remote communication technology, including the writing down of Complaint procedures in hardcopy or softcopy documents or minutes approved by it.
                2. The disputing parties shall be informed that the Committee has commenced the procedures of settlement by registered mail, through a company (an office licensed by the concerned bodies), via electronic mail or through the remote communication technology.
                3. The Committee shall settle the dispute through reconciliation within a period not exceeding fifteen working days from the date of request. This duration may be extended to another similar duration with the consent of the disputing parties or by a decision of the Chairman of the Committee.
                4. If settlement is reached between the disputing parties before the Committee, this shall be entered in the deed of reconciliation by all means and attested by the Chairman and Members of the Committee.
            • Resolution of Insurance Disputes

              • Article (12)

                If the Committee cannot settle the Insurance Dispute through reconciliation, it shall proceed with the dispute resolution procedures.

            • Procedures of the Committee

              • Article (13)

                1. If the Committee decides to hold its sessions in the presence of the parties or their representatives, they shall be informed of the date by registered mail, through a company (an office licensed by the concerned bodies), via electronic mail or through the remote communication technology.
                2. If the Complainant fails to attend the session without furnishing an excuse acceptable to the Committee, the Committee may on its own motion or upon the request of the Defendant resolve the dispute if resolvable or order its deletion and the parties shall be so informed.
                3. If the dispute is deleted, the Complainant shall have the right to apply for its re-registration within a period not exceeding thirty days for completion of hearing.
                4. If the Defendant is absent without an excuse acceptable to the Committee, the Committee may on its own motion or upon the request of the Complainant resolve the dispute if resolvable.
              • Article (14)

                The Complainant may join in the dispute whoever would rightfully have been a litigant when the case was initially filed. If the Defendant claims he is entitled to have recourse against a company that is not a party to the dispute, he shall submit a written request to the Committee showing the nature and grounds of his claim and shall apply for joinder of such company as a party to the dispute and the Committee may accept or reject this application. In addition, such company may be joined into the dispute upon its request.

                This article has been cancelled pursuant to the Insurance Authority Board of Directors Decision No. (9) of 2020. To see the previous version, click on the version box below
                Version 1(effective from 15/07/2019 to 12/03/2020)

                 

                The Complainant may join in the dispute whoever would rightfully have been a litigant when the case was initially filed. If the Defendant claims he is entitled to have recourse against a company that is not a party to the dispute, he shall submit a written request to the Committee showing the nature and grounds of his claim and shall apply for joinder of such company as a party to the dispute and the Committee may accept or reject this application. In addition, such company may be joined into the dispute upon its request.

                 

              • Article (14)

                1. The Committee shall study and decide on the Insurance Disputes referred to it and the documents and details furnished to it within twenty working days from the end of its operations and receipt of all documents, details and information required for decision. When necessary, the Committee may extend this duration to similar durations.
                2. The Committee may allow the disputing parties to submit any new documents that have not been attached in the Complaint for an excuse that is acceptable to the Committee or if it believes that these documents are necessary to take decision in the dispute.
                3. The Committee shall hear the dispute in the presence or absence of the parties if the furnished documents and evidence are sufficient in such a way that the Committee may make its decision resolving the dispute on the basis of such documents and evidence.
                4. The Committee may decide in any request made by any party for reimbursement for the expenses of the dispute in whole or in part, as the case may be.
              • Article (15)

                1. The Committee shall have the competency to seek the help of competent consultants, surveyors and loss adjusters registered with the Authority and the experts registered with other competent authorities concerning certain matters determined by the Committee. The experts are required to submit their reports concerning the facts in writing. The Committee may invite any of them to appear before it and make discussion with him concerning the contents of his report and may, in doing all the foregoing, use the remote communication technology. The Committee determines the party bound to pay the expert's fees in advance, which shall be borne by the losing party.
                2. The Committee may hear the witnesses for resolution of the dispute through the remote communication technology or through personal appearance.
                3. The interested parties may challenge the decisions of the Committees before the court of first instance of competent jurisdiction within 30 days from the day next to their notification of the decision, otherwise, the decision shall be considered final and enforceable.
              • Article (16)

                The parties shall be informed of the decision of the Committee by registered mail, through a company (an office licensed by the concerned bodies), via electronic mail or through the remote communication technology. The decision shall have the effect of an executive deed in accordance with the provisions of the laws in force.

            • Duties of the Organizational Unit of the Committees for the Settlement and Resolution of Insurance Disputes

              • Article (17)

                The Organizational Unit of the Committees shall assume the following tasks:

                1. Receive the requests for referral of disputes to the Committee and verify that they are duly completed in accordance with the provisions of this Regulation.
                2. Unify the forms used by the Committees.
                3. Prepare a quarterly report on the results of operations of the Committees, including the suggestions and recommendations concerning the same, to be referred to the Director General or the person acting on his behalf. The report shall include the following details:
                  1. The number of objections made by the Complainants.
                  2. The regularity of holding of the Committees' sessions.
                  3. The number of sessions deferred and the reasons therefor.
                4. Develop and propose the solutions derived from the follow-up of the Committees' operations and refer the same to the Chairmen of the Committees for avoidance.
                5. Gather the principles contained in the decisions of the Committees and circulate the same to the other Committees for guidance.
                6. Receive the requests for removal of any Committee Member and refer the same to the Director General or the person acting on his behalf in accordance with the provisions of this Regulation.
                7. Keep, classify and index the register and cases files.
                8. Any other tasks assigned thereto.
            • Duties and Operations of the Committee Secretary

              • Article (18)

                The Committee Secretary shall assume the following duties and powers:

                1. Prepare the agenda of the Committee.
                2. Contact the disputing parties as per the Committee's directives.
                3. Take down the minutes of the Committee and the outgoing correspondences and decisions.
                4. Implement the decision of the Committee of inviting the disputing parties and experts to appear before the Committee.
                5. Notify the disputing parties of the decision of the Committee using the remote communication technology or any other legally acceptable means.
                6. Contact official agencies and prepare letters.
                7. Any other tasks assigned to him by the Committee.
            • Register of Disputes

              • Article (19)

                A register shall be maintained for the registration of disputes and the concluded settlement agreements or resolution decisions. Such register shall include:

                1. The number of application (complaint).
                2. Name of the Complainant or its legal representative, if any.
                3. Name of the Defendant(s) or its legal representative, if any.
                4. Subject matter and type of the dispute.
                5. The date of the complaint.
                6. The Committee to which the dispute is referred.
                7. The deferrals and their causes.
                8. The actions taken.
                9. The settlement agreement and its date.
                10. The dispute resolution decision and its date.
            • Record Keeping

              • Article (20)

                The records of disputes shall be registered and saved electronically, shall be confidential, and may only be circulated, reviewed, copied or deleted from the electronic system with the permission of the Committee, as the case may be.

            • Independence and No Conflict of Interest

              • Article (21)

                1. Neither the Chairman nor any Member of the Committee may take part in any operations of the Committee when hearing any dispute in which he or his spouse has a direct or indirect interest, or has an affinity by marriage or blood up to the fourth degree to the Complainant, a custodian or trustee of the Complainant, or a current or former agent or a legal representative of the Complainant or Defendant in its private business.
                2. In all cases, the Chairman or Member of the Committee may withdraw from the hearing of the dispute in any of the cases mentioned in Clause (1) of this Article. In case of non-withdrawal despite the realization of the case, he will be removed by a decision of the Board.
                3. The Alternate Chairman or Member shall replace the withdrawing or dismissed Chairman or Member.
            • Binding Force of Electronic Signature and Documents

              • Article (22)

                The electronic signature and electronic documents shall have the same binding force of formal and informal signature or formal and informal paper documents provided for in this Regulation, whenever they meet the conditions and provisions stipulated in the Federal Law on Electronic Commerce and Transactions mentioned above.

            • Challenge of Electronic Documents or Signature

              • Article (23)

                1. The copies of documents are accepted in the procedures implemented through remote communication technology. However, this does not prevent that the person who presents the documents be ordered to present the original documents to the Committee if this is deemed necessary by the Committee for taking decision.
                2. The challenge by a party of the documents presented by the other party only for being copies is disregarded, unless the party that challenges the same insists that these documents are inauthentic or have not been issued by the party to whom they are attributed.
                3. The provisions of this Regulation and the applicable legislations shall apply if the presented documents are challenged or alleged to be inauthentic.
                4. If the documents challenged prove to be authentic or to have been issued by the party to whom they are attributed, and the challenge or allegation of inauthenticity of such documents is unjustifiable and leads to delay of the Committee or the party presenting these documents incurring unjustified extra expenses, the Committee may order the party that has challenged or alleged these documents to be inauthentic to bear these expenses.
            • Application of Information Security Policies

              • Article (24)

                The remote communication technology provided for in this Regulation shall be subject to the legislations, regulations and information security policies approved in the UAE.

            • Issuance of Decisions

              • Article (25)

                The Director General shall issue the decisions and circulars necessary for enforcement of the provisions of this Regulation.

            • Publication and Going into Effect

              • Article (26)

                This Regulation shall be published in the Official Gazette and go into effect three months after its date of publication.

        • CAB Resolution - Rectifying Status

          • Insurance Authority Board of Directors Resolution No. (10) of 2016 Concerning the Instructions on Regulating the Business of the Existing Licensed Composite Insurance Companies

            The Board of Directors of the Insurance Authority, having perused:

            - The Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations, as amended;

            - The Board of Directors Resolution No. (2) of 2009 regarding issuing the Implementing Regulations of the Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations;

            - The Board of Directors Resolution No. (25) of 2014 concerning the Financial Regulations for Insurance Companies;

            - The Board of Directors Resolution No. (26) of 2014 concerning the Financial Regulations for Takaful Insurance Companies; and

            - Based on the recommendation of the Director General of the Authority, and the approval of the Board of Directors,

            Has resolved:

            • Insurance Authority Board of Directors Resolution No. ( 11 ) of 2016 Concerning the Revision of the Pricing Policy Applied by a Company in the Classes of Property and Liability Insurance

              Effective from 20/4/2016

              The Chairman of the Board of Directors of the Insurance Authority, having perused:

              - The Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations, as amended and its Implementing Regulations;

              - The Board of Directors Resolution No. (25) of 2014 concerning the Financial Regulations for Insurance Companies;

              - And on the Board of Directors Resolution No. (26) of 2014 concerning the Financial Regulations for Takaful Insurance Companies;

              - The Board of Directors Resolution No. (3) of 2010 concerning the Rules of Practice and Ethics to be followed by the insurance companies operating in the State; and

              - Based on the recommendation of the Director General of the Authority, and the approval of the Board of Directors,

              Has resolved:

              • Article (1)

                The existing licensed composite insurance companies shall comply with the following:

                1. Performing complete separation between the insurance of persons and fund accumulation operations and property and liability insurance operations in terms of: technical, financial, technological, administrative and legal procedures, and the related matters including systems, processes, and technical, administrative and financial personnel, with the exception of the company's general manager.
                   
                2. Preparing of all reports and financial statements required by law, regulations, instructions and decisions issued pursuant thereto, on a consolidated basis, and on a separate basis for the insurance of persons and fund accumulation operations and property and liability insurance operations.
                • Article (1)

                  Insurance companies that transact the business of property and liability insurance as detailed in Article (5) of the Implementing Regulations No. (2) of 2009 of the Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations shall comply with the following:

                  1. Revise the pricing policy applied by the company in the classes of insurance provided for in Article (5) of the Implementing Regulations, explain the principles and rules adopted in setting the prices, assess such policy and submit proposals for the amendment thereof, if necessary, by an Actuary licensed and registered with the Insurance Authority.
                     
                  2. The company must review and assess its pricing policy twice in each fiscal year of the company. The first revision shall be made by the end of the first half of the year, and the second revision at the end of December.
                • Article (2)

                  The insurance of persons and fund accumulation shall include the insurance classes stated in Article (4) of the Implementing Regulations. Property and liability insurance shall include the classes stated in Article (5) of the Implementing Regulations.

                  • Article (2)

                    The report of the Actuary on the revision and assessment of the pricing policy of the company shall include the following as a minimum:

                    1. Determine the adequacy of the risk factors taken into account when setting the prices.
                       
                    2. Determine and examine the adequacy of the ratios of general and administrative expense, ratios of re-insurance expenses, expenses and other expenses of third party administrators taken into account within the prices.
                       
                    3. Disclose the specific profit margin in the price.
                       
                    4. Assess the process used in taking into account the claims’ history when setting the prices and disclosing the expected inflation ratios, in addition to determining the process of establishing the provision for the incurred but not reported claims.
                       
                    5. Assess the availability of the necessary controls in the pricing tools used.
                       
                    6. Examine the adequacy of the prices of each insurance product separately.
                       
                    7. Assess the impact of the pricing policy of the company on its financial position.
                       
                    8. Assess the appropriateness of the pricing policy of the company to protect the rights of policyholders and pay off the due compensations.
                       
                    9. Any other items which the Actuary deems necessary to perform his functions.
                       
                  • Article (3)

                    The existing licensed composite insurance companies shall comply with the following:

                    1. Adopt a separate investment strategy for the insurance operations of each of the two insurance types.
                       
                    2. Keep separate entries and records for each of the two insurance types in addition to any other records, as necessary, in order to identify all assets and liabilities of each type.
                       
                    3. Keep separate books specific for each of the two insurance types, as well as keeping the records of the transactions relating to each type separately. They must also keep the accounting books and technical records necessary to identify all assets and liabilities relating to each type.
                    • Article (3)

                      1. The Actuary must submit his report to both the Insurance Authority, the company’s Board of Directors and management within 15 days from the date of its preparation.
                         
                      2. The management of the company must provide the Insurance Authority and the company’s Board of Directors with its views concerning the comments and suggestions contained in the Actuarial Report within 20 working days from the date of its submission.
                         
                      3. The company's management shall provide the Insurance Authority with a copy of the company's Board of Directors decision concerning the Actuarial Report within five working days from the date of its issuance.
                         
                    • Article (4)

                      For the purposes of implementing the provisions of Article (1) herein, the existing licensed composite insurance companies shall prepare all financial reports and financial statements according to the following:

                      1. Prepare consolidated financial statements and separate financial statements for each of the two insurance types, to include the following:
                         
                        1. The consolidated financial statements of the composite insurance company must include the following as a minimum:
                           
                          1. Consolidated Statement of Financial Position;
                             
                          2. Consolidated Income Statement;
                             
                          3. Consolidated Statement of Comprehensive Income;
                             
                          4. Consolidated Statement of Cash Flows; and
                             
                          5. Consolidated Statement of Changes in Equity.
                             
                        2. The separate financial statements of the composite insurance company must include the following as a minimum:
                           
                          1. Statement of Financial Position for the respective type of insurance; and
                             
                          2. Statement of Income for the respective type of insurance.

                         
                      2. The separate financial statements and consolidated financial statements stated in these Instructions shall be prepared according to Schedule (1) of the financial instructions and the financial forms issued by the Authority.
                         
                      3. It is required to comply with the provisions and other requirements relating to the annual and interim consolidated and separate financial statements, in accordance with the stipulations in the Financial Instructions for Insurance Companies and Financial Instructions for Takaful Insurance Companies.
                      • Article (4)

                        If required, the other provisions and requirements set forth in the Financial Instructions for Insurance Companies concerning the Actuarial Report shall be adhered to.

                      • Article (5)

                        The existing licensed composite insurance companies shall comply with the following:

                        1. Have of technical and administrative staff on an ongoing basis, fully independent for each type.
                           
                        2. Preparation of lists of all key personnel in each of the two insurance types along with a detailed statement of their qualifications and experience, including complete separation between their respective work, duties, responsibilities and terms of reference.
                           
                        3. Provide separate financial statements showing the existence of separate bank accounts for each type.
                           
                        4. Provide statements showing the insurance classes of each type separately.
                           
                        5. Any statements, requirements, supporting papers or other information required by the Director General of the Authority.
                        • Article (5)

                          The Director General may require the company to take corrective measures to ensure the adequacy and fairness of price and their appropriateness to the risks covered and so as to maintain the integrity of the financial position of the company and protect the rights of policyholders from exposure to risk.

                        • Article (6)

                          The Director General of the Authority shall issue the necessary decisions and circulars to implement the provisions of these Instructions.

                          • Article (6)

                            The Director General of the Authority shall issue the necessary decisions and circulars to implement the provisions of these Instructions.

                          • Article (7)

                            This Resolution shall be published in the Official Gazette and shall be effective immediately upon issuance.

                            • Article (7)

                              This Resolution shall be published in the Official Gazette and shall be effective immediately upon issuance.

        • Digital Services

          • Sand Box

            • The Insurance Authority Board of Directors' Decision No. (41) of 2019 Concerning the Supervisory Rules for the Experimental Environment of Financial Technology in the Insurance Industry

              IA-BOD-RES 41/2019 Effective from 15/9/2019

              The Chairman of the Board of Directors of the Insurance Authority,

              Having pursued;

              - Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of Insurance Operations, the amendments thereof and its Executive Regulations, and the regulations issued in implementation thereof and the amendments thereof;
              - Commercial Transactions Law promulgated by Federal Law No. (18) of 1993;
              - Federal Law No. (1) of 2006 Concerning Electronic Transactions and Commerce;
              - Federal Law No. (24) of 2006 On Consumer Protection;
              - Federal Decree-Law No. (3) of 2012 on the Establishment of the National Electronic Security Authority and the amendments thereof;
              - The Federal Law No. (2) of 2015 On Commercial Companies;
              - Federal Law No. (12) of 2016 Amending Federal Law No. (5) of 2012 on Combating Information Technology Crimes and the amendments thereof;
              - And, based on the proposal of the Director General of the Insurance Authority and the approval of the Insurance Authority's Board of Directors,

              Has decided: -

              • Article (1)

                The Financial Technology Regulatory Framework (Supervisory Rules for the Experimental Environment) annexed to this Decision, which forms an integral part thereof shall be adopted.

              • Article (2)

                The Director General shall be authorized to:
                1. Amend the supervisory rules for the experimental environment as deemed appropriate, when needed.

                2. Exclude the participants, who wish to enter the experimental environment from any mandatory requirements or obligations in the Authority's legislations whenever necessary within the scope and period of the acceptance letter granted for this purpose, and exclusively within the experimental environment, in order to enable them to participate in therein.

              • Article (3)

                This decision shall be published in the Official Gazette and shall come into force as from the day following the date of its issuance.

              • Appendix (1)

                • Supervisory Rules for the Experimental Environment of Financial Technology in the Insurance Industry

                  • First: Introduction

                    1. The rapid developments in digital technology are transforming the economic and financial landscape, as well as, creating opportunities and posing challenges for the insured, policyholders, beneficiaries, affected stakeholders, companies, related professions and regulators.

                    2. These developments are mostly led by the private sector, driven by the global digitization and technological development forces that are reshaping numerous aspects of the world's economies and societies.

                  • Second: Objective

                    1. Contributing to achieving the UAE Vision 2021, which aims to create a competitive knowledge economy based on innovation, which requires the support of the Innovative Solutions Owners. In the meanwhile, qualifying the Authority to understand the products to be introduced and identify the risks associated with them and to ensure a satisfactory level for customers during the pilot period.
                    2. Transforming the UAE insurance market into a smart insurance market.
                    3. Supporting the emerging Emirati FinTech companies.
                    4. The Authority aims, by issuing this document, to define the regulatory framework for the operation and management of the experimental environment of the insurance sector, in order to create an attractive environment for the insurance sector using innovative systems, as well as, making it a platform to interact with FinTech companies, improving the regulatory framework, and contributing to economic growth and risk management.
                  • Third: Categories of Applicants

                    1. Innovative Solutions Owners, licensed and registered by the Authority, who wish to test technical solutions covered by their current license.
                       
                    2. Innovative Solutions Owners licensed and registered by the Authority, who wish to test technical solutions not covered by their current license.
                       
                    3. FinTech Companies registered in the Free Zones and the Financial Free Zones inside the State, which develop new FinTech solutions to be used in the State. These companies may enter the experimental environment, according to the following conditions:
                       
                      • Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
                         
                      • Obtaining an acceptance letter from the Authority to join the experimental environment.
                         
                      • Submitting the approval of the free zone or the financial free zone in the State to apply for joining the experimental environment of FinTech at the Authority.
                         
                    4. National FinTech companies and branches of foreign companies registered inside the state, which develop new FinTech solutions to be used in the State. These companies may enter the experimental environment, according to the following two conditions:
                       
                      • Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
                         
                      • Obtaining an acceptance letter from the Authority to join the experimental environment.
                         
                    5. Foreign FinTech Companies, registered in their home country, which develop new FinTech solutions to be used in the State. These companies may enter the experimental environment, according to the following conditions:
                       
                      • Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
                         
                      • Obtaining an acceptance letter from the Authority to join the experimental environment.
                         
                      • Submitting the approval of the regulatory authority in the home country to apply for joining the experimental environment of FinTech at the Authority.
                  • Fourth: Eligibility Criteria

                    1. The product, service, software, or business model (innovation) shall meet the following criteria:
                       
                      • To be related to insurance products and / or services that fall under the jurisdiction and supervision of the Insurance Authority;
                      • To be innovative in terms of the technology used.
                      • To prove its benefit to insurance proposers (such as; promoting growth, efficiency, risk management, providing wider options, etc.)
                      • To have a need to be tested in the experimental environment.
                         
                    2. Applicants must demonstrate the following:
                       
                      • Having adequate financial resources or support from an accredited entity to compensate any damages to which customers may be exposed during the experimental environment.
                      • Readiness and willingness to test the innovation in the real market environment with real customers.
                      • Willingness to launch the innovation to all customer base after completing the pilot period.
                      • Having relevant professional, technical and commercial knowledge and experience.
                      • Holding a bank account in the United Arab Emirates (if required by the Insurance Authority and in accordance with the nature of the product, service or software being tested).
                      • Meeting the criteria of efficiency and fitness in terms of integrity, financial capacity and honesty.
                  • Fifth: Cycle Time for the Participants

                    1. The Innovative Solution Owner shall follow a set of defined steps and stages that represent the time cycle for the participants in the experimental environment, in accordance with the conditions established by the Director General.
                    2. The pilot period in the experimental environment shall be from six to twelve months. This shall allow the Authority and customers to understand the feasibility of this innovation.
                    3. The Authority may reduce the length of the pilot period mentioned in the above paragraph (2), in case the proposed innovative solution:
                    a. Has a low risk nature to policyholders.
                    b. The innovative solution was previously applied to an international insurance market in cooperation with insurance companies or a branch of licensed foreign insurance companies.

                  • Sixth: Evaluation of Applications

                    The objective of the application phase is to study and evaluate the proposals made by the Innovative Solution Owners in the light of the eligibility criteria for the experimental environment, taking into consideration the following:

                    1. The originality of innovation, so that it is novel, new and supports the techniques used inside the State.
                    2. The benefit to the insured and the beneficiaries of the insurance policies, so that the applicant must provide the Authority with evidences showing that there are tangible results reflected on them positively.
                    3. Identifying the risks resulting from the innovative solution, and developing the necessary controls to manage these risks throughout the pilot period.

                    4. Readiness for testing, in terms of providing an action plan that includes the implementation timeline and a clear testing methodology.

                    5. Exit plan, so that the Authority shall be provided with the future scenario of the process:

                    1. Development of the innovative solution.
                    2. Usage of the innovative solution, specifying the following:

                    1. How to extend the innovative solution to include a larger market.
                    2. How to ensure that the insured and beneficiaries are not harmed as a result of the failure of the test.
                    3. How to ensure that the insured and beneficiaries are not harmed as a result of a decision issued by the Authority or by an initiative of the Innovative Solution Owner.

                    6. Applications for joining the experimental environment of FinTech shall be submitted in accordance with the approved forms for this purpose.
                    7. The forms shall include a number of documents that must be submitted with the application to be duly studied.
                    8. The Authority shall study and evaluate the application within a period of twenty (20) working days as from the date of submission of the completed application.

                  • Seventh: Conditions and Restrictions of the Authority

                    It is a set of conditions and restrictions imposed by the Authority in order to protect the rights of the insured, beneficiaries and affected stakeholders, including restrictions on:
                    1. Number and category of the customers of the Innovative Solution Owner participating in the test.
                    2. Type and size of transactions.
                    3. Prohibition of the possession of the funds of the insured and the beneficiaries.
                    4. Requirements to obtain written approvals from customers.
                    5. Requirements to add clear phrases in all correspondence with customers indicating that they are participating in the test.
                    6. Requirements for the simulation processes of system breach.
                    7. Controls of anti-money laundering and combating the financing of terrorism.

                    8. Requirements of processing and protecting customer data by the innovative solution.

                    9. The Innovative Solution Owner shall submit reports in order to ensure a robust framework for identifying and managing risks during the testing process.

                  • Eighth: Acceptance Letter to Join the Experimental Environment

                    1. In case the applicant is accepted to join the experimental environment, an acceptance letter of shall be provided, including the following:

                    1. Approving the entry of the innovative solution owner to the experimental environment and determining the test period.
                    2. Summary of the innovative solution that shall be tested.
                    3. List of the approved experimental environment tools.
                    4. List of the means of customer protection in the evaluation phase.
                    5. The Authority shall reserve the right to suspend the test and withdraw the acceptance letter, if the Authority become aware of a violation of the conditions and restrictions contained in the acceptance letter.
                    6. Confirmation that the Innovative Solutions Owners can use the acceptance letter in their transactions with other financial services companies to verify that they have obtained a permission from the Authority enabling them to take the test within the experimental environment.
                    7. The acceptance letter shall not be considered as a license to carry out the business of the subject matter of the innovative solution outside the experimental environment of FinTech. Joining the experimental environment may not be a pretext for evading any legal requirements under Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations as amended, as well as its executive and regulations, resolutions, regulations and instructions issued pursuant thereto.

                    2. In case of any comments on the application to join the experimental environment, the applicant may resubmit the application after fulfilling the comments of the Authority within (20) working days.
                    3. In case the applicant failure to fulfill the Authority's comments within the above specified period, the application shall be deemed cancelled. However, the applicant may submit a new application.

                    4. In case the application is not approved, the decision of the Authority shall be final.

                  • Ninth: Periodic Reports

                    The Innovative Solution Owner, who holds an acceptance letter shall send monthly progress reports to the Insurance Authority signed by the senior management. These periodic reports should include at least the following information:
                    1. Progress in KPIs.
                    2. Number of volunteering customers.
                    3. Number and size of completed transactions.
                    4. Update of the risk register.
                    5. A detailed record of operational or technical incidents, including any cybersecurity problems or breaches (if any) and measures taken to address them.
                    6. Details of any customer complaints.

                    7. In cases where the Innovative Solution Owner in the experimental environment of FinTech does not submit a monthly progress report, the Insurance Authority shall reserve the right to terminate his participation.

                  • Tenth: Exiting the Experimental Environment

                    1. Suspension at the request of the innovative solution provider as a result of technical difficulties or similar issues, that are beyond his control forcing him to suspend the test until they are resolved.
                    2. The Authority may decide to suspend or terminate the test for public interest.
                    3. Termination of the test at the request of the innovative solution provider.

                    4. The pilot period shall be ended at the end of its term.

                    5. In case the solution testing process is successful, these companies shall be permitted to release these solutions in the UAE insurance market within the controls to be determined by the Authority. However, the Innovative Solutions Owners must be fully licensed and registered to launch their digital solutions in the market. The Authority shall accelerate the registration and licensing procedures, as long as the Innovative Solution Owner is able to satisfy the conditions of registration and licensing, in accordance with the provisions of the Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations as amended, as well as its executive and regulations, resolutions, regulations and instructions issued pursuant thereto.

                  • Eleventh: General Provisions

                    1. The Authority may request a detailed audit report, prepared by an independent consultant approved by the Authority, within the period specified by the Authority, including with the following:

                    1.  A detailed description of the proposed innovative business model.
                    2.  Number and type of volunteering customers who participated in the tests.
                    3.  Number and size of the completed transactions.
                    4.  A detailed record of operational or technical incidents, including any cybersecurity problems or breaches (if any) and steps taken to address them.
                    5.  Details of any complaints by customer.
                    6.  Key results and test results.
                    7.  Evaluating whether defined KPIs have been achieved.
                    8.  Identify the main risks and the main steps taken to address an mitigate these risks.
                    9.  Feedback of the Volunteering customers, including complaints (if any).
                    10.  Details of any conducted audits.
                    11.  Results and comments concerning the success of the test.

                    2. The Authority shall have the right to publish and approve the names of applicants and the status of the received applications on its website, reports and in the audio-visual media.

          • Electronic insurance

            • Insurance Authority Board of Directors' Resolution No. (18) of 2020 Concerning the Electronic Insurance Regulations

              IA-BOD-RES 18/2020 Effective from 27/4/2020
              • Definitions

                • Article (1)

                  The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:

                  State: The United Arab Emirates

                  Law: Federal Law No. (6) of 2007 Cconcerning the Establishment of the Insurance Authority and Organization of Insurance Operations and the amendments thereof.

                  Executive Regulations: The Executive Regulations of the Law.

                  Authority/IA: The Insurance Authority.

                  Board: The Board of Directors of the IA.

                  Director General: The Director General of the IA.

                  Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent, including Takaful insurance companies.

                  Insurance-Related Professions: Any person licensed by the Authority to practice any of the activities of Insurance Agent, Actuary, Insurance Broker, Surveyor & Loss Adjuster, Insurance Consultant or any other insurance related profession that the Board decides to regulate.

                  Insured: The person who has concluded an insurance contract with the company.

                  Insurance Proposer: The person who applies to acquire insurance coverage through the website of the insurance company, insurance agent or insurance broker.

                  Insurance Agent: The person approved and authorized by the company to carry out insurance operations on its behalf or on behalf of any branch thereof.

                  Insurance Broker: The person who independently intermediates in insurance and reinsurance operations between the insurance Proposer or reinsurance Proposer on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or reinsurance has been concluded.

                  Electronic: What is relevant to new technologies which has electric, digital, magnetic, wireless, visual, electromagnetic, computed, photic capabilities, and the likewise.

                  Electronic Information: Electronic data and information in the form of text, codes, sounds, graphics, images, or otherwise

                  Electronic Insurance Operations: Any business carried out by the company through electronic and smart systems, including but not limited to; insurance coverage offers, insurance premium offers, selling of insurance policies, marketing of insurance policies, collection of premiums, receipt of claims, receipt and handling of complaints.

                  Website: The Company Address on the Web, which is accredited in all company’s publications, advertisements, and electronic documents and authorized by the competent authority, including but not limited to:

                  1. Social networks such as Facebook, LinkedIn and Twitter.
                  2. Multimedia sharing networks such as YouTube, Instagram and Snapchat.
                  3. Blogs such as Blogger, Tumblr, and Word Press.
                  4. Participatory work applications such as Google Docs and wiki tools.
                  5. Systems based on artificial intelligence and machine learning.
                  6. Autoreply, chatbot and smart personal assistant.
                  7. SMS.
                  8. Voice, video or audio communication.
                  9. Live chat channels.
                  10. Smart applications.

                  Electronic Copy: A record or document that is created, stored, generated, copied, sent, communicated or received by electronic means, on a tangible medium or any other Electronic medium and is retrievable in perceivable form.

                  Illegal Access: A person deliberately accesses a computer, a website, an information system, or a computers network without authorization.

                  Outsourcing Company, Provider or Developer: Any natural or legal person providing, publishing, and interfering with the trading of insurance information and data via the Internet.

                  Price Comparison Websites: The registered company at the Authority to provide insurance premium price comparison services, using the internet.

                  Competent Authorities: government entities concerned with the regulation of the businesses identified in the laws for their establishment.

              • Chapter One

                • General Provisions

                  • Article (2)

                    1. These regulations shall apply to all electronic and smart insurance operations practiced by licensed Insurance Companies, Insurance-related Professions and marketing insurance policies through banks to the extent applicable to their nature.
                       
                    2. The provisions of the Federal Law concerning the Electronic Commerce and Transactions and other related laws in force shall apply to the conclusion of an insurance contract electronically or any other matters related to the electronic insurance operations, excluding the matters that are specifically addressed hereunder.
                       
                    3. Insurance Companies, and Insurance-related Professions must comply with the application of Protection of Confidential Information, issued by the Competent Authorities.
                • Terms of Approval

                  • Article (3)

                    Before submitting an application to obtain the approval of the Insurance Authority to practice electronic insurance operations, Companies shall develop a specific action plan for electronic insurance operations, approved by the company’ board of directors, or signed by the owner of the Sole Proprietorship or signed by the same person, in the event that he is a natural person or Sole Proprietorship, as appropriate, prior to submitting it to the Authority. This plan shall include but not limited to the following:

                    1. An analysis of the projected volume of electronic insurance operations for the next three years;
                    2. An analysis of the risks associated with electronic transactions and the necessary precautionary measures and procedures to mitigate those risks, including, but not limited to – risks of cyber security, risks of adverse selection, money-laundering and terrorist financing offenses in insurance activities, strategic risks and illegal access to the website.
                    3. A contingency plan, including the actions that should be taken in case one or more element of the electronic or smart system are disrupted. The plan should include the corrective measures to ensure continuity of business, and reporting to the authorised officials within the company and the Authority.
              • Chapter Two: Electronic Insurance Strategy & Risk Management

                • Responsibilities of the Board of Directors/ Mangers Committee

                  • Article (4)

                    1. The adoption of the electronic insurance strategy in the company and providing the necessary directives to the executive management to ensure the proper implementation thereof.
                    2. The adoption of the risk management strategy related to electronic insurance, the development of the related internal supervisory controls, and supervising the executive management in the course of their implementation of these requirements.
                • Responsibilities of Executive Management

                  • Article (5)

                    The Executive Management shall commit to the following: -

                    1. Ensure that online insurance products and services are in line with the strategy adopted by the Board of Directors in this respect.
                    2. Ensure that the level of risks arising from electronic insurance remains within the acceptable risk level stated in the risk strategy adopted by the Board of Directors or the Managers Committee, as the case may be.
                    3. Take the necessary actions to implement the internal supervisory controls to minimize the risk of exploitation from inside and outside the Company.
                    4. Ensure the availability of adequate expertise and resources for the business and sustain the electronic insurance system.
                    5. Develop a written policy adopted by the Board of Directors that establishes a clear separation between the executive and the supervision powers of the electronic insurance and related risk management strategies, so as to determine persons and their powers to access and view the stored files and possibility to make changes to the data contained therein, as well as saving the logs that reflect any access and change to the data of those systems.
                    6. Develop a policy for advertising and use of price comparison services, obtaining data, sharing data with InsureTech companies, electronic channels developers, manufacturers and suppliers.
                • Addition of Permitted Lines of Business

                  • Article (6)

                    The company shall apply the resolutions in force and submit an application to obtain the Insurance Authority’s approval on the classes of insurance products that will be sold through its website and comply with the following conditions:

                    1. The Company shall not sell insurance policies of persons and funds accumulation operations and life insurance products, if linked to investment instruments, through the Company's website or any other website.
                    2. Subject to what is stipulated in paragraph (1) of the Article herein, the Company may sell life and personal insurance policies, which don’t require specific underwriting to each individual case.
                    3. The Company and Insurance Related Professions may sell Liability and Property insurance products through their website, in the following lines:
                      1. Health Insurance.
                      2. Fire insurance and associated perils.
                      3. Land vehicles and related liabilities.
                      4. Personal accidents.
                      5. Comprehensive household insurance.
                      6. Travel insurance.
                      7. Guarantee insurance and fidelity guarantee.
                      8. Robbery and theft insurance.
                      9. Glass insurance.
                      10. Professional indemnity insurance including liabilities of those professionals in the fields of heath, engineering, finance, accountancy, law and other professions.
                      11. Workman’s compensation and employer liability insurance.
                      12. Agriculture and livestock insurance and insurances of other animals.
                      13. Other insurances normally falling under miscellaneous accident insurance.
                      14. Marine cargo insurance.
                      15. Insurance related to housing loans, credit, personal loans, credit cards and similar perils such involuntary loss of employment and wallet insurance.
                      16. Any other insurance that the Authority approves.
                    4. The Company shall meet the requirements stipulated in Articles (3), (4) and (5) of in the Regulations herein.

                     

              • Chapter Three: Website

                • Management of the Website

                  • Article (7)

                    When managing the website, the Company shall comply with the following:

                    1. The Company shall establish an IT department that shall be responsible for the managing of the official website.
                    2. The Company shall obtain the Authority's prior approval before assigning the management of the website to any other party, and must verify the compliance of the contracting party with the provisions of the Regulations herein and related legislation.
                    3. The Company shall appoint of a Communication Officer with the organization to which the management of the website was outsourced. The Communication Officer’s responsibility shall - include but not limited to - monitoring the contents of the website, responding to the enquiries and requests of customers, verifying that the other party is adhering to application of the outsource contract terms and conditions, verifying the commitment and adherence of the other party to the Regulation hereunder and other related legislation.
                    4. Companies and related professions shall regularly conduct tests for Illegal Access and assessing vulnerabilities for the website or smart application to guarantee the soundness of such and to fill any potential gaps (if any).
                    5. Compliance with cyber security standards and requirements issued by the Competent Authorities, to protect data, systems and networks issued by the Competent Authorities.
                    6. Take the necessary measures, adhere to the data confidentiality of customer and visitor, adhere to the laws related to privacy as soon as they are issued, and put in place the necessary technical measures to prevent the leak of customer or visitor data, whether such thing happened intentionally or unintentionally.
                • Transparency and Disclosure

                  • Article (8)

                    1- The Company or related profession shall comply to directly provide all necessary information to enter into a contract through its website, including the following as a minimum:

                    1. Name of the Company or Related Professions that owns the website or the smart application.
                    2. A Declaration to show the website or smart application belongs to the Company that is carrying the risk or it is one of the insurance Related Professions. In the latter case, it is mandatory to declare the name of the company that is carrying the insured risks.
                    3. The Company or Related Profession ’s registration number with the Authority.
                    4. Contact details through phone and by electronic means.
                    5. An explanation on how to register a complaint so that procedures are clear.

                    2- The Company shall continuously update the data and information stipulated in Para (1) of this Article on its website or smart application.

                • Information Security and Integrity

                  • Article (9)

                    1- The company shall maintain the confidentiality of the Electronic Information obtained through the website, and shall not disclose this information to any other party except by judicial or security order. Accordingly, the company shall establish the necessary procedures and controls to maintain the confidentiality of information.

                    2- The Company and Related Professions shall ensure the security and integrity of the information provided through its website, through applying the measures and criteria determined by the competent authorities in the state, including storing data inside the State and in the cloud.

                    3- The commitments of the Company and Related Professions and persons responsible of such for maintaining the confidentiality of Electronic Information pursuant to this Regulation shall remain in force and indefinite.

                    4- The Company and Insurance-related Professions shall protect the confidentiality of personal data and shall not share it with third parties, except within the scope of the provisions specified in this resolution. Further, the Company and Insurance-related Professions shall not disturb customers when promoting products by SMS or frequent emails, unless with prior approval of the Customer for that.

                    5- establish different levels of supervision and control of the electronic insurance operations carried out through its website as follows:

                    A. Application of the minimum security measures and procedures to prevent the alteration of content of the fixed information displayed on the website by unauthorized individuals.

                    B. Taking security measures and procedures to protect the shared Electronic Information with customers or visitors of the website from alteration, theft or illegal usage.

                    C. Application of measures and procedures and provision of the latest technologies and programs to ensure the security of the payment transactions carried out through the company's website, by using payment systems that are adopted and licensed by the Central Bank of the United Arab Emirates for paying the amounts of issuing or renewing the insurance policy.

                    6- The department responsible for the website shall supervise the design, implementation, follow - up and update the security system of the Company’s website.

                    7- The Company and Insurance-Related Professions shall establish the necessary measures to deal with emergency cases or disasters. They shall also maintain backup copies of all data and Electronic Information displayed or obtained through their website and shall establish a clear mechanism for restoring the website systems in case of failure of one or more elements of the automated system of the website.

                    8- Insurance companies and Insurance-Related Professions shall take the necessary measures to prevent any viruses from accessing devices, networks, and databases through which the data of customers or visitors to the website may be leaked, whether such thing happened intentionally or unintentionally. They shall also take the necessary measures to not use any storage tools, disks, software, or networks containing viruses, whether such thing happened intentionally or unintentionally.

                • Duties of the Companies and Related Professions

                  • Article (10)

                    The Company and Related Professions shall make sure of the following:

                    1. Verify its website or smart application's capacity to expand and absorb any additions that may arise in the future, such as the capacity of the website to handle any increase in the number of users, and the absorption of additional electronic insurance operations resulting from selling insurance policies or receiving claims and handling complaints.
                    2. The website or smart application shall be made available for use on a 24 hours’ basis and throughout the year and the responsible department for the website shall supervise and ensure that. In the event that the website is subject to maintenance processes, these responsible departments shall ensure that maintenance period shall not exceed one working day as maximum. In case of failure to complete maintenance operations during this period, the company shall notify the Authority in writing of the reasons that led to the website failure and determine the expected period of time to reboot the website.
                    3. Ensure that the electronic content on the website does not fall under any of the prohibited content categories.
                    4. Ensure that the website does not violate any laws, regulations and legislation in force in the UAE.
                    5. Ensure the collection and processing of the sensitive data of users in a secure manner (Including: using SSL techniques / Encryption to prevent illegal collection of usernames, credit card information and bank information).
                    6. Ensure that servers and website systems are secure, the use of antivirus and malware software, and shall perform security audits according to the best practices of management and operations.
                • Pre-contract Phase

                  • Article (11)

                    1. The Company shall illustrate its website with a description of the nature of the products that the company sells and markets electronically, and with self-assessment tools which enable the Insurance Proposer to assess his insurance needs, and eventually enable him to make an informed decision to conclude the contract.
                    2. The Company is committed to draw the attention of the Insurance Proposer to the following information in a timely manner during the purchase process and before concluding the contract:
                      1. Nature of the product countering the insurance risk.
                      2. Main benefits of the product.
                      3. Options of the insurance product and the insurance coverage.
                      4. Exclusions of coverage and restriction of the product.
                      5. If there are waiting periods for specific covers.
                      6. Total premiums, VAT and any other expenses, in an accurate and clear manner.
                      7. Warning the Insurance Proposer of the consequences of providing incorrect data and information.
                      8. Showing the outcome of cancelling the contract, in particular the manner premium refunds are calculated.
                      9. Informing the Insurance Proposer about the importance of acquiring insurance consultancy from a licensed and registered Insurance Consultant.
                • Declarations of the Insurance Proposer

                  • Article (12)

                    The Company, through its website is committed to use "step by step" approach for the disclosure of essential individual information (rather than providing information in full) to ensure that the Insurance Proposer acknowledges and signs the same, and that he has read the essential information related to the insurance application, and that he comprehends and understands legal consequences of his declaration.

                • Outsourcing of Electronic Insurance Operations

                  • Article (13)

                    1. The Company and Insurance -Related Professions, after satisfying the procedures set forth in the Regulations herein- when outsourcing the electronic insurance operations to other party, outsourcing the development, management or maintenance of its website or outsourcing any other operations related to its website, shall develop a special provision in the Outsourcing Contract thereunder the other party shall commit to apply the provisions of the Regulations herein, the code of professional practice issued by the Insurance Authority, and other related legislation. The Company and Insurance-Related Professions shall remain accountable to the IA.
                    2. It is permissible to execute contracts through electronic automated means, including two or more electronic information systems that are prepared and programmed to do such in advance. The contracting shall be valid and has legal ground0s, even if no direct personal interference was done in the process of executing the contract between these systems.
                    3. It is permissible to enter into a contract through an electronic automated system in the possession of a Company and Related Professions and other party, provided the other party knows or is expected to know that the system will automatically handle entering and executing the contract.
                    4. The Company and Related Professions, that wish to sell their insurance products through a website owned by other party licensed for this purpose, shall obtain the prior approval of the Insurance Authority. The Company and Related Professions shall verify that the website of the other party meets the following conditions:
                       
                      1. If the other party's website is used to sell the insurance products of other companies, each insurance product must be clearly linked to the company providing it.
                      2. The website shall include all the information and data that need to be disclosed by the company, such as; the Company name, address, license status, classes of insurance activities, channels of communication with the Company.
                      3. The Website of the other party shall clarify the role of this party, its obligations towards customers such as the insured and whether this party is a broker or insurance agent licensed by the Insurance Authority or any other authority.
                • Advertising and Marketing

                  • Article (14)

                    The Company and Insurance-Related Professions or the party outsourced to perform the business related to the company’s website, when conducting advertisement and promotion of the electronic operations shall comply with the provisions of the code of professional practice, and must obtain the prior written approval of the Insurance Authority.

              • Chapter Four: Price Comparison Websites

                • Article (15)

                  1. Insurance Companies and Insurance-Related Professions are prohibited from dealing with Price Comparison Websites, except for Insurance Brokers.
                  2. In the event that the company deals with an Insurance Broker that deals with Price Comparison Websites, the company shall abide by the prices and coverage that appears on the Price Comparison Websites.
                     
                  3. When dealing with Price Comparison Websites, Insurance Brokers are obliged to do the following:
                    a. Not to deal with websites not registered with the Authority.
                    b. Providing the Authority with a copy of the agreement signed between the Insurance Broker and the owner of the Price Comparison Website, containing the terms and conditions, including not allowing them to issue or market any kind of insurance policies, and that the service provided by the website is to compare prices only and that the right to communicate with customers is limited to the Insurance Broker. The Insurance Broker shall also refrain from granting price comparison websites any authority to issue an insurance certificate. The agreement shall also indicate the amount of the allowance received by the Price Comparison Website which must be as a referral allowance in the form of a lump sum only.
                     
                  4. The Price Comparison Websites that handle insurance, for the purposes of registration, shall satisfy the following:
                    a. To be a company registered in the State according to the Commercial Companies Law or one of the financial free zones in the State.
                    b. Submit a registration application to the Authority in accordance with the approved regulations.
                    c. Providing the Authority with a copy of the agreement concluded with the Insurance Broker, provided that it includes referral fees for Price Comparison Websites provided that they are in the form of lump sums and it is prohibited to charge a commission for the services they provide.
                    d. To have one of the goals of the company in its memorandum of incorporation is to provide a service for comparing insurance premium rates.
                    e. Insofar as the issue relates to insurance, the company should not extend its work on anything other than providing premium comparison services.
                    f. Not to engage in the activity of the Insurance Agent, insurance Broker, or any other insurance-related professions, or carry out insurance underwriting operations or receive insurance premiums.
                    g. The Website clearly and explicitly and legibly included that the website only provides insurance policy price comparison services.
                    h. Refrain from maintaining, storing or copying any electronic data or information related to potential clients or clients and such information must be transferred electronically to the company in question without making copies thereof.
                    i. Submit an undertaking to the Authority to abide by Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and organization of Insurance Operations, the amendments thereof, its regulations, instructions, decisions and circulars issued pursuant thereto.
                    j. Designating an employee who is concerned with communicating with the Authority, and providing the Authority with his contact information and updating it periodically.
                     
                  5. Price Comparison Websites must apply to renew the registration annually, including the following: -
                    a. A list of the brokers contracted with during the year.
                    b. Any changes to the agreement concluded with the Broker.
                    c. A statement of the revenues generated by the Brokers.
                    d. A list of the insurance lines that are compared.
                    e. Any matters decided by the IA.
                     
                  6. Price Comparison Websites are prohibited from communicating with the customer, and communication shall only be made through an Insurance Broker.
                  7. The provisions of the Regulations herein shall be applied to Price Comparison Websites, to the extent that they are applied to them, and according to what is decided by the Authority in this regard.
                  8. In the event that any of the violations of the Price Comparison Websites are proven according to evidence available to the IA or the Competent Authorities, the IA may take any of the following measures and penalties:
                    a. Warning the Price Comparison Website to take appropriate measures to rectify its conditions during a specific period.
                    b. In the event that the conditions are not rectified within the specified period, the Price Comparison Website is prohibited from dealing with the Insurance Broker for a period not exceeding six months.
                    c. In the event of repeating the violation, the website shall be blocked for a temporary period in coordination with the Competent Authorities, or the website shall be completely blocked, according to the discretion of the IA.
              • Chapter Five: Selling and Marketing Insurance Policies

                • Identifying the Customer

                  • Article (16)

                    1. The Company and the Insurance Agent, prior to selling or issuing any insurance policy through its website, shall verify the identity of its customers and the documents submitted by them and develop the necessary procedures in this regard. The Insurance Broker shall comply with the aforementioned rules when issuing the insurance certificate.
                    2. The Company and the Insurance Agent shall apply what is included in the legislations of anti- money laundering, combating the financing of terrorism and financing illegal organizations crimes, and they must inform the Competent Authority in accordance with electronic regulations or other approved means for any suspected activities that take place through its website.
                    3. The Company, Insurance Related Professions and Insurance Agent shall maintain proper records of customers’ documents and identities obtained through its website for a period of at least 10 years.
                    4. The Company, Insurance-Related Professions and Insurance Agent shall establish an electronic account for each customer and shall develop the following procedures to protect the customer's account:
                    1. Change the password of the customer's account periodically.
                    2. Request to re-enter the password after lapse of a fixed period of inactivity.
                    3. Validate the customer's email address by sending a verification link (activation).
                    4. A unified policy approved by the company’s board of directors, which includes insuring the insurer has two factors upon logging in.
                • Rules of Selling the Insurance Policy

                  • Article (17)

                    1. The Company and Insurance Agent shall issue dated electronic insurance policies and the issued electronic version shall include all the contents of the policy, including the insurance application, policy terms, limits of coverage and the annexes. They shall provide the customer with a copy of the entire policy in all available ways and means. Additionally, they must provide the customer with a thorough electronic copy of the policy in (PDF) format, which shall be sent by e-mail or other electronic means as soon as they are issued. The commencement date of and expiry date of the insurance coverage shall be clearly stated in the policy. The Insurance Broker shall comply with the aforementioned rules when issuing the insurance certificate.
                    2. The Company and Insurance Agent shall enable the customer to view, print and download a complete electronic copy of the policy through his electronic account on the Company's website at any time. In the event that the format of the electronic policy requires the use of special software, the company shall provide the necessary software on its website.
                    3. The Company and Insurance Agent shall provide the customer at his request with a paper copy of the insurance policy issued electronically signed and stamped by the Company or any other document directly related to this policy through its branches or its agent’s branches, or by sending it by registered mail within a period not exceeding seven working days from the date of customer application.
                    4. The Company and Insurance Agent shall provide the Insurance Authority with the electronic websites addresses through which the insurance policies will be sold, or through the Agent or the Broker.
                • Payment of the Due Premiums

                  • Article (18)

                    The payment of electronic policies premiums may be paid by the applicable electronic means of payment, including direct debit from a bank account or credit card payment and other payment methods adopted by the Central Bank of the United Arab Emirates.

                • Post-sale Provisions - Services

                  • Article (19)

                    1. The Company and the Insurance Agent –as case may be - shall abide by all legislations in force related to the electronic operations in the State, when selling any insurance policy through its website. The Insurance Broker shall comply with the aforementioned rules when issuing the insurance certificate.
                    2. The Company, The Insurance Agent and the Insurance Broker shall develop clear procedures for the cancellation of the policy through their website.
                  • Article (20)

                    1. The Company and Insurance Agent shall communicate with the customer by using at least two means of communication preferred by the customer, such as; E -mail, registered mail, SMS and telephone.
                    2. The Company and Insurance-Related Professions, when sending notification or announcement to more than one customer by E - mail or any other means of communication, shall verify and ensure that the notification or announcement does not contain any personal information relating to any customer and in a way that prevents the recipients of the notification or announcement to identify the identity of any other recipient.
                    3. The Company, the Insurance Agent and the Insurance Broker, when issuing the insurance policy through their website, shall provide a special section for post sales services on the website, whereby the customer can perform any of the following operations:
                      A. Render any additional services related to the valid policy.
                      B. Demand to Make any amendments to the policy, such as; addition, renewal or cancellation.
                      C. Verify the status of the policy (valid, expired or cancelled).
                      D. Know the date of commencement of the insurance coverage, the expiry date, insurance amount and insurance policy number.
                      E. View the premiums schedule.
                      F. View the paid premiums, payment dates and amounts.
                       
                    4. The Company, the Insurance Agent and the Insurance Broker shall inform the customer one month at least before the expiry date of the insurance policy
                      to enable the customer to renew the policy or obtain insurance coverage from another company. The Customer shall be informed through all the available means of communication referred to in Para (1) of the Article herein.
                • Registering Complaints and Claims

                  • Article (21)

                    Without prejudice to the provisions of the Code of Professional Practice and the legislations in force, the Company, the Insurance Agent and the Insurance Broker shall provide through their website, all the information necessary to the customer or the third party (the injured third party) to lodge complaints and follow - up their status. The information shall include the following as a minimum:

                    1. Complaint/Claims Forms.
                    2. Contact details of the concerned department for receiving complaints in the Company, the Insurance Agent and the Insurance Broker.
                    3. Available communication channels to inquire about complaints (e¬mail, fax, phone, postal address).
                    4. A general description of complaints handling procedures, including the estimated time to address a complaint.
                    5. The Company and the Insurance Agent are obliged to provide a written response to the claim, whether by accepting the claim or part of it or rejecting the claim in full, with an explanation of the reason.
                    6. Contact information of Customer Happiness Department in the Insurance Authority.
                • Claims Handling

                  • Article (22)

                    1. The company shall provide electronic claim forms for submitting claims and uploading electronic copies of the claim documents. After accepting the electronic claim, the company shall provide the claimant with a reference number of his claim.

                    2. Before reimbursement of the claim submitted online, the Company may require the original claim documents from the claimant to match them and verify their validity.

              • Chapter Six: Final Provisions

                • Supervision and Inspection

                  • Article (23)

                    1. The Insurance Authority shall supervise and conduct periodical or challenge inspections in order to ensure compliance with the legislation issued by the Authority and to verify any irregularities resulting from the inspection or contained in the complaints received by the Authority.

                    2. The Insurance Authority may request all information and documents for the purposes of supervision and auditing.

                • Violations and Penalties

                  • Article (24)

                    1. If it was substantiated by evidence to the Authority and any other competent authorities, that the Company, Insurance Agent or Insurance Broker committed a violation, then the Authority may take one of the following actions and penalties:

                      a. Warning that appropriate measures shall be taken to rectify conditions within a specified period.

                      b. Suspend the electronic system for a period not exceeding six months in cooperation with the related Competent Authorities, and in case of repeating the violation, the period of suspension shall be doubled, and the public shall be notified of such by an announcement which shall be published by the Insurance Authority on its website or any other means.

                      c. In case of failure to rectify conditions within the specific period, a decision to cancel the approval granted shall be taken, and all Insurance Companies, Agents, Brokers and competent authorities shall be informed of the decision and the public shall be informed by an announcement published by the Insurance Authority on its website. d. In the event the approval granted is cancelled pursuant to the provision of the Article herein, the entity against which the decision was issued may not submit a new application for approval before the lapse of one year from the date of issuing the cancellation decision.
                    2. Websites that carry out insurance operations inside the State without obtaining a required license by the IA shall be blocked, in coordination with the Competent Authorities in the state.
                • Grievance

                  • Article (25)

                    The decision issued by the Authority according to Article (24) of the Regulations herein may be appealed within (20) days from the date of notification thereof. The appeal request shall be submitted to the IA’s Board of Directors to decide within (60) working days of submitting the complete request, and the decision of the Board on such appeal shall be final.

                • Final Provisions

                  • Article (26)

                    Insurance Companies and Insurance Related Professions registered by the Authority shall rectify their conditions pursuant to the provision of the Regulations herein within six months from their entry into force.

                  • Article (27)

                    The Director General shall issue the decisions and circulars necessary to implement the provisions of the Regulations herein.

                  • Article (28)

                    These Regulations shall be published in the Official Gazette and shall come into force as from the following day of its publication.

        • Code of Conduct

          • Insurance Authority Board Resolution No. 3 of 2010 Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies and Insurance-Related Professions Operating in the UAE

            IA-BOD-RES 3/2010 Effective from 21/3/2010

             

            This Resolution has been amended by the Insurance Authority Board of Directors Decision No. (40) of 2019. You are viewing the latest version. Please find the PDF of previous versions in the table below
            version 2 (consolidated as of 16/09/2019) 
            version 1 (effective from 21/03/2010) 

             

            • Article 1

              The following words and expressions shall have the meanings ascribed thereto below, unless the context otherwise requires:

              Ministry: The Ministry of Economy

              Minister: The Minister of Economy

              Law: The Federal Law No. 6 of 2007 Concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.

              IA: The Insurance Authority established pursuant to the Law.

              Board: The IA Board of Directors.

              Chairman: The Chairman of the IA Board.

              Director General: The IA Director General.

              Company: An insurance company incorporated in the State and a foreign insurance company licensed to operate in the State either through a branch or an insurance agent, including insurance-related professions where necessary.

              Insured: The person who entered into an insurance contract with the Company.

              Client: Any person to whom the Company offers its products and services.

              Insurance Agent: The person by approved the Company and authorized to carry out the insurance business on behalf of the Company or any branch thereof.

              Policy: The Policy entered into between the Insurer and the Insured which includes the terms of the contract between the parties thereto, their obligations and rights or the rights of the Beneficiary and any endorsement to such Policy.

              The Reinsurer Any Reinsurer incorporated in the State or any foreign Reinsurer licensed to perform reinsurance business in the State or any Reinsurer abroad.

              Insurance Broker: The person brokering in insurance or re-insurance transactions between any Insurer and Reinsurer, and receive commission for his/its fees from the Insurer or Reinsurer with which the insurance or re-insurance business is concluded.

              Insurance-Related Professions: Any person licensed by the Authority to practice any of the activities of Insurance Agent, Actuary, Insurance Broker, Surveyor & Loss Adjuster, Insurance Consultant or any other insurance-related profession that the Board decides to regulate.

              Beneficiary: The person who acquires rights pursuant to the insurance contract on commencement or such rights are transferred thereto in a legal manner.

              This article has been amended by the Insurance Authority Board of Directors Decision No. (40) of 2019. You are viewing the latest version. To view the previous version, click the version box below.
              Version 1(effective from 31/03/2010 to 16/09/2019)

               

              The following words and expressions shall have the meanings ascribed thereto below, unless the context otherwise requires:

              Ministry: The Ministry of Economy

              Minister: The Minister of Economy

              Law: The Federal Law No. 6 of 2007 Concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.

              IA: The Insurance Authority established pursuant to the Law.

              Board: The IA Board of Directors.

              Chairman: The Chairman of the IA Board.

              Director General: The IA Director General.

              Company: An insurance company incorporated in the UAE and a foreign insurance company licensed to operate in the State through a branch or an insurance agent.

              Insured: The person who entered into an insurance contract with the Company.

              Client: Any person to whom the Company offers its products and services.

              Insurance Agent: The person by approved the Company and authorized to carry out the insurance business on behalf of the Company or any branch thereof.

              Policy: The Policy entered into between the Insurer and the Insured which includes the terms of the contract between the parties thereto, their obligations and rights or the rights of the Beneficiary and any endorsement to such Policy.

              The Reinsurer Any Reinsurer incorporated in the State or any foreign Reinsurer licensed to perform reinsurance business in the State or any Reinsurer abroad.

              Insurance Broker: The person brokering in insurance or re-insurance transactions between any Insurer and Reinsurer, and receive commission for his/its fees from the Insurer or Reinsurer with which the insurance or re-insurance business is concluded.

              Beneficiary: The person who acquires rights pursuant to the insurance contract on commencement or such rights are transferred thereto in a legal manner.

               

              • Article 2 Scope of Application

                1. The provisions of these Instructions shall apply to all companies registered by the Insurance Authority and operating in the State and which are marketing their products and services, directly or indirectly, thought an insurance agent or insurance broker.
                2. The provisions of these Instructions shall apply to insurance-related professions licensed and registered by the Insurance Authority, to the extent appropriate to the nature of the business of each profession. 

                 

                This article has been amended by the Insurance Authority Board of Directors Decision No. (40) of 2019. You are viewing the latest version. To view the previous version, click the version box below.
                Version 1(effective from 31/03/2010 to 16/09/2019)

                 

                The provisions of these Instructions shall apply to all companies registered with the IA and operating in the State and which are marketing their products and services, directly or indirectly, thought an insurance agent or insurance broker.

                 

              • Article 3

                The Insurer shall comply with the following:

                1. Ensure that the business and acts performed by it and actions and decisions taken by it are consistent with the provisions of the applicable laws in the State, including the Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
                   
                2. Practice the business thereof in accordance with the principle of utmost good faith as one of the basic principles upon which the insurance business is based, and adopt the principle of disclosure and transparency when dealing in the insurance market, with Clients and relevant official bodies, particularly in all documents, instruments, commercials, advertisements, statements and researches issued by it.
                   
                3. Comply with the legitimate practices towards the insurance applicants, Insured and beneficiaries or towards other insurance companies.
                   
                4. Provide clear, accurate and truthful information in a sound legal language.
                   
                5. Provide the Clients with the appropriate information about the nature of the products and services provided by the Company as well as the insurance cover terms and limits offered to or required from the Client.
                   
                6. Not to reject the insurance proposition, not to abstain from renewing the Policy, and not to discriminate between the Insured with regard to insurance rates and the insurance terms and benefits of the insurance cover, unless such discrimination is based on technical or actuarial reasons or due to the Company's experience and expertise with the Client.
                   
                7. Achieve the common interest between itself and the related third parties in accordance with the legal provisions and regulations, instructions and decisions issued pursuant thereto as well as the contractual relations and what the proper insurance practice requires.
                   
                8. Not to deal with any person or entity from the professions associated with insurance that is not licensed by the IA including the business of agency, brokerage, consultation or expertise in claim settlement or actuarial expertise; and ensure that the aforesaid persons or entities have the required license.
                   
                9. Fully comply with the provisions of mandatory insurance policies issued by the IA in accordance with the laws and regulations, instructions and decisions issued thereunder.
                   
                10. Take the necessary actions to apply the regulations and the instructions related to anti-money laundering and combating financing of terrorism issued by the competent official authorities and the IA.
                   
                11. Execute the insurance policies and all the documents concerning the relationship with the Clients in the Arabic language. An accurate translation thereof to another language may be attached thereto, provided that it is subject to the principle of prevalence of the Arabic version if any cases of difference in interpretation.
                   
                12. The Company shall circulate these Instructions to its employees and shall explain as may be required for the proper application thereof; and shall develop internal professional code of conduct for the Company and circulate the same to its employees.
              • Article 4 Provision of Insurance Products and Services

                When providing its products and services to the Clients, the Company shall comply with the following:

                1. Accurately and timely reply to Clients' inquiries as expected from a company that practices a specialized profession in a proficient and professional manner.
                   
                2. Issue insurance policies and endorsements thereof as well as any amendments that may occur thereon after the agreement of the two parties and as soon as possible without any delay.
                   
                3. Educate the Insured with ways and methods to avoid accidents or mitigate their impacts.
                   
                4. Provide and make available all documents and information which the Insured or the Beneficiary is entitled to obtain upon request, and especially upon the expiry of the insurance term or termination of the insurance contract for any reason whatsoever.
                   
                5. Provide the Client with the accurate technical statistics on the results of its dealing with the insurance company during the past period upon request.
              • Article 5 Pricing

                In pricing its insurance products offered to the Clients, the Company shall comply with the following:

                1. Full compliance with the generally accepted technical rules in insurance transactions when pricing the risks to be Insured.
                   
                2. Not to add any excessive surcharges to the net premium or offer prices lower than the technical level, which may put the Company's financial position at risk and consequently exposing the Insured's interest to loss, which also constitute uncontrolled competition in the insurance market.
                   
                3. Provide a complete statement of the price offered to the Client, so as to disclose any fees that may be incorporated in the offered price or that the Client will be required to pay in addition to the said price.
                   
                4. Abide by the insurance prices set forth by the IA in mandatory insurances required in accordance with the laws and regulation, instructions and decisions issued thereunder.
                   
                5. Inform the IA of the prices which the Company intends to apply enclosing a detailed statement of the technical and actuarial basis upon which the Company has determined such prices within a period of no less thirty days prior to implementing such prices, enclosing:
                  1. Statistical data related to the settled and outstanding claims used as a basis of calculation.
                  2. Detailed information about the significant losses incurred in the relevant insurance class and frequency thereof.
              • Article 6 Application for Insurance

                When designing the insurance application form, the Company must observe the following:

                1. Questions to be incorporated in the insurance application form shall be drafted in a clear and understandable language. The form shall include guidelines to show how to answer these questions.
                   
                2. The application form shall contain, inter alia, questions relating material facts that are particularly important for the Company in accepting the insurance cover of the risk, in setting the terms and conditions related to the cover or in pricing.
                   
                3. The form shall also incorporate a warning regarding the legal consequences and effects on the Insured rights as a result of not providing the information or providing false, inaccurate and untrue information.
                   
                4. The questions are supposed to be specifically relevant to the Insured Interest, the relation of the applicant therewith, the insurance interest and information related to the previous experience of the Client regarding the Insured Interest, particularly the past accidents.
                   
                5. Information may not be incorporated in the application form by any employees of the insurance company. The form shall further contain a statement indicating that the provided information has been inserted by or to the knowledge of the applicant and that the signature affixed thereon is the signature of the applicant or his legal representative.
                   
                6. The form shall incorporate a recommendation to the applicant to keep the documents and his/her correspondence with the Company.
                   
                7. The Company shall provide the applicant with a copy of submitted insurance application to keep it.
              • Article 7 The Policy

                In arranging a Policy, the Company shall comply with the following:

                1. Use a clear legal and technical language for the Insured, subject to accuracy in setting forth the conditions to avoid misunderstanding by third parties.
                   
                2. The Policy shall be clearly printed in a legible font, particularly to observe the following when printing the Policy:
                   
                  1. Each conditions pertaining to any event that may lead to the nullification of the contract or the lapse of the Insured's right shall be printed in conspicuous style (i.e. in a different font or different color).
                     
                  2. The Arbitration Clause shall be printed as a special agreement separate from the general terms and conditions incorporated in the Policy.
                     
                3. The Policy must contain all terms and conditions governing the contractual relationship. The Policy shall be bound firmly to prevent the removal of any page therefrom or else clearly show if a page is removed. The number of pages shall be show in the body of the Policy and endorsements.
                   
                4. Describe the subject matter insured and accurately determine the Sum Insured and scope of the coverage to avoid any confusion to the other parties.
                   
                5. Explain the procedures that the Insured or the Beneficiary shall follow in the event the insured risk has occurred to receive the entitled compensation; and accurately define the deductible amount, co-insurance rate, or franchise.
                   
                6. The Policy (of non-compulsory insurance) may incorporate an arbitration clause as a means to settle any dispute arising between the parties subject to the provision of clause (2) above.
                   
                7. The Policy can incorporate a termination clause if the Insured failed to pay the premium. Such clause shall be written in a conspicuous manner as stated in clause (2) above.
                   
                8. Life insurance policies or unit-linked fund formation policies must include a statement of the Company's obligations to regularly inform the Client of the investment position specific to this kind of insurance.
                   
                9. Provide the Insured with a copy of the Policy, endorsements and amendments thereto as soon as possible after agreement thereupon.
                   
                10. Develop an appropriate mechanism for the procedures of issuing policies within the Company, whereby a policy is issued pursuant to the agreement between the parties.
                   
                11. The Policy shall stipulate that no amendment to any clause therein is valid unless the parties so agree.
              • Article 8 Renewal of the Policy

                On renewal of a Policy, the Company shall comply with the following:

                1. When issuing a Policy, inform the Client that the Policy is not automatically renewed on its expiry date (unless it is so agreed by the parties). To this effect, the Insured shall submit an application for the Policy renewal.
                   
                2. At appropriate and reasonable time prior to the expiry of the insurance term, send a notification to the Insured on the approaching expiry of the insurance term, asking whether he/she wishes to renew the Policy.
                   
                3. Incorporate in the renewal notification an alert to the Insured that it is necessary to disclose any information related to material facts mentioned in Clause (2) of Article (6) of these Instructions or any change in the information previously provided that would influence the Company's decision regarding the continuation to accept the risk cover, conditions or prices previously determined, whether such change has occurred after the Policy commencement date or after the last renewal thereof; whichever occurs later.
              • Article 9 Claim Procedures

                When processing a claim submitted thereto by a Client, the Company shall comply with the following:

                1. Set a mechanism for processing claims submitted thereto, including:
                   
                  1. Preparing claim forms according to the respective type and class of insurance to be provided free of charge to the Insured or the Beneficiary. Such forms shall be written in a clear language and shall define the information required to be provided by the Insured or the Beneficiary.
                     
                  2. Defining the documents that should be submitted for the examination and settlement of the claims.
                     
                  3. Specifying an appropriate period of time for the settlement of the submitted claims.
                     
                2. Settle the claims without undue delay in accordance with the provisions of the law and the terms and conditions of the Policy.
                   
                3. Inform the Insured or Beneficiary of the progress in the examination of the claim and the date of issuing a decision thereon whenever anyone of them so requested.
                   
                4. Notify the Insured or Beneficiary when the examination of the claim is completed, whether by approval or disapproval, within 15 days as of the date of receipt of the complete documents. If there is any reason requiring a longer period, the Company shall notify the Client of such period with the reasons thereof.
                   
                5. The Company shall pay to the Insured or Beneficiary the payable amount without delay in case the claim was approved and the parties agreed on such amount. Accordingly, the Insured or the Beneficiary shall sign a document to discharge the Company, a subrogation or a transfer of rights (if reasonable required) when the amount of indemnity is paid.
                   
                6. If the Company rejects a claim, in total or in part, it shall inform the compensation requester about the reasons for such rejection in writing. The reason for rejection may not be in general and inaccurate expressions. In addition, a rejection may not be simply due to failure by the compensation requester to carry out certain procedures or provide certain data, unless such procedures or data are necessary to verify the accident and its causes, or the size of damage it has caused, or are required to enable the Company to exercise its legally established right of recourse.
                   
                7. Subject to the condition of the Policy, the Company may take, on its own initiative, action to repair or replace property of the Insured as soon as possible, provided that such action is consistent with its obligations.
                   
                8. In case of multiple items of the claim where the dispute is related only to some of them, the Insured or Beneficiary may claim compensation related to the items agreed thereupon under the final settlement.
                   
                9. The Company shall maintain a special file for each claim where all relevant correspondence, reports and documents are kept for reference in performing the control or audit task.
              • Article 10 Complaint Register

                1. The Company shall maintain a register for complaints received from its Clients; where the complaint’s date of submission, serial number, name of complainant, relevant policy number and summary of the subject thereof, and supporting documents attached thereto are recorded.
                   
                2. The Company shall create a file for each complaint, where all relevant papers and documents are kept. The Company shall investigate and decide on each complaint within 15 days as of the date of its submission and completion of requirements thereof. The decision is then issued, either approving or disapproving the complaint, and the Company shall state the summary of its decision in the Complaint Register.
                   
                3. IA inspectors shall have access to the Complaint Register to verify information recorded therein. They shall also have the right to review the file of any complaint that has been settled to verify the reasons on which the Company has based its decision.
                   
                4. The Insured, the Beneficiary or any concerned party may appeal to the IA in case the complaint thereof is rejected.
              • Article 11 Publicity and Advertisement

                When issuing an advertisement, publication, statement or declaration targeting the public or any segment thereof directly or indirectly, the Company shall adhere to honesty, truth and objectivity including:

                1. Prior to publishing an advertisement in the media or through direct communication with the Clients with respect to a certain insurance policy or scheme, the Company shall forward such Policy or scheme to the IA. Where a legal violation or a deviation form technical rules is ascertained, the IA may request the Company to make the required amendment.

                  IA approval or non-objection to the terms and conditions will not affect the rights and obligations of any party to a contractual arrangement, and shall not be used as evidence before the Judiciary to prove the legality of any party's position.
                   
                2. The information provided to the public must be accurate, factual and consistent with the law and technical rules.
                   
                3. In case the information includes statistical figures, such figures must be accurate and presented in a sound technical manner along with the sources thereof. If derived from a certain source, such source shall be indicated.
                   
                4. The advertisement or publication may not include any untrue promises or create a impression of benefits and advantages that are incompatible with the reality.
                   
                5. If the advertisement or publication contains special prices of the coverage, such prices must be clear, with as statement whether they are inclusive or exclusive of duties and taxes, if any.
                   
                6. The advertisement or publication must be compatible, in content, with the content of the Policy scheduled to be offered in the market.
                   
                7. The advertisement or publication may not contain any false information concerning the financial position of the Company providing an inaccurate impression to the Clients.
              • Article 12 Advertising Persons and Fund Accumulation Insurance Policies

                In its advertisements and publications relating to insurance policies for persons and fund accumulation, the Company shall comply with the following:

                1. Not to provide false information with respect to obtaining loans or arranging mortgages backed by the Policy.
                   
                2. Not to use ambiguous phrases or assigning names, titles or descriptions to policies that would give the public a misleading and unreal impression whether about the benefits the Policy offers, the scope of coverage or the specific premium.
                   
                3. Fully disclose any terms contained in the Policy that would restrict or reduce the nominal value entitled under the Policy.
                   
                4. Not to include in the advertisement any exaggerated information about profit sharing, interests or eligibility to a share of the surplus.
                   
                5. The advertisement draft should not include any unfair or inaccurate comparison between the benefits offered by the advertised Policy and those offered by policies of other companies, or that may constitute a tort to the position of competitors.
                   
                6. Not to include in an advertisement about a Policy ant reference that may identify such Policy as a special offer; or may indicate that the holder thereof will enjoy unspecific benefits later on; or that the offer is available for a group of irrelevant individuals, applicable only to a specific number of policies or valid only for a specific period of time, after which the provision of the advertised Policy is stopped, unless it is the actual reality.
                   
                7. Focus in the advertisement on insurance advantages and avoid exaggeration in listing the investment advantages that may or may not be achieved in the future.
              • Article 13 Dealing with the IA and Official Agencies

                When dealing with the IA and other official agencies, the Company is required to observe the following:

                1. Deal with transparency and professionalism.
                   
                2. Provide any data or information required by the Director General concerning insurance applications rejected by the Company or policies it has declined to renew, along with a statement of the reasons of such rejection or non-renewal. The Company shall reply to inquiries by the IA regarding any complaint submitted to and notified to the Company within an appropriate period to be set by the IA.
                • Article 14 Settlement of Disputes between Companies and Payment of Balances

                  The payment of undisputed balances among the companies is required for the good conduct of transactions in the insurance market.

                  The companies must settle all disputes arising among them by bilateral amicable methods or through the Emirates Insurance Association, if the parties so agree, prior to resorting to courts.

                • Article 15

                  These Instructions shall replace the Rules for Insurance Companies’ Transactions in the UAE Insurance Market issued under the Ministerial Resolution No. 296 of 2004 by HE the Minister of Economy.

                • Article 16

                  These Instructions shall be published in the Official Gazette, and shall take effect after the elapse of three months from the date of publication thereof.

        • Enforcement

          • Insurance Authority Board of Directors Resolution No. ( 12 ) of 2016 Concerning the Elapse of the Impact of the Disciplinary Sanctions Imposed on Insurance-Related Professions

            Effective from 20/4/2016

            The Board of Directors of the Insurance Authority, having perused:

            - The Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations, as amended;

            - The Board of Directors Resolution No. (2) of 2009 regarding issuing the Implementing Regulations of the Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations;

            - The regulations, instructions and decisions relating to insurance-related professions; and

            - Based on the recommendation of the Director General of the Authority, and the approval of the Board of Directors,

            Has resolved:

            • Insurance Authority (IA) Board of Directors’ Resolution No. (25) of 2020 Concerning the Grievance Procedures Against the Administrative Fines Imposed by the Authority

              Effective from 18/11/2020

              Chairman of the Insurance Authority,

              Having pursued:

              - The Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations, its amendments and its Executive Regulation;

              - Federal Law No. (14) of 2016 on Violations and Administrative Penalties in the Federal Government;

              - Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organisations;

              - Cabinet Resolution No. (7) of 2019 Concerning the Administrative Fines Imposed by the Insurance Authority;

              - And, based on the recommendation of the Insurance Authority Director General and the approval of the Board of Directors,

              Has resolved:

              • Article (1)

                Without prejudice to any penalty prescribed by any applicable legislation, the impact of the disciplinary penalty imposed on any person practicing any insurance related-profession and / or an employee thereof shall elapse according to the specific periods for each of the following sanctions:

                1. The impact of the warning (notification) shall elapse after the lapse of 60 days of regularization of the conditions.
                   
                2. The impact of suspension shall elapse after the lapse of (180) days from the issue date of the decision to lift the suspension.
                • Article (1)

                  1. Any interested party may file a grievance to the Insurance Authority Board of Directors against the decision of the administrative fine imposed by the Authority within a period not exceeding (15) days from the date of notification of the decision appealed against.
                  2. The grievance must be justified and contain all the reasons, justifications, documents and data supporting it at the time of submission.
                  3. The grievance application shall be submitted by the Director General to the Board at the closest session to be convened as from the date of grievance submission.
                  4. The Board shall study the submitted grievance and issues its decision either to reject the grievance, accept the grievance and amend the fine, or accept the grievance and cancel the fine within 60 days from the date of its submission.
                  5. The Authority shall notify the complainant of the Board’s decision and follows up on its implementation.
                • Article (2)

                  Any provisions that contradict with the provisions of this resolution shall not take effect.

                  • Article (2)

                    The Director General shall issue the decisions, circulars and forms necessary to implement the provisions of this resolution.

                  • Article (3)

                    The Director General of the Authority shall issue the necessary decisions and circulars to implement the provisions of these Instructions.

                    • Article (3)

                      This resolution shall be published in the Official Gazette, and its provisions shall take effect as from the day following the date of its issuance.

                    • Article (4)

                      This Resolution shall be published in the Official Gazette and shall be effective immediately upon issuance.

        • Regulatory Reporting

          • Insurance Authority’s Broad of Directors’ Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, Information & Supervisory Reports

            Effective from 30/4/2020

            The Chairman of the Board of Directors of the Insurance Authority,

            1. - Raving reviewed Federal Law No. (6) of 2007 Concerning Establishment of the Insurance Authority and Organization of the Insurance Operations and its Executive Regulations.
            2. - Federal Decree No. (20) of 2018 Concerning Anti Money-Laundering and Terrorist Financing and Financing of Illicit Organizations.
            3. - Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of the Federal Decree No. (2) of 2018 Concerning Anti Money-Laundering and Terrorist Financing and Financing of Illicit Organizations.
            4. - Cabinet Resolution No. (20) of 2019 Concerning Executive Regulations for Terrorist Lists and applying United Nations Resolutions concerning Preventing and Suppressing Terrorism and its Funding and Preventing Arming and its funding and the Related Decisions,

            And based on the proposal of the Director General of the Insurance Authority and approval of the

            Board of Directors of the Authority,

            Has resolved:

            • Insurance Authority Board of Directors' Resolution No. (20) of 2020 Concerning the Extension of the Periods Granted to Insurance Companies to Submit the Specified Financial Data and Reports Statement and giving the Director General the Authority to Extend

              Effective from 13/5/2020

              The Chairman of the Board of Directors of the Insurance Authority,

              Having pursued,

              - The Federal Law No.)6( of 2007 on Establishment of the Insurance Authority & Organization of Insurance Operations, the amendments thereof and its Executive Regulation;

              - The Insurance Authority Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies;

              - The Insurance Authority Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies;

              - The legislations, regulations, instructions and enforceable decisions issued by the IA;

              - And, based on the recommendation of the Director General of the Insurance Authority and the approval of the Board of Directors,

              Has resolved,

              • Article (1)

                This Decision is applicable to all Insurance Companies established in the State and all Branches of foreign Insurance Companies licensed to operate in the State through a Branch or through an Insurance Agent, and Insurance Related Professions, in the context applicable to their nature.

                The Guidance Manual and the forms attached to this decision shall form an integral part thereof.

                • Article (1)

                  The periods granted in the Insurance Authority Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and the Insurance Authority Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies for submitting quarterly financial statements and any annual or quarterly reports or statements required by the Authority shall be extended for additional (45) days ending by 30/06/2020.

                • Article (2)

                  Insurance Companies and Related Professions are committed to submitting the data, information and reports during the period of time specified by the Director General, and using the electronic means adopted by the Insurance Authority.

                  • Article (2)

                    The Director General the Authority shall be authorized to issue decisions and circulars necessary to extend the periods prescribed to submit the financial statements and any other reports, statements, information ,or forms required by the Authority from insurance companies and insurance-related professions under the legislations in force.

                  • Article (3)

                    The Director General shall issue the decisions and circulars to apply this Decision.

                    • Article (3)

                      The Director General shall issue the decisions and circulars necessary to implement the provisions of the Decision herein.

                    • Article (4)

                      This Decision shall be published in the Official Gazette, and shall come into force after three months of its publication.
                       

                      • Article (4)

                        The provisions of this decision shall come into force as from the date of its issuance.

                      • Internal Audit Report

                        • Form Number (1)

                          Internal Audit report for “name of insurance company “

                          Period of review: Timeframe of the review

                          Date of Final Report: Date of submission to the Mgt.

                          Name of Auditors Names of auditors involved

                           

                          1- Executive Summary This section should contain the following

                          • A brief background;
                          • Objective and the scope of audit engagement;
                          • Methodology;
                          • Key findings;
                          • Opinion;
                          • Recommendations;
                          • Limitations

                          2- Background This section should contain the following;

                          • A brief background on the auditee;
                          • Brief description of duties/functions of auditee;

                          3- Objective and Scope

                          • Elaborate on the objective and scope of audit engagement and period covered by the current audit.

                          4- Methodology

                          • This section should explain the methodology adopted to conduct internal audit vis-à-vis interview, observation, sampling, sample size and others used for test checking records, number of records checked, type of records checked.

                          5- Recommendations

                          • This section will contain general recommendations if any that could not be covered as part of recommendations in the specific audit observations.

                          6- Conclusion

                          • This section should constitute the auditors’ overall opinion about the functioning of the auditee unit with respect the overall objective of the audit engagement.
                          • The strength of the auditee agency may be highlighted in this section along the areas needing attention and corrective action.

                          7- References

                          1. This section should list all publish or unpublished materials used and referred in coming with the Internal Audit Report.

                          8- Limitations

                          • Describe all your limitations in here. The limitations can be related to scope of the audit, methodology adopted, adequacy of the samples and adaptation of standards.
                        • Form Number (2)

                          Internal Audit Report

                          FINDING

                          POTENTIAL EFFECT

                          RECOMMENDATION

                          PRIORITY *

                          MANAGEMENT RESPONSE

                          TARGET DATE

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           

                           


                          Priority ratings have been assigned to issues raised in this report as follows:

                                                       *PRIORITY OF INDIVIDUAL RECOMMENDATIONS

                          Extreme Priority.

                          Internal Audit considers the implementation of this recommendation to be fundamental to the proper working of the system. It should normally be carried out within 1 month of the report’s issue

                          HIGH

                          Internal Audit considers the implementation of this recommendation to be important to the proper functioning of the system. It should be carried out normally within 3 months of the report’s issue.

                          MEDIUM

                          Internal Audit considers that it would be aided or improved by its implementation. It should normally be carried out normally within 6 months of the report’s issue.

                          LOW

                          The system’s effective operation may not depend upon this recommendation, but Internal Audit considers that it would be aided or improved by its implementation. It should normally be carried out normally more than 6 months of the report’s issue.

                           

                        • Form Number (3)

                           

                          Risk Assessment as of [DATE]

                          Identified Risks and Schemes

                          Likelihood

                          Significance

                          Risk Rating

                          Controls Effectiveness Assessment

                          Residual Risks

                          Risk Response (List an action plan on how each residual risk will be mitigated)

                          Insurance risk

                           

                           

                           

                           

                           

                           

                          Credit risk

                           

                           

                           

                           

                           

                           

                          Market risk

                           

                           

                           

                           

                           

                           

                          Operational risk

                           

                           

                           

                           

                           

                           

                          Regulatory risk

                           

                           

                           

                           

                           

                           

                          Contagion and related party risk

                           

                           

                           

                           

                           

                           

                          Financial crime risk

                           

                           

                           

                           

                           

                           

                          Cyber risk

                           

                           

                           

                           

                           

                           

                          Strategic risk

                           

                           

                           

                           

                           

                           

                          Regulatory Risk

                           

                           

                           

                           

                           

                           

                           

                          Likelihood

                          Rating

                          Based on Annual Frequency

                          Based on Annual Probability of Occurrence

                          Descriptor

                          Definition

                          Descriptor

                          Definition

                          5

                          Very frequent

                          More than twenty times per year

                          Almost certain

                          >90% chance of occurrence

                          4

                          Frequent

                          Six to twenty times per year

                          Likely

                          65% to 90% chance of occurrence

                          3

                          Reasonably frequent

                          Two to five times per year

                          Reasonably possible

                          35% to 65% chance of occurrence

                          2

                          Occasional

                          Once per year

                          Unlikely

                          10% to 35% chance of occurrence

                          1

                          Rare

                          Less than once per year

                          Remote

                          < 10% chance of occurrence

                           

                          Significance

                          Rating

                          Descriptor

                          5

                          Catastrophic

                          4

                          Major

                          3

                          Moderate

                          2

                          Minor

                          1

                          Incidental

                           

                          Control Effectiveness

                          Control Risk Rating

                          Description

                          5

                          Very effective (reduces 81-100% of the risk)

                          4

                          Effective (reduces 61-80% of the risk)

                          3

                          Moderately effective (reduces 41-60% of the risk)

                          2

                          Marginally effective (reduces 21-40% of the risk)

                          1

                          Not effective (reduces 0-20% of the risk)

                           

                          OVERALL ASSURANCE

                          FULL " Very effective"

                          Full assurance that the system of internal control is designed to meet the organisation's objectives and controls are consistently applied in all the areas reviewed

                          SIGNIFICANT " Effective"

                          Significant assurance that there is a generally sound system of control designed to meet the organisation's objectives. However, some weakness in the design or inconsistent application of controls put the achievement of particular objectives at risk.

                          LIMITED " Moderately effective"

                          Limited assurance as generally moderate sound system in the design or inconsistent application of controls put the achievement of the organisation's objectives at risk in the areas reviewed.

                          Very LIMITED " Marginally effective"

                          Limited assurance as weaknesses in the design or inconsistent application of controls put the achievement of the organisation's objectives at risk in the areas reviewed.

                          NO ASSURANCE

                          No assurance as weaknesses in control or consistent non-compliance with key controls could result (have resulted) in failure to achieve the organisation's objectives in the areas reviewed.

                           

                          Residual Risks for individual findings

                          High

                          Active management attention required as a high priority. Controls are not adequate to address the associated risk.

                          Medium

                          Active management attention required as a moderate priority. Controls are not adequate to address the associated risk.

                          Low

                          Active management attention not required on priority. Controls are more or less adequate to address the associated risk.

                        • Form Number (4)

                          Internal Audit Report

                          Controls

                          Finding

                          Potential effect

                          Recommendation

                          Priority

                          Management response

                          Target date

                          Effectiveness From (1-5)

                          AML/CFT systems

                           

                           

                           

                           

                           

                           

                           

                          Policies and procedures

                           

                           

                           

                           

                           

                           

                           

                          Risk-Based Approach ("RBA")

                           

                           

                           

                           

                           

                           

                           

                          Customer Due Diligence – CDD

                           

                           

                           

                           

                           

                           

                           

                          Suspicious Transaction reports

                           

                           

                           

                           

                           

                           

                           

                          Record Keeping

                           

                           

                           

                           

                           

                           

                           

                          Training

                           

                           

                           

                           

                           

                           

                           

                          AML Officer, Compliance Officer

                           

                           

                           

                           

                           

                           

                           

                          Ongoing monitoring

                           

                           

                           

                           

                           

                           

                           

                          Enhanced Due Diligence ("EDD")

                           

                           

                           

                           

                           

                           

                           

                          ETC….

                           

                           

                           

                           

                           

                           

                           

                        • Form Number (5)

                           

                          External Audit Report

                           

                          Procedures

                          FINDING

                          Effectiveness From (1-5)

                          Risk-Based Approach ("RBA")

                           

                           

                          Customer Due Diligence - CDD

                           

                           

                          Suspicious Transaction reports

                           

                           

                          Record Keeping

                           

                           

                          Training

                           

                           

                          AML Officer , Compliance Officer

                           

                           

                          Ongoing monitoring

                           

                           

                          Enhanced Due Diligence ("EDD")

                           

                           

                          ETC….

                           

                           

                           

                           

                           

            • A Guide to the Regulatory Information, Data and Reports to be Provided by the Insurance Companies and Insurance-Related Professions

              Effective from 30/4/2020
              • First: Introduction

                The procedures and operations of the internal control, compliance and risk management have developed from the traditional to the modern methods emanating from the global professional associations, which laid down the international standards of the internal control, compliance, risk management operations in terms of planning and undertaking such activates, so that those in charge of these operations would focus on the riskiest fields.

                The task of those employees can be summed up in ensuring that the operations, actions and procedures of the company in certain fields of the insurance industry are in line with the provisions in the State-enacted laws and, in particular, the laws, regulations, instructions and decisions of the Insurance Authority.

                The Authority assures that the higher management has the responsibility for taking all necessary actions that would ensure objective and professional work performed by the staff of the Internal Control, Compliance and Risk Management Departments, especially in relation to providing the information and data and facilitating their work. The Authority also emphasizes that the staff should necessarily perform their work with high professionality and objectivity free from any interest or pressure that would impact the integrity and impartiality of their reports.

                General Provisions:

                1. The insurance companies and the insurance-related professionals shall take due diligence to effectively regulate and control their affairs taking into consideration the nature, size, complexity and diversity of their operations and the risks faced by them. They must have suitable procedures and controls on the risk management.
                2. The insurance companies must establish and maintain a governance framework stipulating that:
                  1. The responsibilities shall be distributed among the board directors, highermanagement and officers of the regulatory positions.
                  2. The regulatory tasks shall be separated from the responsibilities of themanagement.
                  3. The operations and affairs of the company shall be adequately monitored andcontrolled by the managers and the higher management.
                  4. Such strategies, policies, procedures and controls shall be established andmaintained including the internal controls in commensuration with the nature,size and complexity of the operations and risk profile of the company.
                3. They shall ensure that their policies, procedures and controls are regularly reviewed and updated as required.
                4. The insurance companies shall create and maintain the internal control jobs as follows:
                  1. Risk management,
                  2. Compliance which includes combating financial crimes, anti -moneylaundering and countering terrorism financing, and
                  3. Internal audit.
                  4. The insurance companies can combine more than one of the internal controljobs above by performing them through the internal control staff. It should beemphasized that the combating of the financial crimes shall be carried on by aseparate and specialized employee in this task.
                5. The insurance-related professions shall create and maintain the internal controljobs as follows:
                  1. Risk management,
                  2. Compliance which includes combating financial crimes, anti -moneylaundering and countering terrorism financing,
                  3. Internal audit, and
                  4. The other jobs as they hold suitable for the nature, size and complexity of theinsurance operations.
                6. The operating insurance brokerage companies can authorize the internalcontroller who is registered with the Insurance Authority to perform all aforesaidinternal control tasks till other directives will be issued by the Authority.
              • Second: Information Update

                1. The insurance companies and the insurance-related professionals shall work on updating the information and data of the company in the electronic-systems of the Insurance Authority.
                2. The company shall authorize whoever it holds suitable of its staff for periodically updating this data in accordance with the periods in the regulations, instructions and decisions on updating its information in the IA registers.
                3. Some of the data and information shall be subject to the approval of the Insurance Authority in accordance with the requirements for necessarily applying Resolution No 15 of 2014 of the Board of the Insurance Authority on the Data and Information in the Register of the Insurance Companies and the Insurance-Related Professions.
                4. The management and the internal control staff in the insurance companies and the insurance-related professions shall review and update the procedures of the company for updating its information and providing the data and reports on a quarterly basis.
                5. The insurance companies and the insurance-related professions shall periodically review and update the following information according to the company’s business nature as appropriate including for example without limitation:
                  1. General information about the company
                  2. The information in the enrollment and licensing records on which thecompany is registered
                  3. The information about the chairman and the directors of the board of the company
                  4. The information about the principal officers of the company
                  5. The information about the staff of the company
                  6. The information about the nationals working in the company and the
                    information about the Emiratisation in terms of the training and compliance ofthe board of directors
                  7. The information about the branches of the company
                  8. The financial information about the capital, rating, deposits and bank guarantees of the company
                  9. The information about the certified external auditor and actuary of the company
                  10. The information about the major shareholders as per the shareholdings to be disclosed in accordance with the legislations in force
                  11. The name of the members of the governance committee in the company.
                  12. Information about the Compliance Officers.
              • Third: The Disclosures of the Insurance Companies and the Insurance-Related Professionals:

                1. The insurance companies and the insurance-related professionals shall provide the interim and annual financial and technical statements and reports according to the provisions of Federal Law No 6 of 2007 on the Establishment of the Insurance Authority and the Regulation of its Operations as amended and the regulations, instruction, decisions and circulars issued thereunder.
                2. The insurance companies and the insurance-related professionals shall as far as applicable to the nature of their operations and their legal forms as appropriate inform and provide the Authority with:
                  1. The convocation of the ordinary and extraordinary general meetings of the Company at least 15 days prior to the date of the general meeting.
                  2. The minutes of the general assembly within 7 days as of the date of the general meeting.
                  3. The dates and timings of the board meetings of the company in which this board will discuss decisions of the company which would affect the policy holders and beneficiaries such as the dividends, bonus shares, capital increase or reduction and the approval for new investment policies at least 2days prior to the date of the meetings provided that they shall present there solutions carried in this regard after the approval of the board immediately once they are carried.
                3. The insurance companies and the insurance-related professionals shall inform and provide the Authority with:
                  1. All information and data provided by the company to any other regulatory authority and any data or information received by the company from such authorities within 2 working days.
                  2. The changes in the company’s administrative structure at the level of the board and the executive management.
                  3. All or any substantial developments in the company at the level of the board and the executive management that would affect the financial conditions or the policyholders or beneficiaries once they occur such as the catastrophes, fire, merger, issuance of new securities, suspension of one of the production lines, voluntary liquidation and the cases filed by or against the company that would affect its financial position and expose it to serious loss whereby its chairman or the general manager must immediately inform the Director General within one business day.
                4. The insurance companies shall provide the Authority with the approved forms of the insurance documents and their annexes according to Administrative Decision No 140 of 2019 on the Exclusion of Certain Insurance Documents from the Requirement of Being Drawn up in Arabic.
                5. The insurance companies and the insurance-related professionals shall provide all required data and statistics in accordance with the Authority-set periods.
              • Fourth: Reports on Governance and Adherence

                The Self-Assessment Form and the Annual Report on Governance

                1. The insurance companies and the insurance-related professionals shall as far as applicable to the nature of their operations and their legal forms as appropriate provide the Authority with a self-assessment of the governance procedures of the company in the intended completed e-form when the annual financial statements and reports are presented.
                2. The insurance companies shall provide the Insurance Authority with a copy of the annual governance report filed by it every year when it presents its governance self-assessment form.
                3. The governance self-assessment form shall comprise the following cornerstones:
                  1. The rights of the shareholders and policyholders
                  2. The general assembly.
                  3. Related party transactions.
                  4. Disclosure and transparency.
                  5. Internal audit.
                  6. Board committees.
                  7. Training.
                  8. Internal controls.
                  9. Any other matters as held necessary by the Authority.

                Risk and Adherence Self-Assessment Forms

                1. The insurance companies and the insurance-related professionals shall fill in their risk and compliance self-assessments in accordance with the Authority-fixed periods in this regard in the intended e-form.
                2. The risk and adherence self-assessment form shall comprise:
                  1. The insurance risks including the risks of the product, design, pricing andunderwriting.
                  2. The credit risks.
                  3. The market risks including the investment and liquidity risks
                  4. The operational risk including the legal risks.
                  5. The organizational risks
                  6. The risks of the related parties
                  7. The risks of the financial crime.
                  8. The insurance fraud risks.
                  9. The cyber risks.
                  10. Other risks as specified by the Authority.
              • Fifth: Internal Audit & Risk Management Reports

                Internal Audit Reports

                1. The insurance companies and the insurance-related professionals shall enable the internal audit staff to provide the Authority with the annual internal audit reports of the companies when the annual financial statements and reports are presented every year as well as Form No. ( 1 ) as hereto attached.
                2. The internal audit report must comprise:
                  1. An executive summary of the internal audit process.
                  2. A short background.
                  3. The objective and scope of participating in the audit.
                  4. The methodology used.
                  5. The main findings.
                  6. The recommendations.
                  7. The challenges.
                3. The internal audit staff of the insurance companies and the insurance-relatedprofessionals must fill in the intended e-form of the internal audit report whenthey submit a copy of the annual internal audit report according to the ReportForm No (2 )as hereto attached.

                Risk Management Reports:

                1. The insurance companies and the insurance-related professionals shall fill in the intended e-form of the risk management of the companies when the annual financial statements and reports are presented according to the Form No( 3 ) as hereto attached.
                2. The insurance companies and the insurance-related professionals can provide the Authority with a copy of their risk management form which is associated with the e-report above.
              • Sixth: The Reports on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations

                1. The insurance companies and the insurance-related professionals shall appoint a Compliance Officer to combat money laundering and terrorism financing as required by the laws, regulations, instructions, decisions and circulars in force.
                2. The insurance companies and the insurance-related professionals shall enable the staff specialized in anti-money laundering and combating the financing of terrorism to perform their work and send the periodic reports to the Insurance Authority.
                3. The Compliance Officers and the internal control staff must perform their work in a highly objective and professional way.
                4. The insurance companies and the insurance-related professionals must shape policies and procedures for combating the financial crimes including money laundering and the financing of terrorism and illegal organizations.
                5. The insurance companies and the insurance-related professionals shall present periodic reports as follows:
                  1. The reports prepared by the Compliance Officers.
                  2. The reports prepared by the internal control staff concerning the effective internal controls for anti-money laundering and combating terrorism financing.
                  3. The report of the certified external auditor of the company concerning the effective internal controls for anti-money laundering and combating terrorism financing.
                  4. The self-assessment reports prepared by the Compliance Officers including:
                    1. A biannual self-assessment report in the intended e-form of the Insurance Authority to be filed prior to the end of 15 August every year in the e-systems of the Authority.
                    2. An annual self-assessment report in the intended e-form of the Insurance Authority to be filed prior to the end of 15 February every year in the e-systems of the Authority.
                  5. The Compliance Officers must attach their internal reports on the internal work policies, regulations and procedures to aforesaid electronic self-assessment reports according to the following determinants:
                    • The regulations and policies on anti-money laundering and combating terrorism financing.
                    • The internal regulations on the risk-based approach
                    • Customer due diligence
                    • • Enhanced customer due diligence.
                    • Continuous due diligence.
                    • The (STRs) uspicious Transaction Reports.
                    • Compliance Officers.
                    • Record keeping.
                    • Training.
                  6. All or any reports required by the Authority concerning the data and statistics on anti-money laundering and combating terrorism financing according to the Authority-set periods.
                  7. The reports prepared by the internal audit staff concerning the effective internal controls for anti-money laundering and combating terrorism financing.
                6. The internal control staff of the insurance companies and the insurance-related professionals must file an annual report by the end of April every year on reviewing the internal policies, regulation and procedures for anti-money laundering and combating the financing of terrorism according to the intended E-Form No (4 ) as hereto attached.
                7. The internal audit report must contain:
                  1. An executive summary of the internal auditing.
                  2. A short background
                  3. The objective and scope of participating in the audit
                  4. The methodology used
                  5. The main findings.
                  6. The recommendations.
                  7. The challenges.
                8. The report prepared by the internal control staff must imply a comprehensive review of at least the following internal controls:
                  1. The regulations and policies for anti-money laundering and combating terrorism financing.
                  2. The internal regulations on the risk-based approach.
                  3. Customer due diligence.
                  4. The enhanced the customer due diligence.
                  5. The continuous due diligence.
                  6. The (STRs) Suspicious Transaction Reports.
                  7. Record keeping.
                  8. Training.
                  9. All or any other additional controls.
                9. The internal control staff can upload their report on reviewing the internal controls of the company associated with the e-report above.
                10. The report of the certified external auditor of the company concerning the effective internal controls for anti-money laundering and combating terrorism financing shall be in accordance with the following:
                  1. The insurance companies and the insurance-related professionals shall fill in the e-form of the annual report prepared by the company’s external auditor when the audited annual financial statements and reports are provided to the Authority in Form No. ( 5 ) as hereto attached.
                  2. The Authority must be provided by the company with a copy of the duly signed report of the external auditor when the e-report above is presented provided that the report shall comprehensively review at the least the following internal controls:

                 

                Scope

                Details

                Suspicious Transactions Reports

                - Verifying from the Compliance Officer the applicable policies and procedures to ensure that any of the staff that deals or has an administrative liability for dealing with the transactions, which may involve money laundering or terrorism financing, files an immediate report to the Compliance Officer of the company, if he/she comes to know about a suspicious operation, and freezes the transactions.

                - Verifying from the Compliance Officer if there are any suspicious or unusual transactions notified by the staff and if the FIU of the Central Bank of the UAE is notified of it after verifying that it is suspicious or unusual.

                - Obtaining STR and SAR records, it should be confirmed if such reports are urgently notified only to the FIU of the Central Bank of the UAE, (ensuring that the reports are not filed to another regulator).

                - Verifying from the Compliance Officer the applicable procedures to ensure that the higher management, officers and staff do not notify or inform by any (written or phone) means the (customer, the beneficiary or any related profession) about their information, notifying the relevant authorities and verifying that the company has policies, procedures, regulations and controls to prevent informing the customer in this event

                - Verifying if the examined samples imply any contact or refers to a communication with the customer to inform him/her/it that he/she/it is a suspect

                - Verifying that STR and SAR are timely filed to the FIU of the Central Bank of the UAE, describing the nature of the transactions which raise suspicion, and verifying if the notified transactions are timely frozen.

                - Verifying that the company has an activated account in “GO-AML” and the number of STR and SAR sent to the FIU during the year.

                Compliance Officer

                - Verifying the documents of the appointment or assignment of any of the company’s employees as a (Compliance Officer) and requesting the documentary evidence of the
                appointment/assignment which were notified to the Insurance Authority

                - Verifying through the administrative structure that the
                (Compliance Office) filed his/her reports directly to the higher management of the company and that there are no other tasks assigned to the Compliance Officers

                - Ensuring that the Compliance Officer is responsible for all obligations in Article 21 of Cabinet Resolution No 10 of 2019 on the Executive Regulations of Federal Law No 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations

                - Verifying that the company asked the appointed external auditors to prepare and file a report on the compliance with Law on Anti-Money Laundering to the Insurance Authority by 30 April of the next year and that the findings of such report were received and addressed by the company.

                - Verifying the qualifications of the (Compliance Officer),(including the professional certificates and the training courses attended by the (Compliance Officer)

                - Verifying that the (Compliance Officer) files a biannual report to the higher management and the Insurance Authority.

                Due Diligence procedures

                1) Performing all obligations for “Know Your Customer”, customer due diligence and enhanced due diligence as set out in Cabinet Resolution No 10 of 2019 on the Executive Regulations of Federal Law No 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations:

                a. For natural persons, as set out in the above Cabinet Resolution.

                b. For corporate persons, as set out in the above Cabinet
                Resolution.

                c. For NGOs, as set out in the above Cabinet Resolution.

                d. In the event of conducting transactions for another person or
                entity, verifying the identity of such person or entity and obtaining the required information and documents, as set out in the above Cabinet Resolution.

                2) Verifying from the staff of the company if all necessary information and documents of the customers, including the ultimate beneficiary owners, are obtained prior to establishing any business relationships, whether the customer is a natural or corporate person, and if such information is regularly updated

                3) Verifying from the Company if the applicable procedures establish the identity of the beneficiaries, which are not the customer, obtaining and recording full information there, and ensuring whether:

                a) The company determines and verifies the identity of this party prior to conducting any payment transactions

                b) In the event of identifying the beneficiary as a corporate person or taking a legal arrangement with high risk, the customer due diligence procedures of the company shall include procedures based on premises to determine and verify the real identity of the beneficiary of the insurance policy upon payment

                4) Ensuring through the staff of the company whether the customer due diligence procedures are adopted:

                a) The company takes measures based upon premises to understand the ownership and nature of the corporate person

                b) The company ensures the nature and type of the business relationship, which is established with a natural or corporate person

                c) The company controls on a continuous basis the business relationship with its customers,

                to the effect that it verifies the transactions conducted to ensure that they are in accordance with KYC and the details of the customer business and its risks as well as the source of the funds, as required.

                5) Verifying if the company enters into business with a customer by using a false name or with an unknown person or opening an account with a fictitious name and if the name of the account holder is in accordance with the identity card or a copy of the passport or the trade license and if the staff in charge verifies that such copies are authentic and signed.

                6) Verifying from the staff of the company if the following procedures and terms are adopted and complied with:

                a. Applying the due diligence procedures to the current customers, if:

                (1) There is a substantial change in the nature or ownership of the customer

                (2) There is doubt about the correctness or accuracy of the information of the customer

                (3) A big transaction is about to be concluded with or for the customer

                (4) There is another reason that may be held adequate by the company

                b. If the company is unable to identify the customer by a reliable and independent source of information, the company must:

                1) End any relation with the customer immediately.

                2) Consider the need for filing suspicious transaction reports to the competent unit.

                Enhanced Due Diligence

                Performing all obligations for “Know Your Customer”, customer due diligence and enhanced due diligence, as set out in Cabinet Resolution No 10 of 2019 of the Executive Regulations of Federal Law No 20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations

                1) Verifying that the company has a process for identifying the customers and/ or the real beneficiaries from the politically exposed persons (PEP) and ensuring that:

                a. Suitable risk management regulations are applied to determine whether the customer or the real beneficiary is a PEP or not.

                b. The approval of the higher management is obtained for establishing or proceeding with a business relationship, if the customer or the real beneficiary is a PEP.

                c. The source of the wealth and assets of the real beneficiary is determined by any available reasonable means.

                d. It during the business relationship conducts enhanced due diligence.

                2) In the event of large documents, as specified in Article 6 of Cabinet Resolution No 10 of 2019 above, verifying that the documents of the financial situation of the customer, the source of the funds and the net income as well as the names of the banks, which the customer deals with, are kept and maintained over the past three years.

                3) Ensuring that the company provides, in addition to the due diligence procedures, the due diligence under Cabinet Resolution No 10 of 2019 above.

                4) Ensuring that the insurance company takes reasonable measures to identify the beneficiary or the beneficial owner of the life insurance and Family Takaful insurance policies. If he/she is identified as a PEP, the company shall inform the higher management prior to paying to the beneficiaries or prior to exercising any rights thereof, do a comprehensive examination of all business relationships and consider notifying a STR to the Unit

                Maintaining Documents

                - The number of the years of maintaining the documents (in the event of a court case and after the end of the court case or in the event that there is no legal action)

                - The existing transaction details (type, sum, etc.), including whether an STR or SAR is notified

                - The method of maintaining the data (in soft or hard files)

                - The existing system for document maintenance

                - If the system includes the dates of the commencement and end of the business relationship

                - In the event of notifying STR or SAR whether the database contains a request from the FIU and what is the timeframe of dealing with such requests

                - The minimum requirements for storing (soft and hard) records, which may include the safety and the availability of the data in the event of a crisis

                Risk-Based Approach

                The company relays on a risk-based approach, which includes:

                - Assessing the risks of money laundering and financing of terrorism faced by the company, including

                a. The type of the company’s customers (and the purpose of the relationship)

                b. The products and services provided by the Company (and their objective)

                c. The technology used by the company (and the objective of this use) to provide such products and services

                - Establishing the required procedures for mitigating such risks

                - The existing classification and description of the risks of the business relationship, taking into consideration at least four risk factors of this business relationship: customer risk, product risk, operational risk and competent department risks

                Policies & Procedures

                Ensuring that the policies and procedures:

                - Are authenticated and approved for anti-money laundering and combating terrorism financing.

                - Include specified actions and standards for identifying the customers with high risk.

                - Include a specified and periodic mechanism for updating the lists of terrorism in Cabinet Resolution No 20 of 2019 and informing the regulator if the case is identified

                - Include the standards for notifying STR or SAR, (including the notification timeframe).

                - Require a timeframe for the regular update of the policies and procedures

                - Performing by the internal auditor a regular audit of the procedures for anti-money laundering and combating terrorism financing, which are adopted by the departments of the company

                - Verifying if the company adopts a policy for periodically reviewing the sufficient customer due diligence and enhanced due diligence for the customers and ultimate beneficiary owner and ensures a continuous update of the information, particularly, about the customers with high risk.

                - Verifying that the company adopts a process for periodically and regularly updating the tests of AML diligence.

                AML Systems & Control

                Verifying that:

                - An independent internal control unit exists in the company and inquiring from the internal auditor about the way of ensuring compliance with the policies, procedures, regulations and controls for anti-money laundering and combating terrorism financing.

                - The internal auditor files his/her reports to the audit committee.

                - Verifying from the Compliance Officer that there are confidential information agreements with the related professions, with which the company deals.

                - Verifying from the compliance officer that the information about the company is disclosed only as far as required in the investigations or the court cases, which are subject to the applicable legislations of the State

                - The company adopts and adheres to procedures for anti-money laundering and combating terrorism financing applicable to all of its branches inside and outside the UAE.

                - If the requirements for anti-money laundering and combating terrorism financing in the host country are less strict than the UAE requirements, the company applies all UAE requirements save for anything not permitted under the laws and regulations of the host country.

                - In the event that the branch or the subsidiary, which operates abroad, is unable to adhere to the highest standards, the company notifies the Insurance Authority of the matter and adheres to the additional directives dedicated by the Authority.

                Staff Training & Employment

                - Verifying if the training of the (Compliance Officer) and all staff remains updated and suitable for the activities of the company and the different customer types, and if the training is provided on a regular and continuous basis

                - Ensuring that the (Compliance Officer) does a periodic examination of all (newly appointed staff – current staff)

                - Verifying that a high level scientific training is provided to the(compliance officer)

                Continuous Control

                - Reviewing and updating the AML procedures on a regular basis

                - Verifying that the (Compliance Officer) ensures a continuous examination of all databases of the customers of the company and compares such examination with the terrorist lists in the law and legislations in force

                Full compliance with Cabinet Resolution No 20 of 2019 on the Regulations of the Terrorist Lists and implementing the Security Council’s Resolutions concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the Relevant Resolutions shall be completely implemented.

                1. The details of those on the lists of the sanctions committees, (as defined in said Resolution) shall be followed up on a daily basis by directly referring to the resolutions approved by the Security Council and registering to this end on the website of the Executive Office of the Committee for Goods and Materials Subjected to Import & Export Control: https://uaeiec.gov.ae/ar-ae/United-Nations-Securoty/Council-Saction
                2. The customer databases and any information obtained about the potential or current customers shall continually be verified and compared with the names on the penalty list. An updated list shall be maintained in a database of the terrorist persons and organizations on such list.
                3. The Authority shall be immediately notified in the event that funds are frozen so that it shall notify the Executive Office of the Committee for Goods and Materials Subjected to Import & Export Control in accordance with the provisions of the legislations in force.
                4. The Authority shall be notified if it is found that one of the previous customers of the company or any incidental customer which the company dealt with is a person or an organization on the penalty list.
                5. The Authority shall be notified of not taking action as a result of similar names and failing to eliminate such similarity by the available or accessible information.
            • Financial Reporting and External Audit Regulation

              C 5/2023 Effective from 30/4/2024

               

              Having perused Decretal Federal Law No. (14) of 2018 Regarding the Central Bank and Organization of Financial Institutions and Activities, as amended;

              Decretal Federal Law No. (48) of 2023 Concerning the Organization of Insurance Operations;

              Decretal Federal Law No. (32) of 2021 on Commercial Companies;

              Federal Law No (12) of 2014 on the Regulation of the Auditing Profession, as amended;

              Cabinet Decision No. (48/2022) On the Implementing Regulation of Federal Law No. (12/2014) on the Regulation of the Auditing Profession;

              Chairman of Securities and Commodities Authority’s Board of Directors Decision No. (3/Chairman) of 2020 Concerning Approval of Joint Stock Companies Governance Guide;

              Insurance Authority Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and Insurance Authority Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies;

              Insurance Authority’s Board of Directors’ Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, information and Supervisory Reports;

              The Central Bank of the UAE’s Board of Directors’ Resolution published in the Official Gazette issue No. (740) on 30 November 2022 Regulation Regarding Takaful Insurance and Shari’ah Governance Standard for Takaful Insurance Companies;

              Notices issued by the Central Bank Concerning Dividend Announcement and Profits Repatriation Approval Process;

              And, based on the recommendation of the Governor and the approval of the Board of Directors; Has resolved,

              • Introduction

                The Central Bank seeks to promote the effective and efficient development and functioning of the insurance sector. To this end, Companies are required to maintain appropriate records, prepare financial statements in accordance with the International Financial Reporting Standards (IFRS) and the instructions of the Central Bank, and publish annual financial statements bearing the opinion of an External Auditor approved by the Central Bank.

                In implementing this Regulation, the Central Bank intends to ensure that Companies approaches to financial reporting and external audit are in line with the leading international practice.

                This Regulation is issued pursuant to the powers vested in the Central Bank under the Central Bank Laws.

                Where this Regulation includes a requirement to provide information or take certain measures, or to address certain items listed at a minimum, the Central Bank may impose requirements that are additional to the listing provided in the relevant article.

                This Regulation supplements Decretal Federal Law No. (48) of 2023 Concerning the Organization of Insurance Operations, the Insurance Authority’s Board of Directors’ Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, information and Supervisory Reports, the Insurance Authority Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies, the Insurance Authority Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies, and the Central Bank of the UAE’s Board of Directors’ Resolution published in the Official Gazette issue No. (740) on 30 November 2022 Regulation Regarding Takaful Insurance. Additional requirements may be imposed pursuant to decisions to be issued by the Central Bank in this regard.

              • Objective

                The objective of this Regulation is to establish the minimum acceptable standards for Companies’ approach to financial reporting and external audit, with a view to:

                i.

                Ensuring the soundness of the Companies; and

                ii.

                 Contributing to financial stability and policyholder protection.

              • Scope of Application

                This Regulation applies to all Companies. Companies established in the UAE with Group relationships including Subsidiaries, Affiliates, or international branches, must ensure that the Regulation is adhered to on a solo and Group-wide basis.

              • Article (1): Definitions

                The following terms shall have the meaning assigned to them below for the purposes of this Regulation:

                1-1

                Affiliate: An entity that, directly or indirectly, controls, is controlled by, or is under common control with another entity. The term control as used herein shall mean the holding, directly or indirectly, of voting rights in another entity, or of the power to direct or cause the direction of the management of another entity.

                2-1

                Board: The Company’s board of directors.

                3-1

                Central Bank: The Central Bank of the United Arab Emirates.

                4-1

                Central Bank Laws: Decretal Federal Law No. (14) of 2018 Regarding the Central Bank and Organization of Financial Institutions and Activities, as amended and Decretal Federal Law No. (48) of 2023 On the Organization of Insurance Operations.

                5-1

                Company: The insurance company incorporated in the State, and the branch of a foreign insurance company, that is licensed to underwrite primary insurance and reinsurance, including Takaful insurance companies.

                6-1

                Conflict of Interest: A situation of actual or perceived conflict between the duty and private interests of a person, which could improperly influence the performance of his/her duties and responsibilities.

                7-1

                Control Function: Function (whether in the form of a person, unit or department) that has a responsibility in a Company to provide objective assessment, reporting and/or assurance; this includes the risk management, compliance, actuarial, internal audit and where applicable Shari’ah control and Shari’ah audit functions.

                8-1

                Corporate Governance: A set of relationships between a Company’s Board, Senior Management, customers and other stakeholders; and a structure through which the objectives of the Company are set, and the means of attaining those objectives and monitoring performance are determined.

                9-1

                External Auditor: The audit firm and the individual audit engagement team members conducting the audit. Where relevant, specific references are made to the audit firm only in certain paragraphs.

                10-1

                Financial Regulations: Insurance Authority Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and the Insurance Authority Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies and Insurance Authority’s Board of Directors’ Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, Information and Supervisory Reports.

                11-1

                Group: A group of entities which includes an entity (the ‘first entity’) and:

                 

                 

                a.

                any parent of the first entity;

                 

                 

                b.

                any Subsidiary of the first entity or of any parent of the first entity;

                 

                 

                c.

                any Affiliate

                12-1

                Internal Controls: A set of processes, polices and activities governing a Company’s organizational and operational structure, including reporting and Control Functions.

                13-1

                Intragroup Transactions: any transaction by which a Company relies, either directly or indirectly, on another entity within the same Group.

                14-1

                Matter of Significance: A matter, or group of matters, that would have significant impact on the activities or financial position of the Company. Examples include failure to comply with the licensing criteria or breaches of the Central Bank Laws, or Financial Regulations, significant deficiencies and control weaknesses in the Company’s operations or financial reporting process or other matters that are likely to be of significance to the function of the Central Bank as regulator.

                15-1

                Regulation: Any resolution, regulation, circular, rule, standard or notice issued by the Central Bank.

                16-1

                Risk Management: The process through which risks are managed allowing all risks of a Company to be identified, assessed, monitored, mitigated (as needed) and reported on a timely and comprehensive basis.

                17-1

                Senior Management: The individuals or body responsible for managing the Company on a day-to-day basis in accordance with strategies, policies and procedures set out by the Board, generally including, but not limited to, the chief executive officer, chief financial officer, chief risk officer, and heads of the compliance and internal audit functions.

                18-1

                 Subsidiary: An entity (the 'first entity') is a subsidiary of another entity (the 'second entity') if the second entity:

                  

                a.

                holds a majority of the voting rights in the first entity;

                  

                b.

                is a shareholder of the first entity and has the right to appoint or remove a majority of the board of directors or managers of the first entity; or

                  

                c.

                is a shareholder of the first entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the first entity; or

                  

                d.

                if the first entity is a subsidiary of another entity which is itself a subsidiary of the second entity.

                19-1

                Takaful Insurance: A collective contractual arrangement aiming at achieving cooperation among a group of participants against certain risks whereby each participant pays certain contribution amount to form an account called the participants' account through which entitled compensations are paid to the member in respect of whom the risk has realized. The Takaful Insurance Company shall manage this account and invest the funds collected therein against certain compensation.

              • Article (2): Financial Reporting

                1-2

                The Board and Senior Management are responsible for ensuring that financial statements are:

                 

                 

                a.

                prepared in accordance with accounting policies and practices that are widely accepted internationally;

                 

                 

                b.

                supported by record keeping systems; and

                 

                 

                c.

                issued annually to the public together with an independent External Auditor’s opinion.

                2-2

                The Board audit committee must oversee the financial reporting process and the establishment or amendment of significant accounting policies and practices.

                3-2

                In addition to the reporting requirements per the Financial Regulations, a Company must provide the Central Bank with qualitative and quantitative reports in an easily accessible manner with the following information, at a minimum:

                 

                 

                a.

                a description of the nature of the Company’s activities which sets out the following:

                 

                 

                 

                 

                i.

                business lines, types of products offered, policyholder segments and location of business;

                 

                 

                 

                 

                ii.

                policies concerning sales, marketing and remuneration paid to intermediaries;

                 

                 

                 

                 

                iii.

                the main trends and factors that contribute to the development, performance and position of the Company over its business planning time period; and

                 

                 

                 

                 

                iv.

                any material changes that have occurred in the Company’s activities.

                  

                b.

                a description of the Company’s undertakings to ensure fair treatment of policyholders, which sets out the following:

                  

                 

                 

                i.

                the culture of the Company in relation to policyholder treatment, including the extent to which the Company’s leadership, governance, performance management and recruitment, complaints handling policies and remuneration practices demonstrate a culture of fair treatment to policyholders;

                  

                 

                 

                ii.

                how products are designed and distributed to ensure they fulfil the customers’ demands and needs;

                  

                 

                 

                iii.

                the adequacy, appropriateness and timeliness of the information and advice given to customers;

                  

                 

                 

                iv.

                the handling and timing of claims, including but not limited to acknowledging receipt of claims, notifying policyholders of accepting claims, rejecting claims or requiring additional documentation to proceed;

                  

                 

                 

                v.

                 premium refunds;

                  

                 

                 

                vi.

                the handling, frequency and nature of customer complaints, disputes, and litigation;

                  

                 

                 

                vii.

                means of communication used to address customer complaints, including but not limited to SMS text messages, telephone, email or social media platforms and the frequency of their update;

                  

                 

                 

                viii.

                policyholder experience reports used by the Company or from other sources, such as the insurance disputes resolution committees/ courts of law/ ombudsman/ arbitration/ mediation, as the case may be; and

                  

                 

                 

                ix.

                any material changes that have occurred in the Company towards fair treatment of policyholders.

                  

                c.

                a description of the Corporate Governance framework, Risk Management system and Conflict of Interest policies - including those from the Company’s relations with policyholders-, and any material changes in this regard.

                  

                d.

                at the Group level -where applicable- a description of the Company’s relationships within the Group, including Group structures, Intragroup Transactions and intragroup links along with a description of any material changes in this regard;

                4-2

                 The Central Bank will determine the frequency and deadlines of submitting reports according to Article (2.3). The Central Bank may require additional reports as it deems necessary.

                5-2

                Companies must correct inaccurate reporting, as soon as possible, once identified.

                6-2

                Companies must report on any material changes or incidents that could affect their condition or customers, a soon as possible.

                7-2

                Companies must refrain from any action that may disclose or reveal their intentions regarding distribution or repatriation of profits, retained earnings, reserves, or other component of regulatory capital, unless they first have obtained the prior written no-objection from the Central Bank.

                8-2

                Companies must not make any distribution or repatriation of profits, retained earnings, reserves, or other component of regulatory capital unless they have obtained the prior written no-objection from the Central Bank.

                9-2

                The Board is responsible for ensuring that the risk governance framework of the Company, and if applicable, Group, provides for appropriate oversight of financial reporting and external audit. The framework must, at a minimum, provide for:

                 

                 

                a.

                documentation in an appropriate mandate or terms of reference of the role and responsibility of the Board audit committee, with respect to financial reporting; and

                 

                 

                b.

                Board-approved policies, procedures, systems, internal controls and independent assurance by the internal and/or external audit functions of the Company on the preparation of financial statements and prudential reporting to the Central Bank.

                10-2

                Companies must prepare their financial statements in accordance with the International Financial Reporting Standards (IFRS) and the instructions of the Central Bank. Such instructions may include, but are not limited to, the submission and publication of financial statements, classification and provisioning of financial items or guidance on the application of specific IFRS in the UAE insurance sector.

                11-2

                Companies must use valuation practices consistent with IFRS and Financial Regulations, and subject their fair value estimation framework, structure and processes to independent verification and validation. The Board must ensure adequate governance structures and control process for all financial instruments that are measured at fair value for Risk Management and financial reporting purposes, which must include:

                 

                 

                a.

                reviewing and approving written policies related to fair valuations;

                 

                 

                b.

                ongoing review of significant valuation model performance for issues escalated for resolution and all significant changes to valuation policies;

                 

                 

                c.

                ensuring adequate resources are devoted to the valuation process;

                 

                 

                d.

                articulating the Company’s tolerance for exposures subject to valuation uncertainty and monitoring compliance with the Board’s overall policy settings at an aggregate Company-wide level;

                 

                 

                e.

                ensuring independence in the valuation process between risk taking and control units, including but not limited to dual signatures, “four eyes principle” and segregation of duties;

                 

                 

                f.

                ensuring the appropriate internal and external audit coverage of fair valuations and related processes and controls;

                 

                 

                g.

                ensuring the consistent application of accounting and disclosures;

                 

                 

                h.

                ensuring the identification of significant differences, if any, between accounting and Risk Management measurements, and that these are well documented and monitored; and

                 

                 

                i.

                ensuring that the External Auditor’s reservations are attended to, and that all necessary amendments and remedial action is being taken prior to the issuance of the annual financial statements and audit opinion, this includes but not limited to reservations towards valuation of real estate and any other assets, as determined by the Central Bank.

              • Article (3): External Audit

                1-3

                Companies must, every year, appoint an External Auditor or more, approved by the Central Bank, for auditing their accounts.

                2-3

                The Board audit committee must recommend the appointment, reappointment, dismissal and compensation of the External Auditor.

                3-3

                a.

                The Board audit committee must establish a policy and processes for the nomination of the External Auditor. The policy and processes must be approved by the Board and applied at the general assembly for the purpose of selecting an External Auditor. The Board audit committee must review and recommend to the Board to agree to the terms of engagement prior to the signing of the written contract with the External Auditor. Where relevant, the Board audit committee must ensure that the terms of engagement with the External Auditor have been updated to reflect changes in the size, nature or complexity of the Company or in the instructions of the Central Bank.

                 

                b.

                The Company must carry out a procurement procedure to select the external audit firm at least once every six (6) years, which coincides with the period of the rotation of the firm. Following rotation, a cooling off period of three (3) years must be observed before the same firm may be reselected. In addition, the Company must rotate the external audit partner in charge of the audit every three (3) years.

                4-3

                The Board audit committee must oversee the External Auditor’s effectiveness and independence.

                5-3

                The External Auditor must provide the Board audit committee with timely observations arising from the audit that are relevant to the Committee’s oversight responsibility for the reporting process. These include, but not limited to:

                 

                 

                a.

                 significant difficulties encountered during the audit;

                 

                 

                b.

                key areas of significant risk of material misstatement in the financial statements, including a summary of material corrected and uncorrected misstatements.

                 

                 

                c.

                the extent of requests made by the Group auditor to another audit firm of member firms with respect to performance of a Group audit;

                 

                 

                d.

                the use of external experts to assist with the audit;

                 

                 

                e.

                the extent to which the External Auditor has used the work of the internal audit function and Internal Controls;

                 

                 

                f.

                matters relating to accountability, including significant decisions or actions by Senior Management that lack appropriate authorization;

                 

                 

                g.

                significant qualitative aspects of financial statement disclosures;

                 

                 

                h.

                feedback on the External Auditor’s relationship with Senior Management;

                 

                 

                i.

                identification of internal control weaknesses;

                 

                 

                j.

                issues resulting from regulatory and accounting changes; and

                 

                 

                k.

                changes in insurance and financial risks.

                6-3

                The External Auditor must conduct audits in accordance with the International Standards on Auditing (ISA) that require the use of a risk and materiality based approach in planning and performing the audit.

                7-3

                The scope of the external audits must include but not be limited to investments, technical provisions, solvency margins, commissions to distribution channels, capital adequacy, reinsurance arrangements, efficiency of the Corporate Governance and Risk Management arrangements and Internal Controls, and where applicable, compliance with Shari’ah requirements.

                8-3

                The External Auditor must comply with the independence requirements laid down in the Central Bank Laws and this Regulation. In case of violation of these requirements or failure in the performance of duties, the Central Bank may take any measures against the violating or negligent External Auditor, including rejection by the Central Bank to conduct audits in Companies.

                9-3

                The Central Bank may require a Company to rescind the appointment of an External Auditor when the Central Bank determines that the External Auditor has not adhered to established professional standards or has inadequate expertise or independence.

                10-3

                The External Auditor must meet with the Central Bank as deemed necessary for supervisory purposes. The Central Bank determines the agenda, timing and attendees for such meetings, which might be without the presence of the Company. The Central Bank may access the External Auditor’s working papers, when necessary.

                11-3

                The Central Bank may require a Company to appoint, at the Company’s expense, the existing External Auditor or another specified by the Central Bank to provide a report on a particular aspect of the Company’s business operations, prudential requirements, risk governance framework or other matters specified by the Central Bank.

              • Article (4): Special Considerations for External Audit

                1-4

                The external audit in Companies must be fully compliant with the provisions laid down in the Central Bank Laws and Regulations. Where more than one External Auditor is appointed, the External Auditors must distribute duties amongst themselves and issue a common external audit opinion.

                2-4

                The Board audit committee must approve a policy for the tendering of the audit engagement. This must include requirements for knowledge and competence, objectivity, independence, professional scepticism and quality control. The Board audit committee must review and agree to the terms of the engagement prior to the signing of the written contract. Where relevant, the Board audit committee must ensure that the work plan of the engagement has been updated to reflect changes in the size, business mix or complexity of the Company or in the instructions of the Central Bank.

                3-4

                The Board audit committee must assess the overall quality of the External Auditor at least annually. The Board audit committee must obtain from the External Auditor, on an annual basis, a report on the audit firm’s internal quality control procedures, including the audit firm’s engagement quality control process, and any significant matters of concern arising from these procedures.

                4-4

                In monitoring and assessing the work of the External Auditor, the Board audit committee must obtain an understanding of the auditor’s view on any significant matters arising during the audit, including both those subsequently resolved and those that remain outstanding. The Board audit committee must review with the External Auditor the statements provided by the Board and Senior Management in the representation letter to the External Auditor, considering whether, based on the knowledge of the members of the Board audit committee, the information provided for each item is complete and appropriate.

                5-4

                Following completion of the fieldwork for the audit, and prior to issuance of the audit opinion, the Board audit committee must consider whether the External Auditor followed the audit plan and understand any reasons for changes in the plan. The Board audit committee must obtain feedback from Senior Management on the conduct of the audit. The Board audit committee’s assessment of the effectiveness of the external audit process must be documented and reported to the Board for discussion of findings and any recommendations.

                6-4

                The Board audit committee must have the right and authority to meet regularly with the External Auditor – in the absence of Senior Management –to understand and discuss all issues that may have arisen between the External Auditor and Senior Management in the course of the external audit and how these issues have been resolved. These meetings must also address any other matters that the External Auditor believes the Board audit committee should be aware of in order to exercise its responsibilities.

                7-4

                The Board audit committee must discuss with the External Auditor any matters arising from the audit that may have an impact on regulatory capital or regulatory disclosures.

                8-4

                The Board audit committee must approve a policy governing the provision of non-audit services by the External Auditor. The policy must specify the types of non-audit services the External Auditor may provide, or is prohibited from providing, and establish a requirement for approval of any such arrangement by the Board audit committee or by an appropriate level of Senior Management in accordance with authority delegated by the Board audit committee.

                9-4

                The external audit firm engaged by the Company, including its Affiliates or Subsidiaries, must not provide any non-audit services to the Company during the financial years of its external audit mandate, which could impair its objectivity and independence.

                10-4

                Prohibited non-audit services by the External Auditor include:

                 

                 

                a.

                bookkeeping and preparing accounting records and financial statements;

                 

                 

                b.

                designing and implementing Internal Controls or Risk Management procedures related to the preparation and/or control of financial information or designing and implementing financial information technology systems;

                 

                 

                c.

                services related to the Company’s internal audit function;

                 

                 

                d.

                valuation services, including valuations performed in connection with actuarial services or litigation support services;

                 

                 

                e.

                human resources services, with respect to:

                 

                 

                 

                 

                i.

                management in a position to exert significant influence over the preparation of the accounting records of financial statements which are the subject of the external audit, where such services involve searching for or seeking out candidates for such position or undertaking reference checks of candidates for such position;

                 

                 

                 

                 

                ii.

                structuring the organization design; and

                 

                 

                 

                 

                iii.

                cost control.

                  

                f.

                brokerage services in securities services or works;

                  

                g.

                services linked to the financing, capital structure and allocation, and investment strategy of the Company, except providing assurance services in relation to the financial statements, such as the issuing of comfort letters in connection with the prospectuses issued by the Company;

                  

                h.

                promoting, dealing in, or acquiring ownership in the Company;

                  

                i.

                legal services, with respect to:

                  

                 

                 

                i.

                the provision of general counsel;

                  

                 

                 

                ii.

                negotiating on behalf of the Company; and

                  

                 

                 

                iii.

                acting in advocacy role in the resolution of litigation.

                  

                j.

                services that involve playing any part in the management or decision-making of the Company; and

                  

                k.

                tax services and the provision of tax advice.

                11-4

                The prohibited non-audit services also include any prohibited services under Federal Law No (12) of 2014 on the Regulation of the Auditing Profession, as amended, Cabinet Decision No. 48/2022 On the Implementing Regulation of Federal Law No. 12/2014 on the Regulation of the Auditing Profession; and under the Code of Ethics for Professional Accountants issued by the International Ethics Standards Board for Accountants, which are not specifically listed above.

                12-4

                 Where non-audit services are provided by the External Auditor, the Board audit committee must monitor the provision of such services to ensure that their performance does not impair the External Auditor’s objectivity and independence. This must take into consideration various factors including the skills and experience of the External Auditor, safeguards in place to mitigate any threat to objectivity and independence, and the nature and arrangements for non-audit fees. The Company’s annual report must explain to shareholders the nature and the fee arrangements for the non-audit services received, and how the External Auditor’s independence is safeguarded.

                13-4

                The External Auditor must meet the following expectations:

                 

                 

                a.

                have insurance industry knowledge and competence sufficient to respond appropriately to the risks of material misstatement in the Company’s financial statements and to properly meet additional regulatory requirements that may be part of the external audit;

                 

                 

                b.

                be objective and independent in both fact and appearance with respect to the Company;

                 

                 

                c.

                exercise professional scepticism when planning and performing the audit of Companies, having due regard to the specific challenges in auditing a Company;

                 

                 

                d.

                identify and assess the risks of material misstatement in the Company’s financial statements, taking into consideration the complexities of the Company’s activities and effectiveness of its internal control environment;

                 

                 

                e.

                have professional indemnity insurance in the UAE; and

                 

                 

                f.

                maintain confidentiality of information relating to the Company, unless such information is required by the Central Bank pursuant to Central Bank Laws, Regulation or other applicable legislation or required by other competent supervisory authority or judicial body.

                14-4

                The External Auditor must furnish the Board audit committee at least annually with information about the External Auditor’s policies and processes for maintaining independence and monitoring compliance with independence requirements.

                15-4

                The External Auditor must not purchase the securities of the Company whose accounts are audited by them or sell such securities directly or indirectly or provide any consultations to any person in connection with such securities during the blackout period.

                16-4

                The External Auditor must not serve on the Board or hold a position in Senior Management before two years have lapsed from the time of involvement in the Company’s audit.

                17-4

                 The External Auditor’s terms of engagement must be established in a written contract, which at a minimum, provides that:

                 

                 

                a.

                the External Auditor must meet with the Central Bank as deemed necessary for supervisory purposes. The Central Bank will determine whether the Company will participate in such meetings;

                 

                 

                b.

                the External Auditor bears no duty of confidentiality to the Company with respect to any notification of meeting with the Central Bank required by this Regulation, or the provision of any document or information required to be submitted to, or requested by, the Central Bank for supervisory purposes; and

                 

                 

                c.

                the External Auditor must provide, upon the request of the Central Bank, access to working papers and other documents that support conclusions made in the audit opinion.

              • Article (5):Duty To Report To The Central Bank

                1-5

                External Auditors must promptly report to the Central Bank violations of the Central Bank Laws, Regulations, instructions and any Matters of Significance arising from their audit of the Company. External Auditors making such reports in good faith shall not be considered to have breached any of their obligations

                2-5

                Companies must promptly notify the Central Bank in case of resignation of their External Auditor and the reasons thereof, as well as obtain the non-objection from the Central Bank in case of their dismissal or change. Divergence of opinions between the Company and its External Auditor cannot be ground for dismissal.

                3-5

                Any material reservations of the External Auditor in relation to finalisation of accounts and issuing of a clean audit opinion, must be reported to the Central Bank prior to the finalization of the audit.

                4-5

                The External Auditor must not finalise financial statements containing a qualified audit opinion without first receiving the Central Bank’s non-objection.

              • Article (6): Takaful Insurance

                A Company offering Takaful Insurance products may appoint an External Shari’ah Auditor for the Shari’ah compliance matters.

              • Article (7): Enforcement & Sanctions

                Violation of any provision of this Regulation may be subject to regulatory action and sanctions as deemed appropriate by the Central Bank. These may include withdrawing, replacing or restricting the powers of Senior Management or members of the Board, providing for the interim management of the Company, or barring individuals from the UAE insurance sector.

              • Article (8): Interpretation of Regulation

                The Regulatory Development Department of the Central Bank shall be the reference for interpretation of the provisions of this Regulation.

                 

              • Article (9): Publication & Application

                1-9

                This Regulation shall be published in the Official Gazette in both Arabic and English, and shall come into effect immediately on its publication. Companies which are not currently in compliance with the requirements must rectify this within six (6) months from the publication date.

                2-9

                Companies that will have the same External Audit firm engaged cumulatively for six (6) years or more as at the end of 2023 must rotate the external audit firm in 2024.

    • Insurance Companies

      • Insurance Companies & Branches of Foreign Insurance Companies

        • Financial Regulations/ Conventional

          • Insurance Authority Board Decision Number (25) of 2014 Pertinent to Financial Regulations for Insurance Companies

            IA-BOD-RES 25/2014 Effective from 28/12/2014

            Chairman of Insurance Authority

            Having considered:

            - Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance operations and its amendments;

            - Board Decision No. (2) of 2009 related to the issuance of the Executive Regulation of the Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance Operations and its amendments; and

            - Pursuant to what has been presented by the Director General of the Authority and approved by the Insurance Authority Board of Directors, it was decided to issue the following Financial Regulations for Insurance Companies:

            Preamble: Glossary.

            Part One: Financial Regulations:

            Section 1The Basis of Investing the Rights of the Policyholders.
            Section 2The Solvency Margin and Minimum Guarantee Fund.
            Section 3The Basis of Calculating the Technical Provisions.
            Section 4Determining the Company’s assets that meet the accrued insurance liabilities.
            Section 5The Records which the Company shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority.
            Section 6The Principles of Organizing Accounting Books and Records of Each of the Companies, Agents and Brokers and Determining Data to be maintained in these Books and Records.
            Section 7Accounting policies to be adopted and the necessary forms needed to prepare reports and financial statements and presentations.

            Part Two: General Provisions.

            • The Board of Directors' Decision No.( 22 ) of 2017 Concerning the Application of the Investment Limits Stipulated in the Financial Regulations for Insurance Companies and the Financial Regulations for Takaful Insurance Companies

              Effective from 17/7/2017

              The Director General of the Insurance Authority;

              Having perused:

              1. - The Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations as amended ,and its Executive Regulation;
              2. - The Board of Directors' Decision No. (25) of 2014, Concerning the Financial Regulations for Insurance Companies;
              3. - The Board of Directors' Decision No. (26) of 2014, Concerning the Financial Regulations for Takaful Insurance Companies;
              4. - And, pursuant to what has been presented by the Director General of the Authority and approved by the Insurance Authority Board of Directors ,

              Has decided:

              • Insurance Authority Board of Directors' Decision No. (14) of 2018, Pertinent to the Application of Financial Solvency Requirements Stipulated in Chapter Two of the Financial Regulations for Insurance Companies and the Financial Regulations for Takaful Ins

                Effective from 23/5/2018

                Chairman of the Insurance Authority,

                Having pursued,

                - Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof;
                - Insurance Authority Board of Directors' Decision No. (2) of 2009, pertinent to the Issuance of the Executive Regulations of the Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof;
                - Cabinet Resolution No. (42) of 2009, pertinent to Insurance Company Minimum Capital Requirements Regulations, and the amendments thereof;
                - Insurance Authority Board of Directors' Decision Number (25) of 2014, pertinent to Financial Regulations for Insurance Companies;
                - Insurance Authority Board of Directors' Decision Number (26) of 2014, pertinent to Financial Regulations for Takaful Insurance Companies; and,
                - Based on the recommendation of the Director General of the Insurance Authority and the approval of the Board of Directors,

                Has decided,

                • Preamble

                  • Definitions

                    • Article (1) Definitions

                      The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:

                      State: The United Arab Emirates.
                      Law: Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.
                      Executive Regulations: The Executive Regulations of the Law.
                      Authority: The Insurance Authority established by virtue of the provisions of the Law.
                      Board: The Insurance Authority's Board of Directors.
                      Director General: The Director General of the Insurance Authority.
                      Financial Regulations: Insurance Authority Board of Directors' Decision Number (25) of 2014, pertinent to Financial Regulations for Insurance Companies and Insurance Authority Board of Directors' Decision Number (26) of 2014, pertinent to Financial Regulations for Takaful Insurance Companies, as appropriate.
                      Branch of the foreign company : The branch of the foreign insurance company licensed to practice the insurance activity in the State either through a branch or through an Insurance Agent, and the branch of the foreign Takaful Insurance company licensed to practice the insurance activity in the State either through a branch or through an Insurance Agent, where it operates in accordance with the provisions of the Law, the Executive Regulations and the Regulations of Takaful insurance and all its transactions are compliant with the Islamic Shari'a provisions.

                      Parent company: The foreign insurance company or the foreign Takaful insurance company licensed to practice the activity in the home country and is practicing its operations in the State either through a branch or through an Insurance Agent.

                      Home country: The country in which the parent company was founded, holds its nationality and responsible for the control on the company.

                      • First Article - Glossary

                        The following words and expression shall bear the meaning indicated beside each of them unless the context provides otherwise:

                        StateThe United Arab Emirates.
                        LawFederal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance Operations and its amendments.
                        Executive RegulationsThe Executive Regulation of the Federal Law.
                        MinisterThe Minister of Economy.
                        AuthorityThe Insurance Authority established by virtue of the provision of the Federal Law.
                        BoardBoard of Directors of the Insurance Authority.
                        Director GeneralDirector General of the Insurance Authority.
                        The CompanyThe insurance Company incorporated in the State, or foreign branch of an insurance Company, licensed to carry out insurance operations in the State either through a branch or an insurance agent.
                        Board of DirectorsBoard of Directors of the Company or its equivalent in the governance structure of Foreign Insurance Companies.
                        InsurerAn insurance company incorporated in the State, or foreign branch licensed to carry out insurance operations in the State.
                        InsuredThe person who has concluded an insurance contract with the Company.
                        PremiumAn amount of money that the Company receives from the insured to provide him with the insurance coverage specified in the insurance policy.
                        Insurance Policy (Insurance Contract)The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their obligations, and rights or the rights of the beneficiary of the insurance or any endorsements therein.
                        Property and Liability InsuranceIt covers the lines of business as detailed in Article (5) of the Executive Regulations.
                        Insurance of Persons and Fund Accumulation operationIt covers the lines of business as detailed in Article (4) of the Executive Regulations.
                        Technical ProvisionsThe provisions which the insurer (the Company) must deduct and maintain to meet the insured’s accrued financial liabilities as per Law's stipulations.
                        ActuaryThe person who estimates values of the insurance contracts, documents and the related accounts.
                        Risk Management PolicyThe process of identification, evaluation and mitigation of the economic effects of the past, present or future events, or their impact, that cause a Company to deviate from its stated objectives whether positively or negatively. These events can impact both the asset and liability side of the Company’s balance sheet, the Company’s profit and loss account, its cash flows, its earning capacity, profitability, ability to continue operating, reputation and its intellectual and technological capital. Risk management should be well integrated into the organizational structure and decision making processes.
                        Risk AppetiteThe degree of risk that the Company and Board of Directors are willing to accept in respect of conducting the business.
                        DerivativesA financial asset or liability whose value is derived from an underlying asset, liability or related index. Common forms of derivative instruments include forwards, futures, options, swaps, credit derivatives or combinations thereof (as applicable).
                        InvestmentsThe act of investing, laying out money or capital by a Company with the expectation of profit.
                        HedgingTo invest in a manner that reduces the risks related to underlying assets or liabilities.
                        Total Invested AssetsThe sum of all assets held for investment purposes, including derivatives or other hedging instruments and cash.
                        Admissible AssetsThe value of total assets, after taking into account the constraints and limitations that are taken into consideration when calculating the solvency margin of the Company.
                        Solvency MarginFunds that the Company is required to maintain to fulfill the obligations of the Minimum Capital Requirement, Minimum Guarantee Fund and Solvency Capital Requirement.
                        Minimum Capital RequirementThe minimum capital required to be maintained by a Company at all times as directed by the Authority.
                        Own FundsThe capital that an insurance Company has available to meet solvency requirements, which includes Admissible Assets less liabilities.
                        Solvency Capital RequirementFunds that the Company must maintain to cover current and projected operations during the next twelve months, which are measured to ensure that all quantitative risks have been taken into account.
                        Minimum Guarantee FundFunds that the Company must maintain to cover current and projected operations during the next twelve months, which is at least one third of the Solvency Capital Requirement or a greater amount as determined by the Authority.
                        Unearned Premium Reserves (UPR)Provisions for the premium which represents the portion of the premium corresponding to the responsibilities extended beyond the date of the statement of financial position.
                        Unexpired Risk Reserves (URR)Provisions for the premiums which represent the portion of the premium subsequent to the financial statement date and where the premium is expected to be insufficient to cover anticipated claims, expenses and a reasonable profit margin.
                        Outstanding Loss Reserves (OSLR)Provisions representing claims that have been reported but not yet settled. Typically, this is the sum of the remaining liabilities for each open claim estimated on a case-by-case basis.
                        Incurred but Not Reported (IBNR)Provisions for claims that have been incurred but not yet reported or have not obtained enough information related to such claims as of the reporting date.
                        Allocated Loss Adjustment Expense (ALAE) or Unallocated Loss Adjustment Expense (ULAE)Provisions representing future claim expenses and related handling costs. The Allocated (ALAE) reserve is for expenses and costs that can be assigned to a specific claim. The Unallocated (ULAE) reserve is for all other overhead expenses and costs that can’t be assigned to a specific claim.
                        Mathematical ReserveProvisions created for long term insurance contracts (Insurance of Persons and Fund Accumulation operations products more than one year) to cover all future claim liabilities as determined by the Actuary.
                        External AuditorThe External auditor licensed to operate in the State.
                        Authority ExaminersEmployees of the Authority, or delegated personnel, authorized to perform examination and inspection of Company records, transactions and documents.
                        Insurance AgentThe person approved and authorized by the Company to carry out insurance operation on its behalf or in behalf of any branch thereof.
                        BeneficiaryThe person who acquired the rights of the insurance contract at the start or these rights that have been legally transferred thereto.
                        Unit Linked Insurance PoliciesInsurance plans that provide the option to invest in any number of qualified investments, such as stock, bonds, mutual funds.
                          
                          

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                         

                        • Article (1)

                          The following words and expressions shall bear the meaning indicated beside each one of them unless the context provides otherwise:

                          State: The United Arab Emirates.

                          Law: Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance Operations and its amendments.

                          Executive Regulation: the Executive Regulation of the Federal Law.

                          Authority The Insurance Authority.

                          Board: The Insurance Authority Board of Directors.

                          Director General: The Director General of the Insurance Authority.

                          The Company: The insurance company incorporated in the state or a branch of a foreign insurance company, licensed to carry out insurance operations in the State either through a branch or an insurance agent, including Takaful Insurance Companies.

                          Financial Regulations: Board of Directors' Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and Board of Directors' Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies, as the case may be.

                          Investments: The act of investing, laying out money or capital by a Company with the expectation of profit or the process of investing or engaging funds or capital by the Company with the aim of achieving an expected profit, provided that this is compliant with the Islamic Shari'a provisions, as the case may be.

                          Investment limits: The limits of Asset distribution and allocation stipulated in the Financial Regulations.

                          Minimum Capital Requirement: The minimum capital required to be maintained by a Company at all times as directed by the Authority.

                          Solvency Capital Requirement: Funds that the Company must maintain to cover current and projected operations during the next twelve months, which are measured to ensure that all quantitative risks have been taken into account.

                          Minimum Guarantee Fund: Funds that the Company must maintain to cover current and projected operations during the next twelve months, which is at least one third of the Solvency Capital Requirement or as determined by the Authority.

                          Associate companies: The Company in which the insurance company owns 20% to 50% and has a significant effect on its decisions and in accordance with International Financial Reporting Standards.

                        • Second Article - Glossary Application

                          The Glossary mentioned in the first article of this Section should be applied to all regulations and provisions identified in Part One and Part Two of these regulations.

                        • Third Article - Regulations Application

                          The provisions of the regulations herein should be applied to insurance companies incorporated in the State and the foreign insurance companies licensed to practice the activity in the State.

                    • Part One: Financial Regulations for Insurance Companies

                      • Scope of Application

                        • Article (2) Applicability of the Decision

                          The provisions of the decision herein shall apply to all branches of foreign insurance companies licensed in the State, including the branches of the Takaful insurance companies and the branches of reinsurance companies and shall be read along with the Financial Regulations.

                          • Fourth Article - Financial Regulations

                            The Financial Regulations for Insurance Companies include the following sections:

                            Section 1:Regulations Pertinent to the Basis of Investing the Rights of the Policyholders
                            Section 2:Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund
                            Section 3:Regulations Pertinent to the Basis of Calculating the Technical Provisions
                            Section 4:Regulations Pertinent to Determining the Company's Assets that Meet the Accrued Insurance Liabilities.
                            Section 5:Regulations Pertinent to the Records which the Company shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority
                            Section 6:Regulations Pertinent to the Principles of Organizing Accounting Books and Records of Each of the Companies, Agents and Brokers and Determining Data to be maintained in these Books and Records
                            Section 7:Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements
                            • Article (2)

                              1: The Company shall implement the provisions contained in this decision when applying the Asset distribution and allocation limits contained in Chapter I of the financial Regulations.

                              2: The provisions of this Decision shall be read in conjunction with the financial Regulations and shall be deemed complementary thereto.

                              • Section 1 Regulations Pertinent to the Basis of Investing the Rights of the Policyholders

                                • Article (1) - General Requirements for Investments

                                  The Company shall apply the following rules in investments operations:

                                  1. The Company must ensure that the assets are diversified and adequately spread and allow the Company to respond adequately to changing economic circumstances. In particular for developments in the financial and real estate markets or major catastrophic events; the Company must assess the impact of irregular market circumstances on its assets and must diversify the assets in such a way as to reduce such impact.
                                     
                                  2. Investments in products or instruments issued by the same issuer or by issuers belonging to the same group must not expose the Company to excessive risk concentrations. Limits defined for asset class and counterparty are defined in Article (3) and should be adhered to.
                                     
                                  3. An active Investment Committee should be in place to ensure there is adequate segregation of duties between execution, recording, authorization, reconciliation and related assurance.
                                     
                                  4. For the purpose of matching of Assets and Liabilities subject to paragraph (6) of this Article, the assets held by a Company to cover its technical provisions and all other long-term insurance liabilities must:
                                     
                                    • Have characteristics of safety, yield and marketability which are appropriate to the type of business carried on by the Company; and
                                       
                                    • Be diversified and adequately spread.
                                       
                                  5. The assets referred to in paragraph (4) must be of a sufficient amount, and of an appropriate currency and maturity, to ensure that the cash inflows from those assets will meet the expected cash outflows from the Company's insurance liabilities as they become due.
                                     
                                  6. For the purpose of paragraph (4), a Company must take into consideration any options which exist in the Company's insurance contracts when determining expected cash outflows.
                                     
                                  7. For the purpose of these regulations, paragraph (4) does not apply to assets held to cover unit-linked liabilities, except where the respective long-term insurance contract in question includes a guarantee of investment performance or some other guaranteed benefits, paragraph (4) will nevertheless apply to assets held to cover that guaranteed element.
                                     
                                  8. Further guidance for investments in Addendum (1) of the regulations herein shall be applied.
                                • Article (2) - General Rules for Investment Policy

                                  1. To ensure proper investment of funds, each Company must put in place investment and risk management policies that are in line with the risk appetite set by the Board of Directors of the Company. The investment and risk management policies shall be approved and reviewed on an annual basis by the Board of Directors and cover overall investment strategy and proper risk management systems, including oversight mechanisms.
                                     
                                  2. The risk management systems must cover the risks associated with investment activities that may affect the coverage of insurance liabilities and capital adequacy. The main risks include market, credit and liquidity risks.
                                     
                                  3. Appropriate procedures shall be in place to monitor and ensure that the asset limits and counterparty concentration limits are as directed in Article (3) and are being adhered to.
                                     
                                  4. An appropriate process to assess the credit-worthiness of counterparties to whom the Company is significantly exposed to in large transactions must be in place.
                                     
                                  5. The Company shall establish a stress testing framework and policy for all its investments (including regular stress testing for a range of market scenarios and changing investment and operating conditions, like socio-economic or regulatory changes, in order to assess the appropriateness of asset allocation limits) and stress testing is to be performed at least annually as per the Company policy.
                                     
                                  6. Branches of Foreign Insurance Companies need to demonstrate in all cases to the authority that the stress testing framework and policy for investments are established at the head office level which shows the UAE operations.
                                     
                                  7. The Authority may impose requirements on an individual Company to invest in a specified manner, or restrict or prohibit a Company from investing in certain asset classes or individual asset to safeguard insurance funds. Such requirements, restrictions or prohibitions will form part of supervisory actions as a result of the Authority assessment of a Company's risk profile and investment risk management practices.
                                     
                                  8. The Company shall have a separate investment strategy for Life (Insurance of Persons and Fund Accumulation operations) and Non-Life (Property and Liability insurance) operations in situations where both businesses are undertaken by the same entity.
                                     
                                  9. The Company shall document its Contingency Funding Plan, to address how it will meet its current and future insurance liabilities in case it does not have adequate assets or liquidity of assets to honor its current and future insurance liabilities. The Company shall address the events or circumstances identified in the Contingency Funding Plan. The Contingency Funding Plan is an internal document that should be made available to the Authority upon request.
                                     
                                  10. Further guidance on the Investment policy in Addendum (2) of the regulations herein shall be applied.
                                • Article (3) - Asset Distribution and Allocation Limits

                                  1. For asset distribution and allocation limits, the following apply:
                                    Type of Invested AssetMaximum Limit for aggregate exposure in a particular asset classSub-limit for exposure to a single counter-party
                                    Real Estate30%No Sub Limit
                                    Equity instruments in listed and not listed companies within UAE.30%10%
                                    Equity instruments issued by companies listed and not listed outside UAE.20%10%
                                    Government securities/instruments issued by the UAE and/or by one of the Emirates in the UAE.100%25%
                                    Government securities/instruments issued by (A) rated countries.80%25%
                                    Cash and deposits with Banks in the UAE (e.g. current account, demand deposits, term deposits, notice deposits, certificates of deposit, etc.)Minimum 5%50%
                                    Loans secured by life policies (excluding unit-linked funds' related policies) issued by the Company.30%No Sub Limit
                                    Derivatives or complex financial instruments to be used for hedging purposes only.1%No Sub Limit
                                    Secured loans, deposits with non-banks, debentures, bonds & other debt instruments which are rated strong or very strong by reputed and independent rating agency.30%20%
                                    Other Invested Assets10%No Sub Limit
                                  2. The above limits shall be applicable for Total Invested Assets.
                                     
                                  3. For the purpose of the application of the limits contained in paragraph (1) of this Article, real estate shall be at market value. As an exception to what is stated in paragraph (1) of this Article, the Authority may allow, in specific cases, insurance companies to invest in real estate with a maximum of up to 40% on the basis of a request from the Company stating the reasons for the exception along with an investment risk analysis report as described in Article (10) of the regulation herein.
                                     
                                  4. As an exception to what is stated in paragraph (1) of this Article, Derivative limits may exceed 1% if employed to hedge against currency fluctuation only.
                                     
                                  5. Statutory Deposits provided as collateral for the Company to fulfill its obligations are excluded from the concentration and asset allocation limits listed in paragraph (1) of this Article.
                                     
                                  6. The limits mentioned in this Article are not applicable to unit-linked funds.
                                     
                                  7. For branches of Foreign Insurance Companies, the limits mentioned in paragraph (1) of this Article, shall be applicable to the assets backing the insurance fund for UAE policies only.
                                     
                                  8. Strong and very strong rating by an independent agency for investments inside or outside UAE would mean ratings equivalent to or better than following weighted average ratings for each asset class portfolio:
                                    S&PFitchA.M. BestMoody's
                                    AAAA2
                                • Article (4) - Compliance Period for Concentration and Asset Allocation Limits

                                  1. A Company not in compliance with the limits of assets in real estate listed in paragraph (1) of Article (3) will have three (3) years to comply with the limits effective from the day following the date of publication of these regulations in the Official Gazette.
                                     
                                  2. The compliance period is two (2) years for Companies not in compliance with the limits other than real estate listed in paragraph (1) of Article (3), effective from the day following the date of publication of these regulations in the Official Gazette.
                                • Article (5) - Investment Related Risks

                                  1. For the purpose of this Article, “Investment Risk” refers to the possibility of an adverse movement in the value of a Company's on-balance sheet assets or certain off-balance sheet obligations. Investment risk derives from a number of sources including market risk, credit quality risk, investment concentration risk, and liquidity risk, as well as risk associated with the use of derivatives.
                                     
                                  2. The Company's Board of Directors shall endorse policies and procedures regarding the risks detailed in Addendum (3) to be implemented by its senior management, who shall take adequate steps to disseminate the policy and train the relevant staff such that they can effectively implement the policies and procedures.
                                     
                                  3. Further guidance on investment related risks in Addendum (3) of the regulations herein shall be applied.
                                • Article (6) - Domiciling of Investments

                                  1. The Company is permitted to hold, for the purpose of investment, assets of its insurance fund for UAE policies in a foreign jurisdiction with a sovereign rating which is better or at least equivalent to the sovereign rating of the UAE. Total invested assets held outside the UAE shall not exceed 50% of the total invested assets or 100% of the total technical provisions for policies outside the UAE only (excluding unit-linked funds), whichever is greater.
                                     
                                  2. This restriction in terms of the location and value of invested assets held outside the UAE is applicable to both the insurance fund for UAE policies and the shareholders' fund, notwithstanding whether the invested assets are held to support the solvency margin.
                                     
                                  3. The restriction in terms of the location and value of invested assets held outside the UAE for branches of Foreign Insurance Companies is applicable to the insurance fund for the UAE policies only, notwithstanding whether the invested assets are held to support the solvency margin.
                                     
                                  4. The Company shall at all times invest inside the UAE the assets required to match the technical provisions, for policies inside the UAE only, with consideration of Article (2) of Section (3) in regards to the Regulations Pertinent to the Basis of Calculating the Technical Provisions.
                                     
                                  5. The above domiciling investment limits are not applicable to unit-linked funds.
                                • Article (7) - Derivatives

                                  1. Companies are allowed to engage in derivative activities for hedging purposes where such derivative transactions are identified with the corresponding risk exposures being hedged, and the risks associated with such derivative transactions are insignificant and remote given the risk reduction benefits that can reasonably be expected from the transactions.
                                     
                                  2. Derivative positions which no longer meet the hedging intent shall be closed out promptly.
                                     
                                  3. Further guidance on derivatives in Addendum (4) of the regulations herein shall be applied.
                                • Article (8) - Investment Outsourced Activities

                                  The Company is entitled to engage with a third party inside the UAE to execute and manage its investment policy, provided that:

                                  1. The policies, procedures and limits for the outsourced party must meet the same objectives of the Company's investment policies and procedures approved by its Board of Directors.
                                     
                                  2. The arrangements for outsourcing the investment activities to the third party are in compliance with supervisory expectations specified by the Authority.
                                     
                                  3. The Company is responsible for the management of investment activities with an authorized third party.
                                     
                                  4. The Company provides the Authority with a copy of the agreement with the third party and any amendments thereto and any other requirements as requested by the Authority.
                                     
                                  5. Further guidance on investment outsourced activities in Addendum (5) of the regulations herein shall be applied.
                                • Article (9) - Borrowed Funds

                                  The Company shall not utilize borrowed funds for the purpose of investments to cover Gross Technical provisions, Minimum Capital Requirement, Minimum Guarantee Fund and Solvency Capital Requirement. For this purpose, borrowed funds include bank loans and other debt instruments, but it does not include Surplus Bonds issued to raise working capital in lieu of Shares.

                                • Article (10) - Reporting Requirements to the Authority

                                  1. The Company shall submit to the Authority a quarterly report and analysis of its investment portfolio classified as per the regulations in Article (3) of this Section, and authenticated by its External Auditor, the deadline for the submission of these reports to be within (45) days from the end of the quarter period.
                                     
                                  2. The Company shall submit to the Authority an annual risk analysis report of its investment portfolio, strategy and management process which is certified by the Actuary, authenticated by the External Auditor and endorsed by the Chairman of the Board of Directors. The timeline for submission of this report will be at the same time as the submission of the audited annual financial results. The risk analysis report should include, but is not limited to, the following:
                                     
                                    1. A summary of the overall investment strategy as outlined in Addendum (2);
                                       
                                    2. Analysis of the investment portfolio classified as per the regulations in Article (3) above; and
                                       
                                    3. Analysis of the Market and Liquidity (Investment) Risk and Credit Risk, including scenario / stress testing, as outlined in Addendum (3).
                                • Article (11) - Addendums

                                  The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                                  • Addendums to Section 1 Basis of Investing the Rights of the Policyholders

                                    • Addendum (1)

                                      1. The investment portfolio shall consider the type of business carried out by the Company, in particular the nature, amount and duration of expected claim payments, in such a way as to secure the sufficiency, liquidity, security, quality, profitability and matching of its assets.
                                         
                                      2. With respect to the whole portfolio of assets, the Company shall only invest in assets and instruments whose risks can be properly identified, measured, monitored, managed, controlled and reported thereof, and appropriately take into account in the assessment of its overall solvency needs as detailed in the Solvency Margin and Minimum Guarantee Fund regulations.
                                         
                                      3. All assets, in particular those covering the Minimum Capital Requirement, Solvency Capital Requirement and Minimum Guarantee Fund, shall be invested in such a manner as to ensure the security, quality, liquidity and profitability of the portfolio as a whole. In addition the localization of those assets shall be as such to ensure their availability.
                                         
                                      4. Assets held to cover the technical provisions shall also be invested in a manner appropriate to the nature and duration of the insurance and reinsurance liabilities. Those assets shall be invested in the best interest of all policyholders and beneficiaries taking into account any disclosed policy objective.
                                         
                                      5. Wherever possible, the Company must use ‘mark-to-market' to measure the value of the investments.
                                         
                                        1. When using ‘mark-to-market', the Company must use the more prudent side of bid/offer unless the Company is a significant market maker in a particular position type and it can close out at the mid-market price.
                                           
                                        2. When calculating the current exposure value of a credit risk or exposure for counterparty credit risk purposes:
                                           
                                          1. The Company must use the more prudent side of bid/offer or the mid-market price and the Company must be consistent in applying the basis it chooses; and
                                             
                                          2. If the difference between the more prudent side of bid/offer and the midmarket price is material, the Company must consider making adjustments or establishing reserves.
                                             
                                      6. When ‘mark-to-market' is not possible, the Company must use ‘mark-to-model' to measure the value of the investments. Marking to model is any valuation which has to be benchmarked, extrapolated or otherwise calculated from a market input as follows:
                                         
                                        1. When the model used is developed by the Company, that model must be:
                                           
                                          1. Based on appropriate assumptions which have been assessed and challenged by suitably qualified parties independent of the development process;
                                             
                                          2. Independently tested, including validation of the mathematics, assumptions, and software implementation;
                                             
                                          3. Independently certified by an Actuary; and
                                             
                                          4. Developed or approved independently by the Investment Committee.
                                             
                                        2. The Company's senior management must ensure that the Investment Committee, or its equivalent in the governance structure of Foreign Insurance Companies, is aware of the positions which are subject to the ‘mark-to-model' valuation and understand the materiality of the uncertainty this creates in the reporting of the performance of the business of the Company and the risks to which it is subject.
                                           
                                        3. The Company must source market inputs in line with market prices as far as possible and assess the appropriateness of the market inputs for the position being valued and the parameters of the model on a frequent basis.
                                           
                                        4. The Company must use generally accepted valuation methodologies for particular products where these are available.
                                           
                                        5. The Company must establish formal change control procedures, hold a secure copy of the model, and periodically use that model to check valuations.
                                           
                                        6. The Company must ensure that its risk management function personnel are aware of the weaknesses of the models used and how best to reflect those in the valuation output.
                                           
                                        7. The Company must periodically review the model to determine the accuracy of its performance. Examples of periodic review include assessing the continued appropriateness of the assumptions, analysis of profit and loss versus risk factors and comparison of actual close out values to model outputs.
                                           
                                        8. The market valuation of the investment in real estate shall be performed as follows for the calculation of Admissible Assets:
                                           
                                          1. One independent real estate firm shall perform the revaluation of the investment in real estate for investments worth less than AED 30 million.
                                             
                                          2. Two independent real estate firms shall perform the revaluation of the investment in real estate for investment worth more than AED 30 million; the average of both valuations will be accounted for. If needed a third firm could be employed to perform the valuation in case the difference between the first two firms was more than 20% of the lowest valuation. Accordingly, the valuation will be calculated based on the average of the two firms negating the valuation with the largest of the three excluded.
                                             
                                          3. The independent real estate firms should be a technical expert for valuation of investment in real estate.
                                             
                                          4. The valuation of the real estate shall be performed by the Company at least annually or as required by the Authority.
                                             
                                          5. The same independent real estate firm shall not be appointed for two consecutive periods to perform the valuation of the same estate. This restriction doesn't apply to the government-based Land Department.
                                             
                                          6. For real estate valuation purposes, the Company shall hire real estate firms accredited by at least two banks operating in the State or real estate experts licensed for this matter or the government-based Land Department.
                                             
                                        9. The discounted cash flow valuation of the investment in real estate shall be performed as follows for the purpose of calculating the Solvency Margin requirements:
                                           
                                          1. Estimate the value of annual rental income over the expected life of the property, not to exceed thirty (30) years.
                                             
                                          2. The total rental income per year shall be reduced to account for a reasonable vacancy rate for similar properties.
                                             
                                          3. The total rental income per year shall not be increased in future years for inflation.
                                             
                                          4. The annual rental income shall be discounted at the current risk free rate to determine the total cash flow valuation.
                                      • Addendum (2)

                                        1. The policy on overall investment strategy shall cover, at least, the following elements:
                                           
                                          1. The investment objectives, both at Company and fund-specific levels;
                                          2. The risk and liability profiles of the Company;
                                          3. The strategic asset allocation, i.e., the long-term asset mix for the main investment categories, and their respective limits;
                                          4. The extent to which the holding of certain types of assets is restricted or disallowed, such as illiquid or highly volatile assets; and
                                          5. An overall policy on the usage of derivatives and structured products.
                                             
                                        2. The Company should have in place a Board of Directors (BOD) level Investment Committee. The Investment Committee should have its own charter, investment policy and guidelines approved by the BOD. The Investment Committee can act as a management committee with members of the Investment Committee being elected by the Board of Directors. Members can be executive directors, executive management or members of any of the committees established by the Board of Directors. At a minimum, the Investment Committee shall be responsible for:
                                           
                                          1. Establishing the investment strategy and policy for approval by the Board of Directors;
                                          2. Setting the investment guidelines;
                                          3. Reviewing / monitoring the investments;
                                          4. In conjunction with the Audit Committee, determining the scope of the rigorous audit procedures that include full coverage of the investment activities to ensure timely identification of internal control weaknesses and operating system deficiencies; and
                                          5. Assisting the Board of Directors in its evaluation of the adequacy and efficiency of the investment policies, procedures, practices and controls applied in the day-today management of its business through an audit report (either independent internal or external) that is to be submitted to the Audit Committee.
                                             
                                        3. Senior management is responsible for managing and reviewing the investment policies of the Company and reporting the same to the Investment Committee. The function of senior management with the responsibility of executing the investment policy is to:
                                           
                                          1. Manage and review the investment policies of the Company and reporting the same to the Investment Committee;
                                          2. Ensure proper implementation of investment policies, procedures, practices and controls approved by the Investment Committee are applied in the day-to-day management of its business in accordance with the established levels of risk appetite;
                                          3. Provide timely and regular reporting to the Investment Committee of the Company's investment activities;
                                          4. Establish adequate internal controls to ensure that assets are managed in accordance with approved investment policies, and in compliance with legal, accounting and relevant risk management requirements. These controls shall ensure that investment procedures are documented and subject to effective oversight; and
                                          5. Ensure adequate segregation of duties between execution, recording, authorization, reconciliation and related assurance activities.
                                             
                                        4. The Company shall establish adequate internal controls to ensure that assets are managed in accordance with approved investment policies, and in compliance with legal, accounting and relevant risk management requirements. These controls shall ensure that investment procedures are documented and subject to effective oversight. There shall be in place adequate segregation of duties between execution, recording, authorization, reconciliation and related assurance.
                                           
                                        5. The Company shall have in place audit procedures that include full coverage of the investment activities to ensure timely identification of internal control weaknesses and operating system deficiencies. If the audit is performed internally, it shall be independent and shall report to the Audit Committee, or its equivalent in the governance structure of Foreign Insurance Companies.
                                           
                                        6. The Company shall consider the following, along with the supporting policies, procedures and infrastructure, when adopting internal controls:
                                           
                                          1. Identification of personnel who are responsible and accountable for all transactions involving sales and purchase of assets;
                                          2. Observations of restrictions on the empowerment of all parties to enter into any particular transaction. This will require close and regular communication with those responsible for compliance, legal and documentation issues in the Company;
                                          3. Agreement from all parties of a given transaction with the terms of the deal. Procedures for sending, receiving and matching confirmations shall be independent from the issuance and marketing functions of the insurance policies;
                                          4. Formal documentation is completed promptly;
                                          5. Positions are properly settled and reported, and any late payments or late receipts are identified;
                                          6. All transactions are carried out in conformity with prevailing market terms and conditions;
                                          7. Authority limits are strictly enforced and all breaches are reported and remedial actions are taken promptly;
                                          8. Independent checking of rates or prices and choice of rates shall not solely rely on dealers for rate/price information;
                                          9. Set out the process for recommending, approving, and implementing decisions; and
                                          10. Prescribe the frequency and format of reporting to relevant internal and external authorities.
                                             
                                        7. Appropriate procedures shall be in place to enable the Company to monitor the interaction of its assets and liabilities to ensure that exposure to asset classes is contained within limits approved by the Company. The Company must define the exposure limits. The Company must ensure that the exposure limits are within the limits defined in paragraph (1) of Article (3). Procedures shall include testing of sensitivity to realistic scenarios that are relevant to the circumstances of the Company.
                                           
                                        8. Appropriate procedures shall be in place to enable the Company to monitor the location of its assets and liabilities, so as to ensure that risk of localization mismatch is contained within limits approved by the Company. Procedures shall include testing of sensitivity to realistic scenarios, including political risk scenarios that are relevant to the circumstances of the Company.
                                           
                                        9. The Company shall consider asset and liability risks on an integrated basis. Systems shall not consider only risks taken in isolation, but shall consider how even when individual risks are addressed, combinations of circumstances may still expose the Company to loss. This is of particular relevance where a single outcome is exposed to more than one risk.
                                        • Addendum (3)

                                          1. Liquidity Risk
                                             
                                            1. The Company shall have access to sufficient liquidity to meet all cash outflow commitments to policyholders (and other creditors) as and when they fall due.
                                            2. The risk management system for liquidity risk will normally include at least the following:
                                               
                                              1. Procedures to identify and control the level of mismatch between expected asset and liability cash flows under normal and stressed operating conditions (using realistic scenarios relevant to the circumstances of the Company);
                                              2. Procedures to monitor the liquidity of assets;
                                              3. Procedures to identify and monitor commitments to meet liabilities including Insurance liabilities;
                                              4. Procedures to monitor the uncertainty of incidence, timing and magnitude of Insurance liabilities;
                                              5. Procedures to identify and monitor the level of liquid assets held by the Company; and
                                              6. Procedures to identify and monitor other sources of funding including reinsurance, borrowing capacity, lines of credit and the availability of intragroup funding, and to identify the need for such sources to be made available.
                                                 
                                            3. When assessing its liquidity requirements the Company shall also consider the currency in which the assets and liabilities are denominated, and the locations in which those assets and liabilities are situated or payable.
                                               
                                            4. For the purposes of determining the adequacy of its overall financial resources, the Company must carry out appropriate stress testing and scenario analysis, including taking reasonable steps to identify an appropriate range of realistic adverse circumstances and events in which liquidity risk might occur or crystallize.
                                               
                                            5. The choice of scenarios that the Company uses will depend on the nature of its activities. For the purposes of testing liquidity risk, however, the Company shall normally consider scenarios based on varying degrees of stress and both Company-specific and market-wide difficulties.
                                               
                                            6. The Company shall review frequently the assumptions used in stress testing scenarios to gain assurance that they continue to be relevant.
                                               
                                          2. Credit Risk

                                            The Company faces Credit risk whenever it is exposed to loss if another party fails to perform its financial obligations to the Company, including failing to perform them in a timely manner. This also includes the impact on investments of credit rating downgrades and widening of credit spreads. Credit exposures can increase the risk profile of a Company and adversely affect financial viability. Credit exposure includes both on-balance sheet and off-balance sheet exposures (including guarantees, derivative financial instruments and performance related obligations) to single and related counterparties.

                                            The risk management system for credit risk will normally include at least the following:

                                            1. Credit Risk Limits (at the minimum as defined in Article (3) for credit exposures to:
                                              1. Single counterparties and groups of related counterparties;
                                              2. Entities to which the Company is related;
                                              3. Single industries; and
                                              4. Single geographic locations.
                                                 
                                            2. Processes to monitor and control credit exposures against pre-approved limits.
                                               
                                            3. Processes for identifying breaches of limits and for ensuring that breaches of limits are brought within the pre-approved limits within a set timeframe.
                                               
                                            4. Processes for reducing or cancelling limits to a particular counterparty where the counterparty is known to be experiencing problems.
                                               
                                            5. Processes for approving requests for temporary increases in limits.
                                               
                                            6. Processes to review credit risk exposures (at least annually but more frequently in cases where there is evidence of deterioration in credit quality).
                                               
                                            7. A management information system that is capable of aggregating exposures to any one counterparty (or group of Related counterparties), asset class, industry or region in a timely manner.
                                               
                                            8. A process for reporting to the Board of Directors and senior management:
                                               
                                              1. Significant breaches of limits; and
                                              2. Large exposures and other credit risk concentrations.
                                                 
                                          3. Market Risk
                                             
                                            1. Market risk includes equity risk, foreign exchange (FX) risk, commodity risk and interest rate risk.
                                               
                                            2. The risk management system for market risk will normally include at least the following:
                                               
                                              1. Procedures to document its policy for market risk, including its risk appetite and how it identifies, measures, monitors and controls that risk;
                                                 
                                              2. Procedures to document its asset and liability recognition policy. Documentation shall describe the systems and controls that it intends to use to comply with the policy; and
                                                 
                                              3. Procedures to establish and maintain risk management systems to identify, measure, monitor and control market risk (in accordance with its market risk policy), and to take reasonable steps to establish systems adequate for that purpose.
                                          • Addendum (4)

                                            1. Investment in derivatives must contribute to a reduction of investment risks or facilitate efficient portfolio management and such investments must be valued on a prudent basis, taking into account the underlying assets, and included in the valuation of the Company's assets. Investments in derivatives should be restricted to hedging purposes only. The Company must avoid excessive risk exposure to a single counterparty and to other derivative operations.
                                               
                                            2. Prior to undertaking any derivative transactions, the Board of Directors of the Company is expected to ensure that:
                                               
                                              1. It understands the scope and nature of derivative activities to be undertaken;
                                                 
                                              2. The derivative transactions are consistent with the investment and risk management policies of the Company;
                                                 
                                              3. Approved policies, systems and procedures that are commensurate with the level and nature of derivative activities to be undertaken by the Company are in place and have been clearly communicated to all levels of staff concerned; and
                                                 
                                              4. The Company has appropriate resources (e.g., competent, capable and qualified personnel), capacity and adequate infrastructure to effectively manage and monitor derivative positions.
                                                 
                                            3. The Company shall ensure that controls over derivatives and other investment instruments have been implemented and are adequate to ensure that risks are properly assessed, regularly reviewed in the light of changing market conditions and experience, and consistent with the overall investment strategy decided upon and approved by the Company.
                                               
                                            4. The senior management of the Company shall put in place a written risk management policy, approved by the Board of Directors. In respect of derivative activities, the risk management policy shall cover the following primary components of risk management practices:
                                               
                                              1. The purpose for which derivatives may be used;
                                                 
                                              2. The scope and types of permitted derivatives, including the risk tolerance level in respect of its derivative activities;
                                                 
                                              3. Procedures for the proper authorization of any change in significant risk management policies or procedures;
                                                 
                                              4. Procedures on authorization of new derivative products for use by the Company;
                                                 
                                              5. Restrictions on counterparties with whom derivative transactions may be executed;
                                                 
                                              6. Details on persons authorized to enter into derivative transactions and limits of authority;
                                                 
                                              7. Clear lines of responsibility for the monitoring and management of the Company's derivative positions;
                                                 
                                              8. Procedures for regular reporting to senior management and the Board of Directors on derivative activities; and
                                                 
                                              9. A provision for periodic review by the Board of Directors and senior management of the Company's risk management policy to gauge its effectiveness in managing risk exposures and to ensure that the policy remains consistent with the Company's corporate strategies and financial and management capabilities, particularly in the light of changing circumstances.
                                            • Addendum (5)

                                              1. The Company must establish comprehensive policies and procedures to govern the strategic investment policy of any outsourced insurance funds, establish an effective risk management system to monitor and continuously assess material risks, and for the insurance funds to be segregated and not co-mingled with other funds managed by the outsourced entity. The Company must regularly monitor the performance of the outsourced entity, at least quarterly, and take appropriate actions if the investment performance of the outsourced entity would adversely affect the investment returns to policyholders or their reasonable expectations cannot be achieved.
                                                 
                                              2. For this purpose, the Company must ensure that adequate expertise and resources are retained in-house to support the monitoring function of the outsourced entity. The Company must ensure that, under the terms of the contract, they regularly receive sufficient information to evaluate the compliance of the outsourced entity with the investment mandate. The Board of Directors of the Company shall continue to be accountable to manage the risks arising from the outsourcing arrangements. The Company shall also remain responsible for the fiduciary duty and professional aspects of the outsourced activity.
                              • Section (2) Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund

                                • Article (1) - Minimum Capital Requirement

                                  The Minimum Subscribed and Paid Up Capital of each Company should not be less than the following:

                                  • AED 100 million for an insurance Company.
                                  • AED 250 million for a reinsurance Company.
                                • Article (2) - Minimum Guarantee Fund

                                  1. The Minimum Guarantee Fund shall not be at any point in time less than (1/3) of the Solvency Capital Requirement.
                                     
                                  2. The Minimum Guarantee Fund shall be calculated based on a minimum amount of funds required to support each type of business written by the Company. The minimum funds for each type of business shall include an absolute minimum and a percentage of net earned premium or similar measure, whichever is greater, as determined by the Authority.
                                • Article (3) - Group Capital Adequacy

                                  1. A Group consists of insurance or reinsurance companies and any other regulated entities where the Group owns 100% of the companies' shares or a controlling interest (as per IFRS) of the companies' shares.
                                     
                                  2. The Group capital requirement is the sum of the capital requirements calculated on the consolidated insurance Companies/branches and capital requirements of other regulated entities.
                                • Article (4) - Solvency Margin

                                  1. The solvency template developed by the Authority shall be based on the following principles:
                                     
                                    1. The Solvency Capital Requirement shall be calculated on the presumption that the Company will pursue its business as a going concern.
                                       
                                    2. The Solvency Capital Requirement shall be calibrated so as to ensure that all quantifiable risks to which each Company is exposed are taken into account. It shall cover existing business, as well as the new business expected to be written over the following twelve (12) months. It shall correspond to the Value-at-Risk of the Basic Own Funds of a Company subject to a confidence level of 99.5% over a one year period.
                                       
                                    3. The Solvency Capital Requirement should cover the following risks:
                                       
                                      1. Underwriting risk;
                                         
                                      2. Market and Liquidity (Investment) risk
                                         
                                      3. Credit risk; and
                                         
                                      4. Operational risk.
                                         
                                  2. The Company is required to calculate their Solvency Margin based on the solvency template developed, and amended from time to time, by the Authority.
                                     
                                  3. The Solvency Capital Requirement shall be calculated as follows:
                                     
                                    1. At the UAE level only for branches of foreign insurance and reinsurance Companies;
                                       
                                    2. At the group level for local insurance and reinsurance Companies having branches or subsidiaries outside the UAE; and
                                       
                                    3. At the UAE level only for all other insurance and reinsurance Companies.
                                       
                                  4. For the purpose of solvency reporting, the Authority may:
                                     
                                    1. Determine the nature, scope and format of the information required for solvency, based on certain frequencies as follows:
                                       
                                      1. On an annual basis;
                                         
                                      2. On a quarterly basis;
                                         
                                      3. Upon occurrence of predefined events; and
                                         
                                      4. During enquiries regarding the situation of the Company.
                                         
                                    2. Obtain any information regarding contracts which are held by intermediaries or regarding contracts which are entered into with third parties; and
                                       
                                    3. Require information from external experts.
                                • Article (5) - Risk Assessment and Evaluation of Solvency in Main Areas of Risk

                                  1. When assessing risks and solvency, the Company needs to take into account mainly the following risks: Underwriting Risk, Market and Liquidity (Investment) Risk, Credit Risk and Operational Risk.
                                     
                                  2. Further guidance on risk assessment and evaluation of solvency in main risk areas in Addendum (1) of the regulations herein shall be applied.
                                • Article (6) - Risk Management System

                                  1. The Company shall have in place a documented risk management framework and strategy, risk management policies and procedures, and allocated responsibilities and controls.
                                     
                                  2. The Company shall establish a stress testing framework and policy.
                                     
                                  3. Further guidance on the risk management system and framework in Addendum (2) of the regulations herein shall be applied.
                                • Article (7) - Own Funds

                                  1. Own Funds shall consist of the sum of Basic Own Funds and Ancillary Own Funds.
                                     
                                  2. Basic Own Funds shall consist of the following items:
                                     
                                    1. The excess of Admissible Assets over liabilities (surplus), which shall be reduced by the amount of Treasury shares held by the Company.
                                       
                                    2. Subordinated liabilities (group level debt in a holding company with the prior approval of the Authority).
                                       
                                  3. Ancillary Own Funds shall consist of items other than Basic Own Funds which can be called up to absorb losses, with the prior approval of the Authority. Ancillary Own Funds may comprise the following items to the extent that they are not Basic Own Funds items:
                                     
                                    1. Unpaid share capital or initial fund that has not been called up;
                                       
                                    2. Letters of credit and guarantees; and
                                       
                                    3. Any other legally binding commitments receivable by the Company.
                                       
                                  4. In case of a Company with variable contributions, Ancillary Own Funds may also comprise any future claims which that Company may have against its members by way of a right to call for supplementary contribution, within the following twelve (12) months.
                                     
                                  5. Where an Ancillary Own Funds item has been paid in or called up, it shall be treated as an asset and cease to form part of Ancillary Own Funds items.
                                     
                                  6. At least 100% of the Minimum Capital Requirement should be met by the Basic Own Funds.
                                     
                                  7. At least 100% of the Solvency Capital Requirement and Minimum Guarantee Fund should be met by the Own Funds, which is calculated as the Basic Own Funds plus only 50% of the Ancillary Own Funds.
                                • Article (8) - Maintenance of Solvency Margin

                                  1. The Company shall at all times comply with the requirements of the Solvency Margin, which means maintaining Own Funds as per Article (7) above for the largest of the following:
                                     
                                    1. Minimum Capital Requirement;
                                       
                                    2. Minimum Guarantee Fund; and
                                       
                                    3. Solvency Capital Requirement.
                                       
                                  2. The Company shall immediately report to the Authority the event of non-compliance with maintaining the Minimum Capital Requirement or Solvency Capital Requirement. In this case, the Company shall submit a realistic recovery plan to re-establish the level of Own Funds covering the Minimum Capital Requirement or Solvency Capital Requirement for approval by the Authority within thirty (30) days from the date of submitting the report. The recovery plan must achieve compliance with the Minimum Capital Requirement or Solvency Capital Requirement within six (6) months of the date of observation of non-compliance with the Minimum Capital Requirement or Solvency Capital Requirement.
                                     
                                  3. The Company shall immediately report to the Authority the event of non-compliance with maintaining the Minimum Guarantee Fund. In this case, the Company shall submit a realistic recovery plan to re-establish the level of Own Funds covering the Minimum Guarantee Fund for approval by the Authority within thirty (30) days from the date of submitting the report. The recovery plan must achieve compliance with the Minimum Guarantee Fund within three (3) months of the date of observation of non-compliance with the Minimum Guarantee Fund.
                                     
                                  4. In the event of non-compliance with either the Minimum Guarantee Fund or Solvency Capital Requirement, the Company shall submit a progress report to the Authority every thirty (30) days following the approval of the recovery plan and until such time that the recovery plan has been realized.
                                     
                                  5. In the event of non-compliance with the Minimum Capital Requirement, the Company shall submit progress reports based on the timing approved by the Authority until such time that the recovery plan has been realized.
                                     
                                  6. In the event of exceptional circumstances, the Authority may extend the recovery period by three (3) months, if appropriate.
                                     
                                  7. In the event that the Company is unable to re-establish the level of Own Funds or fails to show significant progress in re-establishing the level of Own Funds to meet the Solvency Margin within the period identified by the Authority, or in other exceptional circumstances at the discretion of the Authority, the Director General will raise the concern to the Board of the Authority to take the necessary actions in that regard as per the Law's stipulations.
                                • Article (9) - Reporting Requirements for Solvency

                                  1. The Company shall submit to the Authority the solvency template and related information on an annual basis in relation to solvency, including the validation certification of the solvency template by the Actuary and the External Auditor and endorsed by the Chairman of the Board of Directors and submit it to the Authority within a period not exceeding (4) months from the fiscal year end. The report should arrive at the Authority no later than (30) days prior to the invitation to the General Assembly.
                                     
                                  2. The Company shall submit to the Authority a report regarding the Solvency Capital Requirement certified by the Actuary on a quarterly basis, within a period of (45) days from the quarter end.
                                • Article (10) - Reporting Requirements for Financial Condition Report

                                  1. When required by the Authority, the Company shall submit to the Authority a Financial Condition Report (FCR) which is certified by the Actuary and endorsed by the Chairman of the Board of Directors. The requirements of the FCR should include, but is not limited to, the following which could be required separately or as a single complete report:
                                     
                                    1. An actuarial certification of the Technical Provisions as per Section (3), Article (5) (Regulations Pertinent to the Basis of Calculating the Technical Provisions);
                                       
                                    2. A risk-based analysis of its investment portfolio, strategy and management process as per Section (1), Article (10) (Regulations Pertinent to the Basis of Investing the Rights of Policyholders);
                                       
                                    3. An analysis of the Solvency Capital Requirement as per paragraph (1), Article (9) above;
                                       
                                    4. Evaluation of its reinsurance structure and management process;
                                       
                                    5. A risk-based analysis of the underwriting policies and procedures of the Company;
                                       
                                    6. Evaluation of the pricing policies and procedures of the Company; and
                                       
                                    7. Evaluation of the Enterprise Risk Management policies and procedures of the Company.
                                • Article (11) - Limits for Assets to be Considered for Solvency

                                  The Admissible Assets to be considered towards the calculation of solvency shall be valued as follows:

                                  1. The admissible value of all the invested assets shall be restricted as per the limits defined in the Regulations Pertinent to the Basis of Investing the Rights of the Policyholders.
                                     
                                  2. The admissible value of all other assets shall be as required by the Authority.
                                • Article (12) - Addendums

                                  The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                                  • Addendums to Section 2 Solvency Margin and Minimum Guarantee Fund

                                    • Addendum (1)

                                      Risk Assessment and Evaluation of Solvency in Main Areas of Risk

                                      1. Underwriting Risk
                                         
                                        1. The Life underwriting risk module in the solvency template reflects the risk arising from life insurance and fund accumulation obligations, in relation to the perils covered and the processes used in the conduct of business. The module calculates the Solvency Capital Requirement for underwriting risks based on a factor of capital at risk and technical provisions adjusted for reinsurance.
                                           
                                        2. The Non-Life underwriting risk reflects the risk arising from property and liability insurance obligations, in relation to the perils covered and the processes used in the conduct of business. The module calculates the Solvency Capital Requirement in the template based on a higher factor of gross premium or technical provisions adjusted for reinsurance.

                                           
                                      2. Market and Liquidity Risk (Investment) Risk

                                        The market risk shall reflect the risk arising from the level or volatility of market prices of financial instruments which have an impact upon the value of the assets and liabilities of the Company. It shall properly reflect the structural mismatch between assets and liabilities, in particular with respect to the duration thereof. In the template, the Solvency Capital Requirement for this module is calculated as a combination of the capital requirements for the following sub-modules:

                                         
                                        1. The sensitivity of the values of assets, liabilities and financial instruments to changes in the term structure of interest rates, or in the volatility of interest rates (interest rate risk);
                                           
                                        2. The sensitivity of the values of assets, liabilities and financial instruments to changes in the level or in the volatility of market prices of equities (equity risk);
                                           
                                        3. The sensitivity of the values of assets, liabilities and financial instruments to changes in the level or in the volatility of market prices of real estate (real estate risk);
                                           
                                        4. The sensitivity of the values of assets, liabilities and financial instruments to changes in the level or in the volatility of credit spreads over the risk-free interest rate term structure (spread risk); and
                                           
                                        5. Additional risks to a Company, either stemming from lack of diversification in the asset portfolio, or from large exposure to default risk by a single issuer of securities or a group of related issuers (concentration risk)

                                           
                                      3. Credit Risk

                                        The counterparty default risk module in the template reflects possible losses due to unexpected default, or deterioration in the credit standing of the counter-parties and debtors of the Company. The counterparty default risk covers reinsurance arrangements, securitizations and derivatives, cash at bank, cash equivalent, other deposits, unpaid but called up capital, guarantees, letter of credit and receivables from intermediaries and policyholder loans.

                                      4. Operational Risk

                                        The capital requirement for operational risk shall reflect operational risks to the extent they are not already reflected in other risk components. That requirement shall be calibrated to ensure that all quantifiable risks to which a Company is exposed are taken into account. The template calculates the capital based on a higher factor of earned premium or technical provisions.

                                      • Addendum (2)

                                        1. Risk Management is defined as the process of identification, evaluation and economically effective mitigation of past, present or future events or their impact that cause a Company to deviate from its stated objectives whether positively or negatively. These events can impact both the asset and liability side of the Company's balance sheet, the Company's profit and loss account, its cash flows, its earning capacity, profitability, ability to continue as a going concern, reputation and its intellectual and technological capital.
                                           
                                        2. Risk management should be well integrated into the organizational structure and decision making processes and should include the following:
                                           
                                          1. A clear Risk Appetite set by the Board of Directors;
                                             
                                          2. An entity-wide assessment of risks across all risk types, including emerging risks; and
                                             
                                          3. Management information that is timely, consistent and accurate and used for internal and external reporting.
                                             
                                        3. The nature and extent of the systems and controls which a Company needs to maintain will depend upon a variety of factors including:
                                           
                                          1. The nature, size and complexity of its business;
                                             
                                          2. The diversity of its operations, including geographical diversity;
                                             
                                          3. Past experience and historical performance;
                                             
                                          4. The volume and size of its transactions; and
                                             
                                          5. The degree of risk associated with each area of its operations.
                                             
                                        4. The Company shall regularly review its management of risk in the context of relevant internal and external factors and changes in these factors.
                                           
                                        5. The risk management strategy shall cover not only the identification, assessment, control and monitoring of risks but also contingency plans to deal with risks should they materialize, or adverse developments in important areas of risk. This will be augmented by stress and scenario testing tailored to the risk characteristics of the Company including:
                                           
                                          1. The Company shall have in place an effective risk management framework consisting of strategies, processes and reporting procedures necessary to identify, measure, monitor, manage and report the risks on a continuous basis, at an individual and at an aggregated level, to which they are or could be exposed, as well as their interdependencies. The risk management system shall be effective and well integrated into the organizational structure and in the decisionmaking processes of the Company with proper consideration of the persons who effectively run the Company or have other key functions.
                                             
                                          2. The risk management system shall cover the risks to be included in the calculation of the Solvency Capital Requirement, namely:
                                             
                                            1. Underwriting Risk;
                                               
                                            2. Market and Liquidity (Investment) Risk;
                                               
                                            3. Credit Risk; and
                                               
                                            4. Operational Risk.
                                               
                                          3. Moreover it shall cover the risks which are not or not fully included in the calculation thereof. The risk management system shall cover at least the following areas:
                                             
                                            1. Underwriting and reserving;
                                               
                                            2. Asset-liability management;
                                               
                                            3. Investment, in particular derivatives and similar commitments;
                                               
                                            4. Liquidity and concentration risk management;
                                               
                                            5. Operational risk management; and
                                               
                                            6. Reinsurance and other risk-mitigation techniques.
                                               
                                          4. With regard to investment risk, the Company shall demonstrate that it complies with the “prudent person” principle in addition to adherence to Section (4) of these regulations (Determining the Company's assets that meet the accrued insurance liabilities).
                                             
                                          5. The Company shall establish a risk management function which shall be structured in such a way as to facilitate the implementation of the risk management system.
                              • Section (3) Regulations Pertinent to the Basis of Calculating the Technical Provisions

                                • Article (1) - Types of Technical Provisions

                                  The Company shall establish the required technical provisions to meet its obligations towards policyholders and their beneficiaries, including:

                                  1. Unearned Premium Reserves
                                     
                                  2. Unexpired Risk Reserves
                                     
                                  3. Outstanding Loss Reserves
                                     
                                  4. Incurred But Not Reported Reserves
                                     
                                  5. Allocated Loss Adjustment Expense and Unallocated Loss Adjustment Expense Reserves
                                     
                                  6. Mathematical Reserves
                                • Article (2) - Technical Provisions

                                  With regard to Article (6) of Section (1) in these Regulations Pertinent to the Basis of Investing the Rights of the Policyholders, investments equivalent to the total technical provisions for all policies issued inside the UAE shall be maintained as follows:

                                  1. Investments equivalent to the sub-total of the Technical Provisions in paragraphs (1), (2) and (6) of Article (1) above (excluding unit-linked funds' related technical provisions), gross of reinsurance, shall be maintained in the UAE.
                                     
                                  2. Investments equivalent to the sub-total of the Technical Provisions in paragraphs (3), (4) and (5) of Article (1) above (excluding unit-linked funds' related technical provisions), net of reinsurance, shall be maintained in the UAE.
                                • Article (3) - Calculation of Technical Provisions

                                  1. Unearned Premium Reserve (UPR) / Unearned Risk Reserve (URR)
                                     
                                    1. The Unearned Premium Reserve (UPR) shall be calculated linearly (Pro rata basis calendar year from the date of risk inception). Taking into consideration the UPR for Marine Insurance (Cargo - Individual Shipment Only) to be calculated separately as per subparagraph (e) of this Article below.
                                       
                                    2. Where the pattern of the risk over the policy period is clearly non-uniform (e.g., in the case of Engineering Business where the risk usually increases with time) and where reflection of such un-uniformity in the Unearned Premium Reserve calculation would result in a larger reserve, then a larger reserve should be provided. The Actuary should determine which Unearned Premium Reserve method to use in this instance, with reference to the risk profile of the business.
                                       
                                    3. If a Company considers its UPR as inadequate to cover the future liabilities, it should create an Unexpired Risk Reserve (URR) at the line of business level to cover the shortfall in the unearned premium reserve in each line of business. The Unearned Premium Reserve is mandatory but any URR shall be created as needed by line of business. The calculation of the URR should include consideration of the cost of capital or other profit loadings.
                                       
                                    4. In case of the date of initiation of a policy being different from the date of initiation of risk, the UPR should be calculated on a pro-rata basis from the date of initiation of risk.
                                       
                                    5. The UPR is to be provided as a minimum of 25% of the total premium for the year for Marine Insurance (Cargo) (Individual Shipment only). However, should the Actuary be able to justify to the Authority that a lower percentage is more appropriate given the risk profile of the marine polices, then the lower percentage can be used supported by Authority approval.
                                       
                                    6. Actuarial certification shall be required in case of UPR and URR on an annual basis at the minimum.
                                       
                                  2. The Outstanding Loss Reserve (OSLR or case reserves) shall be calculated for each claim reported but outstanding as on the reporting date by the Company. The Actuary shall assess the OSLR based on the overall portfolio by each Line of Business.
                                     
                                  3. Incurred But Not Reported (IBNR)
                                     
                                    1. IBNR shall be provided for all short term products (all Property and Liability insurance products and one year Insurance of person and Fund Accumulation products).
                                       
                                    2. The Actuary shall certify the adequacy of the aggregate Outstanding Loss Reserve (OSLR) and IBNR. In doing so the Actuary shall consider the requirement of providing for any loss adjustment expenses as noted in paragraph (4) of this Article. Such certification shall be carried out on an annual basis at the minimum.
                                       
                                    3. IBNR should be calculated according to the Addendum (1) of the herein regulations.
                                       
                                  4. Allocated Loss Adjustment Expense (ALAE) & Unallocated Loss Adjustment Expense (ULAE) Reserves
                                     
                                    1. ALAE shall be provided for Property and Liability insurance short term products as well as Insurance of Persons and Fund Accumulation short term products. The ALAE reserves can be grouped with the loss reserves (OSLR and IBNR) or accounted separately.
                                       
                                    2. ULAE shall be provided for Property and Liability insurance short term products as well as Insurance of Persons and Fund Accumulation short term products. The ULAE reserves must accrue for all claims handling expenses not included in ALAE.
                                       
                                    3. The Actuary shall certify the adequacy of the aggregate ALAE and ULAE as part of the certification of the overall technical provisions. Such certification shall be carried out on an annual basis at the minimum.
                                       
                                  5. Mathematical Reserve
                                     
                                    1. Mathematical Reserve shall be provided for all operations related to insurance of persons and Fund Accumulation. An actuarial certification on Mathematical Reserve is required at least annually to be submitted to the Authority.
                                       
                                    2. Mathematical Reserve should be calculated according to the Addendum (2) of the herein regulations.
                                       
                                  6. Appropriate credit for reinsurance should be computed for all the above reserves, so that the Technical Provisions are calculated both gross and net of all applicable reinsurance.
                                • Article (4) - Actuarial Requirements for Technical Provisions

                                  The following provisions apply to the actuarial requirements for technical provision:

                                  1. The Board of Directors shall appoint an Actuary who is registered by the Authority. The Company should inform the Insurance Authority of the Actuary appointed and any subsequent change to the Actuary with reasons for change to be notified to the Authority.
                                     
                                  2. The Actuary shall review and approve the Company’s Technical Provisions, both gross and net of reinsurance. 
                                     
                                  3. The Actuary shall assess the quality of the data which is used for the calculation of the Technical Provisions to ensure it is appropriate for the purpose of calculating the Technical Provisions. The responsibility for ensuring the accuracy of the data lies with the management of the Company.
                                     
                                  4. The Actuary shall be professionally liable for the advice and technical services provided to the Company.
                                     
                                  5. The Actuary shall provide the Insurance Authority with an annual report that presents the immediate or future risks facing the Company. The Actuary's report can cover any aspect, which in the Actuary's opinion constitutes a contravention of the insurer's ability or prejudices the insurer's ability to meet its liabilities and capital adequacy currently or in the future.
                                     
                                  6. An External Auditor shall review the actuarial reports that present immediate or future risks facing the Company, and provide their opinion on the risks mentioned in the actuarial report to the Authority.
                                • Article (5) - Reporting Requirements to the Authority

                                  1. The Company shall report quarterly to the Authority the details of the Technical Provisions which is certified by the Actuary within a period of forty-five (45) days from the quarter end; and
                                     
                                  2. The Company shall submit annually to the Authority a report on the details of the Technical Provisions which is certified by the Actuary, authenticated by the External Auditor and endorsed by the Chairman of the Board of Directors. The timeline for the annual submission of the Technical Provisions will be at the same time as the submission of the audited annual financial results.
                                • Article (6) - Addendums

                                  The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                                  • Addendums to Section 3 Basis of Calculating the Technical Provisions

                                    • Addendum (1)

                                      When calculating the Incurred But Not Reported (IBNR) provisions the following should be considered:

                                      1. There shall be sufficient data available with the Company to facilitate the IBNR calculation. The Company's management shall be responsible to certify the completeness, appropriateness and accuracy of the insurance data to be used for the calculation of the IBNR.
                                         
                                      2. The Company will use actuarial methods that are applicable depending on size, scale and complexity of business. The Actuary shall provide adequate explanation to the methods adopted and the methods should be consistent from year to year. In case the Actuary decides to change the methods previously adopted and this methodology change has a material impact on results, sufficient explanation on the reason and impact needs to be provided to the Authority. The Authority reserves the right to ask for additional explanation and information for the change in methods adopted.

                                      Estimation of Incurred But Not Reported provisions (IBNR)

                                      1. These instructions are relevant to determination of IBNR provisions for direct insurance and facultative reinsurance accepted business. Estimation of IBNR provisions on treaty accepted and Excess of Loss accepted business may require other methods more appropriate to the nature of the portfolio and its claims development pattern. Likewise, estimation of IBNR provisions for specialized business such as credit guarantee insurance may require other methods more appropriate to the nature of the business.
                                         
                                      2. In these instructions, the term IBNR covers both provisions for claims not yet reported (Incurred But Not Yet Reported or IBNYR) as well as incomplete provisions for reported claims (Incurred But Not Enough Reported or IBNER). It is not necessary to establish separate provisions for IBNYR and for IBNER so long as the method(s) used will take into account both elements.
                                         
                                      3. The method stated in these instructions is the “preferred method” and is generally suitable to estimate the IBNR provision. If the Actuary considers the method stated in these instructions to be not suitable, he should set out the reasons for such conclusion and provide justification for the alternative method(s) proposed to be used, being considered more appropriate. Where the method(s) used is not one of the well-known methods, the Actuary should also describe the method(s) and the underlying assumptions in that method(s).
                                         
                                      4. All mathematical methods of estimation are based on a set of assumptions. So, the validity of the assumptions underlying the method proposed to be used should be fully set out and validated sufficiently to lend credibility to the exercise.
                                         
                                      5. Calculation of the provision for IBNR should be done separately for each year of occurrence or year of underwriting and the figures should be aggregated to arrive at the total amount to be provided.
                                         
                                      6. The calculation of the ALAE provision can be included with the loss provision, but when calculated separately the same level of detail in terms of method(s) used, validation of assumptions, estimation by year, etc. as described above for loss provisions should be done for the ALAE provisions. The calculation of the ULAE provision is generally done with simpler, yet actuarially sound, methods.

                                      Examination and validation of basic data

                                      1. The Actuary should apply such checks as practically possible to assess the quality and completeness of the data to improve the accuracy of the IBNR provision estimates.
                                         
                                      2. Data should be examined separately for each of the classes set out in the instruction notes. If data of any class is aggregated with data for another class, care should be taken to see that the two classes are homogeneous in nature.
                                         
                                      3. The Actuary should examine the changes in underwriting policy over the period of observation and in particular, the changes made in current underwriting policy. The impact of such changes on the claims development pattern and claims ratio should be estimated if appropriate.
                                         
                                      4. The Actuary should examine the development of premium written over recent years. If the average level of deductible has undergone material change over the recent years, its impact on the claims development pattern should be taken into account.
                                         
                                      5. The compilation of data on an underwriting period basis instead of a period of occurrence (accident period) basis may be proposed in some cases. Where this basis is followed the Actuary should support the reason for change of basis on objective reasons.

                                      Claims handling

                                      1. A detailed review of the claims handling practices should be conducted. Where material changes are identified, their impact on the claims development pattern should be taken into account.
                                         
                                      2. Each claim is to be recognized upon occurrence of the insured event. The way this is implemented in practice may differ from one company to another, but it should include various claim transactions and reserves for the estimated liability on a case by case basis (case reserves). The impact of inadequate provision for claims on claims development can be significant and should be taken into account.
                                         
                                      3. In addition to recognition of claims, which the Company follow to determine the provision to be made and the mechanism to review such provision, the Company has the responsibility toward having prompt and fair settlement related to the claims. The Company may sell or accept the collectable returns as a part of the settlement and include the practice of downsizing the claims provision in cases where there has been no movement in the claim over a certain period, which may be important factors in claims development.
                                         
                                      4. The Company should consider that claim development patterns can be materially affected by the occurrence of unusual events over the period of observation such as:
                                         
                                        1. Individual large claims;
                                           
                                        2. Catastrophic events causing a large number of claims;
                                           
                                        3. Changes in Law affecting the incidence and size of claims;
                                           
                                        4. Impact of external factors on the average size of claims; and
                                           
                                        5. Judicial changes related to accrued compensation
                                            
                                      5. When estimating IBNR after adjustment for reinsurers' share, note should be taken of any changes in reinsurance protections and changes in size of retentions over recent years.

                                      Claims cost trends

                                      1. In order to make adequate adjustment for trends, the following aspects should be studied:
                                         
                                        1. Composition of portfolio;
                                           
                                        2. External factors such as economic environment, inflation, changes in legal, political or social conditions;
                                           
                                        3. The underwriting policy of the Company; and
                                           
                                        4. Changes in the Company's claim settlement practices.
                                           
                                      2. A significant indicator of claims experience trends is the frequency of claims occurrence and the average size per claim paid and per claim outstanding. These should be studied and any variations observed should be looked into.

                                      Test of credibility

                                      1. To ensure completeness of IBNR provision estimation, tests of credibility for the results produced should be applied including, evaluating the frequency of claims occurrence, ultimate incurred loss ratios, average cost per claim paid and per claim outstanding, etc.
                                         
                                      2. It is generally inappropriate to accept any negative values for the IBNR provision in total. To avoid such a situation, estimation of IBNR should be made separately for each year of occurrence. Negative values of IBNR for any year can be allowed where it is actuarially justified based on the nature of the risk, claims practices and historic development trends. The actuary must include a detailed description of the reasons for including negative IBNR in total for any type of business. While negative IBNR in total for a type of business may be appropriate if actuarially justified and documented, the negative IBNR shall not be an Admissible Asset.
                                         
                                      3. An essential check on the credibility of the estimation exercise is to see how the claims developed during the preceding twelve months as compared to the projection and estimation made last year. The outstanding claims provision and provision for IBNR made at the last Balance Sheet date should be compared with the aggregate of claims paid during the year, claims outstanding and the provision for IBNR at the end of the current year, for the years of occurrence up to and including the date of the last Balance Sheet.
                                         
                                      4. When estimation methods produce less reliable results for the most recent years, the results for the more recent years may need to be revised based on the Actuary's knowledge of the business and the Company's portfolio.
                                      • Addendum (2)

                                        Calculation of the Mathematical Reserve

                                        1. The Mathematical Reserve is to be determined separately for each insurance contract by a prospective method of valuation in accordance with the instructions below.
                                           
                                        2. The valuation method shall take into account all prospective contingencies under which any premiums (by the policyholder) or benefits (to the policyholder/beneficiary) may be payable under the policy, as determined by the policy conditions. The level of benefits takes into account the reasonable expectations of policyholders (with regard to bonuses, including terminal bonuses, if any) and any established practices of the Company for payment of benefits.
                                           
                                        3. The estimated amount of liability under each policy shall be determined based on prudent assumptions of all relevant parameters and in line with global actuarial standards. The value of each such parameter shall be based on the Company's expected experience and shall include an appropriate margin for adverse deviations that may result in an increase in the amount of the mathematical reserve.
                                           
                                        4. In case of a negative reserve, the Actuary shall set the amount of such mathematical reserve at zero, or to the guaranteed surrender value in case of such guaranteed surrender value deficiency reserve, as the case may be. For unit-linked business, the mathematical reserve may be negative, but the Actuary shall set the mathematical reserve to a level so that the sum of the mathematical reserve and the unit reserve is at least as large as the guaranteed surrender value.
                                           
                                        5. The Actuary shall not make allowance for any future lapse, surrender, making paid-up or revival of a contract where such an allowance would result in a decrease in the liability in respect of that contract.
                                           
                                        6. The Actuary shall take into account vested, declared or allotted bonuses or other forms of participation to which policyholders are already either collectively or individually contractually entitled.
                                           
                                        7. The Actuary shall take into account discretionary charges and deductions from Policy Benefits, in so far as they do not exceed the reasonable expectations of policyholders.
                                           
                                        8. The Actuary shall take into account expenses, including commissions. The expenses shall take either implicit or explicit account of future increases considered likely in expenses for existing business based on prudent assumptions as to the future rates of changes in prices and earnings.
                                           
                                        9. Consideration shall be given to the impact of selective withdrawals in the allowance for future expenses, particularly where the allowance is not assessed on a per policy basis.
                                           
                                        10. Explicit allowance for future expenses is required for all contracts under which no future premiums are receivable where these are not provided by disclosed margins in the valuation rate of interest.
                                           
                                        11. Proper provision must be made for claims handling expenses, directly or indirectly. This is particularly relevant to classes of business such as permanent health insurance where these expenses are likely to be significant.
                                           
                                        12. Where a net premium method is used it is permissible to take credit for the difference between the gross premium and the valuation net premium in assessing the provision to be made for meeting the expenses likely to be incurred in the future in fulfilling the existing contracts, but only to the extent allowed by global actuarial standards.
                                           
                                        13. The Actuary shall take into account any rights under contracts of reinsurance.
                                           
                                        14. The Actuary shall take into account any other options that the policyholder has in respect of the policy, or by virtue of the contract, and that provision shall be made on prudent assumptions to cover any increase in liabilities caused by policyholders exercising options under their contracts. Treatment of options should be in line with global actuarial standards.
                                           
                                        15. The provisions for unit-linked funds should be the unit value and depends on what the guarantees are in the product. So the provisions should be provided keeping in mind guaranteed return if any in addition to basing it on the future expected unit value.
                                           
                                        16. The Actuary shall use one of the common methods which would be suitable for the size, nature and complexity of the business. Common methods like Gross Premium Method of valuation or retrospective method may be used if demonstrated to be at least as prudent. The Actuary shall give an explanation for the method adopted and the method shall be consistent from year to year. In case the Actuary decides to change the method being used from previous years, sufficient explanation to the same needs to be provided.
                                           
                                        17. The method of calculation of the amount of liabilities and the assumptions for the valuation parameters shall not be subject to arbitrary discontinuities from one year to the next. The calculation of the net present value of payments is to be based on a portfolio of (AAA) rated sovereign risk securities with a similar expected payment profile to the liability being measured. In case the market yields for longer term durations are not available within UAE, in such a case US$ market yield of a (AAA) rated sovereign risk securities should be considered as a measure for AED longer term durations.
                                           
                                        18. The determination of the amount of mathematical reserve shall take into account the nature and term of the assets representing those liabilities and the value placed upon them and shall include prudent provision against the effects of possible future changes in the value of assets on the ability of the Company to meet its obligations arising under policies as they arise.
                                           
                                        19. Technical Provisions (including Mathematical Reserves) considered for Solvency purposes should not include unit-linked funds' reserves to the extent that it does not include the guaranteed portion of the insurance policies with the unit-linked funds.
                                           
                                        20. Mortality Rates used must be conservative. The Actuary should provide reinsurance rates or refer to any published mortality table that is justifiable.
                                           
                                        21. Sensitivity to assumptions used should be provided.
                                           
                                        22. Persistency - Lapse analysis should be provided where applicable.
                                           
                                        23. In the event of lack of clarity on specific assumptions not defined above for calculating the Mathematical Reserves, the Actuary can apply actuarial best practices but must provide justification and quote relevant actuarial standards in the valuation report.
                                        • Addendum (3)

                                          Report of the Actuary on the Estimation of Reserves

                                          The report of the Actuary should contain the following elements at a minimum. Some elements will be at an overall company level, and the others should be at the line of business or coverage level to document the analysis of the Actuary.

                                          Name of Company:

                                          Name of Actuary:

                                          Insurance activity practiced by the company:

                                          Section 1 - The Company and its business:

                                          1. The premium scale of the Company and the classes of business it writes. Has the growth of premium income been steady and reasonable? Fluctuations in growth rates or high or low growth rates may be indicative of a change in the composition of business or changes in underwriting policy.
                                             
                                          2. What is the underwriting policy of the Company in respect of:
                                             
                                            1. Selection of risks;
                                               
                                            2. Rates and deductibles; and
                                               
                                            3. Delegation of underwriting authority.
                                               
                                          3. Has the underwriting policy remained stable over the past three years? Note any changes in key underwriting personnel and the impact on the underwriting policy of the Company
                                             
                                          4. What is the claims processing and settlement policy of the Company in the matter of:
                                             
                                            1. First recognition of claim;
                                               
                                            2. Provision for claims where no information or inadequate information on facts are available;
                                               
                                            3. Periodicity of review of the provision for a claim;
                                               
                                            4. Negotiation of bodily injury claims relating to motor accidents;
                                               
                                            5. Processing and settlement of claims; and
                                               
                                            6. Pursuit of recovery or sale of salvage.
                                               
                                          5. Has the claims processing and settlement policy remained the same over the past three years? Note any changes in key claims personnel and the impact on the claims settlement practice of the Company.
                                             
                                          6. Has the Company experienced any cash flow or financial problems over the observation period? Note any effects on the Company's underwriting or claims settlement practices as a result of these problems.
                                             
                                          7. Has the claims data been affected by catastrophic events such as earthquake, flood, windstorm, individual large claims, etc. or any significant changes in the business environment such as a severe economic recession that would have affected the business experience and impacted the claims figures?
                                             
                                          8. Any changes in the general business and insurance industry conditions in matters such as legislative environment, competition, consumerism, levels of court awards, etc.? Note the impact of these changes.

                                          Section 2 - The data

                                          1. The data should be compiled separately for each class of insurance business as required by the insurance regulations. If not, comment on the reasons for variation.
                                             
                                          2. Comment on the source of data and steps taken to ensure that the data is consistent, reliable, complete and in agreement with the financials.
                                             
                                          3. Comment on the observed trends in the growth of premiums, frequency of loss occurrence, average cost per claim paid and per claim outstanding, speed of emergence of claims and speed of settlement. Also state how these have been taken into account in the selection process of assumptions used in the estimation of provisions.
                                             
                                          4. Note any individually large claims that affect the claims development figures and how the estimation process was adapted as a result of these claims.
                                             
                                          5. The estimation of provisions should be done pre- and post-adjusting for the reinsurance share (gross and net of reinsurance). A description of the process followed to determine the provisions post-adjusting for reinsurance share should be provided. Any material change in the reinsurance program, along with how the estimation process was adapted to adjust for the change should be provided. If data on a net of reinsurance basis is not readily available, it is up to the Actuary to work on the provision estimates on a gross basis and work on the estimate of provisions for the share of reinsurance ceded, if that is more easily possible.

                                          Section 3 - The methods

                                          1. Describe the methods used for estimation of provisions. If the methods used now are different from the methods used previously, state the reason(s) for change.
                                             
                                          2. Document the assumptions underlying the methods and discuss to what extent the validity of the assumptions was verified.
                                             
                                          3. Where the method(s) used is not commonly understood, explain the methodology and provide adequate working sheets to understand the calculations and results.
                                             
                                          4. The review and the examination of the results should be executed using another method.

                                          Section 4 - Evaluation of the results

                                          1. Compare the prior estimated claim provisions (that were pending at the end of the previous year's estimate), with the paid claims in the subsequent year for each claim in order to test the accuracy of the prior estimates.
                                             
                                          2. The difference between the claim reserves booked by the Company and the claim reserves estimated by the Actuary must be disclosed. If the Company estimates are lower than the estimates by the Actuary, then additional tests that were conducted to assess the accuracy of the estimates should be disclosed.

                                          Section 5 - Overall results

                                          Comment on calculated incurred claim ratios for the Company over the years. In particular, comment whether the claim ratios for the more recent years are logical and state how the estimation process was modified to achieve more credible results.

                                          Section 6 - Attachments

                                          The data collected from the database of the Company, the compiled cumulative figures, the calculation sheets and the final results should be attached to the report.

                                          Section 7 - Certification

                                          1. The Actuary should not put forward or certify any figures, which lack credibility, with serious reservations.
                                             
                                          2. The Actuary should certify that he has checked the data to the best of his ability and is satisfied that they are consistent, reliable and complete and that the assumptions underlying the methods used for estimation of provisions are reasonable.
                                             
                                          3. The report should be signed with date by the Actuary.
                              • Section (4) Regulations Pertinent to Determining the Company's Assets that Meet the Accrued Insurance Liabilities

                                • Article (1) - General Rules for Asset Valuation

                                  The Company shall apply the following rules in the valuation of its assets:

                                  1. The Company shall invest all their assets in accordance with the “prudent person principle.
                                     
                                  2. With respect to the whole portfolio of assets, the Company shall only invest in assets and instruments, whose risks can be adequately identified, measured, monitored, managed, controlled and reported, and appropriately take into account in the assessment of their overall solvency needs by the Company.
                                     
                                  3. All assets, in particular those covering the Minimum Capital Requirement, Minimum Guarantee Fund and the Solvency Capital Requirement, shall be invested in such a manner to ensure the security, quality, liquidity and profitability of the portfolio as a whole. In addition the localization of those assets shall be such as to ensure their availability.
                                     
                                  4. Without prejudice to paragraph (2) above, and with respect to assets held in respect of Life insurance contracts where the investment risk is borne by the policyholders, the following shall apply:
                                     
                                    1. Where the benefits provided by a contract are directly linked to the value of unit- linked funds, or to the value of assets contained in an internal fund held by the Company, usually divided into units, the technical provisions with respect to those benefits must be represented as closely as possible by those units or, in the case where units are not established, by those assets.
                                       
                                    2. Where the benefits provided by a contract are directly linked to a share index or some other reference value other than those referred to in subparagraph (a) above, the technical provisions with respect to those benefits must be represented as closely as possible either by the units deemed to represent the reference value or, in the case where units are not established, by assets of appropriate security and marketability which correspond as closely as possible with those on which the particular reference value is based.
                                       
                                    3. Where the benefits referred to above include a guarantee of investment performance or some other guaranteed benefit, the assets held to cover the corresponding additional technical provisions shall be subject to paragraph (3) of this Article.
                                       
                                  5. With consideration to paragraph (2) and with respect to assets, Regulations Pertinent to the Basis of Investing the Rights of the Policyholders shall apply.
                                     
                                  6. Companies must comply with the detailed provisions regarding the general rules for asset valuation as prescribed in the Addendum of this Article attached to these regulations.
                                • Article (2) - Limits for Assets to be Considered for Solvency

                                  The Admissible Assets to be considered towards the calculation of solvency shall be valued as follows:

                                  1. The value of all the invested assets shall be restricted as per the limits defined in the Regulations Pertinent to the Basis of Investing the Rights of the Policyholders.
                                     
                                  2. All other assets shall be valued as required by the Authority.
                                • Article (3) - Addendum

                                  The Addendum attached to these regulations is an integral part of the regulations and is to be read along with the regulations.

                                  • Addendum to Section 4 Determining the Company's Assets that Meet the Accrued Insurance Liabilities

                                    • Addendum

                                      Measurement of Assets for the purpose of calculation of the solvency margin shall be as detailed below:

                                      1. Investments in Non-Insurance Subsidiaries and Associates
                                         
                                        1. Valuation of investments in Subsidiaries and Associates that are listed securities must be on the closing market quotation or the latest available market quotation (whichever is lower).
                                           
                                        2. Valuation of investments in Subsidiaries and Associates that are not listed securities must be at economic or market value. A suitable valuation may be used to arrive at this value, but undertakings shall also consider the risks that arise from holding a balance sheet item, using assumptions that market participants would use in valuing the asset or liability.
                                           
                                        3. The International Accounting Standards Board's (IASBs) International Financial Reporting Standards (IFRS) related to "Fair Value Measurement" accounting is considered a suitable measure for true economic value. This proposes a ‘mark- to-market' approach or, if not possible, a ‘mark-to-model' approach for all participations, listed and unlisted, taking into account the guidance given by the IASB related to "The valuation of assets and liabilities for solvency assessment purposes". Where the holding is not material however, a Net Asset Value (NAV) approach may be used.
                                            
                                      2. Real Estate Investments
                                         
                                        1. For Admissible Asset purposes, real estate assets such as land and buildings must be valued at market value as assessed by an independent qualified expert. The Company may elect to use book value where that value is less than market value, however where no proper valuation exists the Authority is to appoint an authorized independent real estate firm at the Company's expense and use the results of the valuation.
                                           
                                        2. The admissibility test is to be applied in total to both land and building in instances where the realizable value of the asset is dependent on both the land and the building.
                                           
                                        3. For solvency margin calculation purposes, real estate assets such as land and buildings must be valued on a ‘cash flow' basis.
                                            
                                      3. Debt / Government Securities
                                         
                                        1. Government securities/bonds (both fixed and variable interest securities) must be valued at:
                                           
                                          1. In the case of listed securities, the closing market quotation or the latest available market quotation (whichever is lower);
                                             
                                          2. In the case of securities which are not transferable, the amount payable on surrender or redemption of such securities as at the date the security is being valued; and
                                             
                                          3. In any other case, the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.
                                              
                                        2. Debt securities (both fixed and variable interest securities) not covered in subparagraph (a) above must be valued at:
                                           
                                          1. In the case of listed securities, the closing market quotation;
                                             
                                          2. In the case of securities which are not transferable, the amount payable on surrender or redemption of such securities as at the date the security is being valued; and
                                             
                                          3. In any other case, the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.
                                              
                                      4. Equity Shares
                                         
                                        1. Valuation of equity shares that are listed securities is based on the closing market quotation or the latest available market quotation (whichever is lower).
                                           
                                        2. Valuation of equity shares that are not listed securities must be valued at economic or market value. A suitable valuation may be used to arrive at this value, but undertakings shall also consider the risks that arise from holding such a balance sheet item, using assumptions that market participants would use in valuing the asset or liability.
                                           
                                        3. The IFRS related to "Fair Value Measurement" accounting is considered a suitable measure for true economic value. This proposes a ‘mark-to-market' or, if not possible, a ‘mark-to-model' approach for all participations, listed and unlisted, taking into account the guidance given by the IASB related to "The valuation of assets and liabilities for solvency assessment purposes". Where the holding is not material however, a Net Asset Value (NAV) approach may be used.
                                            
                                      5. Traded Derivative Contract

                                        A traded derivative contract that is a listed security, for a share or a debenture must be valued at the closing market quotation, and otherwise at the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.

                                      6. Loans Secured by Insurance Policies Issued by the Company

                                        Valuation of a loan secured by an insurance policy issued by the Company must be as the amount of the loan but not exceeding the amount payable on a surrender of the policy as at the date the policy is being valued.

                                      7. Other Assets
                                         
                                        1. Valuation of deposits and current account balances with approved financial institutions must be at their carrying value. The admissible value of these assets is their carrying value.
                                           
                                        2. The admissible value of any cash holding is its carrying value.
                                           
                                        3. Amounts due under contracts of insurance and reinsurance, including salvage and subrogation rights, must be valued at the amounts that can be expected to be recovered. The exceptions being:
                                           
                                          1. Advance commission paid to intermediaries which must be valued at nil, except in case of long term life insurance contracts, where advance commission paid should be valued at carrying value in its first year; and
                                             
                                          2. Amounts that pertain to a subsidiary or associate of the Company must be valued in accordance with subparagraph (1) above.
                                             
                                          3. Any debt should be valued depending on the exact nature of the debt and its recoverability. In any event and for all debtors, International Financial Reporting Standards related to the “impairment of assets” should be considered.
                                              
                                        4. For investments that are not specifically covered above, if the investment is due, or will become due, within twelve months from the date at which the investment is being valued (or would become so due if the company exercised some right), valuation should be based on the amount which can reasonably be expected to be recovered in respect of the investment, taking due account of any security held in respect thereof.
                                            
                                      8. Total Invested Assets
                                         
                                        1. For the purposes of asset valuation regulations, 'Total Invested Assets' is defined as the sum of the assets in the categories listed in paragraph (1) of Article (3) of the Basis of Investing the Rights of the Policyholders in Section (1) of this regulation.
                                           
                                        2. The Total Invested Assets for the Property and Liability insurance business shall be segregated and maintained separately from the Total Invested Assets held for the Insurance of Persons and Fund Accumulation operations.
                              • Section (5) Regulations Pertinent to the Records Which the Company Shall be Obligated to Organize and Maintain as Well as the Data and Documents That Shall be Made Available to the Authority

                                • Article (1) - General Requirements for Records

                                  1. The Company must maintain complete transaction records for all local and international operations for as long as they are deemed relevant for the purposes for which they were made. Records of completed transactions may be retained in either hard copy and/or electronic format, but must be kept in their original form. Completed transaction records for business booked in the UAE must be maintained in the UAE and be easily accessible to the Authority.
                                     
                                  2. Any Company that is licensed for both Insurance of Persons & Fund Accumulation operations and Property and Liability insurance operations, must maintain separate records in respect of both types of insurance operations. The transactions relating to each kind of business must be maintained separately. The Company must maintain such accounting and other records as necessary to identify all assets and liabilities in respect of each kind of business.
                                     
                                  3. The Company shall maintain backup for all records. The backup shall be maintained in a separate location from the original records.
                                     
                                  4. Regardless of any information mentioned in other regulations, the electronic information or information generated from the computer system, fax and e-mail are considered adequate and valid if the authoritative controls were adhered to.
                                • Article (2) - Period of Retention for Records

                                  1. The retention period of the records and backups along with any other related documents and data, should be for ten (10) years or more, as of the end date of the activity or the working relation with insured.
                                     
                                  2. The Company will maintain records beyond the normal statute of limitation periods as stipulated in paragraph (1) above, when the records are subject to ongoing investigations or prosecution in court. In such cases, the retention period shall be two years from the date of final verdict or the resolution issuance.
                                • Article (3) - Types of Records

                                  1. The Company must maintain adequate records for all lines of business and shall include:
                                     
                                    1. Underwriting, Policy Issuance and Policy Servicing records;
                                       
                                    2. Claim transaction records;
                                       
                                    3. Complaints records;
                                       
                                    4. Technical Provisions records;
                                       
                                    5. Financial Solvency records;
                                       
                                    6. Product related records;
                                       
                                    7. Reinsurance contracts and related records;
                                       
                                    8. Investment records;
                                       
                                    9. Records of Company's transactions with its subsidiaries and affiliates;
                                       
                                    10. Records for the policyholders' funds under management;
                                       
                                    11. Records for shareholders funds;
                                       
                                    12. Major agreements of the Company;
                                       
                                    13. Policies and Procedures for all the processes within the Company including Risk Management Policy and Procedures;
                                       
                                    14. Records of actuarial reports;
                                       
                                    15. Records for professionals related to insurance; and
                                       
                                    16. Any other records that the Authority may require.
                                        
                                  2. Further guidance on types of records in Addendum (1) of the regulations herein shall be applied.
                                • Article (4) - Examination of Records

                                  1. The Authority examiners or any person assigned by it shall have the right to conduct office and field examinations of all accounts, records, documents, and transactions related to the insurance affairs of the Company and the Insurance and Reinsurance Services Provider. The Company employees shall provide all information, particulars and documents required by the examiners.
                                     
                                  2. When appointing an Actuary, the Company shall waive any duty of confidentiality on the part of the Actuary, such that the Actuary may report to the Authority any concerns held regarding material failures by the Company to comply with Authority requirements.
                                     
                                  3. The Authority may from time to time inspect under conditions of secrecy the records of the Company and of any of its branch offices.
                                     
                                  4. The Authority has the right to submit a formal letter to any Company employee for the following reasons:
                                     
                                    1. Provide the Authority with any information; or
                                       
                                    2. Appear before the Authority to discuss any topic that the Authority may request.

                                     
                                  5. An examiner authorized by the Authority shall examine, without any prior notice, the documents related to:
                                     
                                    1. The Company, or its agent, inside or outside the UAE; or
                                       
                                    2. The Company in liquidation or an insurance company whose license has been suspended.
                                        
                                  6. The examiner may examine the Company or a person whom he believes to be acquainted with the facts and circumstances of the case, including the External Auditor or the Actuary of the Company, the Company or the person shall give such document or information as the examiner may require within such time as he may specify.
                                     
                                  7. An External Auditor or an Actuary shall not be liable for breach of a contract relating to, or duty of, confidentiality for giving a document or information to the examiner.
                                     
                                  8. In case it becomes evident to the Authority that the actuarial report does not reflect the correct financial status of the Company, the Authority may order a re-examination by an Actuary appointed by Authority and the expenses to be borne by the Company for re-examination ordered by the Authority.
                                     
                                  9. In the case of any material discrepancies in the data or the records provided by the Company, the Authority may request to amend them within a specified period.
                                     
                                  10. The Company should submit any documents or information requested by the Authority or any Company that has an ownership relationship with the Company, pertaining to the Company's records and within the time period set by the Authority.
                                • Article (5) - Records for Agents

                                  1. The agent shall keep records for all the data, information and documents related to the insurance agency business he is practicing on behalf of the Company or any of its branches, as the case may be, including the following:
                                     
                                    1. Name and address of the Company or any of its branches he is practicing the insurance business for;
                                       
                                    2. A copy of the agency agreement concluded between him and the Company;
                                       
                                    3. Memos and correspondences related to his business;
                                       
                                    4. The proposals received on behalf of the Company or any of its branches;
                                       
                                    5. Name of the proposer of insurance, the insured and the beneficiary, as well as the date of issuance and the premium collected in respect thereof;
                                       
                                    6. Where the agent is entitled to underwrite and issue policies on behalf of the Company, the agent shall document insurance policies and their endorsements concluded by him on behalf of the Company or any of its branches;
                                       
                                    7. A copy of insurance policies that the policyholder concludes with the Company;
                                       
                                    8. Records with serial numbers related to collecting, paying, recording, settling claims and any financial transactions regarding the insurance agency business practiced; and
                                       
                                    9. Bank records regarding the insurance agency business practiced.
                                        
                                  2. The records referred to above shall be in the form of originals, or in any other form of electronic archiving systems.
                                     
                                  3. The agent shall keep the records along with the backups for a period of not less than those stated in the insurance agent's regulations.
                                     
                                  4. The agent shall maintain records beyond the normal statute of limitation periods as stipulated in the insurance agent's regulations, when the records are subject to ongoing investigations or prosecution in court, until such records are no longer needed.
                                     
                                  5. The Authority may assign an employee(s) or appoint an external party to inspect, at appropriate times, the records of the agent. The agent shall have all his records available and cooperate with the employee(s) or the external party so that they can fully perform their duties. The agent shall bear all the expenses for the external party as decided by the Authority, unless the Authority deems otherwise.
                                • Article (6) - Records for Brokers

                                  Brokers shall maintain records in accordance with terms and provisions identified in the insurance brokerage regulations in force, and decisions issued pursuant thereto.

                                • Article (7) - Addendum

                                  The Addendum attached to these regulations is an integral part of the regulations and is to be read along with the regulations.

                                  • Addendum to Section 5 Records Which the Company Shall be Obligated to Organize and Maintain as well as the Data and Documents that Shall be Made Available to the Authority

                                    • Addendum

                                      1. The Company shall maintain the following as a minimum for Policy Issuance, Underwriting and Policy Servicing records:
                                         
                                        1. a. Insurance application and proposal;
                                           
                                        2. b. Insurance policy;
                                           
                                        3. c. Agreement on any terms of reinsurance cover;
                                           
                                        4. d. Reinsurance contracts;
                                           
                                        5. e. The insured and beneficiary's proof of identification;
                                           
                                        6. f. Underwriting policy and procedures;
                                           
                                        7. g. The technical basis of the insurance policies and premium ratios;
                                           
                                        8. h. List of insured personnel for group policies;
                                           
                                        9. h. Medical declaration for Insurance of Persons;
                                           
                                        10. i. Policyholders register;
                                           
                                        11. j. Re-insurance registers for assumptions and cessions showing details of underwriting information by treaty, subscriptions, losses, commissions, etc., balances due to/from re-insurance companies, and supporting source documents; and
                                           
                                        12. k. Customer Complaints register.
                                            
                                      2. The Company shall maintain claim records pertaining to policyholders' claims and classify them into paid, unpaid, and rejected claims. Each record shall include the following:
                                         
                                        1. Insurance application and proposal, if available;
                                           
                                        2. Copy of the insurance policy and procedures;
                                           
                                        3. Claims policy and procedures;
                                           
                                        4. Policyholder's claim information;
                                           
                                        5. Claims register;
                                           
                                        6. Adjusters and assessor's report and any other documents pertaining to the claim and the direct reason leading to the covered loss;
                                           
                                        7. Proportional share of any other insurance and re-insurance policies in effect;
                                           
                                        8. Action taken by the Company and the status of the claim;
                                           
                                        9. A power-of-attorney from the insured to the Company to subrogate it in the following cases;
                                           
                                          1. Third party liability for the loss; and
                                             
                                          2. Defending the insured in disputed liability or in determining the indemnity amount.
                                              
                                        10. Signed settlement agreement by a person for a paid claim except in the cases of electronic medical claims where the signed settlement agreement is waived.
                                            
                                      3. The Company shall maintain the following records in relation to the calculations of Technical Provisions:
                                         
                                        1. The methods and assumptions used in establishing the Company's reserves, including the margins for adverse deviation, and the reasons for their use;
                                           
                                        2. The nature of, reasons for, and effect of, any change in approach, including the amount by which the change in approach increases or decreases its reserves;
                                           
                                        3. Stress testing and scenario analysis prepared as required;
                                           
                                        4. Reserve calculations performed for each period; and
                                           
                                        5. Claims developments within the preceding five (5) years to show the variances in building the technical provisions.
                                            
                                      4. The Company shall maintain records related to investment operations such as investment statements, summary of investment income, details of derivatives and pledged assets, supporting documentation including securities registers (including information regarding securities held by the Company outside the UAE).
                                         
                                      5. In support of the investment operations, the Company shall maintain the following records:
                                         
                                        1. Working papers, with properly referenced audit trails, to support the financial statements/ regulatory data required to be submitted to the Authority;
                                           
                                        2. Bank statements, cheque registers, monthly banks reconciliations, vouchers and receipts pertaining to the operations in the UAE, and adequate documentation to confirm that amounts due in respect of the insurance business of the Company flow to the bank accounts in the UAE;
                                           
                                        3. Records supporting amounts due to or from the head office and affiliated entities (if any);
                                           
                                        4. Policy movement reports and reserve amounts;
                                           
                                        5. Premium registers detailing premiums written, earned, and unearned;
                                           
                                        6. Listing of policy loans amounts on deposit by policy, related income or expense, and originals or copies of policy loan applications;
                                           
                                        7. A description of the accounting system;
                                           
                                        8. All agreements, including outsourcing agreements with third party and affiliates;
                                           
                                        9. All signed contracts, which are material to the Company, that relate to the administrative operation of the Company;
                                           
                                        10. Policies and practices governing the Company's operations in the UAE;
                                           
                                        11. Risk management policies and procedures;
                                           
                                        12. Details of Board of Directors minutes and other committee minutes;
                                           
                                        13. Details of any current litigation matters; and
                                           
                                        14. Actuarial reports, including valuation reports, external review reports, experience studies, etc., and supporting documentation.
                              • Section (6) Regulations Pertinent to the Principles of Organizing Accounting Books and Records of Each of the Companies, Agents and Brokers and Determining Data to be maintained in these Books and Records

                                • Article (1) - Types of Accounting Books

                                  1. Following types of accounting books shall be maintained at minimum:
                                     
                                    1. Accounting Books including Technical accounting books;
                                       
                                    2. Ledgers and sub-ledgers;
                                       
                                    3. Journals;
                                       
                                    4. Adequate accounting and other books to identify and support the contracts and the assets, liabilities, revenues and expenses attributable to its operations; and
                                       
                                    5. Any other books as required by the Authority.
                                        
                                  2. The Company which is carrying on both Insurance of Persons & Fund Accumulation operations and Property and Liability insurance operations must maintain separate books in respect of both operations. Transactions relating to each business operation must be maintained separately. The Company must maintain accounting and technical books needed to identify all assets and liabilities relating to the business operations.
                                     
                                  3. The Authority may from time to time inspect under conditions of secrecy the books, accounts and transactions of any Company and of any of its branch offices.
                                     
                                  4. The Company should submit any documents or information requested by the Authority on any Company that has an ownership relationship with the Company, pertaining to the Company's books and within the time period that is set by the Authority.
                                     
                                  5. The Company shall maintain backup for all records. The backup shall be maintained in a separate location from the original records.
                                     
                                  6. Regardless of any information mentioned in other instructions, the electronic information or information generated from the computer system, telefax, fax and email are considered adequate and valid if the authoritative controls were adhered to.
                                     
                                  7. The books referred to above shall be in the form of originals, or in any other form of electronic archiving systems.
                                     
                                  8. The Authority may assign an employee(s) from their end or appoint an external party to inspect, at appropriate times, the books of the Company. The Company shall have all its books available and cooperate with the employee(s) or the external party so that they can fully perform their duties. The Company shall bear all the expenses for the external party as decided by the Authority, unless the Authority deems otherwise.
                                     
                                  9. For inspection purposes, the Company shall allow the Authority access to its books, accounts and documents and shall give such information and facilities as may be required to conduct the inspection.
                                     
                                  10. The retention period of the books and backups along with any other related documents and data, should be for ten (10) years or more, as of the end of the financial year or as of the end date of the activity or the working relation with the insured.
                                     
                                  11. The Company will maintain books beyond the normal statute of limitation periods as in paragraph (10), when the books are subject to ongoing investigations or prosecution in court, until such books are no longer needed.
                                • Article (2) - Records for Agents

                                  1. Every insurance agent shall prepare for every accounting year the following:
                                     
                                    1. A financial position as at the end of each accounting period;
                                       
                                    2. An income statement for that period;
                                       
                                    3. A cash flow statement;
                                       
                                    4. A change in equity statement; and
                                       
                                    5. Additional statements and notes to accounts as may be required by the Authority.
                                        
                                  2. Every insurance agent shall maintain separate ledger accounts for each of its clients.
                                     
                                  3. The retention period for records identified in this Article and their backup copies shall be in line with the applicable insurance agent's regulations.
                                     
                                  4. The agent shall maintain records beyond the normal statute of limitation periods as stipulated in the applicable insurance agent's regulations, when the records are subject to ongoing investigations or prosecution in court, until such records are no longer needed.
                                     
                                  5. The Authority may assign an employee(s) from their end or appoint an external party to inspect, at appropriate times, the records of the agent. The agent shall have all his records available and cooperate with the employee(s) or the external party so that they can fully perform their duties. The agent shall bear all the expenses for the external party as decided by the Authority, unless the Authority deems otherwise.
                                • Article (3) - Records for Brokers

                                  Insurance brokers shall maintain accounting and technical books and prepare the financial statements in accordance with the terms and provisions identified in the insurance brokerage regulations and decisions issued pursuant thereto.

                                • Article (4) - Auditing of Accounting Books

                                  1. The Company shall appoint one or more qualified and experienced External Auditors for its accounts for every financial year.
                                     
                                  2. If a Company fails to appoint an External Auditor within four months from the beginning of the financial year, the Authority shall appoint such External Auditor at the Company's expense.
                                     
                                  3. The External Auditor shall review actuarial reports that represent immediate or future risks facing the Company, and the Authority shall be provided with copies of these reports in a timely manner.
                                     
                                  4. The Actuary shall, in the presence of immediate or future risks facing the Company that would hinder the Company from fulfilling its short term and long term liabilities, submit a report on a timely basis directly to the Company's Board of Directors. The Board of Directors shall examine the report and recommend corrective actions, and forward all related information to the Authority, including the Board of Director's recommendations related to the report.
                                     
                                  5. The Company's Board of Directors shall form an Audit Committee consisting of at least three members from non-executive managers (a Chairman and two other members), of whom a member shall be an expert in financial and accounting affairs. The Board of Directors shall select the committee members among its members other than the members of the executive management or any of the committees established by the Board of Directors. One or more members from outside the Company may be appointed in case the number of non-executive Board of Directors members is not sufficient. The Audit Committee shall meet at least once every three months, or whenever necessary.
                                     
                                  6. The Company shall:
                                     
                                    1. Establish an Internal Audit department, which shall report directly to the Audit Committee. The Internal Audit Head in charge of this department must be a holder of a professional certificate in the related discipline and have relevant and adequate experience.
                                       
                                    2. Appoint a regulatory compliance officer. This officer shall verify compliance with all rules, regulations and instructions. This officer shall directly report to the Chief Executive Officer and shall contact the Authority directly and provide it with information according to the procedures that it specifies.
                                        
                                  7. The Company shall submit to the Authority the management letter issued by the External Auditor, on an annual basis, before publication of the financial statements.
                                     
                                  8. Further guidance on auditing of accounting books and other related guidelines in Addendums (1) and (2) of the regulations herein shall be applied.
                                • Article (5) - Addendums

                                  The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                                  • Addendums to Section 6 Principles of Organizing Accounting Books and Records of Each of the Companies, Agents and Brokers and Determining Data to be maintained in these Books and Records

                                    • Addendum (1)

                                      1. Additional Tasks for the External Auditor:
                                         
                                        1. The Authority may request additional duties from the External Auditor, including:
                                           
                                          1. Submission of such additional information relating to the audited accounts as the Authority may specify;
                                             
                                          2. Enlarging the scope of the audit;
                                             
                                          3. Notifying the Authority of any financial violations discovered during the course of the audit;
                                             
                                          4. Notifying the Authority of any reservations regarding the accounts or the reserves of the Company;
                                             
                                          5. Notifying the Authority of any discrepancy in the financial systems, controls, and of any material inaccuracies or inconsistency in the Company's financial statements; and
                                             
                                          6. Preparing such financial reports and statements as required by the Authority. External Auditor's fees for such additional tasks shall be borne by the Company.
                                              
                                        2. While carrying out such additional duties, listed in paragraph (a), as requested by the Authority, the External Auditor shall not be in breach of any duties towards the Company, the Authority, the shareholders or any third parties.
                                            
                                      2. The External Auditor shall be independent and shall not be the Chairman or a director in the Company's Board of Directors or a managing director, agent, representative or taking up any administrative work therein, or supervising its accounts, or a next of kin to someone who is responsible for the administration or accounts of the Company, or having an extraordinary interest in the Company or any of its competitors.
                                         
                                      3. If any of the circumstances referred to in the paragraph (2) occurs after the appointment of the External Auditor, the Company must appoint another External Auditor.
                                         
                                      4. The Company shall provide the External Auditor with all information and assistance necessary for carrying out his duties.
                                         
                                      5. The duties of the External Auditor shall include the preparation of a report on the final and interim accounts. The report shall contain a statement on whether the Company's accounts are fairly stated and reflect materially, the actual state of affairs of the Company and whether the Company has provided the External Auditor with all required information and clarifications.
                                         
                                      6. If the Company is a foreign Company, its final audited accounts together with the External Auditor's report shall be sent to its main office abroad and a copy shall be sent to the Authority.
                                         
                                      7. External Auditor Access to Relevant Information: Outsourcing agreements must ensure that the Company's Internal and External Auditors have timely access to any relevant information they may require to fulfill their responsibilities.
                                      • Addendum (2)

                                        1. Major Roles and Responsibilities of the Internal Auditor:
                                           
                                          1. Evaluates and provides reasonable assurance that risk management, control, and governance are functioning as intended for all required systems, processes and/or risks enabling the Company to meet its objectives and goals;
                                             
                                          2. Reports risk management issues and internal control deficiencies identified directly to the Audit Committee, or equivalent group-level governance structure for Foreign Companies, and provides recommendations for improving the Company's operations, in terms of both efficient and effective performance;
                                             
                                          3. Evaluating the risk exposures relating to the achievement of the Company's objectives;
                                             
                                          4. Evaluating the reliability and integrity of information and the means used to identify, measure, classify and report such information;
                                             
                                          5. Evaluating the information security and probabilities of exposure to its related risks;
                                             
                                          6. Evaluates regulatory compliance program with consultation from legal counsel;
                                             
                                          7. Evaluates the Company's readiness in case of business interruption; and
                                             
                                          8. Teams with other internal and external resources as appropriate.
                                              
                                        2. The Company shall have an annual audit plan and a risk assessment performed annually and aligned to the annual audit master plan
                              • Section (7) Regulations Pertinent to Accounting Policies to be Adopted and the Necessary Forms Needed to Prepare and Present Reports and Financial Statements

                                • Article (1) - Preparation of Financial Statements

                                  1. The Company shall prepare its financial statements in accordance with the International Financial Reporting Standards and the Authority accounting policies and forms stipulated herein, and shall provide the Authority with a detailed financial report in accordance with the applicable requirements of the Authority.
                                     
                                  2. The Company that is providing Insurance of Persons and Funds Accumulation operations in addition to Property and Liability insurance operations must generate separate financial statements for each type of business and consolidated financial statements according to the attached forms in Appendix (1).
                                     
                                  3. The Company shall submit its annual financial and closing statements including their notes to the Authority in both languages; Arabic and English.
                                     
                                  4. The Company shall submit its quarterly financial statements including notes to the Authority in Arabic. Submission in English is optional.
                                     
                                  5. Further guidance on preparation of financial reports in Addendum (1) of the regulations herein shall be applied.
                                • Article (2) - Amendments to Financial Statements

                                  The Authority shall have the right to add any items to the forms required for the financial reports and statements, amend or cancel such forms, or to add any other forms.

                                • Article (3) - Reporting Requirements

                                  1. The Company shall provide the Authority with the financial statements attached in Appendix (1) herein according to a deadline set by the Law for the Operations of the Company in the UAE, its foreign branches and other related companies if applicable.
                                     
                                  2. In case of errors noted in the submitted financial statements, the Authority will request the Company to rectify the identified mistakes and revert to the Authority within the period set by the Authority.
                                     
                                  3. The Company should provide the Authority with a copy of the financial statement as per the below instructions:
                                     
                                    1. Quarterly financial statements:

                                      The Company should provide the Authority with quarterly financial statements signed by the Company's General Manager and reviewed by the External Auditor. A limited review by the External Auditor is deemed to be sufficient for purposes of quarterly reporting. A forty-five (45) day period after the end of the quarter is the submission deadline.

                                    2. Annual financial statements:

                                      The Company should provide the Authority with annual financial statements audited by the External Auditor and signed by the Chairman of the Board of Directors and the General Manager. The submission date is determined based on the law governing the submission. The Annual report to be submitted to the Authority shall include the following:

                                      1. The External Auditor report for the Company on audited financial statements and Disclosures based on Appendix (1) of this regulation.
                                         
                                      2. The notes to the Financial Statements;
                                         
                                      3. The Report of the Board of Directors;
                                         
                                      4. The Report of the Actuary of the Company;
                                         
                                      5. A description of the roles of the Actuary and the External Auditor in the preparation and audit of the annual financial statements; and
                                         
                                      6. The Management Report (not applicable to branches of Foreign Insurance Companies).
                                          
                                  4. Further guidance on reporting requirements in Addendum (2) of the regulations herein shall be applied.
                                • Article (4) - Addendums & Appendix

                                  The Addendums and Appendix attached to these regulations are an integral part of the regulations and are to be read along with the regulations. The format of the reports in Appendix (1) are shown as a general guideline, but are intended to follow the International Financial Reporting Standards which are expected to be updated periodically.

                                  • Addendums To Section 7 Accounting Policies to be Adopted and the Necessary Forms Needed to Prepare and Present Reports and Financial Statements

                                    • Addendum (1)

                                      1. Any item required to be shown in a Company's financial statement may be shown in a greater detail than required by the Appendix or in the actual forms specified by the Authority.
                                         
                                      2. In the event that any item is added to the forms, adequate justification must be given in the notes regarding the reasons for the item being disclosed separately.
                                         
                                      3. The Company must not include a heading or sub-heading corresponding to an item in the financial statement format used if there is no amount to be shown for that item for the financial year to which the financial statement relates. Where an amount can be shown for the item in question for the immediately preceding financial year that amount must be shown under the heading or sub-heading required by the format for that item.
                                         
                                      4. For every item shown in the financial statement the corresponding amount for the immediately preceding financial year must also be shown.
                                         
                                      5. Where that corresponding amount is not comparable with the amount to be shown for the item in question in respect of the financial year to which the financial statement relates, the former amount shall be adjusted, and particulars of the non-comparability and of any adjustment must be disclosed in a note to the accounts.
                                      • Addendum (2)

                                        The Management Report shall contain the following:

                                        1. Confirmation regarding the continued validity of the registration granted by the Authority;
                                           
                                        2. Certification that all the dues payable to the statutory authorities have been duly paid/accrued;
                                           
                                        3. Confirmation to the effect that the shareholding structure and any transfer of shares during the year are in accordance with the statutory or regulatory requirements;
                                           
                                        4. Confirmation that the required solvency margin has been maintained in compliance with the Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund issued by the Authority as per Section (2) herein;
                                           
                                        5. Confirmation that the assets have been valued in compliance with the Regulations Pertinent to Determining the Company's Assets that Meet the Accrued Insurance Liabilities issued by the Authority as per Section (4) herein;
                                           
                                        6. Confirmation to the effect that no part of the various funds maintained by the Company have been directly or indirectly applied in contravention of the Regulations Pertinent to the Basis of Investing the Rights of the Policyholders issued by the Authority as per Section (1) herein;
                                           
                                        7. The Company's risk management strategies and practices must include the following:
                                           
                                          1. A summary of the significant internal and external risks facing the Company;
                                             
                                          2. A summary of the Company's risk management policies (including, but not limited to, underwriting, credit, investment, reserving, legal, operational and group risks); and
                                             
                                          3. A summary of the Company's risk monitoring organization and processes, including details on the Company's risk management and internal audit functions; the use of reinsurance; and controls on underwriting, credit and investment risk.
                                              
                                        8. Operations in other countries, if any, with a separate statement providing management's estimate of country risk, exposure risk and the hedging strategy adopted by country;
                                           
                                        9. Aging of claims indicating the trends in average claim settlement time and amount during the preceding five years;
                                           
                                        10. Review of asset quality and performance of investment portfolios relevant to real estate, loans, investments, etc.
                                           
                                        11. A responsibility statement from the management indicating therein that:
                                           
                                          1. In the preparation of financial statements, IFRS have been followed along with proper explanations relating to material departures, if any;
                                             
                                          2. The management has adopted accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the Company at the end of the financial year and of the operating profit or loss and of the profit or loss of the Company for the year;
                                             
                                          3. The management has taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the applicable provisions of the Authority, for safeguarding the assets of the Company and for preventing and detecting fraud and other irregularities;
                                             
                                          4. The management has prepared the financial statements on a going concern basis; and
                                             
                                          5. The management has ensured that an internal audit system commensurate with the size and nature of the business exists and is operating effectively.
                                              
                                        12. Details of any shares in the company held by its Directors and Chief Executive Officer/General Manager shall be disclosed.
                                           
                                        13. The following information relating to corporate governance shall be included:
                                           
                                          1. Information on the corporate governance (including IT Governance) rules and framework adopted within the Company;
                                             
                                          2. Information about the Board of Directors and Board of Directors' Committees (if any). This must include details of Board of Directors membership (including a summary of each Board of Directors member's professional experience, qualifications, date of appointment, remuneration paid and other Directorships held); details of the membership and mandates of any Board of Directors' Committees; and the number of Board of Directors meetings and any Board of Directors' committee meetings held during the financial year in question;
                                             
                                          3. Information on the composition and role of various other Board of Directors and Management Committees;
                                             
                                          4. Information about the managerial structure. This must include a summary of the Chief Executive Officer's/General Manager's professional experience, qualifications and date of appointment; a summary of any management committees, their mandates and membership; and a summary of the senior management structure and reporting lines; and
                                             
                                          5. Information about the Company's basic organizational structure, including a clear description of the lines of business and legal entity structures.
                                        • Appendix 1 Financial Statement Forms

                              • Appendix 1 Financial Statement Forms

                                Appendix (1)

                                Insurance Company Financial Statement Forms (with Disclosures)

                                Consolidated Financial Position for Insurance Company as of (Day/Month/Year)
                                 Notes20XX20YY
                                  AEDAED

                                Assets

                                Property, machinery, and equipment
                                Investments in associates
                                Intangible assets
                                Investments at amortized cost
                                Investments carried at fair value through other comprehensive
                                income
                                Derivative financial instruments
                                Investments carried at fair value through profit and loss
                                Investment in Properties
                                Insurance balances receivable
                                Statutory deposits
                                Loans guaranteed by life insurance policies
                                Premiums and insurance balances receivable
                                Reinsurers' share of outstanding claims
                                Other receivables and prepayments Deposits
                                Cash and cash equivalents

                                Total Assets

                                Shareholders' Equity and Liabilities
                                Shareholder Equity attributable to shareholders of the Parent

                                Treasury shares
                                Additional paid-in capital
                                Retained earnings/loss
                                Minority Interest
                                Foreign currency translation reserve
                                Total Shareholders' Equity
                                Issued and paid up share capital
                                Share premium
                                Treasury reserve
                                Employees Share option reserve
                                Revaluation reserves
                                Statutory reserve
                                General reserve
                                Cumulative change in Fair Value through other comprehensive income
                                Total Reserves
                                Total Shareholders' Equity
                                Liabilities

                                Borrowings
                                Retirement benefit obligation
                                Derivative financial instruments
                                Accounts Payable
                                 

                                Insurance Liabilities
                                Insurance contract liabilities
                                Premium collected in advance
                                Technical Provisions
                                Unearned premium reserve
                                Unexpired Risk Reserve
                                Claims under settlement reserve
                                Incurred but not reported reserve
                                Allocated loss adjustment expense reserve
                                Unallocated loss adjustment expense reserve
                                Mathematical reserve
                                Total technical provisions
                                Total Liabilities
                                Total Shareholders' Equity and Liabilities


                                Consolidated refers to a group of companies running Insurance of Persons and Fund Accumulation Operations on one hand, and Property and Liability Insurance on another.
                                The cash flow and change in shareholders' equity format under consolidated financial statements is applicable to individual financial statements to be prepared for Insurance of Persons, Fund Accumulation Operations, Property and Liability Insurance.


                                 

                                Consolidated Income Statement for Insurance Company for the period ended (Day/Month/Year)
                                 Notes20XX20YY
                                  AEDAED

                                Gross Premiums
                                Reinsurance Share of Gross Premiums
                                Reinsurance Share of Ceded Business Premiums
                                Net Premium
                                Net Transfer to Unearned Premium Reserve
                                Net Premium Earned
                                Commissions Earned
                                Commissions Paid
                                Others
                                Gross Underwriting Income
                                Gross Claims Paid
                                Commissions and deductions
                                Reinsurance Share of Insurance Claims and loss adjustment expenses recovered from reinsurers
                                Reinsurance Share of Ceded Business Claims
                                Net Claims Paid
                                Provisions for Outstanding Claims
                                Reinsurance Share of Outstanding Claims
                                Increase/ (Decrease) in Unearned Premium Reserves & URR
                                Increase/ (Decrease) in Incurred but Not Reported Claims Reserves
                                Increase/ (Decrease) in Allocated & Unallocated Loss Adjustment Expense Reserve
                                Increase/ (Decrease) in Mathematical Reserves
                                Net Claims
                                Incurred Net Underwriting Income

                                Income from Investments
                                Income from Investment Properties
                                Foreign Currency Exchange Fluctuation (Gain/Loss)
                                Other Gain/Loss
                                Total Income
                                General and Administrative Expenses
                                Bonuses and Rebates (Net of Reinsurance)
                                Other Operating Expenses
                                Net Profit/Loss for the Year
                                Net loss on revaluation of available-for-sale investments
                                Reclassification adjustment relating to available-for-sale investment impaired during the year
                                Transfer to profit or loss on investments for sale/ amortization/ provision/ impairment loss on financial assets carried at amortized cost
                                Board of Directors' remuneration
                                Total Comprehensive Profit/Loss for the Year
                                 

                                Earnings per share:
                                Basic
                                Diluted

                                 


                                 

                                Comprehensive Income Statement for Insurance Company for the period ended (Day/Month/Year)
                                 Notes20XX20YY
                                  AEDAED

                                Net Profit for the Year

                                Other Comprehensive Income
                                Other comprehensive income reclassified to profit and loss at later stages:

                                Share of other comprehensive income of associates
                                Net unrealized gain/(loss) from investments through other comprehensive income
                                Net realized (gain)/loss transferred to profit and loss from the sale of investments through other comprehensive income
                                Transferred to profit and loss from impairment of investments through other comprehensive income

                                Foreign currency adjustments from translation of foreign operations

                                Other Comprehensive Income for the Year
                                 

                                Total Comprehensive Income for the Year
                                 

                                Attributable to:

                                Shareholders of the parent company

                                Non-controlling interests

                                 

                                 

                                Consolidated Cash Flow for Insurance Company for the period ended (Day/Month/Year)
                                 20XX20YY
                                 AEDAED

                                Income (Profit/Loss) for the Year
                                Adjustments:
                                Depreciation
                                Unrealized Gain /Loss on Investment Properties
                                Unrealized Gain /Loss on Derivative Financial Instruments
                                Unrealized Gain /Loss Foreign Currency Exchange Fluctuation
                                Unrealized Gain /Loss on Investment
                                Other Gain/Loss
                                Cash Flows from Operating Activities
                                Increase /(Decrease) in Insurance Receivables
                                (Increase) /Decrease in Other Receivables and Prepayments
                                (Decrease) /Increase in Accounts Payable
                                (Decrease) /Increase in Insurance Contract Liabilities
                                Retirement Benefit Obligations
                                Net Cash from Operating Activities
                                Cash Flows from Investing Activities

                                Purchase of Property, machinery, and equipment
                                Proceeds from Sale of Property, machinery, and equipment
                                Investments
                                Net Cash from Investing Activities
                                Cash flows from Financing Activities

                                Purchase of Treasury Shares
                                Dividends Paid to Company's Shareholders
                                Proceeds from Borrowings
                                Proceeds from Issuance of shares
                                Net Cash from Financing Activities
                                (Decrease) /Increase in cash and cash equivalents
                                Cash and Cash Equivalents at the End of the Year

                                Consolidated Statement of Change in Equity for Insurance Company as of (Day/Month/Year)

                                Attributable to Equity Holders of the Parent

                                Other Reserves (AED)
                                NotesTreasury shareAdditional paid-in capitalRetained earningsForeign currency translation
                                reserve
                                Issued and paid up share capitalShare premiumTreasury shares reserveEmployees share option reserveRevaluation reserveStatutory reserveGeneral reserveCumulative changes in reserve on
                                investments through other
                                comprehensive income
                                Total ordinary shareholders' equityOther equity instrumentsMinority interestsTotal equity

                                Balance at December 31,20XX
                                Profit/Loss for the year
                                Other comprehensive income/loss for the year
                                Total comprehensive loss for the year
                                Dividends
                                Issue of bonus shares
                                Balance at December 31,20YY
                                Profit/Loss for the year
                                Other comprehensive income/loss for the year
                                Total comprehensive loss for the year Dividends
                                Issue of bonus shares
                                Balance at December 31, 20ZZ

                                 

                                 

                                Financial Position for Insurance of Persons and Fund Accumulation Operations for Insurance Company as of (Day/Month/Year)
                                 Notes20XX20YY
                                  AEDAED

                                Assets

                                Property, machinery, and equipment
                                Investments in associates
                                Goodwill
                                Financial Instruments
                                Investment in Properties
                                Investments in financial securities
                                Investments at amortized cost
                                Investments through other comprehensive income
                                Derivative financial instruments
                                Investments carried at fair value through other comprehensive income
                                Available for sale Real Estate investments
                                Insurance balances receivable
                                Statutory deposits
                                Loans guaranteed by life insurance policies
                                Premiums and insurance balances receivable
                                Reinsurers share of outstanding claims
                                Other receivables and prepayments
                                Deposits
                                Cash and cash equivalents
                                Total Assets

                                 

                                Shareholders' Equity and Liabilities
                                Shareholder Equity attributable to shareholders of the Parent

                                Treasury shares
                                Additional paid-in capital
                                Retained earnings/loss
                                Minority Interest
                                Foreign currency translation adjustments

                                Shareholders' Equity
                                Issued and paid up share capital
                                Treasury reserve
                                Employees share option reserve
                                Revaluation reserves
                                Statutory reserve
                                General reserve
                                Cumulative change in available for sale investments
                                Total Reserves
                                Total Shareholders' Equity
                                Liabilities

                                Borrowings
                                Retirement benefit obligation
                                Derivative financial instruments

                                Payables
                                Insurance Liabilities
                                Insurance contract liabilities
                                Premiums received in advance
                                Technical provisions
                                Unearned Premium Reserve
                                Claims under settlement reserve
                                Claims Incurred but Not Reported
                                Allocated loss adjustment expenses
                                Unallocated loss adjustment expenses
                                Mathematical Reserve
                                Total Technical provisions
                                Total Liabilities
                                Total Shareholders' Equity and Liabilities

                                 

                                 

                                 

                                Income Statement for Insurance of Persons and Fund Accumulation Operations for Insurance Company as of Month, 20XX
                                 Notes20XX20YY
                                  AEDAED

                                Gross Premium
                                Reinsurance Share of Gross Premiums
                                Reinsurance Share of Ceded Business Premiums

                                Net Premium
                                Net Transfer to Unearned Premium Reserve
                                Net Transfer to Mathematical Reserve for Life Insurance
                                Operations

                                Net Premium Earned
                                Commissions Earned
                                Commissions Paid
                                Net earnings from Life Insurance Investments
                                Others

                                Gross Underwriting Income

                                Gross Claims Paid
                                Reinsurance Share of Insurance Claims and loss adjustment
                                expenses recovered from reinsurers
                                Reinsurance Share of Ceded Business Claims

                                 

                                Net Claims Paid
                                Provisions for Outstanding Claims
                                Reinsurance Share of Outstanding Claims
                                Earnings and Cancellations of Life Insurance Policies
                                Increase/ (Decrease) in Incurred But Not Reported Reserves (short-term products only)
                                Increase/ (Decrease) in Allocated Adjustment Expense Reserve
                                Increase/ (Decrease) Unallocated Loss Adjustment Expense Reserve
                                Increase/ (Decrease) in Mathematical Reserves

                                 

                                Net Claims Incurred

                                Net Underwriting Income
                                Income from Investments
                                Income from Investments in Properties
                                Foreign Currency Exchange Fluctuation (Gain/Loss)
                                Other Gain/Loss

                                Total Income

                                General and Administrative Expenses
                                Bonuses and Rebates (Net of Reinsurance)

                                Other Operating Expenses

                                 

                                Net Profit/Loss for the Year

                                Net loss on revaluation of investments through other comprehensive income
                                Reclassification adjustment relating to investment through other comprehensive income impaired during the year
                                Transfer to profit or loss on investments for sale/ amortization/ provision/ impairment loss on financial assets carried at amortized cost
                                Board of Directors' remuneration
                                 

                                Total Comprehensive Profit/Loss for the Year
                                 

                                Earnings per share:
                                Basic
                                Diluted

                                Financial Position for Property and Liability Insurance Company as of (Day/Month/Year)
                                 Notes20XX20YY
                                  AEDAED

                                Assets
                                Property, machinery, and equipment
                                Investments in associates
                                Goodwill
                                Financial Instruments
                                Investments in Properties
                                Investments in financial securities
                                Investments at amortized cost
                                Investments designated at fair value through the other comprehensive income
                                Derivative financial instruments
                                Investments classified as fair value through income statement
                                Investments in properties
                                Insurance receivables
                                Statutory deposits
                                Premiums and insurance balances receivable
                                Reinsurers' share of outstanding claims
                                Other receivables and prepayments
                                Deposits
                                Cash and cash equivalents
                                Total Assets

                                Shareholders' Equity and Liabilities
                                Shareholders' Equity attributable to Shareholders of the Parent:

                                Treasury shares
                                Additional paid-in capital
                                Retained earnings/loss
                                Minority Interest
                                Foreign currency translation adjustments
                                Issued share capital
                                Share premium
                                Treasury reserve
                                Employees share option reserve
                                Revaluation reserves
                                Statutory reserve
                                General reserve
                                Cumulative Fair Value through other comprehensive income
                                Total Reserves
                                Total Shareholders' Equity
                                Liabilities

                                Borrowings
                                Retirement benefit obligation
                                Derivative financial instruments
                                Accounts Payables

                                Insurance Liabilities
                                Insurance contract liabilities
                                Premiums received in advance
                                Technical provisions

                                Unearned Premium Reserve
                                Claims under settlement reserve
                                Incurred but Not Reported reserve
                                Allocated loss adjustment expense reserve
                                Unallocated loss adjustment expense reserve
                                Total Technical Reserves
                                Total Liabilities
                                Total Shareholders' Equity and Liabilities

                                 

                                 

                                 

                                Income Statement for Property and Liability Insurance Company for the period ended (Day/Month/Year)
                                 Notes20XX20YY
                                  AEDAED

                                Gross Premium
                                Reinsurance Share of Gross Premiums
                                Reinsurance Share of Ceded Business Premiums

                                Net Premium
                                Net Transfer to Unearned Premium Reserve

                                Net Premium Earned
                                Commissions Earned
                                Commissions Paid Others

                                Gross Underwriting Income

                                Gross Claims Paid
                                Reinsurance Share of Insurance Claims and loss adjustment
                                expenses recovered from reinsurers
                                Reinsurance Share of Ceded Business Claims

                                Net Claims Paid
                                Provisions for Outstanding Claims
                                Reinsurance Share of Outstanding Claims
                                Increase/ (Decrease) in Incurred but Not Reported Claims Reserves
                                Increase/ (Decrease) in Allocated & Unallocated Loss Adjustment
                                Expense Reserves

                                Net Claims Incurred

                                Net Underwriting Income
                                Income from Investments
                                Income from Investments in Properties
                                Foreign Currency Exchange Fluctuation (Gain/Loss)
                                Other Gain/Loss

                                Total Income

                                General and Administrative Expenses
                                Bonuses and Rebates (Net of Reinsurance)
                                Other Operating Expenses

                                Net Profit/Loss for the Year

                                Net loss on revaluation of investments through other comprehensive income
                                Reclassification adjustment relating to investment through other
                                comprehensive income impaired during the year
                                Transfer to profit or loss on investments for sale/ amortization/
                                provision/ impairment loss on financial assets carried at amortized cost
                                Board of Directors' remuneration

                                Total Comprehensive Profit/Loss for the Year

                                Earnings per share:
                                Basic
                                Diluted

                                 

                                 

                                Notes to the Financial Statements

                                1. Disclosure over the financial statements is made in accordance with International Financial Reporting Standards (IFRS) issued by the International Accounting Standards Board (IASB) and its interpretations issued by the International Financial Reporting Interpretations Committee (IFRIC), and according to the templates identified by the Authority.
                                   
                                2. Notes to financial statements include the following:
                                  •  
                                  • 2.1 General information.
                                  •  
                                  • 2.2 Adoption of new and revised International Financial Reporting Standards (IFRSs).
                                  •  
                                  • 2.3 Summary of significant Accounting Policies which include:
                                     
                                    1. Statement of compliance.
                                       
                                    2. Basis of preparation.
                                       
                                    3. Basis of consolidation.
                                       
                                    4. Business combinations.
                                       
                                    5. Goodwill.
                                       
                                    6. Insurance contracts.
                                       
                                    7. Revenue recognition.
                                       
                                    8. General and administrative expenses.
                                       
                                    9. Foreign currencies.
                                       
                                    10. Property, machinery and equipment.
                                       
                                    11. Investment properties.
                                       
                                    12. Impairment of non-financial assets.
                                       
                                    13. Provisions.
                                       
                                    14. Financial instruments.
                                       
                                    15. Financial assets.
                                       
                                    16. Financial liabilities.
                                       
                                    17. Dividend distribution.
                                       
                                    18. Others.
                                       
                                  2.4 Accounting assumptions and key sources of estimation of uncertainty.

                                  2.5 Property, machinery and equipment.

                                  2.6 Investment properties.

                                  2.7 Financial investments.

                                  2.8 Statutory deposits.

                                  2.9 Insurance contract liabilities and reinsurance contract assets.

                                  2.10 Insurance receivables.

                                  2.11 Bank balances and cash.

                                  2.12 Share Capital.

                                  2.13 Reserves.

                                  2.14 Bank borrowings.

                                  2.15 Insurance payables and others.

                                  2.16 Net investment income / loss.

                                  2.17 Related party transactions.

                                  2.18 Segment information.

                                  2.19 Contingent liabilities.

                                  2.20 Commitments.

                                  2.21 Insurance risk.

                                  2.22 Capital risk management.

                                  2.23 Financial instruments.

                                  2.24 Dividends.

                                  2.25 Approval of financial statements.

                                  2.26 Others.
                                   
                                3. In addition to the above, the Company should disclose the following:
                                   
                                  • 3.1 Gross Premium

                                    This item is to comprise all amounts due during the financial year in respect of insurance contracts entered into regardless of the fact that such amounts may relate in whole or in part to a later financial year, and must include the following:

                                    1. Premiums yet to be determined, where the premium calculation can be done only at the end of the year;
                                       
                                    2. Single premiums, including annuity premiums, and, in long-term business, single premiums resulting from bonus and rebate provisions in so far as they must be considered as premiums under the terms of the contract;
                                       
                                    3. Additional premiums in the case of half-yearly, quarterly or monthly payments and additional payments from policyholders for expenses borne by the Company;
                                       
                                    4. In the case of co-insurance, the Company's portion of total premiums;
                                       
                                    5. Reinsurance premiums due from ceding and retroceding insurance undertakings, including portfolio entries, after deduction of cancellations and portfolio withdrawals credited to ceding and retroceding insurance undertakings.
                                       
                                1. 3.2 Statutory Deposit

                                  In accordance with Federal Law No. (6) of 2007, the Company shall place a deposit at a Bank in the State as guarantee of fulfilling its liabilities and amounting to AED 4 million for Insurance of Persons and Fund Accumulation Operations, and AED 2 million per line of business for Property and Liability Insurance, not to exceed AED 6 million.

                                2. 3.3 Insurance Receivables

                                  This item consists of the following:

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Due from Policyholders

                                  Less: Allowance for Doubtful Debts

                                  Due from insurance/ reinsurance companies

                                  Due from brokers/ agents

                                  Less: Allowance for Doubtful Debts

                                  Insurance Receivable - Net

                                  Inside UAE:

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Due from Policyholders

                                  Less: Allowance for Doubtful Debts

                                  Due from insurance/ reinsurance companies

                                  Due from brokers/ agents

                                  Less: Allowance for Doubtful Debts

                                  Insurance Receivable - Net

                                  Note: The receivables ageing details to be disclosed separately for policyholders, reinsurance inward, reinsurance outward, brokers and agents in the below format:

                                  Inside UAE

                                  Less than 30 days

                                  30 - 90 days

                                  91 - 180 days

                                  181 - 270 days

                                  271 - 360 days

                                  More than 360 days

                                  Total

                                  Outside UAE

                                  Less than 30 days

                                  30 - 90 days

                                  91 - 180 days

                                  181 - 270 days

                                  271 - 360 days

                                  More than 360 days

                                  Total

                                  Movement on the provision for doubtful debts during the year was as follows:

                                   20XX20YY
                                   AEDAED

                                  Balance at the beginning of the year

                                  Additions

                                  Balance at year end


                                   
                                3. 3.4 Other Receivables and Prepayments

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Receivable from Employees

                                  Refundable Deposits

                                  Prepayments

                                  Others

                                  Other Receivables and Prepayments


                                   
                                4. 3.5 Issued Share Capital

                                  Subscribed and paid - up capital amounted to AED XX distributed over XX shares, the par value of each is AED 1 as of December 31, 20XX (against AED XX million shares of AED 1 each as of December 31,20YY).

                                5. 3.6 Payables

                                  This item consists of the following:

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Payables - Inside UAE

                                  Payables - Outside UAE

                                  Other payables

                                  Total

                                  Inside UAE:

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Accounts Payable -

                                  Insurance Companies Receivable

                                  Reinsurance Companies Receivable

                                  Accounts Payable -

                                  Receivable from Agents

                                  Receivable from Brokers

                                  Receivable from Employees

                                  Other payables

                                  Total

                                  Outside UAE:

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Accounts Payable - Article (1):

                                  Insurance Companies Receivable

                                  Reinsurance Companies Receivable

                                  Accounts Payable - Article (2):

                                  Receivable from Agents

                                  Receivable from Brokers

                                  Receivable from Employees

                                  Other payables

                                  Total


                                   
                                6. 3.7 Technical Provisions

                                  This item consists of the following:

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Insurance of Persons and Fund Accumulation:

                                  Unearned Premium Reserve

                                  Incurred but Not Reported Reserve (Short-term life and Fund Accumulation products of one year)

                                  Mathematical Reserve

                                  Allocated Loss Adjustment Expense Reserve

                                  Unallocated Loss Adjustment Expense Reserve

                                  Total Insurance of Person and Fund Accumulation Operations

                                  Note: Technical provisions details in the above format to be provided for each class of insurance as defined by the Authority.

                                  Property and Liability Insurance:

                                  Unearned Premium Reserve

                                  Incurred but Not Reported Reserve

                                  Unallocated Loss Adjustment Expense Reserve

                                  Total Property and Liability insurance Technical Provisions

                                  Total Technical Provisions

                                  Note: Technical provisions details in the above format to be provided for each class of insurance as defined by the Authority.

                                  Adequate explanation for the method adopted should be given and the method should be consistent from year to year for technical provisions. In case the Actuary decides to change the method being used from previous years, sufficient explanation to the same needs should be provided.


                                   
                                7. 3.8 Summary of the Actuary's report on the Technical Provisions

                                8. 3.9 Net Premium

                                   
                                  1. Gross premiums

                                     December 31,
                                     20XX20YY
                                     AEDAED

                                    Insurance of Persons and Funds Accumulation Operations

                                    Total Gross Premiums Insurance of Persons and Fund Accumulation operations

                                    Property and Liability insurance

                                    Total Gross Premiums for Property and Liability insurance Change in unearned premiums reserves Total Gross Premiums

                                    Note: Gross Premium details in the above format to be provided for each class of insurance as defined by the Authority.


                                     
                                  2. Premiums ceded to reinsurers

                                     December 31,
                                     20XX20YY
                                     AEDAED

                                    Insurance of Persons and Funds Accumulation Operations:

                                    Total Insurance of Persons and Fund Accumulation operations Insurance

                                    Premiums Ceded to Reinsurers:

                                    Property and Liability insurance:

                                    Total Property and Liability insurance Premiums Ceded to Reinsurers Change in unearned premiums reserves
                                    Total Premiums Ceded to Reinsurers

                                    Note: Premium ceded to reinsurers details in the above format to be provided for each class of insurance as defined by the Authority.


                                     
                                  3. Reinsurance share of accepted business premiums

                                     20XX20YY
                                     AEDAED

                                    Insurance of Persons and Funds Accumulation Operations

                                    Total Insurance of Persons and Fund Accumulation operations Insurance

                                    Premiums for accepted share of reinsurance business

                                    Property and Liability insurance

                                    Total Property and Liability insurance Premiums for accepted share of reinsurance business

                                    Change in unearned premiums reserves

                                    Total Premiums for accepted share of reinsurance business

                                    Note: Reinsurance share of accepted business premium details in the above format to be provided for each class of insurance as defined by the Authority.

                                    Total Net Premium (a-b+c)20XX20YY
                                     AEDAED

                                   
                                9. 3.10 Net Claims Paid

                                   
                                  1. Gross claims paid

                                     20XX20YY
                                     AEDAED

                                    Total Gross Claims Insurance of Persons and Fund Accumulation operations

                                    Total Gross Claims for Property and Liability insurance

                                    Total Gross Claims

                                    Note: Gross Claims Paid details in the above format to be provided for each class of insurance as defined by the Authority.


                                     
                                  2. Reinsurance share of claims

                                     December 31,
                                     20XX20YY
                                     AEDAED

                                    Total Insurance of Persons and Fund Accumulation operations Insurance

                                    Claims Ceded to Reinsurers

                                    Total Property and Liability insurance Claims Ceded to Reinsurers

                                    Total Claims Ceded to Reinsurers

                                    Note: Claims ceded to reinsurers details in the above format to be provided for each class of insurance as defined by the Authority.


                                     
                                  3. Reinsurance share of accepted business claims

                                     20XX20YY
                                     AEDAED

                                    Insurance of Persons and Funds Accumulation Operations

                                    Total Insurance of Persons and Fund Accumulation operations Insurance

                                    Claims for accepted share of reinsurance business

                                    Property and Liability insurance

                                    Total Property and Liability insurance Claims for accepted share of reinsurance business

                                    Total Claims for accepted share of reinsurance business

                                    Note: Reinsurance share of accepted business claims details in the above format to be provided for each class of insurance as defined by the Authority.

                                    Total Net Claims (a - b + c)20XX20YY
                                     AEDAED

                                   
                                10. 3.11 Capital risk management

                                  The solvency regulations identify the required Solvency Margin to be held in addition to insurance liabilities. The Solvency Margin (presented in the table below) must be maintained at all times throughout the year. The Company is subject to solvency regulations which it has complied with during the year. The Company has incorporated in its policies and procedures the necessary tests to ensure continuous and full compliance with such regulations.

                                  The table below summarizes the Minimum Capital Requirement, Minimum Guarantee Fund and Solvency Capital Requirement of the Company and the total capital held to meet these required Solvency Margins.

                                   December 31,
                                   20XX20YY
                                   AEDAED

                                  Minimum Capital Requirement (MCR)

                                  Solvency Capital Requirement (SCR)

                                  Minimum Guarantee Fund (MGF)

                                  Own Funds

                                  Basic Own Funds

                                  Ancillary Own Funds

                                  MCR Solvency Margin - Minimum Capital Requirement (Surplus/Deficit)

                                  MCR Solvency Margin Solvency Capital Requirement (Surplus/Deficit)

                                  MCR Solvency Margin Minimum Guarantee Fund (Surplus/Deficit)


                                   
                                11. 3.12 Risk management

                                  The listed risks should be disclosed in detailed, as a minimum:

                                   
                                  1. Underwriting Risk.
                                     
                                  2. Market and Liquidity (Investment) Risk.
                                     
                                  3. Credit Risk.
                                     
                                  4. Operational Risk.

                                   
                                12. 3.13 Claims development schedule

                        • Part Two: General Provisions

                          • Asset Distribution and Allocation Limits

                            • Article (3) Financial Solvency Requirements of Branches of Foreign Insurance Companies

                              The foreign company branches licensed in the State shall comply to the provisions set forth in the decision herein, when applying the requirements of the financial solvency stipulated in chapter two of the Financial Regulations, and the provisions stipulated in this decision are complementary to the provisions stipulated in the Financial Regulations.

                              • Fifth Article - Penalties

                                The Company not abiding with the instructions in this regulation will be penalized as per the penalties stipulated in the laws and as the case requires.

                                • Article (3)

                                  For the purpose of implementing the Asset distribution and allocation limits in accordance with the provisions of Article (3) of the Financial Regulations, the Company shall comply with the following:

                                  1. If the Company has investments exceeding the investment limits or sub-limits without a deficit in the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements , it shall include the annual and quarterly investment portfolio analysis reports stipulated in Article (10) of Chapter 1 of the Financial Regulations sequel to the Asset distribution and allocation limits on the Company and any plans the Company intends to take as part of the investment risk management process.

                                  2. If the Company has investments that exceed the Asset distribution and allocation limits and result in a deficit in the Minimum Capital , Solvency Capital or Minimum Guarantee Fund requirements, the Company shall submit a detailed realistic correction plan including outdistance the deficit in accordance with Article 8 of Chapter II of the Financial Regulations.

                                  3. If the Company desires to enter into new investments outside the asset distribution and allocation limits and has no deficit in any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, it may:

                                  A. Purchase, improve or increase any of the assets if the investment limit or sub-limit of that asset category has been exceeded.

                                  B. Purchase, improve or increase any assets if this would lead to exceeding the investment limit or sub-limit.

                                  Provided that the procurement, improvement or increases referred to in paragraphs (A) and (B) of this clause do not result in a default in meeting any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements.

                                  4. If the Company has a deficit in any of Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, or if this results from a purchase, improvement or if a deficit in meeting any of the Minimum Capital , Solvency Capital or Minimum Guarantee Fund requirements resulted from a purchase, improvement or increase, the company shall comply with the following:

                                  A. No purchases, improvements or increases in any assets if the investment limit or sub-limit of that asset category has been exceeded.

                                  B. No purchases, improvements or increases in any assets if this would lead to exceeding the investment limit or sub-limit.

                                  5. If the Asset distribution and allocation limits are exceeded by the Company for reasons beyond its control such as changes in the value of the assets or a change in the classification, the Company shall comply with the following:

                                  A. If this does not result in incapability to meet any of the solvency requirements, the investment portfolio analysis report stipulated in Article 10 of Chapter 1 of the Financial Regulations shall include an analysis of the excesses in the Asset distribution and allocation limits.

                                  B. If this results in a deficiency in any of the financial solvency requirements, the Company shall submit a detailed realistic correction plan including the outdistance of the deficit in accordance with Article 8 of Chapter II of the Financial Regulations.

                                • Sixth Article - Issuing Decrees

                                  The Director General of the Authority issues the required decrees and forms to enforce the instructions of these regulations.

                                  • Article (4)

                                    A. The Company shall process investments in the listed and not listed Associate Companies in the financial markets within the State in a separate category with a limit of (20%) of the invested assets therein with no sub-limit.

                                    A. The Company shall process investments in the listed and not listed Associate Companies in the financial markets outside the State in a separate category with a limit of (10%) of the invested assets therein with no sub-limit.

                                  • Seventh Article - Aligning Operations

                                    1. The Company shall align their operations to the covenants of the regulations herein according to the timeframes below:
                                       
                                      1. With regards to Section (1) Regulations Pertinent to the Basis of Investing the Rights of the Policyholders, the alignment period will be as follows:
                                         
                                        1. Any Company that exceeds the concentration and asset allocation limits mentioned in paragraph (1) of Article (3) are to regularize their positions within a period not exceeding three (3) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                           
                                        2. The regularization period is two (2) years for any Company that exceeds the concentration and allocation limits other than real estate mentioned in paragraph (1) of Article (3), as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                           
                                        3. The regularization period is two (2) years for provisions of this regulation other than the asset limits and allocations identified in paragraph (1) of Article (3), as of the next day subsequent to the issuance of these regulations in the Official Gazette.

                                         
                                      2. With regards to Section (2) Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund, the alignment period will be three (3) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                         
                                      3. With regards to Section (3) Regulations Pertinent to the Basis of Calculating the Technical Provisions, the alignment period will be two (2) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                         
                                      4. With regards to Section (4) Regulations Pertinent to Determining the Company's Assets that Meet the Accrued Insurance Liabilities, the alignment period will be three (3) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                         
                                      5. With regards to Section (5) Regulations Pertinent the Records which the Company shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority, the alignment period will be one (1) year as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                         
                                      6. With regards to Section (6) Regulations Pertinent the Principles of Organizing Accounting Books and Records of Each of the Companies, Agents and Brokers and Determine Data to be maintained in these Books and Records, the alignment period will be one (1) year as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                         
                                      7. With regards to Section (7) Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements, the alignment period will be one (1) year as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                                         
                                    2. During the alignment periods of this regulation the Company shall provide the Authority with the financial reports, solvency templates and reports as required by the Authority that demonstrate progress in aligning its operations according to the requirements and regulations herein. These reports shall be provided within the same period as the interim and annual audited financial statements.
                                  • Eighth Article - Publishing the Regulations and Acting on Them

                                    These regulations shall be published in the Official Gazette and are acted upon the next day from the publishing date.

                            • General Provisions

                              • Article (4) Rules of Application

                                All branches of foreign insurance companies shall calculate and disclose the value of the net assets of the Parent Company available to meet risk exposures in the State according to the following:

                                (a) The paid-up capital at the Parent Company's level shall be calculated by the result of multiplying the number of the exported and paid shares by the nominal value of the share.

                                (b) The additional paid-up capital at the Parent Company's level shall be calculated by the total amounts paid to the company for the exported shares, minus the nominal value of these shares.

                                (c) The net book value of assets at the Parent Company's level shall be calculated by deducting the liabilities from the assets, with the exception of:

                                1. The capital at the Parent Company's level.

                                2. The additional paid-up capital at the Parent Company's level.

                                3. Intangible assets at the Parent Company's level.

                                4. All reserves allocated for other purposes at the Parent Company's level except for reserves allocated to the State.

                                5. Guarantees or capital at the Parent Company's level allocated for financial solvency in other countries other than the United Arab Emirates.

                                6. Any other financial obligations at the Parent Company's level not allocated to meet the financial solvency requirements in the State.

                                • Article (5)

                                  1. All assets invested outside the Asset distribution and allocation limits determined in the Financial Regulations are considered not acceptable for the purpose of calculating the financial solvency and pursuant to the provisions of Article (11) of Chapter II of the Financial Regulations.

                                  2. In cases not stipulated in this decision, the provisions of the Financial Regulations prevail; including the provisions stipulated in Part II (General Provisions).

                                • Article (6)

                                  The Director General shall issue the decisions and circulars necessary to implement the provisions of this Decision.

                                • Article (7)

                                  This decision shall be published in the Official Gazette and shall come into effect from the date of its issuance.
                                   

                              • Article (5) Financial Solvency of the Parent Company

                                (a) All branches of foreign insurance companies shall provide the Insurance Authority with a copy of the solvency margin calculations on an annual basis in accordance with the requirements and legislation of the home country, a copy of the annual financial statements of the Parent Company and the auditor's report on these statements. In addition to, documents stating the adequacy of the Parent Company's capital issued by the supervisory body in the home country. These documents should include a comparison between the admissible assets and the required capital of the Parent Company in accordance with the solvency regulations in the home country.

                                (b) In case of a deficit in the financial solvency of the Parent Company, the branch of the foreign company licensed in the State shall provide the Insurance Authority with a report concerning this matter in accordance with the requirements stipulated in article No. (8) of Chapter two of the Financial Regulations. The report shall contain an analysis of the extent to which the deficit of the financial solvency of the Parent Company has affected the financial solvency of the branch of the foreign company operating in the State and the correction mechanism of the deficit in the solvency margin of the Parent Company.

                                C. In specific cases, the Authority shall request the Parent Company to provide it with the financial solvency requirements model in accordance with the Financial Regulations.

                              • Article (6) Minimum Assets Required from the Foreign Branch

                                All branches of foreign insurance companies operating in the State shall comply with the following:

                                A. To maintain at all times sufficient admissible assets to fulfil its liabilities inside the State, at a minimum.

                                (b) To register all documents subscribed by the foreign branch in the financial statements of the foreign company branch licensed in the State.

                              • Article (7) Available and Accepted Funds of the Parent Company to Meet the Financial Solvency Requirements

                                (a) The foreign company branch shall rely on the net book value of the assets at the Parent Company's level according to the decision herein when assessing the available funds of the Parent Company from the basic own funds that are used to meet the Minimum Capital Requirement, and ancillary own funds that are used to meet Solvency Capital Requirement and Minimum Guarantee Fund requirements.

                                (b) The foreign company branch shall comply to at least one of the following rules when requesting to rely on the net book value of the Parent Company's assets to meet any of the Minimum Capital Requirements, Solvency Capital Requirements and Minimum Guarantee Fund Requirements:

                                1. Transfer part of the Parent Company's funds to the branch's accounts inside the State, with the commitment not to dispose it in a way that affects the financial solvency of the branch except with the approval of the Authority.

                                2. Provide a bank guarantee letter to the Authority from any of the banks operating in the State according to the form prepared for this purpose.

                                3. Provide other form of guarantee, provided that it is approved by the Authority and includes at least the following:

                                (a) The funds shall be restricted to cover the insurance risks of the foreign branch within the State.

                                (b) The approval of the Authority shall be sought before disposing the funds or changing the guarantee in any case.

                              • Article (8) Other Cases

                                In cases other than those stipulated in the decision herein, the provisions contained in the Financial Regulation shall be adhered to.

                              • Article (9) General Provisions

                                The general provisions stipulated in part two of the Financial Regulations shall be adhered to.

                              • Article (10)

                                The Director General of the Authority shall issue the necessary decisions and circulars to implement the provisions of this decision.

                              • Article (11)

                                This decision shall be published in the Official Gazette and shall come into force two months after the date of its issuance.

        • Life Insurance

          • Insurance Authority Board of Directors’ Decision No. (49) of 2019 Concerning Instructions for Life Insurance and Family Takaful Insurance

            IA-BOD-RES 49/2019 Effective from 9/10/2019

             

            This Resolution has been amended by the Insurance Authority Board of Directors' Resolution No. (15) of 2020. You are viewing the latest version. Please find the PDF of the previous version on the table below.
            version 2 (consolidated as of 20/03/2020) 
            version 1 (effective from 09/10/2019) 

             

            Chairman of the Insurance Authority

            Having considered:

            1. - Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations as amended and its Executive Regulation;
            2. - Federal Decree No. (20) of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations and its Executive Regulation;
            3. - Cabinet Resolution No. (20) for 2019 Concerning Terrorism Lists Regulations and Implementation of UN Security Council Resolutions on the Suppression and Combating of Terrorism, Terrorist Financing and Proliferation of Weapons of, and Related Resolutions.
            4. - Board of Directors’ Resolution No. (3) of 2010 Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the State;
            5. - Board of Directors’ Resolution No. (4) of 2010 Concerning the Takaful Insurance Regulations;
            6. - Board of Directors’ Resolution No. (8) of 2011 Instructions Concerning the Regulations of Insurance Agents Business;
            7. - Board of Directors’ Resolution No. (15) of 2013 Concerning Insurance Brokerage Regulations as amended and related Decisions;
            8. - Board of Directors’ Decision No. (25) of 2014 related to the Financial Regulations for Insurance Companies;
            9. - Board of Directors’ Decision No. (26) of 2014 related to the Financial Regulations for Takaful Insurance Companies;
            10. - Board of Directors’ Decision No. (9) of 2017 concerning the Regulations on Licensing and Registration of Actuaries and Regulation of their Operations;
            11. - Board of Directors’ Decision No. (13) of 2018 Instructions Concerning Marketing Insurance Policies through Banks; and,
            12. - Pursuant to what has been presented by the Director General of the Authority and approved by the Insurance Authority Board of Directors,

            Has decided,

            • Article (1) – Definitions

              The following words and expressions shall bear the meaning indicated beside each of them unless the context indicates otherwise.

              StateThe United Arab Emirates.
              LawFederal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations, as amended.
              Executive RegulationsThe Executive Regulation of the Law.
              AuthorityThe Insurance Authority established by virtue of the provision of the Law.
              BoardBoard of Directors of the Authority.
              Director GeneralDirector General of the Authority.
              CompanyThe insurance Company incorporated in the State, or foreign branch of an insurance Company, licensed to carry out insurance operations in the State either through a branch or an insurance agent, including Takaful insurance companies.
              Insurance AgentThe person qualified by the Company and authorized to practice the insurance business on behalf of it or on behalf one of its branches.
              Insurance BrokerThe person who independently intermediates in insurance and reinsurance operations between the insurance or reinsurance proposer on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or reinsurance has been concluded.
              Financial RegulationsBoard of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and Board of Directors’ Decision No. (26) of 2014 Pertinent to Decision No. (49) of 2019 Pertinent to Regulations for Life Insurance and Family Takaful Insurance. Financial Regulations for Takaful Insurance Companies, as appropriate.
              ChargesAmounts or expenses that are considered as part of the premium whether related to expenditures, remuneration or costs, as appropriate.
              Actuarial FundingA method of calculation that a life insurance company can use to reduce the size of the unit reserves it needs to retain in respect of its unit-linked business. The Company effectively capitalizes some or all of the unit-related charges it expects to receive from the units it has nominally allocated, with the funding then being repaid from these future charges as they are received.
              Ad-hoc PremiumAn additional premium paid to a single premium policy or a non-regular payment for regular premium policies where the payment is over and above the Modal Premium for the purpose of increasing benefits.
              Annualized PremiumThe Policy Premium that the client has agreed to pay to the Company which covers a period of twelve months.
              ActuaryThe actuarial expert who is licensed and registered by the Authority and who has been appointed by the Board of Directors of the Company in accordance with the Financial Regulations.
              Cash ValueThe accumulated value to the policyholder from all sources, including protection and savings, after all standard policy charges are deducted, except for the Surrender Charges, which will be paid to the policyholder upon completion of the Policy Term or upon any termination or conversion which does not generate any Surrender Charges.
              CommissionsAll amounts paid to the Distribution Channels, including renewal commissions, related to selling and/or maintaining insurance policies. Irrespective of what they are called and how they are paid, these payments must be combined and counted as part of total commissions.
              Commission Claw-BackA recoupment of commissions paid up-front to Distribution Channels when a policy is surrendered prior to a specific period of time. Commission claw-back can also occur in the event of non-payment of premiums or contributions by the client during the initial commission claw-back period.
              Policy ChurningSelling an insurance policy to a policyholder which unnecessarily replaces an existing policy, for the purpose of increasing turnover and generating additional commissions.
              Credit Life ProductsThe products that are bundled together with the loans of the existing or new clients of banks or financial institutions. These loans can be, but are not limited to, mortgage, personal, auto, credit card, business, overdraft, etc.
              EIBOREmirates InterBank Offered Rate.
              Explicit Fund Management ChargesThe fund management fees, or any other fees related to the invested assets, such as processing fees, etc., which are charged to the policyholder by the Company.
              Implicit Fund Management ChargesAll fees which are being deducted by the fund manager and/or which are used to adjust the unit price by the fund manager.
              Free Look PeriodA period of time wherein the policy may be cancelled or surrendered in return for refunding the premium paid.
              IllustrationsDetailed projections of policy premiums, charges, surrender values, investment returns over the term of the insurance policy.
              Indemnity CommissionA commission up-front or in advance based on the future value of the policy, including the future periods, for which a commission claw-back may apply.
              Initial Access FeesAn initial up-front payment(s) made directly or indirectly, such as training costs, to Distribution Channel(s) by a Company as a fee to start a relationship, with or without any policy being sold.
              Maturity BenefitThe final Cash Value of the policy at the end of the Policy Term.
              Modal PremiumThe premium paid on a policy based on the frequency of the premium payments, which could be annual, semi-annual, quarterly or monthly.
              Mode of Premium PaymentThe frequency in which the policyholder selects to pay premiums. Frequency options are typically annual, semi-annual, quarterly, monthly or single premium.
              Net Asset ValueThe accumulated value of the invested assets in the policyholder account, after deduction of the Implicit and Explicit Fund Management Charges.
              Policy PremiumIncludes all regular amounts payable under the policy to the Company which are used for any protection or savings purposes. The payment for a Single Premium Policy would be considered a Policy Premium.
              Policyholder Reasonable ExpectationsThe minimum acceptable level of benefit payout, including options provided, non-guaranteed bonus rates, etc., based on information provided to the policyholder, and any other factors that may shape policyholders’ expectations.
              Premium Payment TermThe total number of periods, depending on the Mode of Premium Payment, over which the policyholder must pay the premium.
              Protection BenefitThe sum assured, which shall be paid to the beneficiary in the event that a covered peril, such as death, occurred. Such sum assured can be fixed or variable according to the structure of the insurance product. The accumulation of Net Asset Value from investments which are repaid to the policy beneficiary in the event that a covered peril occurred is not part of the Protection Benefit.
              Protection Benefit RatioA ratio defining the amount of protection coverage included in the value of the insurance policy.
              Pure Protection ProductsAny product that has a Protection Benefit, but has no Cash Value.
              Savings ProductsAny product that has a Cash Value would be treated under the umbrella of Savings Products.
              Short-Term ProductsAll products where the policy term is one year or less.
              Single Premium PolicyInsurance policy wherein a lump sum is paid as premium at the inception of the insurance coverage.
              Surrender ChargesFees charged to the policyholder, upon early termination, conversion or surrender of a policy, to cover the costs of the early termination of the policy.
              Surrender Value / Surrender BenefitThe Cash Value, or benefits, paid to the policyholder, after all Surrender Charges have been deducted.
              Long-Term ProductsAll products where the policy term is over one year.
              Unit Linked ProductInsurance plans that provide the option to invest in any number of qualified investments, such as stocks, bonds, mutual funds.
              Distribution ChannelsInsurance Agents, Insurance Brokers and the marketing of insurance policies through banks or finance companies, as well as, the direct production of the Company through its employees.
            • Article (2) – Instructions Application

              1. The provisions of the Instructions herein shall apply to the Companies, Distribution Channels and any other insurance-related profession regulated by the Authority.
                 
              2. The provisions of the Instructions herein shall apply to insurance policies concluded after the entry into force of their provisions.
            • Article (3) – Commission Limits

              First: The total Commissions paid to any Distribution Channels, are subject to the following commission limit rules.

              1. Pure Protection Products
                 
                1. The maximum Commissions paid is 10% of the periodic Annualized Premium times the number of years in the policy term. The overall cap of Commissions
                  over the full policy term is 160% of the Annualized Premium.
                   
                2. For a Single Premium Policy and Ad-hoc Premium, the maximum
                  Commissions paid must not be more than 10%.
                   
              2. Savings Products:

                The maximum Commissions paid is based on the following definitions and formula:

                1. Savings Ratio component – equals 4.5% of the periodic Annualized Premium
                  times the number of years in the policy term; an overall cap of Commissions over the full policy term is 90% of the Annualized Premium; and for a Single
                  Premium Policy and Ad-hoc Premium, the maximum Commissions paid must
                  not be more than 4.5% of the premium.
                   
                2. Protection Ratio component – equals 10% of the periodic Annualized
                  Premium times the number of years in the policy term. The overall cap of
                  Commissions over the full policy term is 160% of the Annualized Premium;
                  and for a Single Premium Policy and Ad-hoc Premium, the maximum Commissions paid must not be more than 10% of the premium.
                   
                3. Protection Benefit Ratio (“PBR”) – as determined by the Actuary as per Article
                  (13)
                  of the Instructions herein.
                   
                4. To calculate the maximum Commissions paid for a Savings Product, the Actuary must use the following formula, separately for each component:
                   

                Maximum Commission = [Protection Ratio x PBR] + [Savings Ratio x (1 – PBR)]

                Second: Premium Changes.

                1. The Actuary should consider non-recurring changes in the Annualized Premium due to add-on coverages, riders, or similar ad-hoc options in the same way as first year Annualized Premiums; meaning the commission limit rules apply as if the change in premiums is a separate policy.
                   
                2. Recurring changes in the Annualized Premium due to premium indexation features, which may or may not change the premium based on an independent index, may not be used to increase the overall caps for total Commissions; meaning the overall caps apply as if all future premiums are the same as the first year Annualized Premium.
                   
                3. Planned increases in the Annualized Premium due to premium indexation features, which increase the premium based on predetermined rules or amounts, may not be used to increase the overall caps for total Commissions; meaning the overall caps apply as if all future premiums are the same as the first year Annualized Premium.
                   
                4. Planned decreases in the Annualized Premium due to premium indexation features, which decrease the premium based on predetermined rules or amounts, may not be used to increase the overall caps for total Commissions; meaning the overall caps apply as if the first year Annualized Premium was calculated as an average of all future premiums.
                   

                Third: Policy Types.

                The commission limit rules apply to all types of Life insurance policies, whether sold to individuals or groups, regardless of the policy term and Distribution Channel, unless specifically stated otherwise in the Instructions herein.

                Fourth: Total Commission.

                If the commission is calculated based on the Cash Value or Net Asset Value of the policy and not on the premium, the Actuary needs to certify that the overall Commissions, using reasonable assumptions in the calculation, is consistent with the commission limits set in this Article.

                Fifth: Deferred Incentives for a Series of Policies.

                In the case of payment of incentives to Distribution Channels in the form of deferred compensation, entitlement of which is not pursuant to individual policies but with a series of polices. In such case, it is required to acquire an actuarial certificate to verify that the total Commissions are in accordance with the Instructions herein.

            • Article (4) – Indemnity Commission

              1. For Regular Premium policies, no Indemnity Commission is allowed beyond the conditions set out below. The Commissions paid should be based on the Annualized Premium collected.
                 
              2. If the Mode of Premium Payment is semi-annual, quarterly, or monthly, the Commissions paid can be based on the Annualized Premium. In this case, it must be borne by the Company and not through the policyholder account.
                 
              3. The Commissions paid on Annualized Premium is subject to the following conditions:
                 
                1. First year Commissions shall be capped at 50% of the Annualized Premium or
                  50% of the total Commissions payable under the insurance policy, whicheveris less.
                   
                2. The remaining Commissions shall be paid out equally over the remaining Premium Payment Term of the policy. For Premium Payment Terms of 20 years or more, the Actuary may propose a non-equal pay, provided that it will be subject to prior approval by the Authority, pursuant to Article No. (17) of the
                  Instructions herein.
                   
                3. The first year Commissions shall be subject to Commission Claw-Back during
                  the first five years of the policy at a minimum.
            • Article (5) – Multiple Distribution Channels

              1. The commission limit rules in these Instructions shall apply to all Distribution Channels when they are involved in selling the same insurance policy or if the Distribution Channel changes during the term of the policy. Thereupon, the commission limit rules apply as if there is only one Distribution Channel.
                 
              2. If the Company is selling through multiple Distribution Channels or using different types of Distribution Channels, the total costs, such as Commissions, internal expenses, etc., of selling through each channel shall be specifically allocated to the clients within each Distribution Channel. The policyholders shall only bear the costs associated with their Distribution Channel and shall not be disadvantaged by sharing some of the costs of another Distribution Channel, meaning there should not be any cross subsidization between Distribution Channels.
                 
              3. In case of expenses shared between different Distribution Channels, the expense allocation shall be carried out by the Actuary in accordance with the above-mentioned controls.
                 
              4. All Distribution Channels that are involved in the process of sale, shall comply with refunding the Commissions in full if the policy is surrendered within the Free Look Period. Likewise. the pro-rated first year Commissions must be refunded to the Company after the Free Look Period.
            • Article (6) – Policyholder Fees

              1. The payment of fees, including up-front, fixed, advice, management, trailing to any Distribution Channels are allowed provided that:
                 
                1. The fees are not recouped from the offered product;
                   
                2. The client is fully aware of the fees; and
                   
                3. The fees are considered to be part of total Commissions. Accordingly, they must be in line with the commission limit rules.
                   
              2. The payment of fees to an Investment Advisor is allowed provided that:
                 
                1. If the fees are not fully disclosed separately from all other charges or if the client is not fully aware of the fees and services at policy inception, then the fees are considered to be part of total Commissions. Accordingly, they must be in line with the commission limit rules;
                   
                2. If the fees are fully disclosed separately from all other charges and the client is fully aware of the fees and services at policy inception, then the fees shall not be part of total Commissions.
                   
                3. In all cases, the Investment Advisor is prohibited from selling and marketing insurance policies, unless a license is obtained from the Authority.
                   
              3. The Company is allowed to pay Initial Access Fees to start a relationship with any Distribution Channel. However, the Initial Access Fees must be borne entirely by the Company and may not, by any means, be charged to the policyholders. The Initial Access Fees must also be offset against Commissions payable to the Distribution Channel until they are fully repaid.
                 
              4. For multi-year relationships with any Distribution Channel which started prior to the end of the alignment period, the Initial Access Fees to be repaid must be based on a pro rata share of the charges for the unexpired term of the relationship.
            • Article (7) – Disclosures

              1. The following issues in Articles (8) to (13) with regards to communicating with the client need to be complied with at all times and for all new policies sold after the effective date of the provisions of this decision, as appropriate.
                 
              2. Companies are required to have approved internal risk management controls that defines the clear responsibilities of the individuals, Distribution Channel, and the Company in the event that any breach in disclosures are made to the client. These controls must be shared and signed off by all the concerned stakeholders that are involved in selling Life insurance products.
                 
              3. All documents which can be provided to the clients must be available in two languages; the Arabic language and another language as requested by the client.
            • Article (8) – Solicitation of Contract

              1. The Company, or any Distribution Channel, is prohibited to ask the policyholder for full documentation in order to produce Illustrations. This includes, but is not limited to, passport, visa, bank account, etc.
                 
              2. The Company cannot sell a product unless the client has signed, either physically or electronically, on all the relevant documents required to sell the product. A copy of these documents must be provided to the client.
            • Article (9) – Free Look Period

              1. A Free Look Period of at least 30 calendar days must be provided to the policyholder. The Free Look Period starts on the date of policy issuance, the date when coverage commences, or the date when the policy documents are signed by the client, whichever is earlier. The Distribution Channels directly involved in the sale process cannot ask for an explanation from the policyholder in case the policyholder determines to cancel or surrender the policy during the Free Look Period.
                 
              2. The Company, or a Distribution Channel representative not directly involved in the sale process, has the right to contact the policyholder to identify the reasons for the cancellation. However, any abuse of this right, such as applying pressure on the policyholder, will be considered a breach of the code of professional conduct.
                 
              3. The Company should have a policy to refund the full premium in case of surrender within the Free Look Period. If the Company determines to adjust the premium using the Net Asset Value of the funds invested, both upward and downward gains / losses must be provided to the client. In the latter case, the Company cannot charge any bid-offer spread or any other charges to the client.
                 
              4. The Company may deduct reasonable medical underwriting costs that have been incurred, for which a receipt and report must be provided to the client. No other costs, including risk premium cost, financial underwriting cost, cost incurred in issuance of policy, etc., can be deducted from the policyholder account. In order to deduct the reasonable medical underwriting costs, they must be approved by the Authority and clearly defined in the product submission to the Authority, as per Article (17) of the Instructions herein, by the Actuary.
                 
              5. Excluding the persons directly involved in sale, the Company must contact the client to confirm that he/she is aware of the policy conditions, maturity, surrender, cancellation and short period schedule.
            • Article (10) – General Provisions Concerning the Illustrations

              1. The Illustration shall provide details of basic plans and supplementary riders, including the following, as a minimum:
                 
                1. Mode of Premium Payment: Yearly / Half Yearly / Quarterly / Monthly / Single.
                   
                2. Annualized Premium and Modal Premium.
                   
                3. Name of plan, Protection Benefit, policy term, and Premium Payment Term.
                   
                4. The Protection Benefit, Cash Value, Net Asset Value, Maturity Benefit, and Surrender Value should all be clearly defined and not combined. Similar values for riders should be clearly distinguished.
                   
                5. The premiums should be gross of all charges and fees, and the Protection Benefit, Cash Value, Net Asset Value, Maturity Benefit, and Surrender Value should be net of all charges and fees.
                   
                6. The headings in the Illustration table should be “Illustrative Values” or “Guaranteed Values” as applicable.
                   
                7. Cumulative main plan premium should be provided.
                   
                8. All other charges need to be disclosed, meaning no hidden charges are allowed.
                   
                9. Any details related to Ad-hoc premiums should be provided separately.
                   
              2. For the policies sold after the effective date of these Instructions, a revised Illustration should be provided to the client upon request, or in the event of:
                 
                1. Any significant Ad-hoc premium, such as more than 20% of Net Asset Value;
                   
                2. Any significant partial withdrawal, such as more than 20% of Net Asset Value;
                   
                3. Any change in Protection Benefits, including the increase / decrease in the rider benefits.
                   
                4. Any change in future premium;
                   
                5. Any change in Mode of Premium Payment; or
                   
                6. Any change in policy term or Premium Payment Term.
                   
              3. All Companies are required to send a policyholder account statement to the policyholder, at least semi-annually. For clients that request an account statement more frequently than semi-annually, the Company may charge a fee, provided this fee is predefined in the policy.
                 
              4. All Companies are required to produce the Illustration values at the gross rate of return and then deduct all charges in determining the policyholder benefits. The gross rate of return is calculated before both Explicit and Implicit Fund Management Charges. All charges could include Explicit and Implicit Fund Management Charges, bid-offer spread, mortality premium, supplementary rider premium, premium charges, commission charges, and any other charges included in the calculation of the Protection Benefits, Cash Values, Net Asset Values, Maturity Benefits, Surrender Values and any other values shown in the Illustrations. The following shall be observed:
                 
                1. The Company should deduct underlying Implicit Fund Management Charges in addition to its own charges and fees as applicable.
                   
                2. In case of a Mirror Fund, the Explicit Fund Management Charges and the Implicit Fund Management Charges both need to be deducted as applicable.
                   
                3. If the underlying funds of a Unit Linked Product have differing charges, a representative charge can be used provided that it is equal to or greater than the weighted average for the underlying funds.
                   
              5. At least two scenarios, based on different sets of clearly defined assumptions such as investment rates of return, distribution charges, Surrender Charges, and similar charges, should be provided to illustrate variability in investment returns. The maximum gross investment rate used for the purpose of the calculation should not be greater than the three-month EIBOR + 4%, rounded up to the next 0.5%.
                 
                1. The Company can update the maximum gross investment rate either annually starting January 1 or quarterly. If the update is annually, the Company should use the first EIBOR rate published after December 1 of the prior year. If quarterly, the Company should use the following EIBOR rates:
                   

                  For Illustrations produced during:

                  Use first EIBOR published on or after

                  January 1 to March 31

                  December 1

                  April 1 to June 30

                  March 1

                  July 1 to September 30

                  June 1

                  October 1 to December 31

                  September 1

                2. If the Company updates the maximum gross rate annually, they should still monitor the EIBOR rates on a quarterly basis and issue an interim update for any quarter in which the change from the current maximum gross rate is +/-1.5%, or 150 basis points, or more.
                   
              6. The Company can charge both Explicit and Implicit Fund Management Charges, but it must explicitly disclose all fund management charges to the client. Further, if the Company and/or Distribution Channels are getting any form of rebate or refund from a third party or fund manager, then this will belong to the client and not to the Company or the Distribution Channels. This must be clarified in the Illustrations.
                 
              7. For with profit policies, bonus sustainability analysis must be carried out, and certified by the Actuary. This should be provided in any Illustrations. The analysis should be consistent with mortality, morbidity, investments, cancellation, withdrawal, and etc., which shall be the same as in the last valuation report. The Actuary may also need to justify the reason(s) for variances, if any, between the valuation report and Illustrations.
                 
              8. The Company must also provide an Illustration, in the appendix, to give a clear picture of all the charges deducted and to show the guaranteed and non-guaranteed portions separately. This Illustration can be in the form of a “reduction in yield” or “effect of charges” breakdown which must be approved by the Authority and included with the product submission by the Actuary. If the Authority deems that these Illustrations are not clear or ambiguous, then using a 0% gross investment rate of return scenario can be required.
                 
              9. All charges to the clients that can be changed in the future at the discretion of the Company must be disclosed. This includes, but is not limited to charges for contingencies that may relate to any future event that may be beyond the control of the Company, such as a change in mortality rates. Any such charge needs to be filed with the Authority, including the reason(s) for the change, along with an actuarial certificate before implementation.
                 
              10. At the point of sale, the Surrender Charges and Surrender Value of the policy at the end of each year must be provided as a separate document and must not be stapled together with the entire policy. The fonts of this page should have ‘Red’ color and the client must sign this page separately.
            • Article (11) – Declaration from Policyholder and the Distribution Channel

               

              1. A statement to be signed and dated by the applicant or policy owner reading as follows must be included: “I have received a copy of the illustration documents and understand that any non-guaranteed elements included in the documents are subject to change and could be either higher or lower. The [Distribution Channel] has informed me that they are not guaranteed. Further, I confirm that the [Distribution Channel] has not made any verbal or written communication, electronic file or any other material that is different from the illustration documents.”
                 
              2. A statement to be signed and dated by the Distribution Channel or fund manager reading as follows must be included: “I certify that the illustration documents have been presented to the applicant and that I have explained that non-guaranteed elements illustrated are subject to change. Further, I confirm that I have disclosed all charges and fund management charges to the client. I have made no statements in any form that are inconsistent with the illustration documents.”
            • Article (12) – Historical Performance

              The Company should provide the historical performance of at least the Top 5 Funds to the policyholder, where the performance of the policyholder's account is dependent on either an internal or external fund, which should include at least 5 years of fund performance or all years if the fund has not yet completed 5 years. A separate fund performance report based on the client’s chosen portfolio of funds should also be provided, considering the following requirements.

              1. The Company must either provide information for all funds available with respect to a particular product, or provide information for all of the funds the Company offers. The Company and the Distribution Channel cannot pick and choose which funds to show a particular client.
                 
              2. The fund’s performance should be updated annually, or more frequently, after the finalization of the Company's accounts. A copy of the performance of each fund should be provided to the Authority whenever it is updated.
                 
              3. If there are particular funds that are not applicable to a specific product, the Company can use only the funds available for that product to determine the Top 5 Funds.
                 
              4. The Company can segregate funds to match the risk appetite of the policyholder, such as low / medium / high risk. For segregated funds, the Company should strive to provide the performance for the Top 5 Funds in each group, unless fewer than 5 funds are available within a group.
                 
              5. If any of the Top 5 Funds has existed for less than five years, the Company should provide more fund options to policyholders.
                 
              6. The requirements for sharing the performance of the Top 5 Funds are at the point of sale and on an annual basis for the policyholder.
                 
              7. The Top 5 Funds only needs to include funds available to policyholders in the UAE and not globally.
            • Article (13) – Protection Benefit Ratio

              1. Savings Products with a Protection Benefit Ratio less than 10% for any age, gender, smoker status, premium payment term, policy term, etc. can only be marketed when sufficient warnings are provided to the clients. The following calculation of the Protection Benefit Ratio should form part of the product certification by the Actuary:

              Present Value of Protection Benefit related payouts over the Policy Term


              Present Value of Policy Premiums received over the Policy Term

              1. Any product that has a Protection Benefit Ratio below the above requirement must include a disclosure highlighted in a Bold Red font that “the product has a limited or no protection benefit". The client signature is required directly below this disclosure.
            • Article (14) – Protecting the Rights of Policyholders

              1. In case Companies are selling Savings Products with different charges and different names that are deducted from the policyholder’s account, it is the responsibility of the Actuary to ensure that the profitability of each Savings Product is achieved throughout the policy term and that the policyholder is not overburdened for the Company's profit in the initial year(s). The Actuary is required to equitably allocate Surrender Charges for Savings Products between the Company and the policyholder.
                 
              2. The Company may consider a Surrender Charge for the purpose of mitigating risk in relation to expenses incurred.
                 
              3. The Surrender Value of a policy must be set on an equitable basis to both the policyholder and the Company. The Surrender Value, at any time of the policy, should be set in a way that the profit of the Company should not be greater than or equal to what would have been earned if the policyholder did not surrender the policy.
                 
              4. The application of charges while determining the Surrender Value must be consistent with the rating structure of the policy and should be disclosed in the policy documentation, promotional material, and Illustrations.
                 
              5. For policies that have any bonus, such as reversionary or guaranteed, at maturity, the Surrender Value should be defined in a way that it maintains the incentive of the Company to serve the policy near the end of the policy term. It is important that the Surrender Charge is appropriately shared between the policyholder and the Company and should not be treated solely as income for the Company.
                 
              6. Should the adopted methodology result in a negative or zero Surrender Value, the Surrender Value may be set to zero. In this case, clear rationale should be provided to the Authority with justified consideration made with regards to treating the client fairly.
                 
              7. The interest of the policyholder shall be considered when deriving the Surrender Value from the Cash Value. Should a policyholder choose to stop paying premiums and maintain the same term coverage, such as to purchase a single premium term / endowment / whole Life policy for the Surrender Value amount for the remaining policy term, then the Surrender Charges related to the conversion should be minimal as it should exclude all amounts that the client has already paid such as Commissions or policy set-up charges.
            • Article (15) – Credit Life Products

              For Credit Life Products sold through banks, or through Distribution Channels, the following rules shall apply:

              1. The requirements for disclosures in Articles (8) to (13) of these Instructions shall not apply to Credit Life Products.
                 
              2. This Article is not applicable to the renewal Commissions for an existing block of in-force Credit Life Products only if the premium rates throughout the policy term have been guaranteed to the client. If the Company reserved the right to change premium rates, then this Article shall be applicable for an existing block of in-force business.
                 
              3. Long-Term Single Premium Credit Life Products sold by a Distribution Channel shall be excluded from this Article and shall be covered under Articles (3) to (14).
                 
              4. Quoting net of Commissions rates is not allowed. The Distribution Channel must quote the full rates provided by the Company and get the Commissions back from the Company in return. The Distribution Channel is not allowed to adjust the Commissions or the premium rate.
                 
              5. The Company needs to obtain a separate confirmation from the client that premiums for Credit Life Products are being charged and paid by the client. It cannot be combined with or part of the overall documents provided by the Distribution Channel to the client for a loan or other transaction. The policy documents, brochures, benefits, charges, etc. must be provided to the clients.
                 
              6. A Distribution Channel can have an exclusive arrangement with one Company. In case the client wishes to deal with another Company, this shall be considered, according to the type of license granted to the Distribution Channel.
                 
              7. Any amount refunded based on the performance of the portfolio, such as profit commission, takaful surplus, re-takaful surplus, etc., if applicable, should be provided back to the takaful Participants’ Fund and not to be paid to the Distribution Channel as an incentive. It is the responsibility of the Company to ensure that the amount has then been transferred to the clients and not to be cross subsidized with other lines of business.
                 
              8. The Company is allowed to pay Initial Access Fees to Distribution Channels. However, the Initial Access Fees must be borne entirely by the Company and may not be charged to the clients by any means whatsoever. Whenever any Initial Access Fees have been paid to a Distribution Channel, the Company is required to offset Commissions against the Initial Access Fees until they have been fully repaid.
            • Article (16) – Wakala and Mudaraba Fees

              1. For Short-Term Products, Wakala or Mudaraba fees (as appropriate), to which the Participants’ Fund shall be charged, shall be determined at a maximum of 35% of the gross written takaful contributions and the revenue of participants’ investments, earned during the fiscal year. The Shareholders’ Fund shall bear all operating, general and administrative expenses of the takaful insurance operations, without charging the Participants’ Fund any expenses other than the percentage mentioned in this paragraph. The maximum Wakala fee of 35% shall include the total Commissions.
                 
              2. For Long-Term Products, the Company shall determine Wakala fees in line with their expense requirement analysis prepared by the Actuary. The Actuary shall have a clear role in ensuring that ‘Policyholder Reasonable Expectations’ are considered when determining the Wakala fees and that the charges of Wakala fees are not against the client’s interest.
            • Article (17) – Submitting the Product to the Authority

              1. All products must be certified by the Actuary and submitted in accordance with the requirements of the Authority. In all cases, the following documents and data shall be provided at a minimum:
                 
                1. Policy contract or wording;
                   
                2. Policy documents, including sample policy specification schedule if any;
                   
                3. Application form;
                   
                4. Sample Illustrations;
                   
                5. Product brochures and sales materials;
                   
                6. Premium adequacy analysis;
                   
                7. Information regarding any reinsurance arrangements;
                   
                8. Information related to takaful insurance, details of Wakala and / or Mudaraba fees of the product
                   
                9. All documents specified by the Authority; and
                   
                10. Any other material deemed relevant by the Actuary.
                   
              2. All policy documents that could be submitted to the policyholder must be duly submitted in both Arabic and English.
                 
              3. All existing products sold prior to the end of the alignment period can remain in use after the alignment period and it is not mandatory to be resubmitted for approval if they meet all of the terms and conditions of the Instructions herein.
            • Article (18) – Policy Churning

              1. All forms of Policy Churning by a Company or a Distribution Channel are strictly prohibited.
                 
              2. All complaints of Policy Churning submitted to the Authority will be reviewed, in terms of compliance with the relevant licensing requirements for the Company or the Distribution Channels. The proceedings shall be taken in accordance with the provisions of the law, regulations, instructions and decisions issued pursuant thereto, to determine if the content of the complaint is justified, by the Director General.
                 
              3. A Company or a Distribution Channel can document that a policy termination and re-initiation or renewal does not constitute Policy Churning by demonstrating that:
                 
                1. The total Commissions paid to the Distribution Channel for the combined policies, such as the policy(ies) being terminated and the new policy(ies)being initiated or expired and renewed policies, do not exceed the commission limit rules in Articles (3) to (6) of these Instructions. During the alignment period, this rule remains in force, even if new policies which comply with the commission limit rules have not yet been submitted to the Authority;
                   
                2. The policy termination and re-initiation was requested by the policyholder without being prompted by the Company or Distribution Channel and that the policyholder has agreed in writing to total Commissions paid to the Distribution Channel for the combined policies which exceeds or may exceed the commission limit rules in Articles (3) to (6) of these Instructions.
                   
              4. All Companies should initiate market conduct practices to detect any violation in collecting commissions by Distribution Channels. This includes, but is not limited to, underwriting enquiries or requesting information about previous Life insurance policies, random audits of Distribution Channels, etc.
            • Article (19) – Actuarial Funding

              Actuarial Funding is not allowed for financial reporting purposes and all Companies must establish technical provisions by cash allocation for initial units for all Unit-Linked Products.

            • Article (20) – Penalties

              In case the Company, Distribution Channels or any person violates any of the provisions of these Instructions, the penalties stipulated in the Law, regulations, instructions and decisions issued pursuant thereto shall apply.

            • Article (21) – Issuing Decisions

              The Director General of the Authority issues the required decisions, circulars and forms to enforce the provisions of these Instructions.

            • Article (22) – Publication and Effective Date

              The Instructions herein shall be published in the Official Gazette and shall come into force after six months as from the day following to the date of its publication.

              (The period granted to the entry into force has been extended for an additional period of (six of months), starting from 16/4/2020, as per the Insurance Authority Board of Directors’ Resolution No. (15) of 2020)

        • Motor Insurance

          • Insurance Authority Board of Directors' Decision No. (25) of 2016 Pertinent to Regulation of the Unified Motor Vehicle Insurance Policies

            IA-BOD-RES 25/2016 Effective from 22/9/2016

             

            This Decision has been amended by the Insurance Authority Board of Directors' Decision No. (42) of 2017 and the Insurance Authority Board of Directors' Resolution No. (26) of 2020 respectively. You are viewing the latest version. Please find the PDF of the first version on the table below.
            version 2 (consolidated as of 18/01/2021) 
            version 1 (effective from 22/09/2016) 

             

            The Chairman of the Board of Directors of the Insurance Authority,

            1. - Having perused Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of insurance Operations, as amended, and its Executive Regulations;
            2. - Ministerial Resolution No. (54) of 1987 Concerning Unified Motor Vehicle Insurance Policies, as amended; and
            3. - At the approval of the Board of Directors of the Insurance Authority and the proposal of the Director General of the Authority;

            Has resolved as follows:

            • Article (1) Definitions

              The following terms and phrases shall have the meanings as stated beside them unless the context provides otherwise:

               

              State: The United Arab Emirates.
              Authority: The Insurance Authority, established by virtue of Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of Insurance Operations, as amended.
              Board: The Insurance Authority Board of Directors.
              Company: The insurance company incorporated in the State, or foreign branch of and insurance company, that is licensed to carry out insurance operations in the State either through a branch or an insurance agent.
              Insured: A natural or corporate person that has applied for insurance, entered into an insurance contract with the company, and paid or has agreed to pay the premium.
              Motor Vehicle Driver: The insured or any person who drives the motor vehicle with the permission or by order of the insured, provided that they are licensed to drive the motor vehicle category according to the Traffic Laws and other laws and regulations, and that the granted license has not been cancelled by court's order or by virtue of the Traffic Laws and its Executive Regulations. This definition includes the driver whose driving license has expired if they managed to renew it within thirty days from the date of accident.
            • Article (2)

              1. The company shall issue a motor vehicle insurance policy against third party liability and motor vehicle insurance policy against loss and damage according to the two forms attached hereto. These forms may not be amended or altered unless such amendment is in favor of the insured or beneficiary. The two forms attached hereto shall constitute an integral part thereof.
              2. The Takaful insurance company shall comply with the provisions of the two policies subject to Takaful insurance terminology, as the case may require.
            • Article (3)

              The company shall comply with the international agreements ratified by the State, including the "Unified Insurance Card Treaty on Motor Vehicles Across Arab Countries (the Orange Card)". Extension of a third party liability insurance policy to Arab countries may only be accepted under the Orange Card, and this applies to all non-UAE motor vehicles coming into or crossing in the State.

            • Article (4)

              1. The company should issue a third party liability insurance policy on all motor vehicles licensed in the State when it is so requested by the related parties.
              2. The company may not refuse granting insurance against loss and damage, refuse to renew an insurance policy, or discriminate between the insured in relation to insurance rates and conditions and benefits of insurance coverage on the grounds of age, sex, residence, or lapse of less than one year after being granted the driving license, as long as the insurance applicant holds a valid driving license issued by the competent authorities, unless for technical or actuarial reasons or according to its previous experience with the insured.
              3. If the company decides to refuse granting insurance against loss or damage of a motor vehicle that meets the applicable conditions of the Traffic Law, it shall submit to the Authority the technical or actuarial reasons or previous experience with the applicant, on request.
            • Article (5)

              1. When issuing the insurance policies promulgated by this Regulation and dealing with customers, the company shall conduct its business according to the principles of insurance, especially the principles of utmost good faith, disclosure, transparency and provision of clear and accurate information to the insurance applicants, insured and beneficiaries.
              2. The company shall adhere to the Board of Directors' Decision No. (3) of 2010 Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the State, as amended.
            • Article (6)

              When receiving any claim, the company shall:

              1. Give the claimant a notice in writing of the receipt of the claim. In case of any missing items in the required documents, the company shall inform the claimant in writing within three days from receiving the claim about the documents required for completion. On completion, the company shall notify the claimant thereof.
              2. Notify the claimant in writing of the acceptance of the claim, whether by reparation of the vehicle or payment of a specific amount of money.
              3. If the claim is accepted and compensation is a financial amount, the company shall set forth the approach and mechanism in which the amount of compensation has been calculated.
              4. The claims amounts shall be fairly settled, without any bargaining, within a period not exceeding fifteen days from the date of receipt of completed claim documents.
              5. If the claim is rejected, the company shall inform the claimant of the reasons of the rejection in writing along with a copy of the documents supporting the company's decision.
            • Article (7)

              In case of total loss of the motor vehicle, the company shall:

              1. Promptly pay the amount of compensation, as the case may be, according to the relevant policy within a period not exceeding fifteen days from the date of completion of the claim documents.
              2. If the company delays settlement of the claim for more than fifteen days from the date of receipt of the completed claim documents without giving convincing justifications to the injured party and the Authority, the company shall compensate the beneficiary of the coverage stated in the insurance policy for any costs suffered by them as a result of deprivation from the damaged motor vehicle.
              3. Pay compensation for the value of the motor vehicle according to the agreement between the company and the insured in the insurance policy against loss and damage.
              4. Compensation will be made on the basis of calculation of the market value of the motor vehicle for the damage covered by the motor vehicle insurance policy against third party liability, by an expert or by setting the average value of three proposals from licensed motor vehicle showrooms in the State.
            • Article (8)

              The company shall comply with the Board of Directors' decision concerning prices, rates and tariffs.

            • Article (9)

              The Ministerial Resolution No. (54) of 1987 Concerning Unified Motor Vehicles Insurance Policies, as amended, shall be deemed repeal including any decisions or provisions to the contrary to the provisions hereof.

            • Article (10)

              The Director General shall issue the necessary decisions and circulars for enforcement of this Regulation.

            • Article (11)

              This Decision shall be published in the Official Gazette and enter into effect as of 01.01.2017, provided that the insurance policies issued before this date shall remain in force until their expiration date.

          • The Unified Motor Vehicle Insurance Policy Against Loss and Damage issued pursuant to the Regulation of Unified Motor Vehicle Insurance Policies according to Insurance Authority Board of Directors' Decision No. (25) of 2016

            IA-BOD-RES 25/2016 Effective from 22/9/2016

             

            This Policy has been amended by the Insurance Authority Board of Directors' Decision No. (42) of 2017 and the Insurance Authority Board of Directors' Resolution No. (26) of 2020 respectively. You are viewing the latest version. Please find the PDF of the first version on the table below.
            version 2 (consolidated as of 18/01/2021) 
            version 1 (effective from 22/09/2016) 

             

            Whereas the Insured has applied to ……………….. Company (hereinafter referred to as the "Company") for the insurance set herein below, and has agreed that the application is considered as the basis for and integral part of this Policy, and has paid or agreed to pay the applicable premium, and the Company has accepted and represented to pay compensation to the Insured in case of any damage to the Motor Vehicle subject to this insurance, whether it emerges from the use or parking of the Motor Vehicle in the UAE during the insurance period, whether the Insured caused the accident or was an injured party;

            Therefore, this Policy was entered into to cover the damages that befall on the Insured Motor Vehicle in the UAE during the insurance period according to the terms, conditions and exclusions in or appended to this Policy.

            • The Unified Motor Vehicle Insurance Policy Against Third Party Liability issued pursuant to the Regulation of Unifying Motor Vehicle Insurance Policies according to Insurance Authority Board of Directors' Decision No. (25) of 2016

              IA-BOD-RES 25/2016 Effective from 22/9/2016

               

              This Policy has been amended by the Insurance Authority Board of Directors' Decision No. (42) of 2017 and the Insurance Authority Board of Directors' Resolution No. (26) of 2020 respectively. You are viewing the latest version. Please find the PDF of the first version on the table below.
              version 2 (consolidated as of 18/01/2021) 
              version 1 (effective from 22/09/2016) 

               

              Whereas the Insured has applied to ……………….. Company (hereinafter referred to as the "Company") for the insurance set herein below, and has agreed that the application is considered as the basis for and integral part of this Policy, and has paid or agreed to pay the applicable premium, and the Company has accepted and represented to pay compensation to a Third Party/ Injured Party in case of any accident subject to this insurance, whether it emerges from the use or parking of the Motor Vehicle in the UAE during the insurance period;

              Therefore, this Policy was entered into to cover liability towards a Third Party / Injured Party caused by the Insured Motor Vehicle to the Third Party / Injured Party according to the terms, conditions and exclusions in or appended to this Policy for the amounts the Insured or the Motor Vehicle Driver must pay against:
              - Bodily Injury to a Third Party, either inside or outside the Motor Vehicle.
              - Property Damages to a Third Party.

              • Definitions

                The following terms and phrases shall have the meanings indicated beside each of them unless the context provides otherwise:
                 

                Policy:The Unified Motor Vehicle Insurance Policy against Loss and Damage and any rider to it, which governs the relationship between the Insured and the Company, and whereby the Company undertakes to compensate the Insured, on the occurrence of the damage hereby covered, in return of the premium paid by the Insured.
                Company (Insurer):The insurance company that is licensed to operate inside the State according to the laws and regulations issued in the State and accepts to insure the motor vehicle and has issued the Policy.
                Insured:A natural or corporate person that has applied for insurance, entered into an insurance contract with the Company, and paid or has agreed to pay the premium.
                Motor Vehicle Driver (Licensed Driver):The insured or any person who drives the Motor Vehicle by the permission or order of the Insured, provided that they are licensed to drive according to the Motor Vehicle category pursuant to the Traffic Laws and other laws and regulations, and that the granted license has not been cancelled by a court's order or by virtue of the Traffic Laws and its Executive Regulations. This definition includes the driver whose driving license has expired if they manage to renew it within thirty days from the date of accident.
                Motor Vehicle:A mechanical machine, motorcycle or any other device that works through a mechanical force, and its specifications are described in the Policy.
                Insurance Application:The application that includes the details of the Insured, the details of the Motor Vehicle and the type of required coverage, and is filled in by or with the knowledge of the Insured electronically or in writing.
                Rider:Every special agreement between the parties in supplement to the basic coverages under this Policy.
                Premium:The consideration that is paid or undertaken to be paid by the Insured in return for insurance coverage.
                Basic Deductible:The amount paid by the Insured according to the Schedule of Deductibles attached to this Policy per accident.
                Ancillary Deductible:The amount paid by the Insured according to the Policy in addition to the Basic Deductible.
                Natural Disaster:Any general phenomenon that arises from nature such as floods, tornados, hurricanes, volcanoes, earthquakes and quakes, and leads to extensive and widespread damage, and in respect of which a decision is issued by the concerned authority in the country.
                Flood:An event that occurs within the concept of Natural Disasters.
                Road:Every road open and available to the public without need to get special permission, and every place that is made available for the crossing of motor vehicles, and is made available to the public by a permission or license from a concerned authority or otherwise, for or without consideration according to the definition mentioned in the applicable Traffic Laws.
                Depreciation Percentage:The percentage payable by the injured party on the occurrence of an accident, and who requests the replacement of new parts in lieu of the used parts in case of partial loss according to the schedules of depreciation.
                Insurance Period:The period of time of motor vehicle insurance up to the end of the thirteenth month from the commencement of the insurance.
                • Definitions:

                  The following terms and phrases shall have the meanings indicated beside each of them unless the context provided otherwise:

                  Policy:

                  The Unified Motor Vehicle Insurance Policy Against Third Party Liability whereby the Company undertakes to compensate the injured third party, on the occurrence of the damage hereby covered, and any endorsement to it, which governs the relationship between the parties, in return of the premium paid by the Insured.

                  Company (Insurer):

                  The insurance company that is licensed to operate inside the State according to the laws and regulations issued in the State and accepts to insure the Motor Vehicle and has issued the Policy.

                  Insured:

                  A natural or corporate person that has applied for insurance, entered into an insurance contract with the Company, and paid or has agreed to pay the premium.

                  Motor Vehicle Driver :

                  The insured or any person who drives the Motor Vehicle by the permission or order of the Insured, provided that they are licensed to drive according to the Motor Vehicle category pursuant to the Traffic Laws and other laws and regulations, and that the granted license has not been cancelled by a court's order or by virtue of the Traffic Laws and its Executive Regulations. This definition includes the driver whose driving license has expired if they manage to renew it within thirty days from the date of accident.

                  Injured Third Party:

                  1. Any natural or corporate person, or their properties,which have suffered an injury or damage as a result ofthe accident, excluding the Insured, the Motor VehicleDriver and passengers employed by the Insured if theyare injured during and because of work.

                  2. The family members of the Insured and the MotorVehicle Driver (spouse, parents and children) whocaused the accident.

                  3. The driver of a Motor Vehicle allocated for rent,public transportation or a vehicle used to teach driving.

                  Insurance Application:

                  The application that includes the details of the Insured, the details of the Motor Vehicle and the type of required coverage, and is filled in by or with the knowledge of the Insured electronically or in writing.

                  Premium:

                  The consideration that is paid or undertaken to be paid by the Insured in return for insurance coverage.

                  Accident:

                  Any incident that causes harm to a Third Party / Injured Party as a result of use, explosion, combustion, scattering, drop of things from, movement, spontaneous movement or parking of the Motor Vehicle.

                  Bodily Injury:

                  Death and/or physical injuries to a Third Party, including permanent disability or temporary total or partial disability.

                  Property Damage:

                  Damage to a Third Party's property.

                  Motor Vehicle:

                  A mechanical machine, motorcycle or any other device that works through a mechanical force, and its specifications are described in the Policy.

                  Trailer:

                  A vehicle designed to be pulled behind a Motor Vehicle, truck or towing vehicle, including lightweight trailer (camper trailer), the weight of which does not exceed 750kg and it so licensed according to the applicable Traffic Laws.

                  Semi-Trailer:

                  A trailer without a front axle and is towed in such a way that a large part of its weight and tonnage is carried by the towing vehicle or the mechanical vehicle (locomotive).

                  Natural Disaster:

                  Any general phenomenon that arises from nature such as floods, tornados, hurricanes, volcanoes, earthquakes and quakes, and leads to extensive and widespread damage, and in respect of which a decision is issued by the concerned authority in the State.

                  Rider:

                  Any special agreement between the parties in supplement to the basic coverages under this Policy.

                  Personal Accidents Endorsement:

                  An additional insurance coverage against personal accidents to the Motor Vehicle Driver, the Insured and the passengers excluded from the basic coverage in return for an additional premium.

                  Third Party Liability:

                  The liability for injuries and damages arising from the use of the Insured Motor Vehicle to a Third Party / Injured Party.

                  Road:

                  Every road open and available to public without need to get special permission, and every place that is made available for the crossing of motor vehicles, and is made available to the public by a permission or license from a concerned authority or otherwise, for or without consideration according to the definition mentioned in the applicable Traffic Laws.

                  Depreciation Percentage:

                  The percentage payable by the injured party on the occurrence of an accident, and who requests the replacement of new parts in lieu of the used parts in case of partial loss according to the schedules of depreciation.

                • Chapter One: General Conditions

                  1. The Policy and its schedules shall constitute one integral contract, and any Rider to this Policy shall constitute an integral part hereof, and every term or phrase to which a special meaning has been given in any part of the Policy or its schedules shall have the same meaning elsewhere, unless the context otherwise requires.
                     
                  2. Any notice or notification of an accident that is required by this Policy shall be served to the Company in writing by e-mail, facsimile or by hand delivery to the address designated in the Policy as soon as practically possible.
                     
                  3. Any external agreement between the Insured and the Company that will reduce the coverages hereunder shall be deemed void.
                     
                  4. In case of several insurances with more than one insurance company, the Company will only be committed to compensate damages in the percentage of the amount insured with it to the total insured amounts against the insured risk.
                     
                  5. The Company and the Insured may agree, using riders in return for an additional premium and within the scope of the terms and conditions herein, that the Company shall insure against the other damages not provided for in this Policy, in particular:
                     
                    • Insurance against the damages to the properties of the Insured or the Motor Vehicle Driver at the time of the accident or the properties kept with them in trust, or in their guardianship or possession under a rider to this Policy or a separate policy.
                       
                    • Coverage of the damages or risks which occur outside the roads.
                       
                  6. Notwithstanding the terms and conditions of this Policy, the Insurance Company may not refuse to compensate the Insured as a result of late notification of the accident, if the delay is attributed to an acceptable excuse.
                     
                  7. With respect to a fleet insurance policy or any Motor Vehicle insured under this Policy, the Company may not enter into any external agreement that may reduce the coverage provided under this Policy or depriving the Insured or the Beneficiary of this Policy from exercising the right to claim for compensation hereunder, including depriving a claim for compensation for any reason not related to the accident such as age, gender, or otherwise, or the agreement will be deemed void.
                     
                    • If the Insured Motor Vehicle is a total loss, and the Company compensates the Insured on that basis, the salvage will be deemed property of the Company. The Insured may not be charged any expenses related to the transfer of the Motor Vehicle title or issuance of a certificate of ownership of the Motor Vehicle.
                       
                    • The Insured shall be liable to pay the dues arising on the vehicle before receiving the compensation and to submit the required papers and power of attorney and attend before the competent departments, if necessary in order to transfer the ownership of the motor vehicle to the company. Whereas, in case there is mortgage, the company shall undertake without delay the communication with the competent entity (the owners of mortgages) to obtain a non-objection letter to transfer the ownership of the salvage of the vehicle to the company.

                  8. The Company may, at its expense, assume the judicial and settlement proceedings to represent the Insured or the Motor Vehicle Driver through an attorney in any investigation or interrogation and before any court in any lawsuit or intervention in any phase of the lawsuit in relation to a claim or accident for which the Company may be held liable under this Policy and which may give rise to the payment of compensation according to this Policy. The Company may settle or enter into a reconciliation for such claim. The Insured shall provide every possible cooperation with the Company by signing a power of attorney to the attorney or otherwise to enable the Company to initiate any proceedings.
                     
                  9. For the purpose of verifying the details of the Insured Motor Vehicle, all details in Schedule (5) of this Policy shall be an integral part hereof.
                     
                  10. No lawsuit arising from this Policy may be filed after the elapse of three years after the occurrence which has given rise to the lawsuit or the related parties become aware of its occurrence.
                     
                  11. The courts of the United Arab Emirates shall be competent to determine any disputes arising from this Policy.
                     
                  12. In case of the entitlement to the loss of benefit allowance (substitute motor vehicle) and the Affected Third Party has insurance against loss and damage and Third Party Liability , he shall be entitled, for the purpose of obtaining the loss of benefit allowance (substitute motor vehicle) to claim directly against his company ,which has the right to claim the for same amount paid to the insurance company of the insured ,who caused the accident and has insurance against Third Party Liability in accordance with the rules specified in the Third Party Liability policy.
                     
                  13. If the motor vehicle “chassis” whether can be replaced or irreplaceable is damaged or the durable parts, such as pillars are damaged and need cutting, tightening or welding as a result of the accident, the Motor Vehicle shall be considered a Total Loss and the Company shall make compensation according to the value agreed upon between the Company and the Insured in the Insurance policy.
                  • Chapter One: General Conditions

                    1. The Policy and its schedules shall constitute one integral contract, and any Rider to this Policy shall constitute an integral part hereof, and every term or phrase to which a special meaning has been given in any part of the Policy or its schedules shall have the same meaning elsewhere, unless the context otherwise requires.
                       
                    2. This Policy does not apply outside the State.
                       
                    3. The Company may not assert to the Injured Third Party that it is not liable for compensation as a result of any argument that can be used against the Insured.
                       
                    4. The Third Party / Injured Party may submit a claim to the Company for compensation for damages caused to them by the Insured Motor Vehicle.
                       
                    5. a. In case of death of a family member of the Insured or the Motor Vehicle Driver, the Company's liability will be limited to an amount of AED 200,000 (Two Hundred Thousand Arab Emirates Dirhams) per person. In case of injury, the Insurer's liability will be further limited to the percentage of disability per person
                      b. In case of death of the driver of a rental vehicle, public transport vehicle and a vehicle used to teach driving, the Company's liability will be limited to an amount of AED 200,000 (Two Hundred Thousand Arab Emirates Dirhams) per person. In case of injury, the Insurer's liability will be further limited to the percentage of disability per person.
                       

                    6. Any notice or notification of an accident that is required by this Policy shall be served to the Company in writing by e-mail, facsimile or by hand delivery to the address designated in the Policy as soon as practically possible.
                       
                    7. a. With respect to a fleet insurance policy or any Motor Vehicle insured under this Policy, the Company may not enter into any agreement that may reduce or prevent the coverage of its full Third Party Liability arising from death, bodily injuries or property damages covered under this Policy or reduce the limits of liability of the Company or reduce the coverage contemplated under this Policy, including depriving a claim for compensation for any reason not related to the accident such as age, gender, or the date of acquiring the driving license, or otherwise, or the agreement will be deemed void.
                      b. However, new coverage not provided for in the Policy may be agreed upon or the limits of such liabilities and coverages may be increased under a separate policy or an additional rider.
                       

                    8. The Company may, at its expense, assume the judicial and settlement proceedings to represent the Insured or the Motor Vehicle Driver through an attorney in any investigation or interrogation and before any court in any lawsuit or intervention in any phase of the lawsuit in relation to a claim or accident for which the Company may be held liable under this Policy, and which may give rise to the payment of compensation according to this Policy. The Company may settle or enter into a reconciliation for such claim. The Insured shall provide every possible cooperation with the Company by signing a power of attorney to the attorney or otherwise to the Company to initiate any proceedings.
                       
                    9. Without prejudice to the rights emerging from Life insurance policies and personal accident insurance policies, and in case of the existence of several compulsory policies against Third Party Liability emerging from the use of the Motor Vehicle issued by more than one Company:
                      1. Compensation shall be divided equally between Insurers in case of death and/or injuries. If the liability is shared (between the Insured and the Third Party / Injured Party) based on the degree of negligence, then the percentage of participation in the negligence shall be taken into account.
                      2. Compensation for property damages shall be divided based on the percentage of the insured amount set out in each policy to total insured amounts in all policies, after the percentage of participation in the negligence is taken into account.
                         
                    10. On the occurrence of an accident, the Company shall:
                      1. Repair the damaged Motor Vehicle or any of its parts, accessories or spare parts and restore the Motor Vehicle to its pre-accident condition.
                      2. Pay the market value of the damaged Motor Vehicle if the value of damages exceeds (50%) of the market value of the Motor Vehicle at the time of the accident, provided that the Company's liability does not exceed an amount of Two Million Arab Emirates Dirhams per accident according to Paragraph (c)of Clause (1) of Chapter Two: Obligations of the Insurance Company.
                      3. Replace the damaged Motor Vehicle in case of total loss, for another Motor Vehicle with the same make, model, additions and pre-accident condition unless the Third Party / Injured Party requests that the Company pay them the amount in cash; in which case, the Company shall accept the Insured's request.
                      4. The Company shall pay in cash to the Injured Party, upon their request, the amount of damages (loss or damage) of the damaged parts of the Motor Vehicle in whole or any of its parts, accessories or spare parts and including the charges for installation and replacement of lost or damaged parts at the time of the accident in order to restore the pre-accident condition of the Motor Vehicle.
                         
                    11. The damaged parts of the Motor Vehicle, for which the first registration and use of which is less than one year, shall be replaced with new original parts with no deduction of a Depreciation Percentage for the Injured Party.
                       
                    12. If it is agreed with the Injured Third Party to repair the damaged Motor Vehicle, the Insurance Company shall repair the damaged Motor Vehicle at the agency repair shops for the Motor Vehicle if it is in its first year of registration and use.
                       
                    13. a) Upon the lapse of more than one year after registration and use, the Company shall repair the damaged Motor Vehicle at suitable repair shops for the type and year of manufacture of the vehicle and the damaged parts may be replaced by other than original parts of the same grade. The Company shall insure that repair works are carried out according to technical standards and that the work is warranted by the repair shops. The Company shall ensure that the Injured Third Party is able to have the Motor Vehicle checked by any approved Motor Vehicle examination agency in the State to make sure that the Motor Vehicle has been properly repaired in accordance with the technical licensing conditions for endurance and safety and any other condition without affecting the technical examination of the Motor Vehicle affected by the accident at the concerned official authorities. If it is found that the repairs are below required and recognized technical standards, the Company shall address the issue(s) until the Third Party's Motor Vehicle is professionally repaired as soon as practically possible.  

                      b) For the damaged motor vehicle, insured against loss and damage at an insurance company with the condition of repair within the Agency, the repair shall be carried out within the Agency's repair shops pursuant to this condition. The insurance company insuring the loss and damage has the right of recourse against the Third Party liability insurance company in accordance with the following reimbursements basis:

                      1) The reimbursement for the motor vehicle that has passed more than one year from its first registration or its use and until the end of the second year shall be after deduction of 15% of the value of the final repair bill.

                      2) The reimbursement for the motor vehicle that has passed more than two years from its first registration or its use and until the end of the third year shall be after deduction of 30% of the value of the final repair bill.

                      3) In case more than three years have lapsed since the first registration or use of the motor vehicle, the company shall abide by repairing the damaged vehicle at suitable repair shops for the type and year of manufacture of the vehicle. The damaged parts shall be replaced with original parts of the same standard, provided that, if the agreement between the Loss and Damage Insurance Company and the insured has the condition that "repair shall be within the agency", this condition shall remain effective.

                      4) The existing rights between companies prior to the implementation of this regulation shall be observed.

                    14. If the Injured Third Party requests that new parts are to be installed in lieu of the parts damaged during the accident, they have to bear the Depreciation Percentage set in Schedule (1) of the final value of the purchase invoice. In case of taxi vehicles, public transport vehicles and rental vehicles, the Depreciation Percentage set in Schedule (2) of the final value of the purchase invoice will be applied.
                       
                    15. Neither depreciation may be deducted nor used parts be installed if the parts are within the list set out in Schedule (4) of this Policy.
                       
                    16. The Injured Third Party may repair the damages that occur to the Motor Vehicle as a result of the accident, provided that the estimated repair costs do not exceed the value of repair agreed upon with the Company. The Company may require, if it wishes so, a proof that the Motor Vehicle repairs have been completed.
                       
                    17. If the motor vehicle “chassis” whether can be replaced or irreplaceable is damaged or the durable parts, such as pillars are damaged and need cutting, tightening or welding as a result of the accident, the Motor Vehicle shall be considered a Total Loss and the Company shall make compensation according to the market value of the Motor Vehicle at the time of the accident.
                       
                    18. If the Motor Vehicle is considered as total loss, and the Company compensates the Injured Third Party on that basis, the salvage will be deemed property of the Company. The Injured Third Party may not be charged any expenses related to the transfer of the Motor Vehicle title or issuance the of a certificate of ownership of the Motor Vehicle, provided that the Motor Vehicle is free of any obligations against Third Party such as traffic fines or otherwise.
                       
                    19. In case of any conflict between the Company and the Injured Third Party concerning the value of damages, the amount of compensation or determination of the market value of the damaged Motor Vehicle, the Authority shall appoint a licensed and registered Surveyor and Loss Adjuster, specialized in this matter, to determine the value of the damages or the amount of compensation at the Company’s expense for the purpose of resolving the dispute.
                       

                    20. In case of an agreement to insure the Insured himself, the Motor Vehicle Driver or any person excluded from the coverage under this Policy, the amount of the death benefit will be determined not less than (AED 200,000) Two Hundred Thousand Arab Emirates Dirhams at a minimum.
                       
                    21. The Company may not refuse to compensate the Insured as a result of late notification of the accident, if lateness is attributed to an acceptable excuse.
                       
                    22. The provisions of this Policy cover the damages to a Third Party caused by a trailer or semi-trailer as long as it is pulled by the vehicle.
                       
                    23. Neither this Policy nor any rider hereto undermines the right of any person to claim for compensation or recovery of any amount payable under the provisions of any applicable legislation.
                  • Chapter Two: Obligations of the Insurance Company

                    1. The Company shall compensate the Insured for loss or damage that occurs to the Insured Motor Vehicle and its accessories while in the vehicle, including damaged parts and spare parts, in the following cases:
                      • If loss or damage arises from an accidental run-over, collision, turnover, or incident, or as a result of an unexpected mechanical breakdown or as a result of wear and tear of parts by use;
                      • If loss or damage arises from an external fire or explosion, spontaneous combustion or lightning;
                      • If loss or damage arises from robbery or theft;
                      • If loss or damage arises from a third party willful act;
                      • If loss or damage occurs during land transport, inland water transport, elevators or lifting machinery including loading and unloading processes related to the aforementioned transport processes; and
                      • Any additional coverage to be agreed upon under this Policy or special riders to it.
                         
                    2. Upon the occurrence of an accident, the Company shall:
                      • Repair the Motor Vehicle or any of its parts, accessories, or spare parts and restore the vehicle to its pre-accident condition.
                      • Pay the amount of loss or damage in cash to the Insured if this is agreed on with the Insured.
                      • Replace the damaged Motor Vehicle in case of a total loss, unless the Insured requests the Company to pay them the amount in cash. In this case, the Company shall respond to the Insured's request.
                         
                    3. If the Insured requests that new original parts are to be installed in lieu of the parts damaged during the accident or are to be paid for in cash, the Insured will bear the Depreciation Percentage set in Schedule (1) of the final value of the purchase invoice. In case of taxi vehicles, public transport vehicles and rental vehicles, the Insured will bear the Depreciation Percentage set in Schedule (2).
                       
                    4. The Insured may assume the repair of damages that occur to the Motor Vehicle as a result of an insured accident hereunder, provided that the estimated repair costs do not exceed the value of repair agreed upon in writing with the Company.
                       
                    5. If the Insured Motor Vehicle is lost, proves to be irreparable, or that costs of repair exceed 50% of the Motor Vehicle value before the accident, the insured value of the Motor Vehicle agreed upon between the Insurer and the Insured on signing of the Insurance Policy will be the basis of calculation of the compensation of loss and damage insured hereunder after deduction of the Depreciation Percentage of 20% from the insured value, and taking into account the fraction of insurance period (i.e., the proportion of the period from the commencement date of the insurance period to the date of the accident to the total insurance period).
                       
                    6. If the Motor Vehicle becomes unroadworthy due to loss or damage insured hereunder, the Company will bear the necessary costs of safeguarding and transporting the Motor Vehicle to the nearest repair shop, in order to deliver it to the Insured after repair.
                       
                    7. If the damaged Motor Vehicle is repaired with repair shops approved by the Company, the Company shall insure that the Motor Vehicle is repaired properly, carefully and professionally and that the work is warranted by the repair shops. The Company shall ensure that the Insured is enabled to have the Motor Vehicle checked by any approved motor vehicle examination agency in the UAE to make sure that the Motor Vehicle has been properly repaired without affecting the technical examination of the damaged Motor Vehicle at the concerned official authorities. If it is found that the repairs are below required and recognized technical standards, the Company shall address the issue(s) with the repair shop until the Motor Vehicle is professionally repaired and delivered to the Insured.
                       
                    8. In case of any conflict between the Company and the insured concerning the value of damages or the amount of compensation, the Authority shall appoint a licensed and registered Surveyor and Loss Adjuster, specialized in this matter, to determine the value of the damages or the amount of compensation at the Company’s expense for the purpose of resolving the dispute.
                       
                    9. In the case of the Insured wishes at the time of concluding the contract to repair the motor vehicle inside the Agency workshops after the lapse of the first three years of using the motor vehicle on the road, the Insurance Company may respond to the request and the determine an appropriate premium not exceeding the maximum tariff limit.
                    • Chapter Two: Obligations of the Insurance Company

                      1. In case of any accident that results from the use of the Motor Vehicle, the Company shall compensate the Injured Third Party within the scope of its limits hereunder for all amounts which the Insured or the Motor Vehicle Driver is committed to pay as compensation for:
                         

                        .

                        1. First: Death or any bodily injury caused to any person, including the Motor Vehicle Passengers, except for the Insured and the Driver of the Motor Vehicle that has caused the accident, and the passengers employed by the Insured if they are injured during and because of work. A person is considered a passenger if they are inside, getting in or out of the Motor Vehicle. The Maximum Liability of the Company for any claim or total claims arising from one accident is the value judicially awarded without any limit whatsoever.

                          Second: In case of death of a spouse, a parent or a child, the maximum limit shall 200,000 AED ((Two Hundred Thousand Arab Emirates Dirhams) per each deceased person. In case of disability, the compensation shall be adjusted by the percentage of disability to the amount of AED 200,000 (Two Hundred Thousand Arab Emirates Dirhams), in addition to medical treatment expenses.

                          Third: In all cases, and in the event of injury, the Company shall pay all treatment expenses towards the provider of any of the medical services, including all government and private hospitals, pharmacies, and any treatments necessary for the case. And, in case the treatment is not completed, the Insurance Company shall issue a letter of commitment directed to entity that will provide the treatment.

                        2. Subject to paragraph (a) above, the liability of the Insurance Company shall be the value judicially awarded of any amount whatsoever, including the Third Party's judicial expenses and charges, except for fines. The Company shall pay compensation to the Third Party once the judgment becomes enforceable.
                        3. As to the damages to items and properties (except for those owned by the Insured or the Motor Vehicle Driver at the time of the accident or the properties kept with them in trust or in their guardianship or possession), the insured amount of any claim or total claims arising from one accident is AED2,000,000 (Two Million Arab Emirates Dirhams) regardless of the number of the persons whose properties are damaged, inclusive of necessary costs of movement of the damaged Motor Vehicle to the agency shop or other repair shops according to this Policy, as the case may be.
                        4. The Injured Third Party (the owner of a private motor vehicle) is entitled to a loss of benefit (use) allowance (Substitute Motor Vehicle) as follows:
                          First: If the Injured Third Party chooses cash compensation, no loss of benefit allowance shall be paid.
                          Second: If the damaged Motor Vehicle is to be repaired at a repair shop, as the case may be, the period of loss of benefit allowance shall be calculated in days from the date of delivery of the damaged Motor Vehicle, the accident report and deed of title to the Company.
                          Third: The liability of the Company for loss of benefit allowance shall be calculated per day per damaged Motor Vehicle according to the rental fare of a similar Motor Vehicle rental of the same make, considering the prevailing and common price in the vehicle rental market in that Emirate, not to exceed three hundred dirhams per day. The Maximum period for loss of loss of benefit allowance fifteen days.
                          Fourth: If the Company chooses not to pay the amount at prevailing price, the Company shall provide -to the injured party residency location- a similar substitute Motor Vehicle of the same made of the damaged motor vehicle in very good working condition for road traffic.
                          Fifth: In case of the entitlement to the loss of benefit allowance and the Injured Third Party has insurance against loss and damage and Third Party Liability, he shall be entitled, for the purpose of obtaining the loss of benefit allowance (substitute motor vehicle) to claim directly to his company, which has the right of recourse for same amount paid against the insurance company of the insured, who caused the accident and has insurance against Third Party Liability
                           
                      2. The Company may not apply any deductible from the Injured Third Party compensation.
                         
                      3. In case of the death of a person covered by the insurance provided for hereunder, the Company shall pay the benefit due as a result of the accident to their heirs according to the terms and conditions hereof.
                         
                      4. The Company shall abide by any settlement between the Insured and the Injured Third Party if it is done with its written consent.
                         
                      5. The insurance provided for under this Chapter shall be extended, subject to the terms and conditions hereof, to the liability of every licensed driver while they are driving the Insured Motor Vehicle.
                         
                      6. The Company shall pay an amount of AED 6,770 (Six Thousand Seven Hundred and Seventy Dirhams) to the provider of ambulance services and medical transportation to hospitals. The amount is per each injured person that suffers from a bodily injury or death and is being given first aid and transported to a hospital as a result of an accident caused by a Motor Vehicle insured by the Company against Third Party Liability. This obligation shall include all the deceased or injured from those accidents, including those excluded from the covered risks in paragraph (a) of clause (1). The capacity and readiness of the ambulance and the medical transportation to handle more than one injured person shall be taken into consideration in determining the amount of the ambulance allowance and medical transportation.
                    • Chapter Three: Obligations of the Insured

                      1. To pay the Agreed upon Premium.
                         
                      2. All reasonable precautions must be taken to keep and protect the Insured Motor Vehicle from loss or damage and maintain the same in a good working condition. In case of any accident or breakdown of the Motor Vehicle, the Insured may not leave the Insured Motor Vehicle or any part thereof without taking necessary precautions to prevent the aggravation of damages. If the Insured Motor Vehicle is driven before making necessary repairs by the Insured or the Motor Vehicle Driver, every increase of damage or every damage to the Insured Motor Vehicle arising from the same will not be the responsibility of the Company pursuant to this Policy.
                         
                      3. The Insured shall remain the sole owner of the Insured Motor Vehicle throughout the Insurance Period, and may not lease the vehicle to any third party or sign any contract which may restrict their absolute ownership and possession of the Motor Vehicle without the prior written consent of the Company.
                         
                      4. In case of any accident which may give rise to a claim according to the provisions of this Policy, the Insured shall immediately notify the concerned official authorities, and shall promptly notify the Insurer and furnish all information related to the accident without unjustifiable delay. The Insured shall furnish the Insurer as soon as possible for every claim, notice or judicial papers once they receive them.
                         
                      5. The Company shall be notified as soon as practically possible once they become aware of any lawsuit, investigation or detections concerning the accident. In case of theft or any other criminal act which may give rise to a claim according to this Policy, the Insured shall notify the police and the Company promptly and as soon as practically possible and cooperate with the Company in this respect.
                         
                      6. The Insurer may charge the Insured that has caused the accident with a deductible amount to be deducted from the due amount of compensation due with respect to any accident which is caused by them personally or by the person authorized by them to drive the Motor Vehicle or cases that are deemed committed by an unknown person, according to Schedule (3).
                         
                      7. In addition to the deductible amounts set in Schedule (3), the Insured may charge the Insured who caused an accident an additional deductible as follows:
                        • Maximum 10% of the amount of compensation if the Motor Vehicle Driver is below the age of 25 years.
                        • Maximum 10% of the amount of compensation in case of taxi and public transport vehicles.
                        • Maximum 15% of the amount of compensation of sports cars and modified vehicles.
                        • Maximum 20% of the amount of compensation of vehicles modified outside the factory.
                        • Maximum 20% of the amount of compensation of rental vehicles.
                           
                      8. For application of paragraph (7) of this Chapter, application of Deductible Percentages shall apply the highest percentage in the case of several deductibles for one accident.
                         
                      9. In case of Total Loss of the Motor Vehicle, the Deductible Percentages shall not be applied.
                      • Chapter Three: Obligations of the Insured

                        1. In case of any accident that gives rise to a claim according to the provisions of this Policy, the Insured or the Motor Vehicle Driver shall notify the concerned official authorities and the Insurer within a reasonable period of time after occurrence of the accident and furnish all documents and details pertaining to the accident, unless the delay is attributed to an acceptable excuse. The Insured shall furnish the Company as soon as possible a copy of every claim, notice or judicial document once they receive them.
                           
                        2. The Insured or the Motor Vehicle Driver shall notify the Company as soon as practically possible once they become aware of any lawsuit, investigation or findings concerning the accident, unless the delay is attributed to an acceptable excuse. In case of theft or any other criminal act which may give rise to a claim according to this Policy, the Insured shall promptly notify the concerned authorities and the Company as soon as practically possible and cooperate with the Company in that regard.
                           
                        3. Neither the Insured nor any person acting on their behalf may declare acceptance of liability, offer, promise or payment of any amount without the written consent of the Company.
                      • Chapter Four: Exclusions

                        The Company will not pay any compensation for the following issues:
                         

                        1. Indirect losses that occur to the Insured or devaluation of the Motor Vehicle as a result of its use, breakdown, defect or breakage of the mechanical or electrical devices.
                           
                        2. The damage arising as a result of overload or excess of the limits of permissible width, length or height or the excess of the number of passengers beyond the licensed number, provided that it is proved that this is the proximate cause of damage.
                           
                        3. The damage of tires if it does not occur at the same time as damage to the Insured Motor Vehicle.
                           
                        4. The loss or damage which occurs to the Motor Vehicle with respect to accidents resulting from:
                          • Use of the Motor Vehicle for purposes other than those mentioned in the Insurance Application attached to this Policy.
                          • Violation of laws if the violation implies an intentional felony or misdemeanor according to the definition mentioned in the applicable Federal Penal Code.
                             
                        5. If it is proven that the Motor Vehicle has been used or utilized in a speed race or test, provided that this is proved to be the proximate cause of the accident.
                           
                        6. The damage to the Motor Vehicle from the accidents which occur during the Motor Vehicle being operated by a driver who is not licensed to drive according to the Traffic Laws or without obtaining a driving license for the kind of the Motor Vehicle according to the Traffic Laws and Regulations and the provisions of this Policy, or the driver holding an expired Driver's License who fails to renew it within thirty days from the date of the accident, or the license granted to them has been suspended by the court or competent authorities or according to the Traffic Regulations. This exclusion shall not apply in case the motor vehicle is intended for rental, as long as the leasing contract is concluded with a person who holds a valid driving license. 
                           
                        7. Loss or damage that occurs to the Motor Vehicle, or any part thereof, with respect to accidents while the Motor Vehicle is being driven under the influence of narcotics, alcohol or drugs that undermine the driver's ability to control the Motor Vehicle if this is proven to the competent authorities or confessed by the Motor Vehicle Driver. This exclusion does not apply in case of rental vehicles.
                           
                        8. Loss or damage that occurs to the Motor Vehicle outside the geographical territory set out in this Policy, unless a rider is issued to extend coverage to this territory.
                           
                        9. The accidents that have occurred, caused, resulted or are related directly or indirectly to natural disasters such as floods, tornados, hurricanes, volcanoes, earthquakes and quakes.
                           
                        10. Invasion, foreign enemy hostilities or warlike operations, whether war is declared or not, civil war, strike, civil commotion, insurrection, revolution, coup d'état, usurped power, confiscation, nationalization, radioactive substances and radioisotopes, atomic or nuclear explosions, or any factor directly or indirectly related to any of the foregoing causes.
                           
                        11. Loss or damage that occurs to the Insured Motor Vehicle if the Company loses the right of subrogation to the damage causer due to the Insured's declaration of being responsible for the accident, which they have not caused. If this is proven after payment of compensation to the Insured, the Company may have recourse to it for recovery of amounts paid to them.
                           
                        12. Loss or damage that occurs to the Motor Vehicle off the road, as defined, unless a rider is issued extending coverage to drive outside the road.
                        • Chapter Four: Exclusions

                          This Insurance does not cover the Third Party Liability arising or emerging from accidents that are caused by the Insured Motor Vehicle in the following cases:
                           

                          1. The accidents that occur outside the borders of the State.
                             
                          2. The accidents that have occurred, caused, resulted or are related directly or indirectly to natural disasters such as floods, tornados, hurricanes, volcanoes, earthquakes or quakes.
                             
                          3. Invasion, foreign enemy hostilities or warlike operations, whether war is declared or not, civil war, strike, riot, civil commotion, mutiny, rebellion, revolution, insurrection, or ionizing radiation contamination by radioactivity from any nuclear fuel, power usurpation, confiscation or nationalization, radioactive substances and radioisotopes, atomic or nuclear explosions, or any element related directly or indirectly with the abovementioned causes.
                             
                          4. The accidents that occur to the Insured, the Motor Vehicle Driver or the persons employed by the Insured if they are injured during and because of work, unless they have obtained additional coverage under a rider or another policy.
                        • Chapter Five: Recourses against the Insured

                          The Company may have recourse to the Insured or the Motor Vehicle Driver or both, as the case may be, in the amount of compensation paid in the following cases:
                           

                          1. If it is proven that the insurance was concluded based upon the Insured's misrepresentation and non-disclosure of material facts that affect the acceptance by the Company to cover the risks or insurance rate.
                             
                          2. If following payment of compensation, it is proven that the Motor Vehicle was used for purposes other than those set out in the Insurance Application attached to this Policy, or the maximum number of passengers was exceeded, or the Motor Vehicle was overloaded, or its loading was not secured correctly or exceeds the limits of permissible width, length or height, provided that this is proven to be the proximate cause of the accident.
                             
                          3. If following payment of the compensation it is proven that there is a violation of the law, if the violation involves a willful felony or misdemeanor, as defined in the UAE's applicable penal code.
                             
                          4. If it is proven that loss or damage that occurred to the Motor Vehicle, or any part thereof, arose from driving the motor vehicle by a person who is not authorized to drive in accordance with the Traffic Law or without obtaining a driving license, or his driving license has expired, or the Insured or any other person allowed to drive it is driving under the influence of narcotics, alcohol or drugs that undermine the driver’s ability to control the Motor Vehicle, if this is proven to the concerned authorities or confessed by the Motor Vehicle Driver. In case of rental vehicles, recourse will be against the Motor Vehicle Driver (renter).
                             
                          5. If the accident is proven to have occurred intentionally by the Insured or the Motor Vehicle Driver.
                             
                          6. If the trailer, half-trailer or semi-trailer causes an accident, and the Insured has not agreed with the Company on the existence of such a trailer.
                             
                          7. If loss or damage that occurs to the Motor Vehicle is a result of theft or robbery, recourse will be against the thief.
                          • Chapter Five: Recourses against the Insured

                            The Company may have recourse to the Insured, the Motor Vehicle Driver or the person responsible for the Accident, as the case may be, within the limit of the amount of compensation paid in the following cases:
                             

                            1. If it is proven that the insurance was concluded based upon the Insured's misrepresentation or non-disclosure of material facts that affect the acceptance by the Company to cover the risks or determination of the premium.
                               
                            2. If the Motor Vehicle is proven to have been used for purposes other than those set out in the Insurance Application attached to this Policy or the maximum number of passengers is exceeded or the Motor Vehicle was overloaded or its loading was not secured correctly or exceeds the limits of permissible width, length or height, provided that this is proven to be the proximate cause of the accident.
                               
                            3. If it is proven that the Motor Vehicle was used in a speed race or test (in impermissible cases), provided that this is proven to be the proximate cause of the accident.
                               
                            4. If following payment of the compensation it is proven that there is a violation of the laws, if the violation involves a willful felony or misdemeanor, as defined in the UAE's applicable penal code.
                               
                            5. If it is proven that the Motor Vehicle was driven without obtaining the driving license for the type of Motor Vehicle according to the Traffic Laws and Regulations and the provisions of this Policy, or that the license granted to the Insured or the Motor Vehicle Driver was suspended by a court's order or by the concerned authorities or by virtue of traffic regulations, or that Motor Vehicle driving license was expired at the time of the accident, unless the driver manages to renew it within thirty days from the date of accident.
                               
                            6. If it is proven that the Motor Vehicle Driver, or another person allowed by them to drive the Motor Vehicle, caused the accident while being in an abnormal condition due to being under the influence of narcotics or alcohol that undermine the driver's ability to control the Motor Vehicle or medical drugs for which driving is medically prohibited. In case of rental vehicles, recourse will be made against the Motor Vehicle Driver (renter).
                               
                            7. If it is proven that the accident occurred intentionally by the Insured or the Motor Vehicle Driver.
                               
                            8. If the trailer, half-trailer or semi-trailer caused the accident and the Insured has not agreed with the Company to include it in the policy.
                               
                            9. If the Motor Vehicle is used outside the road, as defined in this Policy, without any additional coverage.
                               
                            10. If damages occur to the Injured Third Party is a result of theft or robbery of the Insured Motor Vehicle, recourse will be against the thief only.
                          • Chapter Six: Policy Termination

                            1. The Company may terminate this Policy on the condition that there are serious grounds for termination during the Policy Period by a notice in writing to be sent to the Insured via e-mail, facsimile, hand delivery or registered letter thirty days prior to the fixed date of termination to the latest address of the Insured known by the Company. The Insurance Authority shall be advised of the grounds of such termination. In this case, the Company shall refund to the Insured the paid premium after deducting a portion in proportion to the period during which the Policy has remained in effect.
                               
                            2. The Insured may terminate this Policy by a notice in writing to be sent to the Company via e-mail, facsimile, hand delivery or registered letter seven days prior to the fixed date of termination. In this case, the Company shall refund to the Insured the paid premium after deducting a portion in proportion to the period during which the Policy has remained in effect subject to the Short Rate Schedule No. (4), provided that there is no compensation paid to the Insured or pending claims in relation to this Policy during the period of time the Policy is valid, if the Insured has caused the accident or in cases that are deemed committed by unknown persons.
                               
                            3. This Policy shall be considered terminated in case of a total loss to the Motor Vehicle, provided that its registration is deleted with a report issued by the Road and Traffic Department confirming that it is unroadworthy, and the Company shall compensate the Insured according to the provisions of this Policy.
                            • Chapter Six: Policy Termination

                              1. Neither the Company nor the Insured may terminate this Policy during its term as long as the Motor Vehicle license is valid.
                                 
                              2. However, the Policy may be terminated before its expiration on the grounds of:
                                1. Cancellation of the Motor Vehicle license;
                                2. Submission of a new policy due to change of the Motor Vehicle details; or
                                3. Transfer of the Motor Vehicle title by virtue of a certificate issued by the concerned authority.

                                In this case, the Company must refund to the Insured the paid premium after deducting a portion in proportion to the period during which the Policy has remained in effect according to the Short Rate Schedule No. (3) set out in this Policy, provided that there are no paid claims or outstanding claims where the Insured has caused the accident.

                              3. This Policy shall be considered terminated in case of a total loss to the MotorVehicle, provided that its registration is deleted with a report issued by the Roadand Traffic Department confirming that it is unroadworthy, and the Companyand the Insured shall remain bound by its provisions before termination.
                              • Schedule No. (1)

                                Depreciation Percentages, Except for Taxi Vehicles, Public Transport Vehicles and Rental Vehicles, According to the Date of First Registration and Use

                                Year

                                Percentage

                                First

                                -

                                Second

                                5%

                                Third

                                10%

                                Fourth

                                15%

                                Fifth

                                20%

                                Sixth and above

                                30%

                              • Schedule No. (2)

                                Depreciation Percentages for Taxi Vehicles, Public Transport Vehicles and Rental Vehicles According to the Date of First Registration and Use

                                Year

                                Percentage

                                Last six months of the first year

                                10%

                                Second

                                20%

                                Third

                                25%

                                Fourth

                                30%

                                Fifth

                                35%

                                Sixth and above

                                40%

                              • Schedule No. (3)

                                Deductibles

                                Motor VehicleDeductible
                                Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and its value does not exceed AED 50,000Maximum AED 350/per each accident
                                Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 50,000 and not exceeding AED 100,000Maximum AED 700/per each accident
                                Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 100,000 and not exceeding AED 250,000Maximum AED 1,000/per each accident
                                Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 250,000Maximum AED 1,200/per each accident
                                Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 500,000Maximum AED 1,400/per each accident
                                Private vehicles where the permissible number of passengers of which exceeds (9) passengers does not exceed AED (12) passengersMaximum AED 1,500/per each accident
                                Private vehicles the permissible number of passengers of which exceeds (12) passengers, rental vehicles, and trucks where the tonnage of which exceeds (3) tonsMaximum AED 1,700/per each accident
                                Trucks where the tonnage of which exceeds (3) tons and passenger buses and industrial vehicles for construction and agricultural worksMaximum AED 4,500/per each accident
                              • Schedule No. (4)

                                Short Rate Schedule - Percentages of Recoverable Premium

                                Policy Validity PeriodRecoverable Premium
                                A period not exceeding one month80%
                                A period exceeding one month and not exceeding four months70%
                                A period exceeding four months and not exceeding six months50%
                                A period exceeding six months and not exceeding ten months30%
                                A period exceeding ten monthsNil
                              • Schedule No. (5)

                                Schedule of Details of the Insured Motor Vehicle in the Insurance Policy against Loss and Damage

                                Details of Motor Vehicle
                                Country of ManufacturePlate NumberMake, Model and ColorMotor Vehicle ClassificationRegistration TypePurpose of useManufacturing YearTonnage or WeightNumber of Passengers with Driver
                                         
                                Engine Number:Chassis Number:


                                ……………………….. Company declares that the Motor Vehicle detailed above in this Schedule is insured with it according to the provisions of this Policy.

                                Issued By:Issuance Date:


                                Policy Number:

                                The term of insurance begins at …………. on …/…/….., and expires at …………. on …/…/…..
                                Agreed upon premium:Issuance date: …/…/…..
                                Insured's DetailsCompany's Details
                                Insured's Name: Company's Name: 
                                Address: Address: 
                                E-mail: E-mail: 
                                Postal Address: Postal Address: 
                                Identification Number:    
                                Phone: Phone: 
                                Name and signature of the Insured or their representative:Signature and stamp of the Company:
                                • Motor Vehicle Insurance Application

                                  Applicant's Details
                                  Name according to IDFirstSecondThirdFamily Name
                                       
                                  Date of Birth/ /P.O. Box Postal Code 
                                  ID Number E-mail 
                                  Home Phone Office Phone Mobile 
                                  Address/Emirate 
                                  Profession Employer 
                                  Driving License Number Expiration Date 
                                  Trade Name (if any) Commercial Register Number 
                                  Head Office 
                                  Insurance Service Details
                                  Registration MarkTruckSmall TruckLarge TruckOther
                                  Model/UsePrivateCommercialRentalDriving EducationOther
                                  Body Number Engine Number 
                                  Chassis Number Engine Capacity (CC) 
                                  No. of Passengers Manufacturing Year 
                                  Current Value without Accessories Current Value, including Accessories (to be elaborated) 
                                  Insurance Period Insurance Type 
                                  Insured/Representative Signature 


                                  /Stamp: Insurance Authority/

                                  Insurance Authority - Unified Motor Vehicle Insurance Policy Against Loss and Damage

                            • Chapter Seven: General Provisions

                              1. The Company shall include all details in Schedule (5) of this Policy, and this Schedule shall be part of this Policy.
                                 
                              2. Any lawsuits arising from this Policy may not be filed after the lapse of three years from the date of the accident or the Injured Party and related parties become aware of the damage and the person liable for it.
                                 
                              3. The courts of the State shall be competent to determine any dispute arising in connection with this Policy.
                              • Schedule No. (1)

                                Depreciation Percentages for Parts of Private Motor Vehicles

                                YearPercentage
                                First-
                                Second5%
                                Third10%
                                Fourth15%
                                Fifth20%
                                Sixth and above30%
                              • Schedule No. (2)

                                Depreciation Percentages for Parts of Taxi Vehicles, Public Transport Vehicles and Rental Vehicles

                                Year

                                Percentage

                                Last six months of the first year

                                10%

                                Second

                                20%

                                Third

                                25%

                                Fourth

                                30%

                                Fifth

                                35%

                                Sixth and above

                                40%

                              • Schedule No. (3)

                                Short Rate Schedule – Percentages of Recoverable Premium

                                Policy Validity Period

                                Recoverable Premium

                                A period not exceeding one month

                                80%

                                A period exceeding one month to the end of the fourth month

                                70%

                                A period exceeding four months to the end of the sixth month

                                50%

                                A period exceeding six months to the end of the eighth month

                                30%

                                A period exceeding eight months

                                Nil

                              • Schedule No. (4)

                                List of the parts damaged by a traffic accident which must be replaced for new ones without deduction of any depreciation

                                Glass

                                 

                                Brake master cylinders

                                 

                                Brake wheel cylinders

                                 

                                Brake calipers

                                 

                                Brake cables (conduit type)

                                 

                                Brake hoses

                                 

                                Brake diaphragms

                                 

                                Steering boxes

                                 

                                Steering rakes

                                 

                                Steering ball joints and swivels

                                 

                                Seat belts

                                 

                              • Schedule No. (5)

                                "Schedule of Details of the Insured Motor Vehicle in the Insurance Policy against Third Party Liability"

                                Details of Motor Vehicle

                                Country of Manufacture

                                Plate Number

                                Make, Model and Color

                                Motor Vehicle Classification

                                Registration Type

                                Purpose of use

                                Manufacturing Year

                                Tonnage

                                Number of Passengers with Driver

                                 

                                 

                                Engine Number:

                                Chassis Number:

                                 

                                ……………………….. Company declares that the Motor Vehicle detailed above inthis Schedule is insured with it according to the provisions of this Policy.

                                Issued By:                            Issuance Date:
                                 

                                Policy Number:
                                 

                                The term of insurance begins at …………. on …/…/….., and expires at …………. on …/…/…..

                                Total premium:                                                 Issuance date: …/…/…..

                                Insured's Details

                                Company's Details

                                Insured's Name

                                :

                                 

                                Company's Name

                                :

                                 

                                Address

                                :

                                 

                                Address

                                :

                                 

                                E-mail

                                :

                                 

                                E-mail

                                :

                                 

                                Postal Address

                                :

                                 

                                Postal Address

                                :

                                 

                                Phone

                                :

                                 

                                Phone

                                :

                                 

                                Identification Number

                                :

                                 

                                 

                                 

                                 

                                Name and signature of the Insured or their representative:

                                Signature and stamp of the Company:

                                • Motor Vehicle Insurance Application

                                  Applicant's Details

                                  Name according to ID

                                  First

                                  Second

                                  Third

                                  Family Name

                                   

                                   

                                   

                                   

                                   

                                   

                                  Date of Birth

                                  / /

                                  P.O. Box

                                   

                                  Postal Code

                                   

                                  ID Number

                                   

                                   

                                  E-mail

                                   

                                   

                                  Home Phone

                                   

                                  Office Phone

                                   

                                  Mobile

                                   

                                  Address/Emirate

                                   

                                   

                                   

                                   

                                   

                                  Profession

                                   

                                   

                                  Employer

                                   

                                   

                                  Driving License Number

                                   

                                   

                                  Expiration Date

                                   

                                   

                                  Trade Name (if any)

                                   

                                   

                                  Commercial

                                  Register

                                  Number

                                   

                                   

                                  Head Office

                                   

                                   

                                   

                                   

                                   

                                   

                                  Insurance Service Details

                                  Registration Mark

                                  Truck

                                  Small Truck

                                  Large Truck

                                  Other

                                   

                                  Model/Use

                                  Private

                                  Commercial

                                  Rental

                                  Driving Learning

                                  Other

                                  Body Number

                                   

                                   

                                  Engine Number

                                   

                                   

                                  Chassis Number

                                   

                                   

                                  Engine Capacity (CC)

                                   

                                   

                                  No. of Passengers

                                   

                                   

                                  Manufacturing Year

                                   

                                   

                                  Current Value without Accessories

                                   

                                   

                                  Current Value, including Accessories (to be elaborated)

                                   

                                   

                                  Insurance Period

                                   

                                   

                                  Insurance Type

                                   

                                   

                                  Insured/Representative

                                   

                                   

                                  Signature

                                   

                                   

            • Insurance Authority Board of Directors’ Decision No. ( 30 ) of 2016 Concerning issuing Regulation for Motor Vehicle Insurance Tariffs

              Effective from 1/1/2017

               

              This Decision has been amended by the Insurance Authority Board of Directors' Decision No. (41) of 2017 and the Insurance Authority Board of Directors' Resolution No. (17) of 2020 respectively. You are viewing the latest version. Please find the PDF of the first version on the table below.
              version 2 (consolidated as of 01/01/2018) 
              version 1 (effective from 01/01/2017) 

               

              The Chairman of the Board of Directors of the Insurance Authority,

              Having reviewed the Federal Law No (6) of 2007 on the Establishment of the Insurance Authority and Organization of Insurance Operations, as amended.

              Resolution No. (2) of 2009 of the Insurance Authority Board of Directors Concerning Issuing the Executive Regulations of the Federal Law No (6) of 2007;

              The Federal Law No (21) of 1995 concerning Traffic, as amended, and its Executive Regulations;

              Resolution No (3) of 2010 of the Insurance Authority Board of Directors concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the UAE.

              Resolution No (25) of 2016 of the Insurance Authority Board of Directors Concerning Issuing Regulation of the Unified Motor Vehicle Insurance Policies.

              Based upon the approval of the Insurance Authority Board of Directors and the proposal of the Director General of the Insurance Authority;

              Has resolved as follows:

               

              • Article 1

                The tariffs set out in Table (1) attached hereto shall be applied to Third Party Liability Motor Insurance Policy. The tariffs set out in Table (2) attached hereto shall be applied to the Motor Insurance Policy Against Loss and damage and Third Party Liability jointly. The forms hereto attached shall be considered as an integral part of these Regulations.

              • Article 2

                (1) The insurance companies shall abide by applying the tariffs, as set out in Article (1) hereof to all motor vehicle insurance policies to be issued as of the date of this Regulation comes into force

                (2) Insurance companies are free to compete by offering tariffs within the limits set forth in tables (1) and (2) attached to the Regulations herein. If the company decides to compete in offering tariffs, each company shall be fully and directly liable for the soundness of its decision from the technical and actuarial aspects pursuant to the Insurance Authority Board of Directors Resolution No. (11) of 2016 Concerning the Revision of the Pricing Policy Applied by a Company in the Classes of Property and Liability Insurance and the underwriting policy of the actuary in a way that reflects its previous experience with its customers and does not endanger its financial position or lead to the loss of the insured rights.

                (3) The Company may grant a reduction to the insurance applicant (Individual) with claim-free record according to the following percentages:

                1. a) 10% of the minimum premium to the owner of the vehicle that did not cause an accident leading to a claim during the previous insurance year.
                2. b) 15% of the minimum premium to the owner of the vehicle that did not cause an accident leading to a claim during the previous two years.
                3. c) 20% of the minimum premium to the owner of the vehicle that did not cause an accident leading to a claim during the previous three years.
                4. d) 10% of the minimum premium as "a loyalty reduction to the company's' customers". The reduction shall be granted to the owner of the vehicle at the time of renewing his policy with the same insurance company, provided that the insurance is not transferred to another person.
                5. e) 50% discount of the minimum insurance premium shall be granted to the owner of the motor vehicle upon renewal or issuance of new policies to the following categories:
                  1. Categories of workers in the medical sector.
                  2. Members of the Armed Forces and the Police.
                  3. Members of the Civil Defence.
                  4. People of determination.
                  5. Elderly people, who are above 60 years old.
                  6. Insurance applicants (individuals) with an accident-free records.

                (4) The insurance company shall comply to immediately provide the customer who was insured with it with a free of charge certificate showing the insurance experience for the previous years electronically or in writing, where the company shall be liable for the data contained therein.

                (5) The Company may grant a reduction to the fleet of vehicles or the fleet of motorcycles by not more than 30% of the minimum premium. The fleet means: "five or more of vehicles or Motorcycles owned by one natural person or a legal person, including ministries, federal and local authorities, official government or semi- official government bodies, an independent body, a charity or nongovernmental organization, a company or individual institution, etc."

                (6) The company may grant a reduction for the vehicles running by gas or by electricity at the renewal time of not more than 25% of the insurance premium taking into account the accidents caused by the vehicle and led to claims. Nevertheless, when there is more than one reason for reduction, only the highest rate of reduction shall apply.

                (7). The provisions of the preceding paragraphs shall apply to the vehicle insurance against Third Party Liability and the vehicle insurance against loss and damage.

                (8). The salon Taxi and rental vehicles: As an exception from the provisions of paragraph (1) of this Article, the Company may agree with the Owner on the insurance tariff of this type of vehicles which shouldn't exceed (6.5%) of the value of the vehicle, based on the loss ratio, the technical opinion and its previous experience.

                (9). The "tariff'' of the Third Party Liability insurance shall apply to the "classic and old vehicle", provided that the determination of the premium of the vehicle insurance against loss and damage shall be subject to the agreement between the owner of the vehicle and the insurance company. The classic and old vehicle means "an old vehicle of historical value not less than 30 years old, has artistic industrial value, or has a unique design that is different from its like.

                (10) The company has the right to apply one of the following two cases:.

                1. a) Return part of the premium of the valid insurance policies in proportion to the periods of application of the national sterilization system issued by the competent authorities.
                2. b) Reduction in the premium from the minimum premium, when renewing insurance policies in proportion to the periods of application of the national sterilization system issued by the competent authorities.

                (11) The company has the right to change the calculation of the premiums for new or renewed policies by making them related to the kilometers driven by the motor vehicle; in the event that the insured requests that, provided that the insurance premium does not exceed the maximum specified in the tariffs for the vehicle insurance rates determined by the authority

              • Article 3

                1. The tariffs set out in Article (1) hereof shall include the following:

                a) All coverages set out in the two policies as well as all administrative charges and expenses, and commissions.

                b) The additional premium resulting from the charges of the ambulance and medical transport to hospitals.

                1. The insurance period shall be (13) months. The premium shall be collected for the insurance period fractions on a proportionate basis.
                   
                2. In case that a company and an the insured agree on additional coverages, other than those in the policy issued under the Resolution No (25) of 2016, the agreed additional premium shall be paid. The company shall state such coverages in an understandable clear wording and in a different colour or by an addendum.
                   
                3. The insurance company, agent, or broker shall not be entitled to impose or receive any amount or additional sum without a resolution for such from the Authority.
                   
                4. The company shall abide by accurately and clearly including the insurance premium/ contribution value received from the insured in the insurance policy issued thereby and the motor vehicle insurance certificate.
              • Article 4

                The Director General shall issue the required decisions for implementing the provisions hereof.

              • Article 5

                All authorities, respectively and within their competences, shall implement the provisions hereof.

              • Article 6

                1. The application of the Circular No 28/7/AV of the Ministry of Economy and Commerce, dated 24/ 06/ 1996, shall be cancelled.
                   
                2. Each provision that contradicts the provisions hereof shall be cancelled.
              • Article 7

                This Regulation shall come into force as of 01/ 01/ 2017 and shall be published in the Official Gazette.


                Attachments:

                - Table 1. Tariffs of Third Party Liability Insurance Policy.

                - Table 2: Tariffs of Motor Vehicle Insurance Policy Against Loss and Damage and Third Party Liability.

              • Table (1)

                Tariffs of Third Party Liability Insurance Policy

                Type of vehicleMinimum
                (Insurance Period 13 months)
                (AED)
                Maximum
                (Insurance Period 13 months)
                (AED)
                Salon - Private4 cylinders7501.300
                 6 cylinders8501.400
                 8 cylinders9501.600
                 > 8 cylinders1.3002.100

                Salon- commercial

                4 cylinders7501.350
                 6 cylinders8501.500
                 8 cylinders9501.600
                 > 8 cylinders1.3002.250
                Four-wheel drive- private4 cylinders1.0001.750
                 6 cylinders1.0501.900
                 8 cylinders1.1001.950
                 > 8 cylinders1.2002.150
                Four-wheel drive- commercial4 cylinders1.0001.750
                 6 cylinders1.0501.900

                 

                8 cylinders1.1502.100
                 > 8 cylinders1.3502.450
                Pickup & TruckUp to 1 ton1.0001.750
                 Up to 2 tons1.0001.800
                 Up to 3 tons1.1502.100
                 More than 3 tons1.3002.300
                Trailer, water & fuel tankerTrailer1.2002.150
                 Water tanker up to 2000 gallons1.4502.250
                 Water tanker more than 2000 gallons up to 5000 gallons1.4002.500

                 

                Water tanker trailer1.5002.500
                 Fuel tanker2.0003.300
                BusesUp to 14 passengers1.1001.900

                 

                Up to 26 passengers1.8003.250
                 Up to 56 passengers2.1503.850
                EquipmentLight equipment- dumper & agriculture1.0002.500
                 Light equipment/ forklift- private1.3002.500
                 Light equipment/ forklift- commercial1.3002.500

                 

                Heavy vehicle- private1.6003.000
                 Heavy vehicle- commercial1.6003.000
                motorcycleUp to 200 cc5501.150

                 

                Above 200 cc6001.150

                The insurance company, the insurance agent or the broker may not impose or collect any additional payment or allowance except by a decision issued by the Insurance Authority

              • Table(2)

                Tariffs of Motor Vehicle Insurance Policy Against Loss and Damage and Third Party Liability

                 Rate (insurance period 13 month)DriverPassenger
                No.Type of vehicleMinimum PremiumMaximum(AED)  (AED)
                1

                Salon

                1.3005%12030
                2

                Four-wheel drive

                2.0007%12030
                3

                Private and commercial trucks

                    
                 

                A- pickup and van up to 3 tons (Light)

                1.5507%12030
                 

                B- heavy, more than 3 tons

                2.0009%12030
                4

                Buses

                    
                 

                A- up to 15 seats (private)

                1.9007%12030
                 

                B-up to 15 seats (commercial)

                1.9507%12030
                 

                C- up to 26 seats (private)

                2.3507%12030
                 

                D- up to 26 seats (commercial)

                2.4007%12030
                 

                E- up to 56 seats (private)

                2.4007%12030
                 

                F -Up to 56 seats (commercial)

                2.5007%12030
                5

                Equipments

                2.7507%12030
                6

                Motorcycle

                Up to 200 CC: 800

                More than 200 CC: 850 

                5%120-

                The insurance company, the insurance agent or the broker may not impose or collect any additional payment or allowance except by a decision issued by the Insurance Authority

                Payment of the insurance premium for (the passenger) shall apply only to individuals who work for the insured.

        • Insurance Policy language

          • Administrative Decision No. (140) of 2019 Concerning the Exclusion of Some Insurance Policies From the Requirement of Being Written in the Arabic Language

            The Director General of the Insurance Authority,

            Having Considered:

            - Federal Law No. (6) of 2007 on Establishment of the Insurance Authority & Organization of Insurance Operations and amendments thereof;
            - Insurance Authority Board of Directors' Decision No. (2) of 2009 concerning the issuance of the Executive Regulation of the Federal Law No. (6) of 2007 on Establishment of the Insurance Authority & Organization of Insurance Operations;
            - Insurance Authority Board of Directors Decision No. (3) of 2010 on the Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the UAE and the amendments thereof,

            Has decided: -

            • Article (1)

              Pursuant to the provisions of paragraph No. (4) of Article No. (28) of the Federal Law No. (6) of 2007 as amended, the following insurance policies shall be excluded from the requirement of being written in the Arabic language:

              1. Marine hull, and the related machinery, their missions, equipment and the related liabilities insurance.
              2. Aviation hull insurance and the likewise, and the related machinery, their missions, equipment and the related liabilities insurance.
              3. Satellites, balloons and spaceships, and the related machinery, their missions, equipment and the related liabilities insurance.
              4. Oil Insurance, including all insurance that is normally considered oil insurance.
              5. Insurance policies of an international nature which are required to be written in the English language.
            • Article (2)

              First: Insurance companies shall apply for licensing the insurance product to the Authority electronically, according to the form prepared for this purpose, containing all the papers, data and documents related to the product. As well as, the illustrations, tables and the like, in accordance with the following types:

              1. Insurance of Persons and Funds Accumulation Operations, including the following:
              1. Insurance policy in Arabic;
              2. Insurance policy in English;
              3. Specification Table in Arabic;
              4. Specification Table in English;
              5. Application Form in Arabic;
              6. Application form in English;
              7. Claim Form in Arabic;
              8. Claim Form in English;
              9. Illustrations Form;
              10. Electronic Spreadsheet;
              11. Detailed report of the Actuary in accordance with the legislation in force;
              12. Signed reinsurance arrangements;
              13. Product marketing materials;
              14. Description of the policy management system;
              15. Any other documents or data that may be deemed relevant.
              1. Types of Property and Liability Insurance including:
                1. Insurance policy in Arabic.
                2. Insurance policy in English.
                3. Specification Table in Arabic.
                4. Specification Table in English.
                5. Certificate of the Actuary, including his endorsement of the technical bases and the premium rates.
                6. Application Form in Arabic.
                7. Application form in English.
                8. Claim Form in Arabic.
                9. Claim Form in English.
                10. Signed reinsurance arrangements;
                11. Product marketing materials;
                12. Any other documents or data that may be deemed relevant.

              Second: Annexing a certificate by the Company's Compliance Officer of AML/CFT in insurance activities, including his study and assessment of the risks associated with the product and the inclusion of the company's internal controls for the basis of the management of these risks.
              Third: Providing an undertaking stating that the product does not conflict with the legislations in force in the State.
              Fourth: Any other data or documents requested by the Authority.

            • Article (3)

              This decision shall come into force as from the day following the date of its issuance.

        • Capital and Solvency

          • Minimum Capital

            • Cabinet Resolution No. 42 of 2009 Concerning Insurance Company Minimum Capital Regulations

              IA-BOD-RES 42/2019 Effective from 27/12/2009

               

              This Resolution has been amended by the Cabinet Resolution No. (16) of 2017. You are viewing the latest version. Please find the PDF of the previous version on the table below.
              version 2 (consolidated as of 15/05/2017) 
              version 1 (effective from 27/12/2009) 

               

              The Cabinet,

              Having perused:

              - The Constitution;

              - The Federal Law No.1 of 1972 concerning the Functions of Ministries and Powers of Ministers, and the amending laws thereof;

              - The Federal Law No. 8 of 1984 concerning n Commercial Companies, and the amending laws thereof;

              - The Federal Law No. 5 of 1985 promulgating the UAE Civil Transactions Law, and the amending laws thereof;

              - The Federal Law No. 18 of 1993 promulgating the Commercial Transactions Law;

              - The Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;

              - The Ministerial Councils for Services Resolution No. 227/10m of 2009 concerning the Insurance Company Capital Regulations; and

              - Based on the recommendation of the Minister of Economy and the Approval of the Cabinet,

              Has decided:

              • Board of Directors’ Decision No. (15) of 2019 On the Instructions Concerning the Rules of Ownership Ratios in the Capital of Insurance Companies

                Effective from 17/4/2019

                The Chairman of the Insurance Authority,

                Having pursued,

                - Federal Law No. (4) of 2000 Concerning the Emirates Securities and Commodities Authority and Market, and the amendments thereof;

                - The Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof;

                - - Federal Law No. (4) of 2012 on the Regulation of Competition;

                - Federal Law No. (2) of 2015 Concerning Commercial Companies and its amending laws;

                - Cabinet Resolution No. (42) of 2009 Concerning Insurance Company Minimum Capital Regulations and the amendments thereof;

                - The Insurance Authority Board of Directors Decision No. (2) of 2009 Concerning the. Issuance of the Executive Regulations of the Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations;

                - Insurance Authority Board Resolution No. (13) of 2015 on the Instructions Concerning Anti-Money Laundry and Combating Terrorism Financing in Insurance Activities;

                -And, based on the recommendation of the Director General of the Insurance Authority and the approval of the Board of Directors,

                Has decided,

                • Article (1)

                  In the application of the provisions of this Resolution, the following words and expressions shall have the meanings ascribed thereto below, unless the context otherwise requires:
                   

                  The State/UAEUnited Arab Emirates
                   
                  The LawThe Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
                   
                  Companies LawThe Federal Law No. 8 of 1984 concerning Commercial Companies, and the amending laws thereof or the laws replacing it.
                   
                  IA/AuthorityThe Insurance Authority
                   
                  The BoardThe Board of Directors of the Insurance Authority
                   
                  CompanyAn insurance company incorporated within the State and a foreign insurance company licensed to practice insurance activity in the State, wither through a branch or an agent, including companies practicing cooperative and Takaful insurance and reinsurance companies.
                   

                   

                  • Definitions

                    • Article (1)

                      1. The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:

                      State: The United Arab Emirates

                      Law: Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.

                      Authority/IA: The Insurance Authority established by virtue of the provisions of the Law.

                      Board: The Board of Directors.

                      Chairman: The Chairman of the Board.

                      Director General: The Director General of the Insurance Authority.

                      Company: The insurance company incorporated in the State, and the foreign insurance company licensed to carry out insurance activities in the State, either through a branch or an Insurance Agent, including Takaful insurance companies.

                      Person: Any natural or legal person.

                      Strategic Partner: A partner whose contribution in the company provide Technical, operational or marketing support to the company for its benefit.

                      Control: The Insurance company shall be in controlling position in the following cases:

                      (a) A single person or with the Related Parties possesses 10% or more of the capital or financial instruments (such as convertible bonds to shares) or voting rights in the company.

                      (b) Any agreement or position leading to the empowerment to appoint and disqualify most of the Board of Directors members, managers and executive committees in the company.

                      Related Parties: Shall mean the following:

                      1- The persons who are linked with an agreement or arrangement for the purpose of controlling a company.

                      2- The Natural person and his minor children.

                      3- The legal person, in addition to any of the Board of Directors members, or companies to which he contributes at least 30% of its capital, or sister, subsidiary or associated companies, unless they prove that there is no agreement or arrangement between them for the purpose of control.

                      4- Relatives such as father, mother, brother, sister, children, spouse, spouse's father, spouse's mother and spouse's children, unless they prove that there is no agreement or arrangement between them for the purpose of control.

                      Rules of Ownership Ratios in the Capital of Insurance Companies: Controls and conditions that are necessary for the entry of persons as shareholders in insurance companies.

                      Electronic Systems: Electronic and smart or any other services adopted by the Insurance Authority.

                      2. Exception to what was provided above, the words and phrases contained in this Instructions shall have the meanings given to them pursuant to the provisions of the Law and its Executive Regulations.

                  • Article (2) Scope of Application

                    The provisions of this Resolution shall apply to all companies, excluding companies operating in free zones in the State.

                    • Scope of Applicability

                      • Article (2)

                        1- The provisions of these Instructions shall apply to any changes may occur to the Ownership Ratios Rules after their entry into force and shall not apply to any changes in Ownership Ratios of existing shareholders.

                        2- Without prejudice to the provisions of legislations and companies’ articles of association with respect to the minimum ownership limit of a UAE Nationals in the capital of insurance companies, and taking into consideration the provisions of Federal Law No. (2) of 2015 Concerning Commercial Companies, and mergers and acquisitions rules of public joint stock and the Strategic Partner requirements issued by Securities and Commodities Authority, the provisions of these instructions shall apply to the controlling operations of insurance companies.

                    • Article (3) Minimum Capital of the Company

                      The subscribed and paid up capital of a company may not be less than AED 100,000,000 (One Hundred Million UAE Dirhams). The subscribed and paid up capital of a reinsurance company may not be less than AED 250,000,000 (Two Hundred And Fifty Million UAE Dirham).

                      • Requisites for the Shareholders Wishing to Control

                        • Article (3)

                          1. Natural persons wishing to control shall comply with the following:
                            1. Providing information, documents and data with respect to their address, nationality, jobs, previous experience in the field of insurance and related professions inside and outside the State, the share of each of them and their financial solvency.
                            2. Submitting a statement indicating if there is a relationship with the company to be controlled or not.
                            3. Submitting a statement of his membership in one or more boards of directors of a financial institution or his ownership of more than 20% of the issued and paid up capital for any financial institution or more inside or outside the State.
                            4. Submitting a certificate showing that he has never been convicted on a felony or misdemeanour prejudicial to honour, trustworthiness or public morals, and submitting a declaration that he has not been declared bankrupt unless he has been rehabilitated.
                            5. Submitting a declaration on his financial resources of the applicant and an undertaking of his ability to provide more capital and other support forms to the insurance company when needed
                               
                          2. The legal person wishing to control shall commit to providing the following:
                             
                            1. Complete information regarding his addresses, nationality, legal form, branches, field of work and geographical scope of his activity.
                            2. Names and nationalities of those who are responsible for managing the legal person;
                            3. Two audited balance sheets for the last two financial years at least;
                            4. Providing an undertaking or a letter of guarantee in an admissible form, stating that he is committed to providing financial support to the company he is wishing to control;
                            5. Full information about the main owners, the nature of their work, their experience and shares in the insurance or reinsurance companies or related professions inside and outside the country;
                            6. Providing the consent of the main regulatory authority to which the legal person is subject concerning the ratio or for his entry as a controlling person, as the case may be, with respect to the company that he is requesting to control if he is subject to a regulatory authority.
                      • Article (4)

                        A. At least 51% (fifty one percent) of the capital of a company incorporated in the State must be owned by natural persons of the UAE or GCC nationals or by juridical persons wholly owned by citizens holding UAE or GCC nationality.

                        B. the Board of Directors shall issue a resolution specifying the regulations and conditions required form the natural and juridical persons to be shareholders of the Company.

                        • Strategic Partner Requisites

                          • Article (4)

                            The Following Requisites should be fulfilled in the Strategic Partner:

                            1. His activity is similar or supplementary to the activity of the issuing company and leads to a real benefit thereof;
                            2. has issued at least two audited balance sheets for at least two financial years. This shall not apply to the Federal Government or the Local Government in the State;
                            3. A Strategic Partner may be a foreign person provided that his entry as a Strategic Partner in the company's capital shall not affect the UAE Nationals’ ownership ratios or the company's articles of association;
                            4. The Strategic Partner shall conclude a contract with the company, indicating the mechanisms of his contribution, disassociation, and the company's development plan.

                            5- The availability of minimum required capital as well as the ability to provide more capital or any other form of support to the insurance company, if needed.

                            6- Documents and data referred to in paragraph (2) of the previous Article shall be made available.

                        • Article (5) Increase of the Company Capital

                          Subject to the provisions of the Companies Law, the company's capital may be increased under a decision of the IA based on an application submitted by the Company in this regards in accordance with the form designated by the IA for this purpose.

                          • Requesting Clarifications

                            • Article (5)

                              In the light of the application of these Instructions, the Authority may request any clarifications, information, data or additional procedures from the companies or the person who submits the controlling application, including any requirements pertaining to applying instructions concerning Anti-Money Laundering and Terrorist Financing in Insurance Activities, and all other relevant legislation applicable in the State.

                          • Article (6) Reduction of the Company Capital

                            Subject to the provisions of the Companies Law and Article (3) of this Resolution, the company's capital may be reduced under a decision of the IA based on an application submitted by the Company in this regard in accordance with the form designated by the IA, provided that such application shall include a statement of the reasons for the Company's request to reduce its capital and that the capital reduction would not cause a breach of its current or future obligations. The Board may approve or reject the motion for capital reduction according to the requirements of the public interest.

                            • Approving the Application for Controlling

                              • Article (6)

                                1- A person, whether individually or with the Related Parties may not increase his ownership more than 10% or double this Ratio of the issued and paid up share capital of the company or any Ratio leading to the control over the company without obtaining the approval of the Authority.

                                2- Subject to the Ratio mentioned in the previous clause, if any person wishes to increase his ownership more than 5% and not exceeding 10% of the issued and paid up capital, he shall notify the Insurance Authority within fifteen days from the date of ownership.

                                3- Exception from the provisions of this Article, with regards to obtaining prior consent in the event of increasing the person’s ownership ratios more than the ratios referred to herein or any ratio that leads to controlling the company, is by inheritance or bequest.

                            • Final Provisions

                              • Submitting an Application to Control

                                • Article (7)

                                  All companies existing at the time when the provisions of this Resolution enter into force must rectify their positions according to its provisions within three years as of the date the Resolution taking effect.

                                  • Article (7)

                                    The application to approve the ownership of more than 10% of the issued and paid up capital shall be submitted to the Insurance Authority at least 60 days prior to the date of the control in accordance with the electronic systems prepared for this purpose or other means adopted by the Insurance Authority.

                                  • Article (8)

                                    The Board shall issue the instructions and regulations necessary to implement this Resolution.

                                  • Article (9)

                                    This Resolution shall be published in the Official Gazette and shall take effect as of the date of its publication.

                              • Decision on the Control Application

                                • Article (8)

                                  The Insurance Authority shall take its decision on the application within thirty days from the date of submitting the application, fully completed with all required data and information, and shall notify the applicant of the acceptance or rejection in accordance with the electronic systems prepared for this purpose or other means adopted by the Insurance Authority. In case the decision was to reject the application, then the reason for such decisions must be provided. If the decision was to approve, then the decision shall specify the period of validity of such approval or the Insurance Authority shall restrict its approval with any conditions it deems appropriate for the public interest.

                                • Article (9)

                                  The Authority may reject the request for control if the conditions referred to in Articles (3), (4) and (5) of the Instructions herein are not met or if the request for control may cause unjustifiable harm to the policy holders, the company or the insurance sector or in case of a potential conflict of interest when controlling the company or breach of the objectives to protect and promote competition and anti-monopoly practices or in accordance with the criteria determined by the Insurance Authority.

                              • Grievance

                                • Article (10)

                                  A grievance against the Decision to reject the application for control may be filed before the Authority within (Twenty) working days from the date of notification of such Decision in accordance with the electronic systems prepared for this purpose or other means adopted by the Authority. the grievance shall be submitted to the Board, which will decide on the application at its first meeting from the day following the submission of the complete application. The decision of the Board on such grievance shall be final.

                              • Company Obligations

                                • Article (11)

                                  The company shall comply with the following:

                                  1. Notify the Authority of any potential controlling operation and provide all information about the persons wishing to control as soon as such information is available.
                                  2. Notify the Authority in case the ownership of the shareholders has decreased from the levels of control specified in the Instructions herein.
                                  3. Provide the Authority with the information and data it has with regard to the controlling persons or any other person who practices control directly or indirectly in the preceding financial year within one month of the end of the financial year in accordance with the electronic systems prepared for this purpose or other means adopted by the Authority.
                                  4. The branches of foreign companies shall inform the Authority in case changes made to the control of the parent company as soon as they occur, and shall provide the Authority with the approval of the regulatory body to which the parent company is subject.
                              • Penalties

                                • Article (12)

                                  Penalties stipulated in the relevant legislation, shall be applied to the acts violating the provisions of the Instructions herein.

                                • Article (13)

                                  The Director General shall issue decisions and circulars as required for the implementation of these Instructions.

                                • Article (14)

                                  These Instructions shall be published in the Official Gazette and shall come into force from the following day of its publication.

      • Takaful Insurance Companies

        • Takaful Insurance Regulations

          • Regulation Regarding Takaful Insurance

            • Article (1)

              • Introduction

                1.1 The Central Bank seeks to promote development of the Takaful Insurance activities to ensure its effectiveness and efficiency. To achieve this, Takaful Insurance Companies that conduct its businesses and activities in accordance with the Islamic Shari’ah must ensure that all its businesses and activities are compliant with the requirements set in this Takaful Insurance Regulation (“the Regulation”) and other regulations and standards issued by the Central Bank and the Higher Shari’ah Authority (“HSA”).

                1.2 This Regulation is issued pursuant to the powers vested in the Central Bank under the provisions of the Federal Law No. (6) of 2007 on Organization of Insurance Operations and its amendments, and the Decretal Federal Law No. (14) of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities and its amendments.

                1.3 Where this Regulation includes a requirement to provide information, or to take certain measures, or to address certain items listed as a minimum, the Central Bank may impose requirements, which are additional to the requirements provided in the relevant article.

            • Article (2)

              • الهدف

                الهدف من هذا النظام هو وضع حد أدنى للمتطلبات التي يجب على شركات التأمين التكافلي الالتزام بها في جميع أنشطتها وأعمالها، مع الأخذ في عين الاعتبار:

                أ.التحقق من سلامة أوضاع الشركات،
                ب.

                والمساهمة في تعزيز الاستقرار المالي، وحماية المشتركين.

                 

            • Article (3)

              • Scope of Applicability

                3.1 The provisions herein apply to all Takaful Insurance Companies, incorporated, or to be incorporated, under the provisions of laws in force in the UAE, in practicing Takaful insurance business, as well as foreign Takaful Insurance Companies licensed to practice their businesses in the UAE, in accordance with the Islamic Shari’ah Provisions.

                3.2 Takaful Insurance Companies and their Takaful Insurance business are subject to the Executive Regulation, regulations, instructions, and resolutions issued by the Central Bank and the HSA pursuant to the provisions of Law and this Regulation.

            • Article (4)

              • Definitions

                4.1 The following words and expressions wherever used herein shall have the meanings ascribed thereto, unless the context requires otherwise:

                1. Islamic Shari’ah Provisions:
                  1. The resolutions, Fatwas, regulations and standards issued by the Higher Shari’ah Authority in relation to activities and businesses of the Company ("HSA’s Resolutions"),
                  2. The resolutions and Fatwas issued by the Internal Shari’ah Supervision Committee of the respective Company, in relation to activities and businesses of such Company ("ISSC’s Resolutions"), provided that they do not contradict HSA’s Resolutions.

                   
                2. Contribution: The consideration which the Participant undertakes to pay on basis of the donation (Tabarru’) commitment for his/her subscription in Participants’ Account with the Company in order to compensate the damages or pay the benefits to the eligible beneficiary.
                   
                3. Takaful Insurance: A collective contractual arrangement aiming at achieving mutuality and cooperation among a group of Participants against certain risks, whereby each Participant pays certain Contribution to form an account called the Participants’ Account. This account is used for paying the entitled compensations and/or benefits when risk is realized, in accordance with the terms and conditions. The Company manages this account and invests its funds.
                  All transactions of the Takaful Insurance Company should be in accordance with the Islamic Shari’ah Provisions.
                   
                4. Participants’ Account: An account created by the Company to deposit the Contribution amounts, the returns from its investment, and the revenues from the Takaful Reinsurance (Retakaful). The personal capacity implications should be attributed to this account and it should have financial independency from the Company. This account shall be responsible for compensating Participants, beneficiaries and affected third parties, in accordance with the terms of the Takaful Insurance Policies. The Wakala fees and the amounts of compensation and/or benefits are paid to the Participants from this account, in addition to the relevant allocations or reserves, as determined by the Central Bank. The Company must manage the account on behalf of the Participants by Wakala and it must represent it in all matters related thereto.
                  This account is termed as (Risk Coverage Account) in family Takaful insurance.
                   
                5. Takaful Insurance Accounts: It covers all the Company’s accounts, including Participants’ Accounts and/or Participants’ Accounts for family Takaful insurance, and shareholders’ accounts.
                   
                6. Company/ Companies: The Takaful Insurance Company, which is incorporated and practices its business in accordance with the provisions of the Law, the Executive Regulation and this Regulation, and whose carried out businesses and activities are in accordance with the Islamic Shari’ah Provisions.
                   
                7. Law: The Federal Law No. (6) of 2007 on Organization of Insurance Operations and its amendments.
                   
                8. Executive Regulation: The executive regulation for the Federal Law No. (6) of 2007 issued under the resolution of the Insurance Authority’s Board of Directors No. (2) of 2009.
                   
                9. Internal Shari’ah Supervision Committee: A body appointed by a Company, comprised of scholars specialized in Islamic financial transactions, which independently supervises transactions, activities, and products of the Company and ensure its compliance with Islamic Shari’ah in all its objectives, activities, operations, and code of conduct.
                   
                10. Participant: An individual that holds a Participation Membership Policy and a Takaful Insurance Policy, who undertakes to regularly pay the Contribution, and who, or his/her legal heirs or assignees, where assignment is allowable, shall have the right to receive compensations or benefits provided by the Participants’ Account.
                   
                11. Central Bank: Central Bank of the United Arab Emirates.
                   
                12. Higher Shari’ah Authority: An authority that exercises the mandates and authorities stipulated in this Regulation and the notices issued by the Central Bank.
                   
                13. Participation Membership Policy: The policy containing key bases and principles of Takaful Insurance applied by the Company to govern its relation with the Participants, which should be accepted by the Participant upon subscription.
                   
                14. Takaful Insurance Policy: The policy concluded between the Company and the Participant that contains the contract’s terms and conditions, the rights and obligations of the parties or the beneficiaries of the Takaful Insurance as well as any endorsement to this policy.
                   

                4.2 Save as provided for in Article (4.1), the words and expressions included herein shall have the same meaning assigned thereto under Article (1) of the Law.

            • Takaful Insurance Business

              • Article (5)

                • Practicing Takaful Insurance Business

                  Takaful Insurance business shall be practiced by licensed Takaful Insurance Companies only.

              • Article (6)

                • Types of Takaful Insurance

                  Direct Takaful Insurance activities are classified into three types:

                  1. Takaful Insurance of persons and funds accumulation operations.
                  2. Property Takaful Insurance.
                  3. Liability Takaful Insurance.
              • Article (7)

                • Classes of Personal Takaful Insurance

                  Personal Takaful Insurance includes the following classes:

                  1. Family Takaful Insurance of all forms.
                     
                  2. Health Takaful Insurance of all forms.
                     
                  3. Personal Accident Takaful Insurance associated with family Takaful insurance.
              • Article (8)

                • Classes of Property and Liability Takaful Insurance

                  Property and Liabilities Takaful Insurance includes the classes referred to in Article (5) of the Executive Regulation, provided that they do not include anything that contradicts Islamic Shari’ah Provisions.

              • Article (9)

                • Combining Takaful Insurance Types

                  9.1 The Company may not combine the business of Personal Takaful Insurance and the business of Property and Liability Takaful Insurance.

                  9.2 As an exception to Article (9.1) above, an existing Company that is licensed to carry out both types of insurance may continue to do so in accordance with the Article (25) of the Law.

              • Article (10)

                • Management of Takaful Insurance Operations

                  Risk management and investment operations associated with Contributions shall be carried out by the Company on the basis of Wakala or Wakala and Mudaraba or any other form, provided that it is approved by the Central Bank and the HSA. The relationship between the Company and the Participant must be subject to these provisions stated in the Participation Membership Policy (“PMP”).

              • Article (11)

                • Participation Membership Policy

                  11.1 The Company shall develop Participation Membership Policy to offer it to those who wish to subscribe in the Participants’ Account for any type or class of Takaful Insurance. The policy must be signed by both parties and a copy should be given to the Participant. The following must be taken in consideration when preparing the PMP:

                  1. The PMP must be separate from the Takaful Insurance Policy, which must be consistent with the principles stated in the PMP.
                  2. The PMP must address the bases and rules governing the Takaful relationship between the Company and the Participant, including the legal nature of this relationship.
                  3. The PMP must elaborate that payments made by the Participant are made as donation (Tabarru’) commitment and/or investment for part of it, as applicable.
                  4. The PMP must name the account in which the Participant will participate in.
                  5. The PMP must disclose that the Company provides goodwill loan (Qard Hasan) when the assets of Participants’ Account are insufficient to repay the obligations incurred on such account.
                  6. The PMP must state the amount of Wakala fees due to Company and the method of its calculation, as well as the share of the Company from the Mudaraba profit or Wakala fees for investing the Participants’ Account and the method of calculating such share or fees.
                  7. The PMP must disclose the information that relates to the Company's policy for investing the portions allocated for investment from the Contributions, provided such policy is compliant with the Islamic Shari’ah Provisions.

                  11.2 The PMP mentioned in Article (11.1) must be approved by the Company's ISSC.

                  11.3 The PMP must then be presented to the Central Bank for approval before offering it to those concerned.
                  After soliciting the opinion of the HSA, the Central Bank may object to the PMP contents if incorporating any provisions in contrary to legal provisions or Islamic Shari’ah Provisions, or if containing an explicit prejudice to the interests of the Participants.

                  11.4 The Company must maintain a record of PMPs. Such record shall be subject to inspection and audit by the Internal Shari’ah Supervision Committee and the Central Bank.

            • Internal Shari’ah Supervision Committee

              • Article (12)

                • Formation of the Internal Shari’ah Supervision Committee

                  12.1 The Company must form a committee to be called the Internal Shari’ah Supervision Committee (“ISSC”). The ISSC must consist of at least three members nominated and appointed as follows:

                  1. The ISSC members must be nominated by the Company’s board of directors.
                  2. The candidates' names and qualifications must be presented to the HSA at the Central Bank for approval at least forty-five days prior to the meeting of the Company's general assembly. In case the approval request is declined, the Company must nominate a substitute to the disapproved candidate.
                  3. The candidates' names must be presented to the Company's general assembly to approve their appointment as ISSC members and must inform the Central Bank of the names of those appointed as ISSC members within ten days after the general assembly meeting.
                  4. The ISSC membership term must be three years, which can be renewable.
                  5. The ISSC members must elect a chairman and vice-chairman from amongst them. The chairman shall represent the ISSC before the Company’s board of directors, its general assembly, the Central Bank, and the HSA.

                  12.2 In case a ISSC membership seat becomes vacant, the Company's board of directors must appoint a member to fill in the vacant membership to complete the duration stated in the Article (12.1/d), after presenting the nominee’s name and qualification to the HSA for approval. Such appointment must be presented to the general assembly of the Company in its first subsequent meeting for approval.

              • Article (13)

                • Fit and Proper Criteria

                  A candidate to be a member in the ISSC must meet the conditions and criteria adopted by the HSA and issued by the Central Bank under this Regulation. Previous provisions in this regard must apply until the relevant standards are issued by the HSA.

              • Article (14)

                • Responsibilities of the Internal Shari’ah Supervision Committee

                  14.1 The ISSC must undertake the following:

                  1. Set the basic Shari’ah principles for the Company’s operations.
                  2. Review all the Company's transactions, the Takaful insurance products, policies, contracts, and documents which the Company uses in order to ensure compliance with the Islamic Shari’ah Provisions; and approve the same before placing them into practical use.
                  3. Review the Takaful insurance transactions and the investments conducted by the Company, and show to what extent they are compliant with the Islamic Shari’ah Provisions.
                  4. Approve any activity carried out by the Company or reject it, if such activity is not compliant with the Islamic Shari’ah Provisions.
                  5. Issue Fatwas, resolutions, and providing opinions in relation to Company’s activities presented to the ISSC. Insurance broker, surveyor, adjustor and consultant, and actuary - associated with a specific Takaful Insurance operation in a Takaful Insurance Company - may seek the opinion of the ISSC of the Company regarding the Islamic Shari’ah Provision for the operation they are involved in, and do that through the Company. The ISSC must provide them with its opinion through the Company.

                  14.2 The ISSC may undertake other responsibilities that may be required by the HSA and issued by the Central Bank under this Regulation.

              • Article (15)

                • Authorities of the Internal Shari’ah Supervision Committee

                  The ISSC resolutions are binding on the Company. The ISSC must have the right to access, at any time, all Company's records, contracts, and documents. The ISSC may require clarifications as it deems necessary to perform its tasks and the Company's senior management must provide such clarifications. In case the ISSC was not enabled to perform its functions, it must state that in a report to the board of directors. If the board of directors fails to meet the ISSC’s request, it must notify the HSA, whose resolution must be binding on the Company.

              • Article (16)

                • The Charter of the Internal Shari’ah Supervision Committee

                  The Company must set, by a resolution of its board of directors, the charter for the ISSC. The charter must be in accordance with the format set by the HSA, and a copy thereof must be sent to the Central Bank for approval.

              • Article (17)

                • Annual Shari’ah Report

                  17.1 The ISSC must prepare an Annual Shari’ah Report to the Company's general assembly, and it must be in accordance with the format set by the HSA, indicating the compliance of the Company with the provisions of Islamic Shari’ah in all its businesses and activities.

                  17.2 The ISSC must provide the HSA with a copy of the Annual Shari’ah Report no later than one month prior to the date of the general assembly of the Company, in order to make any comments.

            • The Internal Shari’ah Control

              • Article (18)

                • The Internal Shari’ah Control

                  Internal Shari’ah Control must be established in each Company according to what is required by the HSA and issued by the Central Bank.

            • The Higher Shari’ah Authority

              • Article (19)

                • The Higher Shari’ah Authority

                  19.1 The HSA shall establish the Shari’ah general rules, standards, and Shari’ah principles for the businesses and activities of Companies. It shall undertake supervision and oversight on the ISSCs and the Shari’ah controls of Companies.

                  19.2 The HSA shall state its opinion regarding the regulations and standards issued by the Central Bank pertaining to the Companies’ activities.

              • Article (20)

                • The Higher Shari’ah Authority Expenses

                  Companies subject to the provisions of this Regulation must bear the expenses of the HSA, including remunerations, allowances and expenses of its members, and the mechanism of funding its establishment and continuity of its functioning, as determined by the board of directors of the Central Bank.

            • Takaful Insurance Accounts

              • Article (21)

                • Participants’ Accounts

                  The Companies practicing all types and classes of Takaful Insurance must undertake to adopt complete separation between the personal Takaful Insurance business on the one hand, and the property and liability Takaful Insurance business on the other hand, in terms of technical, financial, and administrative aspects. In particular, there should be two accounts (or more) for the Participants completely separated per the type of insurance practiced by the Company.
                  The funds available in each account must be allocated to meet the account’s liabilities and management expenses.

              • Article (22)

                • The Participants’ Accounts for Family Takaful Insurance

                  The Contributions in the family Takaful insurance must be divided into two accounts:

                  1. Investment Account: to which the portion of Contributions allocated for investment in this type of Takaful Insurance must be transferred.
                  2. Risk Coverage Account: to which the portion of Contributions allocated for risk coverage in this type of Takaful Insurance must be transferred.
              • Article (23)

                • Accounts for Other Takaful Insurance Types and Classes

                  23.1 One or more accounts called (Participants’ Account) must be opened with the Company per the non-family Takaful insurance types and classes. The accrued Contributions must be recorded in such account(s), in addition to the investment revenues realized from investing the funds accumulated in the said account(s).

                  23.2 Due compensations and benefits must be paid from the Participants' Account in accordance with the terms and conditions of Takaful Insurance Policies.

                  23.3 Inputs and outputs of such account(s) must be determined in accordance with the applicable accounting rules.

                  23.4 The assets and liabilities of the Participants’ Account should be completely separate from the Company's assets and liabilities, and should not include the deposit required in accordance with Article (42) of the Law.

            • Participants' Rights

              • Article (24)

                • Sharing the Participants Accounts’ Surplus

                  24.1 After soliciting the opinion of the ISSC, the Company must establish the rules under which Participants share the surplus realized in the Participants’ Accounts, either collectively for all accounts or individually for each account subject to complete separation between the family Takaful insurance accounts and other accounts; and provided that Participants in one account may not share in the surplus realized in the other account.

                  24.2 The surplus in the Participants’ Accounts must be determined with the knowledge and approval of the Company's actuary.

                  24.3 The Company may retain a portion of the surplus to form a contingency provision to counter future contingent circumstances, in addition to the technical provisions stated for in the Law as well as the instructions issued thereunder.

                  24.4 The Company must not distribute profits to the shareholders from any surplus realized by the Participants’ Accounts, except for the consideration collected by the Company for managing such accounts as prescribed under the Participation Membership Policy or as an incentive in accordance with the Central Bank’s instructions in this regard.

              • Article (25)

                • Participation in the General Assembly Meetings

                  25.1 After obtaining the approval of the competent authorities in the UAE, the Company must develop by-laws defining the eligible Participants who have the right to attend the Company's general assembly meetings of the Company. This must include setting the criteria to be met by the Participant to have the right to attend such meetings, either in terms of the size of his/her Contribution, the period of dealing with the Company, or other criteria. Such by-laws must be submitted to the Central Bank for approval.

                  25.2 The Participants mentioned in Article (25.1) must be invited to attend the said meetings via the approved method in this regard, and they should be provided with all documents presented to the general assembly.

                  25.3 The aforesaid Participants must have the right to attend and discuss matters arising. without having voting rights in the meetings.

              • Article (26)

                • The Actuarial Report on Reviewing the Takaful Insurance Accounts

                  A Participant in the Takaful Insurance Accounts must have the right to receive a copy of the Actuary’s report on reviewing the Takaful Insurance Accounts, and the Company must meet his/her request within ten business days.

            • General Provisions

              • Article (27)

                • The Goodwill Loan (Qard Hasan)

                  27.1 In case the Participants Account’s assets are insufficient to meet the account’s liabilities, the Company must provide a Qard Hasan to the Participants’ Account. This commitment in providing a Qard Hasan is not a contractual commitment towards the Participants’ Account but its purpose is to comply with this Regulation. The ISSC must ensure this commitment is not taken into account when determining the Wakala fee.

                  27.2 The obligation to provide the Qard Hasan must be comprehensive subject to a maximum equal to the total of the Company’s shareholders equity.

                  27.3 The Company has the right to recover this Qard Hasan from the realized surplus(s) in subsequent periods whether in one payment or several installments as decided by the Company's general assembly, and after obtaining the approval of the ISSC.

                  27.4 In case the Company does not provide a Qard Hasan to meet a loss realized in the Participants’ Account(s), the Company must notify the Central Bank and carry out the necessary action within fifteen days from the date of notification. If the Company fails to do so, the Central Bank may take such actions deemed necessary, including the suspension of the Company from carrying out business for a period it deems appropriate.

              • Article (28)

                • Takaful Reinsurance

                  28.1 The Company must ensure that its outbound or inbound Takaful reinsurance business (“Retakaful”) must be compatible with the Takaful Insurance basic principles and in pursuance to the directives and decisions of the ISSC.

                  28.2 The Company may only cede the outbound reinsurance business to Retakaful or Takaful Insurance Companies. In case such Companies do not have the adequate capacity, or due to the requirements of distributing the liabilities and risks to a proper number of Companies, the Company has the right to deal with reinsurance Companies, as per the standards approved by the HSA and issued by the Central Bank under this Regulation.

                  28.3 The Company may share the risks liability with Takaful Insurance Companies or insurance Companies as needed inside and outside the UAE.

              • Article (29)

                • Zakat Fund

                  29.1 The Company must establish a Zakat fund to deposit the Zakat due on the Company's transactions as permissible under its articles of association.

                  29.2 The Zakat fund must have an independent account from the other Company's accounts, whether those related to the shareholders or Participants. The ISSC must approve the method of managing the account.

                  29.3 Disbursement from Zakat fund account must be made under a decision of the Company's board of directors, and in accordance with the Islamic Shari’ah Provisions as approved by the ISSC.

                  29.4 The Company’s board of directors must develop by-laws to regulate the operation and management of Zakat fund, provided that members appointed to manage it must not receive any remuneration for their work in managing or supervising the fund.

                  29.5 In all cases, the Company must calculate the Zakat due on the shareholders and must disclose it, after the approval of the ISSC, within the annual financial statements.

              • Article (30)

                • Breaching the Islamic Shari’ah Provisions

                  In case it has been proven that the Company has carried out business not compliant with the Islamic Shari’ah Provisions, the Company must be required to rectify its status in line with the Islamic Shari’ah Provisions within thirty days from the date of notification. If the Company fails to do so, the appropriate legal actions may be taken, including the suspension of the Company from carrying out business. Anyone proven to have been involved in an intentional Shari’ah breach shall be held accountable.

              • Article (31)

                • Transfer of the Company Control

                  The Company must obtain prior approval from the Central Bank regarding changes in the control over the Company. The control over the Company means having the capability whether directly or indirectly, to control the Company's decisions and its financial and Takaful policies.

              • Article (32)

                • Transfer of the Takaful Insurance Portfolio

                  32.1 The provisions of the Law, in particular the provisions of Articles (71) and (72) thereof, shall apply to the procedures and method of transferring the Takaful Insurance portfolio.

                  32.2 The Takaful Insurance portfolio may be transferred only to another Takaful Insurance Company that practices the same type and classes of the Takaful Insurance as practiced by the Company.

            • Final Provisions

              • Article (34)

                • Enforcement and Sanctions

                  34.1 Violation of any provision of this Regulation may be subject to supervisory action and sanctions as deemed appropriate by the Central Bank.

                  34.2 Without prejudice to the provisions of the Law, supervisory action and sanctions by the Central Bank may include withdrawing, replacing or restricting the powers of Senior Management or members of the Board, providing for the interim management of the Company, or barring individuals from the UAE insurance sector.

              • Article (35)

                • Interpretation of Regulation

                  The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of this Regulation.

              • Article (36)

                • Publication and Application

                  This Regulation shall be published in the Official Gazette in Arabic, and shall come into effect one month from the date of publication.

                  1. A Company must comply fully with the provisions of this Regulation within the effective date.
                  2. If the Company was not able to demonstrate full compliance within the effective date, then the Company must submit a plan within the effective date, to the Central Bank containing the steps that the Company will take in order to demonstrate full compliance. The Central Bank will decide on the adequacy of the proposed plan.
          • Standard re Shari’ah Governance for Takaful Insurance Companies

            • Article (1) Introduction

              1.1The Central Bank seeks to promote development of the Takaful Insurance activities to ensure its effectiveness and efficiency. To achieve this, Takaful Insurance Companies must have in place comprehensive and effective governance frameworks to enhance the compliance with Islamic Shari’ah Provisions to ensure their resilience, and promote general financial stability.
               
              1.2This Standard Re Shari’ah Governance For Takaful Insurance Companies (“the Standard”) is issued pursuant to the powers vested in the Central Bank under the provisions of the Federal Law No. (6) of 2007 on Organization of Insurance Operations and its amendments, and the Decretal Federal Law No. (14) of 2018 Regarding the Central Bank & Organization of Financial Institutions and Activities and its amendments.
               
               This Standard complements the requirements outlined in the Regulation Regarding Takaful Insurance and the Corporate Governance Regulation for Insurance Companies.
               
              1.3Where this Standard includes a requirement to provide information, to take certain measures, or to address certain items listed as a minimum, the Central Bank may impose requirements, which are additional to the requirements provided in the relevant article.
               
            • Article (2) Objective

              2.1The objective of this Standard is to set the minimum requirements for the Companies (“the Company”) to ensure their compliance with Islamic Shari’ah Provisions in all their objectives, activities, operations, and code of conduct.
               
              2.2This Standard elaborates on the supervisory expectations of the Central Bank with respect to Shari’ah Governance for Takaful Insurance Companies.
               
            • Article (3) Scope of Application

              3.1This Standard applies to all incorporated Takaful Insurance Companies. The Companies established in the UAE with Group relationships, including Subsidiaries, Affiliates, or international branches, must ensure that the Standard is adhered to on a solo and Group-wide basis.
               
              3.2This Standard must be read in conjunction with the standards and resolutions issued by the Central Bank and the Higher Shari’ah Authority (“HSA”) and notified to Takaful Insurance Companies.
               
            • Article (4) Definitions

              For the purposes of this Standard, the following words and phrases shall have the meanings stated below.
               
              a.Senior Management: The individuals or body responsible for managing the Company on a day-to-day basis in accordance with strategies, policies and procedures set out by the Board, generally including, but not limited to, the chief executive officer, chief financial officer, chief risk officer, and heads of functions of compliance, Internal Shari’ah Control, internal audit and Internal Shari’ah Audit.
               
              b.Independence: Ensuring that the ISSC is not subject to any form of undue influence when issuing resolutions and Fatwas in accordance with the Shari’ah parameters, and ensuring that the Internal Shari’ah Control Division and Internal Shari’ah Audit Division are also not subject to any form of undue influence. This should be carried out to strengthen the confidence of Participants, shareholders and stakeholders in the Company’s compliance with Islamic Shari’ah Provisions.
               
              c.External Shari’ah Audit: An annual assessment conducted by external body to inspect and assess the Company’s compliance with Islamic Shari’ah Provisions and the level of adequacy and effectiveness of its Shari’ah governance systems.
               
              d.Internal Shari’ah Audit: The regular process to inspect and assess the Company’s compliance with Islamic Shari’ah Provisions and the level of adequacy and effectiveness of Company’s Shari’ah governance systems.
               
              e.Islamic Shari’ah Provisions:
               
              a.The resolutions, Fatwas, regulations and standards issued or approved by the Higher Shari’ah Authority in relation to businesses and activities of the Company ("HSA’s Resolutions"),
               
              b.The resolutions and Fatwas issued or approved by the Internal Shari’ah Supervision Committee of the respective Company, in relation to businesses and activities of such Company ("ISSC’s Resolutions"), provided that they do not contradict HSA’s Resolutions.
               
              f.Contribution: The consideration which the Participant undertakes to pay on basis of the donation (Tabarru’) commitment for his/her subscription in Participants’ Account with the Company in order to compensate the damages or pay the benefits to the eligible beneficiary.
               
              g.Takaful Insurance: A collective contractual arrangement aiming at achieving mutuality and cooperation among a group of Participants against certain risks, whereby each Participant pays certain Contribution to form an account called the Participants’ Account.
               
               This account is used for paying the entitled compensations and/or benefits when risk is realized, in accordance with the terms and conditions. The Company manages this account and invests its funds.
               
               All transactions of the Company shall be in accordance with the Islamic Shari’ah Provisions.
               
              h.Participants’ Account: An account created by the Company to deposit the Contribution amounts, the returns from its investment, and the revenues from the Takaful Reinsurance (Retakaful). The personal capacity implications should be attributed to this account and it should have financial independency from the Company. This account shall be responsible for compensating Participants, beneficiaries and affected third parties, in accordance with the terms of the Takaful Insurance Policies. The Wakala fees and the amounts of compensation and/or benefits are paid to the Participants from this account, in addition to the relevant allocations or reserves, as determined by the Central Bank. The Company must manage the account on behalf of the Participants by Wakala and it must represent it in all matters related thereto.
               
               This account is termed as (Risk Coverage Account) in family Takaful insurance.
               
              i.Takaful Insurance Accounts: All accounts existing at the Company, including Participants’ Accounts and/or Participants’ Accounts for family Takaful insurance, and shareholders’ accounts, noting that the Takaful Insurance is exclusively of the Participants’ Accounts.
               
              j.Subsidiary: An entity (the 'first entity') is a subsidiary of another entity (the 'second entity') if the second entity:
               
              a.holds a majority of the voting rights in the first entity;
               
              b.is a shareholder of the first entity and has the right to appoint or remove a majority of the Board or managers of the first entity;
               
              c.is a shareholder of the first entity and controls alone, pursuant to an agreement with other shareholders, a majority of the voting rights in the first entity; or
               
              d.if the first entity is a subsidiary of another entity which is itself a subsidiary of the second entity.
               
              k.Affiliate: An entity that, directly or indirectly, controls, is controlled by, or is under common control with another entity. The term control as used herein shall mean the holding, directly or indirectly, of voting rights in another entity, or of the power to direct or cause the direction of the management of another entity.
               
              l.Fatwas: Juristic opinions on any matter pertaining to Shari’ah issues in Takaful Insurance, issued by HSA or ISSC.
               
              m.Internal Shari’ah Control Division (or Section): A technical division (or section) in the Takaful Insurance Company that supports the ISSC in its mandate.
               
              n.Internal Shari’ah Supervision Committee: A body appointed by a Company, comprised of scholars specialized in Islamic financial transactions, which independently supervises transactions, activities, and products of the Company and ensure its compliance with Islamic Shari’ah Provisions in all its objectives, activities, operations, and code of conduct.
               
              o.Board: Takaful Insurance Company’s board of directors.
               
              p.Group: A group of entities which includes an entity (the ‘first entity’) and:
               
              a.any Parent of the first entity;
               
              b.any Subsidiary of the first entity or of any Parent of the first entity;
               
              c.any Affiliate.
               
              q.Participant: An individual that holds a Participation Membership Policy and a Takaful Insurance Policy, who undertakes to regularly pay the Contribution, and who, or his/her legal heirs or assignees, where assignment is allowable, shall have the right to receive compensations or benefits provided by the Participants’ Account.
               
              r.Shari’ah Non-Compliance Risks: Probability of financial loss or reputational risk that Takaful Insurance Company might incur for not complying with Islamic Shari’ah Provisions.
               
              s.Confidential Information: Information that is publicly unavailable and which may only be disclosed where permitted.
               
              t.Regulation: Regulation regarding Takaful Insurance issued in 2022.
               
              u.Company/Companies: The Takaful Insurance Company, which is incorporated and practices its business in accordance with the provisions of the Law, the Executive Regulation and the Regulation regarding Takaful Insurance, and whose all businesses and activities are in accordance with the Islamic Shari’ah Provisions.
               
              v.Higher Shari’ah Authority: An authority that exercises the mandates and authorities stipulated in Regulation regarding Takaful Insurance and the notices issued by the Central Bank.
               
            • Article (5) General Requirements

              5.1The Company must comply with Islamic Shari’ah Provisions in all of its objectives, activities, operations and code of conduct at all times.
               
              5.2The Company must have in place governance controls and mechanisms in accordance to its size and complexity of its operations to ensure compliance with Islamic Shari’ah Provisions in all of its objectives, activities, operations and code of conduct.
               
              5.3Branches of foreign licensed Takaful Insurance Companies that conduct businesses and activities in accordance with the Islamic Shari’ah Provisions must adhere to this Standard or establish equivalent arrangements to ensure regulatory comparability and consistency. The equivalent arrangements, if applicable, shall include the matters related to general assembly, the Board and its committees without contradicting the prevailing laws in the UAE. The equivalent arrangements shall be submitted to the Central Bank for approval.
               
              5.4The Shari’ah governance of a Company must include the following as minimum requirements:
               
              a.Stating the responsibility of the Board in regards to the Company’s compliance with Islamic Shari’ah Provisions, the complete supervision on the Company, and establishing an adequate Shari’ah governance framework.
               
              b.Identification of the Senior Management responsibilities related to the Company’s compliance with Islamic Shari’ah Provisions and providing adequate resources for implementation of Shari’ah governance requirements to ensure that the Company’s businesses are carried out in compliance with Islamic Shari’ah Provisions.
               
              c.Appointment of a qualified Internal Shari’ah Supervision Committee (“ISSC”) in accordance with the fit and proper requirements set out in this Standard.
               
              d.Establishment of Internal Shari’ah Control Division.
               
              e.Establishment of Internal Shari’ah Audit Division1.
               
              f.Publication of the ISSC’s Resolutions regarding the Company’s products, services, fees, and other basic mechanisms governing its operations.
               
              5.5This Standard must be implemented through a set of policies and procedures that outline the structure, roles, responsibilities, accountability, scope and duties of different functions, and reporting lines and communication channels between different functions with regard to the Company’s compliance with Islamic Shari’ah Provisions.
               
              5.6The Company must spread awareness regarding Takaful Insurance and boost the culture of compliance with Islamic Shari’ah Provisions within the Company, including conducting workshops for the members of the Board and Senior Management on Takaful Insurance and compliance with Islamic Shari’ah Provisions.
               

              1 The requirements stated in (d) and (e) are not related to the number of employees within the concerned division, as the division can be managed by one person. The number of employees required is subject to the size and nature of the business of each Company. The number of employees is determined, after consultation with the ISSC, to carry out their responsibilities.

            • Article (6) Responsibilities of the Board

              6.1The Board of a Company is ultimately responsible for the Company’s compliance with Islamic Shari’ah Provisions. The Board is expected to be aware of Shari’ah Non-Compliance Risks and its potential impact on the Company. Accordingly, the Board is responsible for establishing and implementing a Shari’ah governance framework that is commensurate with the size and complexity of the Company’s operations and its risk appetite, to ensure its compliance with Islamic Shari’ah Provisions.
               
               The Shari’ah governance framework shall incorporate the three lines of defense approach comprising the business line, Internal Shari’ah Control function, and Internal Shari’ah Audit function.
               
              6.2The Board must nominate ISSC members to the general assembly which has the authority to establish the ISSC and to appoint its members.
               
              6.3The Board must, in coordination with the ISSC, ensure the development, approval and implementation of internal policies related to the Company compliance with Islamic Shari’ah Provisions.
               
              6.4The Board must maintain an effective communication with the ISSC, and conducting meetings to discuss issues pertaining compliance with the Islamic Shari’ah Provisions, with at least one meeting per financial year.
               
              6.5The Board must refer to the ISSC for all Shari’ah matters related to the Company’s activities, operations and code of conduct.
               
              6.6The Board must ensure that the annual Shari’ah report issued by the ISSC is submitted to the HSA for review and approval before presenting it to shareholders at the general assembly.
               
              Board’s Risk Committee
               
              6.7The Board’s Risk Committee (“Risk Committee”) must
               
              a.supervise and monitor management of Shari’ah Non-Compliance Risks, and set controls in relation to this type of risk, in consultation with ISSC and through the Internal Shari’ah Control Division.
               
              b.approve the establishment of framework for management of Shari’ah Non-Compliance Risks as part of the overall risk management system of the Company, and must review it and oversee its implementation by the Senior Management.
               
              c.ensure there is an information system that enables the Company to measure, assess and report Shari’ah Non-Compliance Risks. It must also ensure that reports are submitted on a timely manner to the Board and Senior Management, in suitable formats for their use and understanding.
               
              Board’s Audit Committee
               
              6.8The Board’s Audit Committee (“Audit Committee”) must:
               
              a.evaluate the effectiveness of the Company’s internal policies that were approved by the ISSC and designed to monitor compliance of the Company with Islamic Shari’ah Provisions.
               
              b.assess the effectiveness and adequacy of Internal Shari’ah Audit and its contribution in ensuring Company’s compliance with Islamic Shari’ah Provisions. The Audit Committee’s responsibility includes the following:
               
              -Assess the independence, effectiveness and adequacy of Internal Shari’ah Audit scope and programs.
               
              -Review the reports prepared by the Internal Shari’ah Audit Division to ensure that all necessary measures have been undertaken.
               
              -Facilitate the work of the Internal Shari’ah Audit Division.
               
              -Hold regular meetings with the head of the Internal Shari’ah Audit Division with a minimum of two meetings in a financial year.
               
              c.review the scope, results, and adequacy of the External Shari’ah Audit review (if applicable). In addition, the Audit Committee’s responsibility includes the following:
               
              -Facilitate the work of the External Shari’ah Auditor.
               
              -Review the reports prepared by External Shari’ah Auditor to ensure that the Senior Management have taken all necessary measures in this regard.
               
              -Hold meetings with the External Shari’ah Auditor with a minimum of once in the financial year.
               
              6.9It is recommended that the Audit Committee invites a member of the ISSC to attend the meetings when discussing the Internal Shari’ah Audit report to ensure compliance of the Company with the resolution of the ISSC concerning the content of the report. The Audit Committee and the member of ISSC cannot change the ISSC’s resolution in this regard.
               
            • Article (7) Responsibilities of the Senior Management

              7.1The Senior Management must execute and manage the Company’s businesses and activities in compliance with Islamic Shari’ah Provisions.
               
              7.2The Senior Management is responsible before the Board for:
               
              a.submitting Shari’ah matters related to all Company’s businesses and activities, including its policies, internal regulations, code of conduct, services and products to the ISSC, and should not consider approval of any of the Group’s Shari’ah supervision committees (or equivalent committees) outside the UAE as substitution to approval of the ISSC, and
               
              b.ensuring implementation of the ISSC’s Resolutions.
               
              7.3The Senior Management must fully disclose all relevant information required by the ISSC in a transparent, accurate and timely manner.
               
              7.4The Senior Management shall provide the ISSC with financial and human resources that are commensurate with the Company size and the nature of its business.
               
              7.5The Senior Management must:
               
              a.facilitate work of the Internal Shari’ah Control Division, Internal Shari’ah Audit Division and External Shari’ah Audit (if applicable),
               
              b.ascertain that the Shari’ah auditors are not obstructed in their work,
               
              c.enable Shari’ah auditors to access information or staff, from all different levels.
               
              7.6The Senior Management is responsible to establish sufficient knowledge regarding the compliance with Islamic Shari’ah Provisions in the Company.
               
              7.7The Senior Management must report to the Board regarding Company’s compliance with Islamic Shari’ah Provisions in all of its businesses, activities, policies, internal regulations, and code of conduct.
               
            • Article (8) Internal Shari’ah Supervision Committee

              Membership, Appointment and Composition
               
              8.1The Board shall nominate the members of the ISSC, and send the member’s appointment request to the HSA for approval prior to presenting its nomination to the general assembly.
               
              8.2The Company’s general assembly has the authority to appoint the ISSC members based on the Board’s nomination and after the HSA and the Central Bank’s approval.
               
              8.3The composition of ISSC members in a Company must not be less than (3) three members that meet the fit and proper criteria (as prescribed in this Standard).
               
              8.4Emirati members in the ISSC must not be less than one third.
               
              8.5The membership of each member in the ISSC is subject to the following:
               
              a.must not exceed three ISSC memberships in Takaful Insurance Companies inside the UAE,
               
              b.must not exceed a total of fifteen (15) ISSC (or equivalent committees) memberships in Islamic financial institutions and Takaful Insurance Companies inside and outside the UAE,
               
              c.only one member of the Company’s ISSC may have more memberships than what is stated in Article (8.5/b).
               
              8.6The HSA may exempt UAE nationals from the Article (8.5) if appropriate.
               
              8.7If a position of ISSC member becomes vacant, at any time, and that causes lack of quorum (more than the half), the Board must nominate a substitute member and seek approval as per the process in Article (8.2).
               
               However, if a position of ISSC member becomes vacant, at any time, and this leads to non-compliance with the Article (8.3) of this Standard, but it does not breach the quorum, the Board may appoint a member after obtaining approvals of the HSA and the Central Bank on the appointment. It is not required in this case to hold the general assembly for the appointment provided that the appointment is tabled to the general assembly for final approval in its next meeting.
               
              8.8The term of office for ISSC members shall be specified in the Company’s engagement letter with a minimum of three years, and may be renewed for a similar period based on the Board’s recommendation and after obtaining approvals of the HSA and the Central Bank, and presenting the same to the general assembly.
               
               The engagement letter must also specify the responsibilities of the ISSC members and their remuneration. The remuneration must not be linked to the performance of the ISSC members. Alongside the engagement letter, the Company must attach the ISSC charter.
               
              8.9The appointment of an ISSC member is valid for the said period, stated in Article (8.8), without the need to approach the HSA and general assembly for approvals every year. The approvals are required only in the following cases:
               
              a.First time appointment of the ISSC member/s; and
               
              b.Renewal of the appointment of the ISSC member/s for a similar period (three years).
               
              8.10The ISSC member must not serve the same Company as ISSC member for more than twelve years consecutively from the date of issuance of this Standard. The calculation of term period shall be restarted if membership is suspended for three years.
               
              Fit and Proper
               
              8.11Member of the ISSC must:
               
              a.be a Muslim individual (not a company);
               
              b.hold a bachelor degree (as a minimum) in Islamic Shari’ah, particularly in jurisprudence of financial transactions, from a university that is acknowledged in Shari’ah studies, or have a minimum of 10 years’ experience in Fatwas issuance related to jurisprudence of financial transactions;
               
              c.have proven competence and expertise, especially in jurisprudence of financial transactions;
               
              d.have a strong comprehension of insurance in general and Takaful Insurance in particular, and should have worked in the spectrum of Islamic finance and/or Shari’ah supervision for a minimum of ten (10) years whether in direct employment or advisory level, or at least fifteen (15) years of post-graduation experience in teaching and scientific research related to jurisprudence of financial transactions and Takaful Insurance;
               
              e.have good knowledge of the legal and supervisory framework related to financial and insurance activities in the UAE;
               
              f.be excellent in Arabic, and preferably to have good knowledge of English; and
               
              g.have good conduct and behavior, particularly with regard to credibility, integrity, and reputation in professional and financial transactions.
               
              8.12HSA may exempt UAE candidates from some of the clauses stated in Article (8.11) that would not impair their competence in performing their duties, provided that the candidate commits to the development and training required by the HSA.
               
              Termination or Resignation of ISSC Member
               
              8.13Termination or resignation of ISSC members requires a no-objection from the HSA and the Central Bank, before being presented to the general assembly for approval.
               
              8.14The request must clarify the reasons for termination or resignation of the ISSC member.
               
              Responsibilities of ISSC
               
              8.15The ISSC undertakes Shari’ah supervision of all businesses, activities, products, services, investments, contracts, documents, and code of conducts of the Company.
               
               The ISSC issues resolutions and Shari’ah Fatwas that are binding upon the Company. The members of the ISSC are accountable for the resolutions and Fatwas they issue to the Company, and their compliance with the standards and resolutions issued by the HSA.
               
              8.16The ISSC must monitor, through the Internal Shari’ah Control Division and Internal Shari’ah Audit Division, the Company’s compliance with Islamic Shari’ah Provisions.
               
              8.17The ISSC must hold at least four meetings per year, and at least one meeting per year with the Company's Board, in accordance to the format charter approved by the HSA.
               
              8.18The ISSC shall decide on Shari’ah matters that relate to all businesses and activities of the Company, including its policies, internal regulations and code of conduct, and this includes carrying out the following responsibilities:
               
              a.Reviewing the Takaful Insurance operating model, underlying contracts and supporting materials (e.g. underwriting and claims settlement manual/guidelines etc.).
               
              b.Reviewing and approving the policy and procedures that govern Takaful Insurance Accounts (e.g. segregation of accounts and transparent financial resources flow between the accounts etc.), surplus distribution, and deficit coverage
               
              c.Reviewing and approving the Company’s products, services and marketing materials.
               
              d.Reviewing and approving the investment policy and the Shari’ah screening criteria to ensure the compliance of the investment activities in both shareholders’ accounts and Participants’ Accounts, with the Islamic Shari’ah Provisions.
               
              e.Reviewing and approving the Retakaful agreements concluded by the Company to ensure their compliance with the Islamic Shari’ah Provisions.
               
              f.Setting controls for ceding to conventional reinsurance on an exceptional basis, and the permission to add the revenues from the conventional Reinsurance to the Participants’ Account.
               
              g.Setting controls for co-insurance with the conventional insurance companies.
               
              h.Reviewing the Zakat calculation and specifying the amount of Zakat due on each share of the Company.
               
              i.Reviewing the charity account before granting the approval for disposal.
               
              j.Reviewing the financial statements of the Company to ensure compliance with Islamic Shari’ah provisions.
               
              k.Preparing an annual Shari’ah report.
               
              l.Continuous monitoring the Company's business and activities, through Internal Shari’ah Control Division and Internal Shari’ah Audit Division, in terms of its compliance with the Islamic Shari’ah Provisions.
               
              8.19In fulfilling its responsibilities, the ISSC may engage the experts and consultants with appropriate expertise in the relevant fields (e.g. insurance, law, accountancy and investment management) as required. The said experts and consultants may attend and contribute to ISSC meetings without voting on the Fatwa or resolution.
               
              8.20In case a Shari’ah non-compliance issue is identified, the ISSC must review and approve:
               
              a.remedial measures, if such remediation is feasible.
               
              b.the treatment required by Shari’ah for the outcome of the Shari’ah non-compliance issue if the remediation is not feasible.
               
              c.preventive measures to avoid reoccurrence of such issues.
               
               Reporting the above to the Company’s Board or its relevant committee. If the Company fails to address the proposed remedial action, the ISSC must report it to the HSA or the Central Bank.
               
              8.21The ISSC must review and approve all business operations, products, services investments, and financial securities that the Company executes, issues, manages, promotes, or offers to its customers (Participants and potential Participants) in order to ensure the compliance with the Islamic Shari’ah provisions. The approvals from other ISSCs, within or outside the UAE, in relation to the above, should not be used as a substitute to the ISSC approval.
               
              Annual Shari’ah Report
               
              8.22The ISSC must issue an annual Shari’ah report stating the extent of Company’s compliance with Islamic Shari’ah Provisions. It should be published within the financial statement in the Company’s disclosures and other means possible, in accordance with this Standard and requirements issued by HSA.
               
              8.23The annual Shari’ah report of the ISSC must contain the main components specified by the HSA.
               
              8.24The annual Shari’ah report must be submitted to the HSA for review and approval prior to presenting the same at the general assembly.
               
              Performance Assessment of ISSC
               
              8.25The Company in coordination with the Chairperson of the ISSC shall develop an assessment for ISSC based on the following aspects:
               
              a.Shari’ah and scholarly aspects in terms of the member’s participation in decision making, discussions, and review of contracts, documents and reports submitted to the ISSC. This represents 70% of the assessment.
               
              b.Organizational aspect in terms of members’ attendance of meetings and adherence to meeting schedule (dates and times), and other procedures prescribed by the ISSC charter, in line with this Standard. This represents 30% of the assessment.
               
               The Company should inform each ISSC member upon appointment and at the beginning of each financial year about the assessment criteria.
               
              8.26At the end of the financial year, the Chairperson of the ISSC shall provide the HSA with a report on performance assessment taking into consideration the instructions issued by the Central Bank that relates to development and training of individuals who work in Shari’ah Supervision in Islamic financial institutions.
               
              8.27Based on the performance assessment, the Company may encourage the ISSC members to attend/participate to any relevant program/training that relates to global development in Takaful Insurance and Insurance.
               
              ISSC Charter
               
              8.28The Company must adopt a charter for the ISSC that defines details of decision making process and their implementation, and sets adequate methods to fulfill ISSC’s responsibilities without prejudice to the requirements of this Standard, and in accordance to the template approved by the HSA.
               
              ISSC Independence
               
              8.29ISSC members must be independent in conducting their responsibilities. The following controls and guidelines, as a minimum, must be observed to ensure the independence of ISSC members:
               
              a.A member of the ISSC must not have a first-degree relative as member of a Company’s Board or Senior Management in the Company.
               
              b.A member of the ISSC must not be an owner/shareholder of/in a company that provides consultancy or Shari’ah services to the Company where he/she acts as member of ISSC.
               
              c.A member of the ISSC must not be employees of the Company or any of its Affiliates when serving as member of the ISSC and should not provide services to the Company outside the scope of the ISSC’s assigned functions.
               
              d.A member of the ISSC shall not accept any allowance from the Company or its Affiliates other than the allowance he/she receives for being member of the ISSC, the allowance for attending ISSC meetings, and other matters related thereto. If a service or product is offered to a member of the ISSC, such member shall be treated as ordinary customers and shall not receive any preferential treatment.
               
              e.A member of the ISSC or his/her first or second-degree relatives, shall not own a share equal to/or more than 5% of the Company.
               
              f.A member of the ISSC must not hold controlling interests in companies’ shares and/or other investments in which the Takaful Insurance Accounts’ funds are invested in.
               
              g.The entitlement to ISSC allowances shall not be conditional on achieving certain results, or linking it to the results of the services provided by the ISSC (conditional remuneration).
               
              8.30In case of conflict of interest, including non-compliance with Article (8.29), a member of the ISSC must do the following to resolve the said case:
               
              a.disclose any conflict of interest cases, to the ISSC, related to his/her family members or business partners or companies he/she has interest in;
               
              b.where there is a temporary conflict of interest, abstain from participating in the relevant discussion, decision or action; or
               
              c.if the issue remains unresolved, the ISSC member with the issue of independence impairment must notify and report to the Company’s Senior Management in writing to take the necessary actions.
               
              8.31The Company must immediately notify the Central Bank if it becomes aware of any material information that may negatively affect the independence of any ISSC member.
               
              Accessibility
               
              8.32The ISSC members have the right to access at any time all the records, contracts and documents of the Company, and it may request the clarifications it deems necessary to perform its responsibilities, and the Company’s Senior Management must provide such clarifications and information.
               
              8.33In the event that the Company fails to enable the ISSC to perform its responsibilities, the ISSC must state the same in a report and submit it to the Company’s Board or the Board’s audit committee. If the ISSC’s request has not been addressed, the ISSC must inform the Central Bank and the HSA.
               
              Confidentiality
               
              8.34A member of the ISSC must not disclose Confidential Information of the Company unless such disclosure is required by the Central Bank or by law.
               
              Consistency
               
              8.35The ISSC members should strive to achieve unanimity in relation to the resolutions and Fatwas. The ISSC shall not resort to majority vote unless members are unable to reach unanimity within a reasonable period.
               
              8.36In cases where disagreement arises over a Shari`ah opinion, between members of the ISSC, or disagreement between the ISSC and the Board, over the compliance or noncompliance of a particular matter with the provisions of Islamic Shari`ah, the disagreement shall be referred to the HSA, whose opinion on the matter shall be final.
               
            • Article (9) Internal Shari’ah Controls

              9.1The Company must establish effective internal Shari’ah controls comprising three lines of defense approach that are independent from each other, which includes:
               
              a.the first line of defense, represented by the business line, which shall set clear policies, procedures, and controls, approved by the ISSC, for executing the business activities in a manner compliant with Islamic Shari’ah Provisions at all times.
               
              b.the second line of defense, represented by the Internal Shari’ah Control Division, which undertakes the functions prescribed in Article (10) , and it shall not be organizationally part of any business division or reporting to it.
               
              c.the third line of defense represented by Internal Shari’ah Audit Division, which undertakes Shari’ah audit and monitors compliance prescribed in Article (11), and it shall not be organizationally part of any business division or reporting to it.
               
              9.2The Company must provide sufficient financial and human resources that suit the size and nature of Company’s activities so that Internal Shari’ah Control Division and Internal Shari’ah Audit Division can carry out their work effectively and efficiently, in consultation with the ISSC.
               
              9.3The Internal Shari’ah Control Division and Internal Shari’ah Audit Division perform two different tasks, and must be separate from each other in terms of reporting and human resources, in accordance with the three lines of defense approach.
               
            • Article (10) Internal Shari’ah Control Division

              10.1.Each Company shall have in place an Internal Shari’ah Control Division in its Shari’ah governance framework. This division ascertains Shari’ah compliance and supports the ISSC in its duties. It is comprised a number of employees that is commensurate with the size and the nature of the Company’s operations. The ISSC shall supervise the work of this division from the technical perspective.
               
              10.2.The Company must have specified work procedures related to the Internal Shari’ah Control Division and it must carry out its duties in line with the said procedures.
               
              Fit and Proper
               
              10.3.The Company must appoint a head for the Internal Shari’ah Control Division, after obtaining the Central Bank’s approval, who shall report to the Board. The head of this division must:
               
              a.be a Muslim;
               
              b.have a university degree in Islamic Shari’ah, or relevant specializations;
               
              c.have a professional certificate in Shari’ah supervision and/or Takaful Insurance from one of the organizations that supports Islamic finance like the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), the General Council for Islamic Banks And Financial Institutions (CIBAFI), or other recognized institutions that issue similar certifications. It is also preferable to have a professional certificate in insurance issued by a local or an international organization;
               
              d.have an experience of ten (10) years, as a minimum, in the field of Shari’ah supervision in Islamic financial institutions, including at least five (5) years Shari’ah supervision in Takaful Insurance;
               
              e.practice his/her duties on full-time basis, and it is not permissible to combine between the job of a head of the Internal Shari’ah Control Division and any other job in the Company;
               
              f.have good conduct and behavior, where he/she must not have been sentenced by a court in crimes related to honor or honesty, or was convicted of offences and sentenced to imprisonment;
               
              g.have excellent command of English and reasonable command of Arabic.
               
              The Internal Shari’ah Control Functions
               
              10.4.The Internal Shari’ah Control Division shall undertake the following functions:
               
              Firstly: ISSC Secretariat Function
               
               This function undertakes the following:
               
              a.preparing, and organizing the meetings of the ISSC,
               
              b.preparing and drafting the minutes of the meetings,
               
              c.communicating the resolutions to the relevant functions of the Internal Shari’ah Control Division and Internal Shari’ah Audit Division in addition to other divisions in the Company,
               
              d.following up with resolution implementation as per the follow-up list required by the ISSC,
               
              e.filing resolutions and Fatwas, and
               
              f.Following up administrative matters related to the ISSC.
               
              Secondly: Shari’ah Consultations Function
               
               This function provides consultation based on the ISSC’s Resolutions in regards to:
               
              a.contracts, documents and other aspects related to the Company’s products and services, including products manual, policies, internal procedures,
               
              b.Company’s Shari’ah related inquiries and issues,
               
              c.marketing/advertising materials and publications,
               
              d.customers complaints (related to the compliance with Islamic Shari’ah Provisions), and
               
              e.other Shari’ah issues faced by the Company especially the ones related to Takaful Insurance operating model and products.
               
              Thirdly: Shari’ah Research & Development Function
               
               This function undertakes the following:
               
              a.conducting research for related Shari’ah and procedural issues requested by the ISSC,
               
              b.contributing, with other relevant divisions in the Company, to the development of products and formulation policies, procedures, and contracts, and
               
              c.other areas of development in the Company.
               
              Fourthly: Shari’ah Compliance Function
               
               This function does not report to any other compliance function in the Company. It concerns with Shari’ah compliance and it is responsible to conduct the following:
               
              a.performing regular Shari’ah monitoring and assessment on the Company’s businesses and activities to ensure Shari’ah compliance with resolutions, regulations, standards, which are issued by the Central Bank and the HSA,
               
              b.ensure the first line of defense conducts the tasks in accordance with the approved procedures from the relevant entities, in particular the ISSC (e.g. segregation between the Participants' Accounts and the Shareholders’ accounts, the existence of a documented and approved mechanism for the distribution of surplus to the participants, deficit in Participants' Account is covered via Shari’ah compliant mechanisms), and
               
              c.ensure the Company establishes a Zakat Fund.
               
               The Shari’ah compliance function must not be outsourced to external entities.
               
              Fifthly: Shari’ah Training Function
               
               This function is responsible for the following:
               
              a.conducting training for Company’s staff on those aspects of their duties related to Company’s compliance with Islamic Shari’ah Provisions,
               
              b.qualifying employees with the information and skills that they need based on the nature of work of each employee, to ascertain that the Company complies with Islamic Shari’ah Provisions at all times, and
               
              c.assisting the Senior Management in implementing a continuous professional Shari’ah-related training and development program.
               
              10.5.The Internal Shari’ah Control Division must not issue resolutions or Fatwas. Instead, the Internal Shari’ah Control Division must refer back to the ISSC in all matters that it considers and all tasks it carries out, unless there were resolutions or Fatwas issued for the matters before.
               
              10.6.Internal Shari’ah Control Division staff shall not undertake any executive powers or responsibilities related to the businesses and activities that may be monitored by themselves.
               
              Reporting Lines
               
              10.7.The Shari’ah compliance report must be submitted to the ISSC to look at the technical Shari’ah matters prior to submitting the same to the chief executive officer. The Shari’ah compliance function must have the right for direct access to the Board.
               
              10.8.The duties of the Shari’ah compliance function must complement the compliance function of the Company. This function must have a dotted reporting line to the head of compliance of the Company to submit reports regarding the compliance with Islamic Shari’ah Provisions for information. The head of compliance shall not have any authority or responsibility related to the Shari’ah Compliance function.
               
              10.9.In matters related to promotions, bonus, performance assessment, and termination, the Internal Shari’ah Control Division’s head and staff shall be carried out by the Board or its committees in consultation with the ISSC and it must not be carried out by the Senior Management.
               
            • Article (11) Internal Shari’ah Audit Division

              11.1.The Internal Shari’ah Audit Division undertakes Shari’ah audit and monitors Company’s compliance with Islamic Shari’ah Provisions. This is conducted through an annual plan to collect and assess evidence of Company’s activities and transactions to ensure their compliance with Islamic Shari’ah Provisions and ensure the adequacy of internal procedures and Shari’ah governance framework.
               
              11.2.Within the Shari’ah governance framework, the Company must have specified work procedures related to Internal Shari’ah Audit Division.
               
              Fit and Proper
               
              11.3.The Company must appoint a head for Internal Shari’ah Audit Division2, after obtaining the Central Bank’s approval, who shall report to the Board. The head of this division must:
               
              a.be a Muslim;
               
              b.have a university degree in Islamic Shari’ah, or relevant specializations;
               
              c.have a professional certificate in Shari’ah supervision and/or Takaful Insurance from one of the organizations that supports Islamic finance like the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), the General Council for Islamic Banks And Financial Institutions (CIBAFI), or other recognized institutions that issue similar certifications. It is also preferable to have a professional certificate in insurance issued by a local or an international organization;
               
              d.have an experience of ten (10) years, as a minimum, in the field of Shari’ah supervision in Islamic financial institutions, including at least five (5) years Shari’ah Control in Takaful Insurance;
               
              e.practice his/her duties on full-time basis, and it is not permissible to combine between the job of a head of Internal Shari’ah Audit Division and any other job in the Company;
               
              f.have good conduct and behavior and not have been sentenced by a court in crimes related to honor or honesty, or was convicted of offences and sentenced to imprisonment;
               
              g.have excellent command of English and reasonable command of Arabic.
               
              11.4.The internal Shari’ah auditor must meet the requirements mentioned in Article (11.3), except for the condition of experience; where the internal Shari’ah auditor must have a minimum practical experience of five (5) years in Internal Shari’ah Audit.
               
              The Internal Shari’ah Audit Functions
               
              11.5.Internal Shari’ah Audit Division shall carry out the following functions:
               
              a.Development of Internal Shari’ah Audit manual, and to undertake review and update the manual on a regular basis,
               
              b.Prepare the annual Shari’ah audit plan, which must be approved by the ISSC in coordination with the Audit Committee. This should adopt the best practices in this regard (for example, the risk based Shari’ah Audit),
               
              c.Undertake assessment of businesses and activities of the Company to ensure the Company’s Shari’ah compliance with the requirements issued by the Central Bank, resolutions of the HSA, and resolutions of the ISSC,
               
              d.Undertake assessment of effectiveness of the internal Shari’ah supervision to ensure that the Company’s compliance with Islamic Shari’ah Provisions,
               
              e.Ensure that the products and services, forms, contracts, agreements, the execution procedures of activities and transactions, and other related matters are approved by ISSC,
               
              f.Conduct regular field audit to the Company’s internal and external divisions, and branches (if any),
               
              g.Coordinate and exchange their findings and reports with the internal audit division,
               
              h.Prepare internal audit forms and programs required for conducting inspection, and to verify and document the sound execution of transactions in light of the HSA’s Resolutions and ISSC’s Resolutions,
               
              i.Conduct meetings with the Company’s divisions to discuss the Shari’ah observations and require setting appropriate measures to avoid such issues, in cooperation with relevant entities inside the Company, and
               
              j.Prepare a report of the outcomes of the Internal Shari’ah Audit.
               
              11.6.Internal Shari’ah Audit Division staff shall not undertake any executive powers or responsibilities related to the businesses, activities, and contracts that may be audited by them.
               
              11.7.The Internal Shari’ah Audit must not be outsourced to external entities. The Internal Shari’ah Audit division may be assisted by additional external bodies after the approval of the Central Bank.
               
              Reporting Lines
               
              11.8.The head of Internal Shari’ah Audit Division shall report to the Board. The head of Internal Shari’ah Audit Division shall submit the reports to the ISSC for resolutions on Shari’ah matters stated in his/her reports. He/she shall then report with the ISSC resolutions to the Audit Committee for the implementation of their content and follow-up of their requirements.
               
              11.9.The Internal Shari’ah Audit Division submits its reports to the ISSC and to the Audit Committee biannually (at minimum3).
               
              11.10.In matters related to promotions, bonus, performance assessment, and termination, Internal Shari’ah Audit Division’s head and staff shall not report to the Senior Management they are auditing, but to the Board, through the Audit Committee, and in consultation with the ISSC.
               

              In the event of not appointing a head for Internal Shari’ah Audit Division, the Company shall appoint a trainee auditor or more (depending on the Company’s size) and he/she meets the minimum requirements for internal Shari’ah auditor (not requirements for a head) to be trained in Shari’ah auditing. After five years of the issuance of this Standard, the name of trainee auditor shall be submitted to the Central Bank for approval as a head of this division. At the same time, the Company shall appoint an external Shari’ah auditing company to perform the responsibilities of the head of Internal Shari’ah Audit Division with the participation of the trainee Shari’ah auditor.
              3 The frequency of reports submitted by the Internal Shari’ah Audit division depends on the size and nature of the Company’s works, which might require submitting more reports.

            • Article (12) External Shari’ah Audit

              12.1The Company may appoint a specialized external body to conduct External Shari’ah Audit. This task must be undertaken by an independent external Shari’ah audit company approved by the Central Bank (“External Shari’ah Auditor”).
               
              12.2.The External Shari’ah Auditor shall assess compliance of the Company with the Islamic Shari’ah Provisions in light of inter alia the following:
               
              a.regulations and standards issued by the Central Bank from time to time; and
               
              b.HSA’s Resolutions and ISSC’s Resolutions.
               
               He/she must meet the ISSC members to discuss the findings, before preparing the report.
               
              12.3.The External Shari’ah Auditor shall prepare a report for the Company’s Board and ISSC, giving their opinion on:
               
              a.the status of Shari’ah compliance of the Company;
               
              b.the risks associated with the Shari’ah non-compliance;
               
              c.the capacity and quality of the entity’s risk management system to measure, manage and mitigate the Shari’ah Non-Compliance Risks; and
               
              d.any other issues deemed significant in External Shari’ah Auditor with respect to Islamic Shari’ah Provisions.
               
            • Article (13) Cancelation of the Previous Decision

              This Standard shall cancel and supersede the Insurance Authority Decision No. (50) of 2019 Concerning Enhancing the Shari’a Controller’s Role in Takaful Insurance Companies Operating in the State.

            • Article (14) Interpretation of Standard

              The Regulatory Development Division of the Central Bank shall be the reference for interpretation of the provisions of this Standard.

            • Article (15) Compliance with the Standard

              15.1.The Company must set a Shari’ah governance framework in accordance to this Standard within 180 days from the date of issuing this Standard. The same must be submitted to the Central Bank for approval.
               
              15.2.The Company must comply fully with the requirements of this Standard within one year from publishing this Standard.
               
          • Standard Re Annual Shari’ah Report of Internal Shari’ah Supervision Committee for Takaful Insurance Companies

            N 880/2024 Effective from 9/2/2024
            • Article (1) Introduction

              1.1This Standard Re Annual Shari’ah Report of Internal Shari’ah Supervision Committee for Takaful Insurance Companies (“Standard”)complements the requirements outlined in the Regulation Regarding Takaful Insurance (“Regulation”),and the Standard Re Shari’ah Governance for Takaful Insurance Companies issued by the Central Bank, with the aim to promote development of the insurance system and to ensure its effectiveness and efficiency.
               
                
              1.2Takaful Insurance Companies (“Company/Companies”) are required to have in place Shari’ah governance policies and mechanisms to ascertain that Annual Shari’ah Report that is issued by the Internal Shari’ah Supervision Committee (“Annual Shari’ah Report”) is compliant with requirements outlined in this Standard, and applicable standards and regulations.
               
                
              1.3Where the Standard requires providing information, or undertake certain measures, or address particular provisions, as a minimum requirement, the Central Bank may impose (new) requirements additional to those specified in the relevant article (of the Standard).
               
                
            • Article (2) Objectives

              2.1This Standard contains requirements and guidance that facilitate the implementation of the requirements related to the issuance of the Annual Shari’ah Report.
               
                
              2.2The Standard provides clarity on the supervisory expectations with respect to the Annual Shari’ah Report.
               
                
            • Article (3) Scope of Applicability

              3.1The Standard applies to all Takaful Insurance Companies licensed by the Central Bank.
               
                
              3.2The Standard must be read in conjunction with the standards and resolutions issued by the Higher Shari’ah Authority (“HSA”) and notified to Companies.
               
                
            • Article (4) General Requirements For Issuing The Annual Shari’ah Report

              4.1The Annual Shari’ah Report represents annual disclosure of the Internal Shari’ah Supervision Committee (“ISSC”) on the level of Company’s compliance with Islamic Shari’ah Provisions. Accordingly, responsibility for preparing the Annual Shari'ah Report rests with the ISSC, within the mechanisms and requirements stipulated in the Standard.
               
                
              4.2The Annual Shari’ah Report shall be presented at the general assembly in accordance with the applicable regulatory requirements.
               
                
              4.3The Annual Shari’ah Report shall be submitted to the HSA for review and approval prior to its submission at the general assembly, no later than one month prior to the date of the general assembly of the Company, in order to make any comments.
               
                
              4.4The ISSC must verify accuracy and validity of all information in the Annual Shari’ah Report before its submission to the HSA.
               
                
              4.5The ISSC must ascertain that all information required to be stated in the Annual Shari’ah Report as per the template in Article (6) are included in the designated places of the report before submitting it to HSA.
               
                
              4.6The ISSC must ensure that all duties fulfilled by the ISSC, as outlined in the Annual Shari’ah Report, are well documented for audit purposes.
               
                
              4.7The Company shall publish the Annual Shari’ah Report in the Company’s disclosures of financial statements and other available means.
               
                
            • Article (5) Compliance With The Standard

              5.1The template of the Annual Shari’ah Report as per the Article (6) sets out the minimum requirements as to the principal information and disclosures to be included in the Annual Shari’ah Report.
               
                
              5.2The ISSC may add further information to the Annual Shari’ah Report, if necessary, according to the template in this Standard.
               
                
            • Article (6) Template For The Annual Shari’ah Report (English)

              Template for the Annual Shari’ah Report (English)

              Annual Report of the Internal Shari’ah Supervision Committee of (name of theTakaful Insurance Company)

              Issued on: (issue date)

              To: Shareholders of (name of the Takaful Insurance Company) (“the Company”)

              After greetings,

              Pursuant to requirements stipulated in the relevant laws, regulations and standards (“the Regulatory Requirements”), the Internal Shari’ah Supervision Committee of the Company (“ISSC”) presents to you the ISSC’s Annual Report for the financial year ending on 31 December (“Financial Year”).

               

              1.

              Responsibility of the ISSC

              In accordance with the Regulatory Requirements and the ISSC’s charter, the ISSC’s responsibility is stipulated as to:

              undertake Shari’ah supervision of all businesses, activities, products, services, contracts, documents and business charters of the Company; and the Company’s policies, accounting standards, operations and activities in general, memorandum of association, charter, financial statements, allocation of expenditures and costs, and distribution of profits between participants’ accounts and shareholders’ accounts (“Company’s Activities”) and issue Shari’ah resolutions in this regard, and

              determine Shari’ah parameters necessary for the Company’s Activities, and the Company’s compliance with Islamic Shari’ah Provisions within the framework of the rules, principles, and standards set by the Higher Shari’ah Authority (“HSA”) to ascertain compliance of the Company with Islamic Shari’ah Provisions.

              The senior management is responsible for compliance of the Company with Islamic Shari’ah Provisions in accordance with the HSA’s resolutions, fatwas, and opinions, and the ISSC’s resolutions within the framework of the rules, principles, and standards set by the HSA (“Compliance with Islamic Shari’ah Provisions”) in all Company’s Activities, and the Board bears the ultimate responsibility in this regard.
               

                
              2.

              Shari’ah Standards

              The ISSC shall comply with the Shari’ah standards issued and approved by the HSA.
               

                
              3.

              Duties Fulfilled by the ISSC During the Financial Year

              The ISSC conducted Shari’ah supervision of the Company’s Activities by reviewing those Activities, and monitoring them through the internal Shari’ah control division or section, internal Shari’ah audit division or section, and (if applicable) external Shari’ah audit, in accordance with the ISSC’s authorities and responsibilities, and pursuant to the Regulatory Requirements in this regard. The ISSC’s activities included the following:
               

                
               a.Convening (number) meetings during the year.
               
                
               b.Issuing fatwas, resolutions and opinions on matters presented to the ISSC in relation to the Company’s Activities.
               
                
               c.Reviewing and monitoring compliance of policies, procedures, accounting standards, operating model and product structures, contracts, documentation, business charters, and other documentation submitted by the Company to the ISSC for approval.
               
                
               d.Reviewing the Takaful Insurance operating model, underlying contracts and supporting materials (e.g. underwriting and claims settlement manual/guidelines etc.).
               
                
               e.Reviewing and approving the Company’s products, services and marketing materials.
               
                
               f.Reviewing and approving the policy and procedures that govern Takaful Insurance Accounts (e.g. segregation of accounts and transparent financial resources flow between the accounts etc.), surplus distribution, and deficit coverage.
               
                
               g.Ensuring the compliance of the segregation between Takaful Insurance accounts and shareholders accounts, allocation of costs and expenditures on the accounts, and the underwriting surplus policy with Islamic Shari’ah Provisions.
               
                
               h.Reviewing the financial statements of the Company to ensure compliance with Islamic Shari’ah provisions.
               
                
               i.Reviewing the investment policy and approving the Shari’ah screening criteria to ensure the investment activities in both shareholders’ accounts and participants’ accounts, are comply with the Provisions of Islamic Shari’ah.
               
                
               j.Reviewing the risk ceding arrangements of the participants’ account with other insurance companies (Retakaful insurance, conventional reinsurance, co-insurance with Takaful insurance/conventional insurance companies) and confirming its compliance with Islamic Shari’ah Provisions.
               
                
               k.Supervision through the internal Shari’ah control division or section, internal Shari’ah audit division or section, and (if applicable) external Shari’ah audit, of the Company’s Activities including supervision of executed transactions and adopted procedures on the basis of samples selected from executed transactions, and reviewing reports submitted in this regard.
               
                
               l.Providing guidance to relevant parties in the Company - to rectify (where possible) incidents cited in the reports prepared by internal Shari’ah control division or section, internal Shari’ah audit division or section, and/or (if applicable) external Shari’ah audit - and issuing of resolutions to set aside revenue derived from transactions in which non-compliances were identified for such revenue to be disposed towards charitable purposes.
               
                
               m.Approving corrective and preventive measures related to identified incidents to preclude their reoccurrence in the future.
               
                
               n.Reviewing the Zakat calculation and specifying the amount of Zakat due on each share of the Company.
               
                
               o.Communicating with the Board and its subcommittees, and the senior management of the Company (as needed) concerning the Company’s compliance with Islamic Shari’ah Provisions.
               
                
               p.(add other works that the ISSC wants to mention in this report).
               
                
                The ISSC sought to obtain all information and interpretations deemed necessary in order to reach a reasonable degree of certainty that the Company is compliant with Islamic Shari’ah Provisions. (the phrase “External Shari’ah audit” is included in the report if applicable, otherwise it should be deleted).
               
                
              4.

              Independence of the ISSC

              The ISSC acknowledges that it has carried out all of its duties independently and with the support and cooperation of the senior management and the Board of the Company. The ISSC received the required assistance to access all documents and data, and to discuss all amendments and Shari’ah requirements. (Factors that have affected independence, if any, must be mentioned).
               

                
              5.

              The ISSC’s Opinion on the Shari’ah Compliance Status of the Company

              Premised on information and explanations that were provided to us with the aim of ascertaining compliance with Islamic Shari’ah Provisions, the ISSC has concluded with a reasonable level of confidence, that the Company’s Activities are in compliance with Islamic Shari’ah Provisions, except for the incidents of non-compliance observed, as highlighted in the relevant reports. The ISSC also provided directions to take appropriate measures in this regard.

              (Add a statement on any other breaches to the Shari’ah provisions, resolutions and controls established by the Higher Shari’ah authority, if applicable). 

              The ISSC formed its opinion, as outlined above, exclusively on the basis of information perused by the ISSC during the financial year.

                

               

               Signatures of members of the Internal Shari’ah Supervision Committee of the Company

              Member’s NameType of Membership Signature
              Member’s NameType of Membership Signature
              Member’s NameType of Membership Signature

               

               

              (End of the Template)

          • Standard Re Charter of Internal Shari’ah Supervision Committee for Takaful Insurance Companies

            N 882/2024 Effective from 9/2/2024
            • Article (1) Introduction

              1.1 This Standard Re Charter of Internal Shari’ah Supervision Committee forTakaful Insurance Companies (“Standard”) complements the Standard Re Shari’ah Governance forTakaful Insurance Companies that conduct their activities and businesses in accordance with the provisions of Islamic Shari’ah (“Company”/ “Companies”).
               
                
              1.2 The Companies must establish Shari’ah governance policies and governance mechanisms to ascertain that the adopted Charter of the Internal Shari’ah Supervision Committee (“Charter”) is compliant with requirements outlined in this Standard and the relevant requirements outlined in the regulations, standards and resolutions issued by the Central Bank and the Higher Shari’ah Authority (“Regulations, Standards and Resolutions”).
               
                
              1.3 Where the Standard requires providing information, or undertaking certain ( measures, or addressing particular provisions as a minimum requirement, the Central Bank may impose (new) requirements additional to those specified in the relevant article (of the Standard).
               
                
            • Article (2) Objectives

              2.1 This Standard contains provisions and guidance to facilitate the implementation of requirements related to setting the Charter as stated in the Standard Re Shari’ah Governance for Takaful Insurance Companies.
               
                
              2.2 This Standard clarifies the supervisory expectations with respect to the Charter.
               
                
            • Article (3) Scope of Applicability

              3.1 The Standard applies to all Takaful Insurance Companies licensed by the Central Bank.
               
                
              3.2 The Standard must be read in conjunction with the standards and resolutions issued by the Higher Shari’ah Authority and notified to Companies.
               
                
            • Article (4) Compliance with the Standard

              4.1 The Template of the Charter, as per the Appendix, sets out the minimum requirements that must be stated in the Charter. The Company may state additional articles or details to the Charter’s Template provided that such addition does not contradict with the requirements stated in the relevant Regulations, Standards, and Resolutions.
               
                
              4.2 The Takaful Insurance Companies must comply with the requirements stated in this Standard within one year from the date of issuance of the Standard.
               
                

               

               

               

               

               

               

              Khaled Mohamed Balama

              Governor of the Central Bank of the UAE

               

            • Appendix: Template of the Charter

              • Charter for Internal Shari’ah Supervision Committee in (insert the name of the Takaful Insurance Company)

                • 1. Introduction

                  This Charter specifies the functional controls of Internal Shari'ah Supervision Committee of (insert the name of the Takeful Insurance Company, and its meetings’ management, decision-making process, and other procedural matters (“Charter”).

                • 2. Definition of Internal Shari’ah Supervision Committee

                  The Internal Shari’ah Supervision Committee (“ISSC”) is a body appointed by the Takaful Insurance Company, comprised of scholars specialized in Islamic financial transactions, with the mandate to independently supervise transactions, activities, and products of the Company to ensure it is compliant with Islamic Shari’ah in all its objectives, activities, operations, and code of conduct.

                • 3. Qualification of Members of ISSC

                  Every member considered for, and appointed to the ISSC must meet the fit and proper requirements stipulated in the Regulations, Standards and Resolutions issued by the Central Bank and the Higher Shari’ah Authority (“Regulations, Standards and Resolutions”).

                • 4. Independence of the ISSC

                  The Company must comply with the controls and guidelines specified in the Regulations, Standards and Resolutions to ascertain independence of the ISSC members.

                • 5. Appointment of ISSC, Membership Meriod, Dismissal And Resignation Of The Members

                  1.5 The Company shall ensure that it executes and outlines:

                    a.appointment and formation of the ISSC,
                   
                    b.duration of the membership, 
                   
                    c.dismissal or resignation of its members, as specified in the Regulations, Standards and Resolutions.
                   
                  2.5 The ISSC shall select from among its members a chairperson and a deputy chairperson in its first meeting.
                   
                • 6. Responsibilities And Authorities Of The ISSC

                  The ISSC shall adhere to the requirements regarding responsibilities and authorities of the ISSC stipulated in the Regulations, Standards and Resolutions.

                • 7. The ISSC’s Meetings And Issuance of Resolutions

                  7.1The ISSC shall meet regularly, at least four times in the fiscal year, and the period between any two meetings shall not exceed 120 days.
                   
                    
                  7.2Quorum for ISSC meetings is constituted by presence of majority of the ISSC members. The ISSC resolutions are issued through the unanimous agreement or the majority vote by its members present in a meeting, and in case of tied votes, the vote of the chairperson prevails. The opinion of the member who is not in favour of the ISSC’s resolution must be recorded in the minutes of meeting with its reasoning.
                   
                    
                  7.3Attendance of an ISSC member must not be less than 75% of the total meetings held during a year. An ISSC member may attend or convene the meeting in full through video or audio means of communication, if necessary, provided that this is recorded in the minutes of the meeting and approved by the ISSC members.
                   
                    
                  7.4The ISSC may invite to its meeting the Company’s directors, employees, experts, advisors, and other parties that ISSC decides in order to obtain clarification regarding data and information needed by ISSC in relation to the issues under their review. The said attendees must not be present at the time of the ISSC’s decision-making in the related matters.
                   
                    
                  7.5The ISSC may issue resolutions by circulation in urgent cases, provided unanimity is reached. Every resolution issued by circulation shall be recorded in the minutes of the first meeting held after the issuance. In case of a disagreement, the ISSC shall hold a meeting as soon as possible in order to resolve lack of consensus.
                   
                    
                  7.6Resolutions of the ISSC must be written in a clear form, and be accompanied by procedures necessary for implementation of the provisions contained therein in a manner that ensures adequate execution. The ISSC specifies the details that must be accompanied with the resolution in relation to its implementation.
                   
                    
                • 8. Methodology Of ISSC’s Functions

                  8.1The ISSC must thoroughly investigate matters on its agenda to establish adequate (fact-based) understanding related to nature of the presented matter. If a matter does not become clear to the ISSC, the ISSC may postpone issuance of the resolution or request additional information or supporting studies, and accordingly (in this case) the subject matter shall be presented again after the request is addressed.
                   
                    
                  8.2The Company shall ensure that the ISSC is given sufficient time to investigate the matters submitted to the ISSC, and review any contracts and documents that may relate to the presented matters.
                   
                    
                  8.3The ISSC shall explore the Shari’ah ruling on the matter it is examining by leveraging the opinions of Shari’ah jurists in the credible schools of law, while ensuring that the Shari’ah ruling does not contradict the Shari’ah standards or resolutions issued by the HSA, even if such ruling differs from rulings issued by the ISSC in the past.

                   
                    
                  8.4Fatwas issued by ISSCs of other institutions are not binding on the Company’s ISSC, and existence of those fatwas do not obviate the need for a resolution from the Company’s ISSC, even if the members are same.
                   
                    
                  8.5The resolutions of the ISSC are binding on the Company in accordance with the applicable laws and standards.
                   
                    
                  8.6The Company shall comply with interpretations of the ISSC regarding the HSA’s resolutions and standards and their implementation.
                   
                    
                • 9. Subcommittees Of The ISSC

                  To facilitate the decision-making process in urgent matters, the ISSC may choose to authorize an executive member or an executive sub-committee, from among its members, and determine their responsibilities. Resolutions of the executive member or the executive subcommittee shall be presented to the ISSC at its subsequent meeting. Neither the executive member nor the executive committee has the right to issue a resolution on:

                    a.transactions that contain new structures, business models, mechanisms, or documentation that have not previously been endorsed by the ISSC,
                   
                    b.transactions that may negatively impact some of the participants e.g., approving a particular policy for surplus distribution, or
                   
                    c.adopting a plan of internal Shari’ah audit or endorsing reports submitted by the internal Shari’ah audit.
                   
                • 10. Internal Shari’ah Controls Functions

                  The Company shall comply with the requirements related to Internal Shari'ah Control functions as stipulated in the Regulations, Standards and Resolutions.

                • 11. Engagement (Appointment) Letter

                  The Company shall ensure that:

                    a.the engagement letter by which a candidate is appointed to the ISSC conforms to the requirements specified in the Regulations, Standards and Resolutions,
                   
                    b.the candidate has accepted the content of the engagement letter before his/her name is submitted to the HSA and the General Assembly for approval, and
                   
                    c.the engagement letter must be available in Arabic.
                   
                • 12. Approval, Effectiveness, Amendment and Review of the Charter

                  The Charter may be amended based on a request by the ISSC and approved by the board of directors, and the amendment will be effective from the date of its approval. The ISSC reviews the Charter at least once every two years or sooner if needed.

                   

                  Approval of the Charter

                   

                  Sheikh:Mr./Ms.:
                  Chairman of the ISSC Chairman of the Board

                   

                   

                  ....................................................

                   

                   

                  .......................................................

                  Date of Signing:Date of Signing:
                  Date of Approval: (Date of the latest signature above)

                   

                   

                   

                  (End of the Charter’s template)

        • Financial Regulations / Takaful

          • Insurance Authority Board Decision Number (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies

            IA-BOD-RES 26/2014 Effective from 28/12/2014

            Chairman of Insurance Authority

            Having considered:

            - Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance operations and its amendments;

            - Board Decision No. (2) of 2009 related to the issuance of the Executive Regulation of the Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance Operations and its amendments;

            - Decision No. (4) of the Insurance Authority' Board of Directors for the year 2010 on the Takaful Insurance Regulations; and

            - Pursuant to what has been presented by the Director General of the Authority and approved by the Insurance Authority Board of Directors, it was decided to issue the following Financial Regulations for Takaful Insurance Companies:

            Preamble: Glossary.

            Part One: Financial Regulations:

            Section 1The Basis of Investing the Rights of the Participants - Takaful.
            Section 2The Solvency Margin and Minimum Guarantee Fund - Takaful.
            Section 3The Basis of Calculating the Technical Provisions - Takaful.
            Section 4Determining the Takaful Operator’s assets that meet the accrued insurance liabilities.
            Section 5The Records which the Takaful Operator shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority.
            Section 6The Principles of Organizing Accounting Books and Records of Each of the Takaful Operators, Agents and Brokers and Determining Data to be maintained in these Books and Records.
            Section 7Accounting policies to be adopted and the necessary forms needed to prepare reports and financial statements and presentations - Takaful.

             

            Part Two: General Provisions.

            • The Board of Directors’ Decision No.( 22 ) of 2017 Concerning the Application of the Investment Limits Stipulated in the Financial Regulations for Insurance Companies and the Financial Regulations for Takaful Insurance Companies

              The Director General of the Insurance Authority;

              Having perused:

              - The Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations as amended, and its Executive Regulation;

              - The Board of Directors’ Decision No. (25) of 2014, Concerning the Financial Regulations for Insurance Companies;

              - The Board of Directors’ Decision No. (26) of 2014, Concerning the Financial Regulations for Takaful Insurance Companies;

              - And, pursuant to what has been presented by the Director General of the Authority and approved by the Insurance Authority Board of Directors,

              Has decided:

              • Preamble

                • Definitions

                  • First Article – Glossary

                    The following words and expression shall bear the meaning indicated beside each of them unless the context provides otherwise:

                    StateThe United Arab Emirates.
                    LawFederal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance Operations and its amendments.
                    Executive RegulationsThe Executive Regulation of the Federal Law.
                    MinisterThe Minister of Economy.
                    AuthorityThe Insurance Authority established by virtue of the provision of the Federal Law.
                    BoardBoard of Directors of the Insurance Authority.
                    DirectorGeneral Director General of the Insurance Authority.
                    The CompanyThe Takaful operator, or foreign branch of a Takaful operator, licensed to carry out Takaful operations in the State, conducting its business according to the provisions of the Law, the Executive Regulations and the System of Regulations herein, whereas all its transactions are in conformity with the principles of Shari’a Law.
                    Board of DirectorsBoard of Directors of the Company or its equivalent in the governance structure of Foreign Takaful Operators.
                    Takaful InsuranceA collective contractual system aiming at attaining cooperation between a group of participants to face specific risks whereby each one of them pays a certain contribution that leads to formation of an account called the participants' account through which the due compensation will be paid to whomever the risks are realized in his respect. The Takaful operator will manage the account and invest the amounts collected therein against a specified remuneration.
                    ParticipantThe person associated with a membership contribution document and concluded Takaful insurance contract and obligated to pay the contribution, who has the right, or his legal heirs have the right, or those assigned thereto have the right, in cases an assignment is permitted, to receive the compensation or benefits offered by the participant's account with company.
                    ContributionThe amount which the participant undertakes to pay as an obligation to make donation against his contribution in Takaful insurance account with the company to compensate damages or pay benefits to whosoever deserve them.
                    Takaful Insurance PolicyThe policy concluded by and between the company and the participant which embraces the terms of contract, the rights and obligations of the two parties and the beneficiaries of Takaful insurance and any endorsements thereto.
                    Membership Contribution DocumentThe document containing the fundamentals and principles of Takaful insurance as approved by the company in respect of the participants' relation therewith which the participant has to agree thereto upon his contribution.
                    Property and Liability Takaful InsuranceProperty Takaful insurance and Third Party Liability Takaful insurance shall include the branches referred to in Article (5) of the Executive Regulations provided they contain no matter in violation of the principles of Shari’a Law.
                    Takaful Insurance of PersonsIt includes all forms of Takaful insurance of persons, Medical Takaful insurance of all forms and personal accidents Takaful insurance associated with Takaful insurance of persons.
                    Technical ProvisionsThe provisions which the insurer (the Company) must deduct and maintain to meet the insured’s accrued financial liabilities as per Law's stipulations.
                    ActuaryThe person who estimates values of the insurance contracts, documents and the related accounts.
                    Risk Management PolicyThe process of identification, evaluation and mitigation of the economic effects of the past, present or future events, or their impact, that cause a Company to deviate from its stated objectives whether positively or negatively. These events can impact both the asset and liability side of the Company’s balance sheet, the Company’s profit and loss account, its cash flows, its earning capacity, profitability, ability to continue operating, reputation and its intellectual and technological capital. Risk management should be well integrated into the organizational structure and decision making processes.
                    Risk AppetiteThe degree of risk that the Company and Board of Directors are willing to accept in respect of conducting the business.
                    DerivativesA financial asset or liability whose value is derived from an underlying asset, liability or related index. Common forms of derivative instruments include forwards, futures, options, swaps, credit derivatives or combinations thereof (as applicable).
                    InvestmentsThe act of investing, laying out money or capital by a Company with the expectation of profit.
                    HedgingTo invest in a manner that reduces the risks related to underlying assets or liabilities.
                    Total Invested AssetsThe sum of all assets held for investment purposes, including derivatives or other hedging instruments and cash.
                    Admissible AssetsThe value of total assets, after taking into account the constraints and limitations that are taken into consideration when calculating the solvency margin of the Company.
                    Solvency MarginFunds that the Company is required to maintain to fulfill the obligations of the Minimum Capital Requirement, Minimum Guarantee Fund and Solvency Capital Requirement.
                    Minimum Capital RequirementThe minimum capital required to be maintained by a Company at all times as directed by the Authority.
                    Own FundsThe capital that an insurance Company has available to meet solvency requirements, which includes Admissible Assets less liabilities.
                    Solvency Capital RequirementFunds that the Company must maintain to cover current and projected operations during the next twelve months, which are measured to ensure that all quantitative risks have been taken into account.
                    Minimum Guarantee FundFunds that the Company must maintain to cover current and projected operations during the next twelve months, which is at least one third of the Solvency Capital Requirement or a greater amount as determined by the Authority.
                    Unearned Contribution Reserves (UPR)Provisions for the contributions which represent the portion of the contribution corresponding to the responsibilities extended beyond the date of the statement of financial position.
                    Unexpired Risk Reserves (URR)Provisions for the contributions which represent the portion of the contribution subsequent to the financial statement date and where the contribution is expected to be insufficient to cover anticipated claims, expenses and a reasonable profit margin.
                    Outstanding Loss Reserves (OSLR)Provisions representing claims that have been reported but not yet settled. Typically, this is the sum of the remaining liabilities for each open claim estimated on a case-by-case basis.
                    Incurred but Not Reported (IBNR)Provisions for claims that have been incurred but not yet reported or have not obtained enough information related to such claims as of the reporting date.
                    Allocated Loss Adjustment Expense (ALAE)or Unallocated Loss Adjustment Expense (ULAE) Provisions representing future claim expenses and related handling costs. The Allocated (ALAE) reserve is for expenses and costs that can be assigned to a specific claim. The Unallocated (ULAE) reserve is for all other overhead expenses and costs that can’t be assigned to a specific claim.
                    Mathematical ReserveProvisions created for long-term insurance contracts (Takaful Insurance of Persons and Fund Accumulation operations products more than one year) to cover all future claim liabilities as determined by the Actuary.
                    External AuditorThe External auditor licensed to operate in the State.
                    Authority ExaminersEmployees of the Authority, or delegated personnel, authorized to perform examination and inspection of Company records, transactions and documents.
                    Insurance AgentThe person approved and authorized by the Company to carry out insurance operation on its behalf or in behalf of any branch thereof.
                    BeneficiaryThe person who acquired the rights of the Takaful insurance contract at the start or these rights that have been legally transferred thereto.
                    Insurance or Underwriting SurplusThe residual amount in the participant’s fund of the total premium contributions provided by participants and its investments in addition to Re-Takaful yields or other revenues during the financial period after deducting the total of paid claims, changes in technical provisions and Wakala and Mudaraba fees during the period.
                    Unit Linked Insurance PoliciesInsurance plans that provide the option to invest in any number of qualified investments, such as stock, bonds, mutual funds.
                      

                     

                     

                    • Article (1)

                      The following words and expressions shall bear the meaning indicated beside each one of them unless the context provides otherwise:

                      State: The United Arab Emirates.

                      Law: Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the insurance Operations and its amendments.

                      Executive Regulation: the Executive Regulation of the Federal Law.

                      Authority The Insurance Authority.

                      Board: The Insurance Authority Board of Directors.

                      Director General: The Director General of the Insurance Authority.

                      The Company: The insurance company incorporated in the state or a branch of a foreign insurance company, licensed to carry out insurance operations in the State either through a branch or an insurance agent, including Takaful Insurance Companies.

                      Financial Regulations: Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies, as the case may be.

                      Investments: The act of investing, laying out money or capital by a Company with the expectation of profit or the process of investing or engaging funds or capital by the Company with the aim of achieving an expected profit, provided that this is compliant with the Islamic Shari’a provisions, as the case may be.

                      Investment limits: The limits of Asset distribution and allocation stipulated in the Financial Regulations.

                      Minimum Capital Requirement: The minimum capital required to be maintained by a Company at all times as directed by the Authority.

                      Solvency Capital Requirement: Funds that the Company must maintain to cover current and projected operations during the next twelve months, which are measured to ensure that all quantitative risks have been taken into account.

                      Minimum Guarantee Fund: Funds that the Company must maintain to cover current and projected operations during the next twelve months, which is at least one third of the Solvency Capital Requirement or as determined by the Authority.

                      Associate companies: The Company in which the insurance company owns 20% to 50% and has a significant effect on its decisions and in accordance with International Financial Reporting Standards.

                    • Second Article – Glossary Application

                      The Glossary mentioned in the first article of this Section should be applied to all regulations and provisions identified in Part One and Part Two of these regulations.

                    • Third Article – Regulations Application

                      The provisions of the regulations herein should be applied to Takaful insurance companies incorporated in the State and the Takaful foreign insurance companies licensed to practice the activity in the State.

                • Part One: Financial Regulations for Takaful Insurance Companies

                  • Scope of Application

                    • Fourth Article – Financial Regulations

                      The Financial Regulations for Takaful Insurance Companies include the following sections:

                      Section 1:Regulations Pertinent to the Basis of Investing the Rights of the Participants – Takaful
                      Section 2:Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund – Takaful
                      Section 3:Regulations Pertinent to the Basis of Calculating the Technical Provisions – Takaful
                      Section 4:Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities
                      Section 5:Regulations Pertinent to the Records which the Takaful Operator shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority
                      Section 6:Regulations Pertinent to the Principles of Organizing Accounting Books and Records of Each of the Takaful Operators, Agents and Brokers and Determining Data to be maintained in these Books and Records
                      Section 7:Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements – Takaful

                       

                      • Article (2)

                        1: The Company shall implement the provisions contained in this decision when applying the Asset distribution and allocation limits contained in Chapter I of the financial Regulations.

                        2: The provisions of this Decision shall be read in conjunction with the financial Regulations and shall be deemed complementary thereto.

                        • Section (1) Regulations Pertinent to the Basis of Investing the Rights of the Participants – Takaful

                          • Article (1) – General Requirements for Investments

                            The Company shall apply the following rules in investments operations:

                            1. The Company must ensure that the assets are diversified and adequately spread and allow the Company to respond adequately to changing economic circumstances. In particular for developments in the financial and real estate markets or major catastrophic events; the Company must assess the impact of irregular market circumstances on its assets and must diversify the assets in such a way as to reduce such impact.
                               
                            2. Investments in products or instruments issued by the same issuer or by issuers belonging to the same group must not expose the Company to excessive risk concentrations. Limits defined for asset class and counterparty are defined in Article (3) and should be adhered to.
                               
                            3. An active Investment Committee should be in place to ensure there is adequate segregation of duties between execution, recording, authorization, reconciliation and related assurance.
                               
                            4. For the purpose of matching of Assets and Liabilities subject to paragraph (6) of this Article, the assets held by a Company to cover its technical provisions and all other long-term insurance liabilities must:

                              a) Have characteristics of safety, yield and marketability which are appropriate to the type of business carried on by the Company; and

                              b) Be diversified and adequately spread.
                               
                            5. The assets referred to in paragraph (4) must be of a sufficient amount, and of an appropriate currency and maturity, to ensure that the cash inflows from those assets will meet the expected cash outflows from the Company's Takaful liabilities as they become due.
                               
                            6. For the purpose of paragraph (4), a Company must take into consideration any options which exist in the Company's Takaful contracts when determining expected cash outflows.
                               
                            7. For the purpose of these regulations, paragraph (4) does not apply to assets held to cover unit-linked liabilities, except where the respective long-term insurance contract in question includes a guarantee of investment performance or some other guaranteed benefits, paragraph (4) will nevertheless apply to assets held to cover that guaranteed element.
                               
                            8. Further guidance for investments in Addendum (1) of the regulations herein shall be applied.
                          • Article (2) – General Rules for Investment Policy

                            1. To ensure proper investment of funds, each Company must put in place investment and risk management policies that are in line with the risk appetite set by the Board of Directors of the Company. The investment and risk management policies shall be approved and reviewed on an annual basis by the Board of Directors and cover overall investment strategy and proper risk management systems, including oversight mechanisms.
                               
                            2. The risk management systems must cover the risks associated with investment activities that may affect the coverage of Takaful liabilities and capital adequacy. The main risks include market, credit and liquidity risks.
                               
                            3. Appropriate procedures shall be in place to monitor and ensure that asset limits and counterparty concentration limits are as directed in Article (3) and are being adhered to.
                               
                            4. An appropriate process to assess the credit-worthiness of counterparties to whom the Company is significantly exposed to in large transactions must be in place.
                               
                            5. The Company shall establish a stress testing framework and policy for all its investments (including regular stress testing for a range of market scenarios and changing investment and operating conditions, like socio-economic or regulatory changes, in order to assess the appropriateness of asset allocation limits) and stress testing is to be performed at least annually as per the Company policy.
                               
                            6. Branches of Foreign Takaful Operators need to demonstrate in all cases to the authority that the stress testing framework and policy for investments are established at the head office level which shows the UAE operations.
                               
                            7. The Authority may impose requirements on an individual Company to invest in a specified manner, or restrict or prohibit a Company from investing in certain asset classes or individual asset to safeguard Takaful funds. Such requirements, restrictions or prohibitions will form part of supervisory actions as a result of the Authority assessment of a Company’s risk profile and investment risk management practices.
                               
                            8. The Company shall have a separate investment strategy for Family Takaful insurance operations and Property and Liability Takaful insurance operations in situations where both businesses are undertaken by the same entity.
                               
                            9. The Company shall have different strategy for investment of participants' fund (including Qard Hasan funds available from shareholders) and shareholders fund.
                               
                            10. For Participants Takaful operations, a Company shall also have separate investment strategies for ‘participants’ investment fund and ‘participants’ risk fund due to potential differences in objectives of both funds.
                               
                            11. The Company shall document its Contingency Funding Plan, including the Qard Hasan facility submitted by the shareholders, to address how it will meet its current and future insurance liabilities in case it does not have adequate assets or liquidity of assets to honor its current and future insurance liabilities. The Company shall address the events or circumstances identified in the Contingency Funding Plan. The Contingency Funding Plan is an internal document that should be made available to the Authority upon request.
                               
                            12. Further guidance on the Investment policy in Addendum (2) of the regulations herein shall be applied.
                          • Article (3) – Asset Distribution and Allocation Limits

                            1. For asset distribution and allocation limits, the following apply:
                              Type of Invested AssetMaximum Limit for aggregate exposure in a particular asset classSub-limit for exposure to a single counter-party
                              Real Estate30%No Sub Limit
                              Equity instruments in listed and not listed companies within UAE.30%10%
                              Equity instruments issued by companies listed and not listed outside UAE.20%10%
                              Government securities/instruments issued by the UAE and/or by one of the Emirates in the UAE.100%25%
                              Government securities/instruments issued by (A) rated countries.80%25%
                              Cash and deposits with Islamic Financial Institutions within the UAE (e.g. current account, demand deposits, term deposits, notice deposits, certificates of deposit, etc.)Minimum 5%50%
                              Loans secured by insurance policies of persons and accumulation of funds operations (excluding unit-linked funds’ related policies) issued by the Company.30%No Sub Limit
                              Derivatives or complex Islamic financial instruments to be used for hedging purposes only.1%No Sub Limit
                              Secured loans, deposits with non-banks, debentures, Sukuk & other debt instruments which are rated strong or very strong by reputed and independent rating agency.30%20%
                              Other Invested Assets10%No Sub Limit

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               

                               


                               

                               

                            2. The above limits shall be applicable for Total Invested Assets.
                               
                            3. For the purpose of the application of the limits contained in paragraph (1) of this Article, real estate shall be at market value. As an exception to what is stated in paragraph (1) of this Article, the Authority may allow, in specific cases, Takaful operators to invest in real estate with a maximum of up to 40% on the basis of a request from the Company stating the reasons for the exception, along with an investment risk analysis report as described in Article (10) of the regulation herein.
                               
                            4.  As an exception to what is stated in paragraph (1) of this Article, Derivative limits may exceed 1% if employed to hedge against currency fluctuation only.
                               
                            5. Statutory Deposits provided as collateral for the Company to fulfill its obligations are excluded from the concentration and asset allocation limits listed in paragraph (1) of this Article.
                               
                            6. The limits mentioned in this Article are not applicable to unit-linked funds.
                               
                            7. For branches of Foreign Takaful Operators, the limits mentioned in paragraph (1) of this Article shall be applicable to the assets backing the insurance fund for UAE policies only.
                               
                            8. In addition to the above, asset allocation limits shall ensure that investments made are compliant with the Islamic Shari’a provisions.
                               
                            9. Strong and very strong rating by an independent agency for investments inside or outside UAE would mean ratings equivalent to or better than following weighted average ratings for each asset class portfolio:
                            S&PFitchA.M. BestMoody’s
                            AAAA2

                             

                          • Article (4) – Compliance Period for Concentration and Asset Allocation Limits

                            1. A Company not in compliance with the limits of assets in real estate listed in paragraph (1) of Article (3) will have three (3) years to comply with the limits effective from the day following the date of publication of these regulations in the Official Gazette.
                               
                            2. The compliance period is two (2) years for Companies not in compliance with the limits other than real estate listed in paragraph (1) of Article (3), effective from the day following the date of publication of these regulations in the Official Gazette.
                          • Article (5) – Investment Related Risks

                            1. For the purpose of this Article, “Investment Risk” refers to the possibility of an adverse movement in the value of a Company’s on-balance sheet assets or certain off-balance sheet obligations. Investment risk derives from a number of sources including market risk, credit quality risk, investment concentration risk, and liquidity risk, as well as risk associated with the use of derivatives.
                               
                            2. The Company's Board of Directors shall endorse policies and procedures regarding the risks detailed in Addendum (3) to be implemented by its senior management, who shall take adequate steps to disseminate the policy and train the relevant staff such that they can effectively implement the policies and procedures.
                               
                            3. Further guidance on investment related risks in Addendum (3) of the regulations herein shall be applied.
                          • Article (6) – Domiciling of Investments

                            1. The Company is permitted to hold, for the purpose of investment, assets of its Takaful fund for UAE policies in a foreign jurisdiction with a sovereign rating which is better or at least equivalent to the sovereign rating of the UAE. Total invested assets held outside the UAE shall not exceed 50% of the total invested assets or 100% of the total technical provisions for policies outside the UAE only (excluding unit-linked funds), whichever is greater.
                               
                            2. This restriction in terms of the location and value of invested assets held outside the UAE is applicable to both the Takaful fund for UAE policies and the shareholders' fund, notwithstanding whether the invested assets are held to support the solvency margin.
                               
                            3. The restriction in terms of the location and value of invested assets held outside the UAE for branches of Foreign Takaful Operators is applicable to the insurance fund for the UAE policies only, notwithstanding whether the invested assets are held to support the solvency margin.
                               
                            4. The Company shall at all times invest inside the UAE the assets required to match the technical provisions, for policies inside the UAE only, with consideration of Article (2) of Section (3) in regards to the Regulations Pertinent to the Basis of Calculating the Technical Provisions.
                               
                            5. The above domiciling investment limits are not applicable to unit-linked funds.
                          • Article (7) – Derivatives

                            1. Companies are allowed to engage in derivative activities for hedging purposes where such derivative transactions are identified with the corresponding risk exposures being hedged, and the risks associated with such derivative transactions are insignificant and remote given the risk reduction benefits that can reasonably be expected from the transactions.
                               
                            2. Derivative positions which no longer meet the hedging intent shall be closed out promptly.
                               
                            3. Further guidance on derivatives in Addendum (4) of the regulations herein shall be applied.
                          • Article (8) – Investment Outsourced Activities

                            The Company is entitled to engage with a third party inside the UAE to execute and manage its investment policy, provided that:

                            1. The policies, procedures and limits for the outsourced party must meet the same objectives of the Company’s investment policies and procedures approved by its Board of Directors.
                               
                            2. The arrangements for outsourcing the investment activities to the third party are in compliance with supervisory expectations specified by the Authority.
                               
                            3. The Company is responsible for the management of investment activities with an authorized third party.
                               
                            4. The Company provides the Authority with a copy of the agreement with the third party and any amendments thereto and any other requirements as requested by the Authority.
                               
                            5. Further guidance on investment outsourced activities in Addendum (5) of the regulations herein shall be applied.
                          • Article (9) – Borrowed Funds

                            The Company shall not utilize borrowed funds for the purpose of investments to cover Gross Technical provisions, Minimum Capital Requirement, Minimum Guarantee Fund and Solvency Capital Requirement. For this purpose, borrowed funds include bank loans and other debt instruments, but it does not include Surplus Bonds issued to raise working capital in lieu of Shares.

                          • Article (10) – Reporting Requirements to the Authority

                            1. The Company shall submit to the Authority a quarterly report and analysis of its investment portfolio classified as per the regulations in Article (3) of this Section, and authenticated by its External Auditor, the deadline for the submission of these reports to be within (45) days from the end of the quarter period.
                               
                            2. The Company shall submit to the Authority an annual risk analysis report of its investment portfolio, strategy and management process which is certified by the Actuary, authenticated by the External Auditor and endorsed by the Chairman of the Board of Directors. The timeline for submission of this report will be at the same time as the submission of the audited annual financial results. The risk analysis report should include, but is not limited to, the following:

                              a) A summary of the overall investment strategy as outlined in Addendum (2);

                              b) Analysis of the investment portfolio classified as per the regulations in Article (3) above; and

                              c) Analysis of the Market and Liquidity (Investment) Risk and Credit Risk, including scenario / stress testing, as outlined in Addendum (3).
                          • Article (11) – Addendums

                            The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                            • Addendums to Section 1 Basis of Investing the Rights of the Participants – Takaful

                              • Addendum (1)

                                1. The investment portfolio shall consider the type of business carried out by the Company, in particular the nature, amount and duration of expected claim payments, in such a way as to secure the sufficiency, liquidity, security, quality, profitability and matching of its assets .
                                   
                                2. With respect to the whole portfolio of assets, Takaful operators shall only invest in assets and instruments whose risks can be properly identified, measured, monitored, managed, controlled and reported thereof, and appropriately take into account in the assessment of its overall solvency needs as detailed in the Solvency Margin and Minimum Guarantee Fund regulations.
                                   
                                3. All assets, in particular those covering the Minimum Capital Requirement, Solvency Capital Requirement and Minimum Guarantee Fund, shall be invested in such a manner as to ensure the security, quality, liquidity and profitability of the portfolio as a whole. In addition the localization of those assets shall be as such to ensure their availability.
                                   
                                4. Assets held to cover the technical provisions shall also be invested in a manner appropriate to the nature and duration of the Takaful and Re-Takaful liabilities. Those assets shall be invested in the best interest of all participants and beneficiaries taking into account any disclosed policy objective.
                                   
                                5. Wherever possible, the Company must use ‘mark-to-market’ to measure the value of the investments.

                                  a) When using ‘mark-to-market’, the Company must use the more prudent side of bid/offer unless the Company is a significant market maker in a particular position type and it can close out at the mid-market price.

                                  b) When calculating the current exposure value of a credit risk or exposure for counterparty credit risk purposes:
                                   
                                  1. 1) The Company must use the more prudent side of bid/offer or the mid-market price and the Company must be consistent in applying the basis it chooses; and

                                  2. 2) If the difference between the more prudent side of bid/offer and the mid-market price is material, the Company must consider making adjustments or establishing reserves.
                                     
                                6. When ‘mark-to-market’ is not possible, the Company must use ‘mark to model’ to measure the value of the investments. Marking to model is any valuation which has to be benchmarked, extrapolated or otherwise calculated from a market input as follows:

                                  a) When the model used is developed by the Company, that model must be:
                                   
                                  1. 1) Based on appropriate assumptions which have been assessed and challenged by suitably qualified parties independent of the development process;

                                  2. 2) Independently tested, including validation of the mathematics, assumptions, and software implementation;
                                     
                                  3. 3) Independently certified by an Actuary; and
                                     
                                  4. 4) Developed or approved independently by the Investment Committee.
                                     
                                  b) The Company’s senior management must ensure that the Investment Committee, or its equivalent in the governance structure of Foreign Takaful operators, is aware of the positions which are subject to the ‘mark-to-model’ valuation and understand the materiality of the uncertainty this creates in the reporting of the performance of the business of the Company and the risks to which it is subject.

                                  c) The Company must source market inputs in line with market prices as far as possible and assess the appropriateness of the market inputs for the position being valued and the parameters of the model on a frequent basis.

                                  d) The Company must use generally accepted valuation methodologies for particular products where these are available.

                                  e) The Company must establish formal change control procedures, hold a secure copy of the model, and periodically use that model to check valuations.

                                  f) The Company must ensure that its risk management function personnel are aware of the weaknesses of the models used and how best to reflect those in the valuation output.

                                  g) The Company must periodically review the model to determine the accuracy of its performance. Examples of periodic review include assessing the continued appropriateness of the assumptions, analysis of profit and loss versus risk factors and comparison of actual close out values to model outputs.

                                  h) The market valuation of the investment in real estate shall be performed as follows for the calculation of Admissible Assets:
                                   
                                  1. 1) One independent real estate firm shall perform the revaluation of the investment in real estate for investments worth less than AED 30 million.

                                  2. 2) Two independent real estate firms shall perform the revaluation of the investment in real estate for investment worth more than AED 30 million; the average of both valuations will be accounted for. If needed a third firm could be employed to perform the valuation in case the difference between the first two firms was more than 20% of the lowest valuation. Accordingly, the valuation will be calculated based on the average of the two firms negating the valuation with the largest of the three excluded.

                                  3. 3) The independent real estate firms should be a technical expert for valuation of investment in real estate.
                                     
                                  4. 4) The valuation of the real estate shall be performed by the Company at least annually or as required by the Authority.

                                  5. 5) The same independent real estate firm shall not be appointed for two consecutive periods to perform the valuation of the same estate. This restriction doesn’t apply to the government-based Land Department.

                                  6. 6) For real estate valuation purposes, the Company shall hire real estate firms accredited by at least two banks operating in the State or real estate experts licensed for this matter or the government-based Land Department.

                                  i) The discounted cash flow valuation of the investment in real estate shall be performed as follows for the purpose of calculating the Solvency Margin requirements:
                                   
                                  1. 1) Estimate the value of annual rental income over the expected life of the property, not to exceed thirty (30) years.
                                     
                                  2. 2) The total rental income per year shall be reduced to account for a reasonable vacancy rate for similar properties.
                                     
                                  3. 3) The total rental income per year shall not be increased in future years for inflation.
                                     
                                  4. 4) The annual rental income shall be discounted at the current risk free rate to determine the total cash flow valuation.
                                • Addendum (2)

                                  1. The policy on overall investment strategy shall cover, at least, the following elements:

                                    a) The investment objectives, both at Company and fund-specific levels;

                                    b) The risk and liability profiles of the Company;

                                    c) The strategic asset allocation, i.e., the long-term asset mix for the main investment categories, and their respective limits;

                                    d) The extent to which the holding of certain types of assets is restricted or disallowed, such as illiquid or highly volatile assets; and

                                    e) An overall policy on the usage of derivatives and structured products.
                                     
                                  2. The Company should have in place a Board of Directors (BOD) level Investment Committee. The Investment Committee should have its own charter, investment policy and guidelines approved by the BOD. The Investment Committee can act as a management committee with members of the Investment Committee being elected by the Board of Directors. Members can be executive directors, executive management or members of any of the committees established by the Board of Directors. At a minimum, the Investment Committee shall be responsible for:

                                    a) Establishing the investment strategy and policy for approval by the Board of Directors;

                                    b) Setting the investment guidelines;

                                    c) Reviewing / monitoring the investments;

                                    d) In conjunction with the Audit Committee, determining the scope of the rigorous audit procedures that include full coverage of the investment activities to ensure timely identification of internal control weaknesses and operating system deficiencies; and

                                    e) Assisting the Board of Directors in its evaluation of the adequacy and efficiency of the investment policies, procedures, practices and controls applied in the day-to-day management of its business through an audit report (either independent internal or external) that is to be submitted to the Audit Committee.
                                     
                                  3. Senior management is responsible for managing and reviewing the investment policies of the Company and reporting the same to the Investment Committee and Shari’a Committee. The function of senior management with the responsibility of executing the investment policy is to:

                                    a) Manage and review the investment policies of the Company and reporting the same to the Investment Committee;

                                    b) Ensure proper implementation of investment policies, procedures, practices and controls approved by the Investment Committee are applied in the day-to-day management of its business in accordance with the established levels of risk appetite;

                                    c) Provide timely and regular reporting to the Investment Committee of the Company’s investment activities;

                                    d) Establish adequate internal controls to ensure that assets are managed in accordance with approved investment policies, and in compliance with legal, accounting and relevant risk management requirements. These controls shall ensure that investment procedures are documented and subject to effective oversight; and

                                    e) Ensure adequate segregation of duties between execution, recording, authorization, reconciliation and related assurance activities.
                                     
                                  4. The Company shall establish adequate internal controls to ensure that assets are managed in accordance with approved investment policies, and in compliance with legal, accounting and relevant risk management requirements. These controls shall ensure that investment procedures are documented and subject to effective oversight. There shall be in place adequate segregation of duties between execution, recording, authorization, reconciliation and related assurance.
                                     
                                  5. The Company shall have in place audit procedures that include full coverage of the investment activities to ensure timely identification of internal control weaknesses and operating system deficiencies. If the audit is performed internally, it shall be independent and shall report to the Audit Committee, or its equivalent in the governance structure of Foreign Takaful operators.
                                     
                                  6. The Company shall consider the following, along with the supporting policies, procedures and infrastructure, when adopting internal controls:

                                    a) Identification of personnel who are responsible and accountable for all transactions involving sales and purchase of assets;

                                    b) Observations of restrictions on the empowerment of all parties to enter into any particular transaction. This will require close and regular communication with those responsible for compliance, legal and documentation issues in the Company;

                                    c) Agreement from all parties of a given transaction with the terms of the deal. Procedures for sending, receiving and matching confirmations shall be independent from the issuance and marketing functions of the Takaful insurance policies;

                                    d) Formal documentation is completed promptly;

                                    e) Positions are properly settled and reported, and any late payments or late receipts are identified;

                                    f) All transactions are carried out in conformity with prevailing market terms and conditions;

                                    g) Authority limits are strictly enforced and all breaches are reported and remedial actions are taken promptly;

                                    h) Independent checking of rates or prices and choice of rates shall not solely rely on dealers for rate/price information;

                                    i) Set out the process for recommending, approving, and implementing decisions; and

                                    j) Prescribe the frequency and format of reporting to relevant internal and external authorities.
                                     
                                  7. Appropriate procedures shall be in place to enable the Company to monitor the interaction of its assets and liabilities to ensure that exposure to asset classes is contained within limits approved by the Company. The Company must define the exposure limits. The Company must ensure that the exposure limits are within the limits defined in paragraph (1) of Article (3). Procedures shall include testing of sensitivity to realistic scenarios that are relevant to the circumstances of the Company.
                                     
                                  8. Appropriate procedures shall be in place to enable the Company to monitor the location of its assets and liabilities, so as to ensure that risk of localization mismatch is contained within limits approved by the Company. Procedures shall include testing of sensitivity to realistic scenarios, including political risk scenarios that are relevant to the circumstances of the Company.
                                     
                                  9. The Company shall consider asset and liability risks on an integrated basis. Systems shall not consider only risks taken in isolation, but shall consider how even when individual risks are addressed, combinations of circumstances may still expose the Company to loss. This is of particular relevance where a single outcome is exposed to more than one risk.
                                     
                                  10. In terms of Shari'a governance on investment, the Company shall put in place appropriate procedures to ensure investment portfolios are Shari'a-compliant including the process required in respect of returns from tainted / non-halal income. The roles of the Company Shari'a Committee shall be clearly spelled out to ensure the effectiveness of the Shari'a governance.
                                  • Addendum (3)

                                    1. Liquidity Risk

                                      a) The Company shall have access to sufficient liquidity to meet all cash outflow commitments to participants (and other creditors) as and when they fall due.

                                      b) The risk management system for liquidity risk will normally include at least the following:
                                       
                                      1. 1) Procedures to identify and control the level of mismatch between expected asset and liability cash flows under normal and stressed operating conditions (using realistic scenarios relevant to the circumstances of the Company);

                                      2. 2) Procedures to monitor the liquidity of assets;

                                      3. 3) Procedures to identify and monitor commitments to meet liabilities including Takaful liabilities;

                                      4. 4) Procedures to monitor the uncertainty of incidence, timing and magnitude of Takaful liabilities;

                                      5. 5) Procedures to identify and monitor the level of liquid assets held by the Company; and

                                      6. 6) Procedures to identify and monitor other sources of funding including Re-Takaful, borrowing capacity, lines of credit and the availability of intra-group funding, and to identify the need for such sources to be made available.

                                      c) When assessing its liquidity requirements the Company shall also consider the currency in which the assets and liabilities are denominated, and the locations in which those assets and liabilities are situated or payable.

                                      d) For the purposes of determining the adequacy of its overall financial resources, the Company must carry out appropriate stress testing and scenario analysis, including taking reasonable steps to identify an appropriate range of realistic adverse circumstances and events in which liquidity risk might occur or crystallize.

                                      e) The choice of scenarios that the Company uses will depend on the nature of its activities. For the purposes of testing liquidity risk, however, the Company shall normally consider scenarios based on varying degrees of stress and both Company-specific and market-wide difficulties.

                                      f) The Company shall review frequently the assumptions used in stress testing scenarios to gain assurance that they continue to be relevant.
                                       
                                    2. Credit Risk
                                      The Company faces Credit risk whenever it is exposed to loss if another party fails to perform its financial obligations to the Company, including failing to perform them in a timely manner. This also includes the impact on investments of credit rating downgrades and widening of credit spreads. Credit exposures can increase the risk profile of a Company and adversely affect financial viability. Credit exposure includes both on-balance sheet and off-balance sheet exposures (including guarantees, derivative financial instruments and performance related obligations) to single and related counterparties.

                                      The risk management system for credit risk will normally include at least the following:

                                      a) Credit Risk Limits (at the minimum as defined in Article (3) for credit exposures to:
                                       
                                      1. 1) Single counterparties and groups of related counterparties;

                                      2. 2) Entities to which the Company is related;

                                      3. 3) Single industries; and

                                      4. 4) Single geographic locations.

                                      b) Processes to monitor and control credit exposures against pre-approved limits.

                                      c) Processes for identifying breaches of limits and for ensuring that breaches of limits are brought within the pre-approved limits within a set timeframe.

                                      d) Processes for reducing or cancelling limits to a particular counterparty where the counterparty is known to be experiencing problems.

                                      e) Processes for approving requests for temporary increases in limits.

                                      f) Processes to review credit risk exposures (at least annually but more frequently in cases where there is evidence of deterioration in credit quality).

                                      g) A management information system that is capable of aggregating exposures to any one counterparty (or group of Related counterparties), asset class, industry or region in a timely manner.

                                      h) A process for reporting to the Board of Directors and senior management.
                                       
                                      1. 1) Significant breaches of limits; and

                                      2. 2) Large exposures and other credit risk concentrations.
                                       
                                    3. Market Risk

                                      a) Market risk includes equity risk, foreign exchange (FX) risk, commodity risk and yield rate risk.

                                      b) The risk management system for market risk will normally include at least the following:
                                       
                                      1. 1) Procedures to document its policy for market risk, including its risk appetite and how it identifies, measures, monitors and controls that risk;

                                      2. 2) Procedures to document its asset and liability recognition policy. Documentation shall describe the systems and controls that it intends to use to comply with the policy; and

                                      3. 3) Procedures to establish and maintain risk management systems to identify, measure, monitor and control market risk (in accordance with its market risk policy), and to take reasonable steps to establish systems adequate for that purpose.
                                    • Addendum (4)

                                      1. Investment in derivatives must contribute to a reduction of investment risks or facilitate efficient portfolio management and such investments must be valued on a prudent basis, taking into account the underlying assets, and included in the valuation of the Company's assets. Investments in derivatives should be restricted to hedging purposes only.
                                         
                                      2. The Company must avoid excessive risk exposure to a single counterparty and to other derivative operations.
                                         
                                      3. Prior to undertaking any derivative transactions, the Board of Directors of the Company is expected to ensure that:

                                        a) It understands the scope and nature of derivative activities to be undertaken;

                                        b) The derivative transactions are consistent with the investment and risk management policies of the Company;

                                        c) Approved policies, systems and procedures that are commensurate with the level and nature of derivative activities to be undertaken by the Company are in place and have been clearly communicated to all levels of staff concerned; and

                                        d) The Company has appropriate resources (e.g., competent, capable and qualified personnel), capacity and adequate infrastructure to effectively manage and monitor derivative positions.
                                         
                                      4. The Company shall ensure that controls over derivatives and other investment instruments have been implemented and are adequate to ensure that risks are properly assessed, regularly reviewed in the light of changing market conditions and experience, and consistent with the overall investment strategy decided upon and approved by the Company.
                                         
                                      5. The senior management of the Company shall put in place a written risk management policy, approved by the Board of Directors. In respect of derivative activities, the risk management policy shall cover the following primary components of risk management practices:

                                        a) The purpose for which derivatives may be used;

                                        b) The scope and types of permitted derivatives, including the risk tolerance level in respect of its derivative activities;

                                        c) Procedures for the proper authorization of any change in significant risk management policies or procedures;

                                        d) Procedures on authorization of new derivative products for use by the Company;

                                        e) Restrictions on counterparties with whom derivative transactions may be executed;

                                        f) Details on persons authorized to enter into derivative transactions and limits of authority;

                                        g) Clear lines of responsibility for the monitoring and management of the Company’s derivative positions;

                                        h) Procedures for regular reporting to senior management and the Board of Directors on derivative activities; and

                                        i) A provision for periodic review by the Board of Directors and senior management of the Company’s risk management policy to gauge its effectiveness in managing risk exposures and to ensure that the policy remains consistent with the Company’s corporate strategies and financial and management capabilities, particularly in the light of changing circumstances.
                                      • Addendum (5)

                                        1. The Company must establish comprehensive policies and procedures to govern the strategic investment policy of any outsourced Takaful funds, establish an effective risk management system to monitor and continuously assess material risks, and for the Takaful funds to be segregated and not co-mingled with other funds managed by the outsourced entity. The Company must regularly monitor the performance of the outsourced entity, at least quarterly, and take appropriate actions if the investment performance of the outsourced entity would adversely affect the investment returns to participants or their reasonable expectations cannot be achieved.
                                           
                                        2. For this purpose, the Company must ensure that adequate expertise and resources are retained in-house to support the monitoring function of the outsourced entity. The Company must ensure that, under the terms of the contract, they regularly receive sufficient information to evaluate the compliance of the outsourced entity with the investment mandate. The Board of Directors of the Company shall continue to be accountable to manage the risks arising from the outsourcing arrangements. The Company shall also remain responsible for the fiduciary duty and professional aspects of the outsourced activity.
                        • Section (2) Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund – Takaful

                          • Article (1) – Minimum Capital Requirement

                            The Minimum Subscribed and Paid Up Capital of each Company should not be less than the following:

                            1. AED 100 million for Takaful operators.
                            2. AED 250 million for Re-Takaful operators.
                          • Article (2) – Minimum Guarantee Fund

                            1. The Minimum Guarantee Fund shall not be at any point in time less than (1/3) of the Solvency Capital Requirement.
                               
                            2. The Minimum Guarantee Fund shall be calculated based on a minimum amount of funds required to support each type of business written by the Company. The minimum funds for each type of business shall include an absolute minimum and a percentage of net earned premium or similar measure, whichever is greater, as determined by the Authority.
                          • Article (3) – Group Capital Adequacy

                            1. A Group consists of Takaful or Re-Takaful operators and any other regulated entities where the Group owns 100% of the companies' shares or a controlling interest (as per IFRS) of the companies' shares.
                               
                            2. The Group capital requirement is the sum of the capital requirements calculated on the consolidated Takaful operators/branches and capital requirements of other regulated entities.
                          • Article (4) – Solvency Margin

                            1. The solvency template developed by the Authority shall be based on following principles:

                              a) The Solvency Capital Requirement shall be calculated on the presumption that the Company will pursue its business as a going concern.

                              b) The Solvency Capital Requirement shall be calibrated so as to ensure that all quantifiable risks to which each Company is exposed are taken into account. It shall cover existing business, as well as the new business expected to be written over the following twelve (12) months. It shall correspond to the Value-at-Risk of the Basic Own Funds of a Company subject to a confidence level of 99.5 % over a one year period.

                              c) The Solvency Capital Requirement should cover the following risks:
                               
                              1. 1) Underwriting risk;

                              2. 2) Market and Liquidity (Investment) risk;

                              3. 3) Credit risk; and

                              4. 4) Operational risk.

                              d) The Solvency Capital Requirement for the Company are the solvency level of all its Participants’ Risk Funds and Shareholders Funds. The solvency level for all Participants’ Risk Funds (PRF) shall be consistent with the overall risk profiles mentioned in subparagraph (c).

                              e) The Solvency Capital Requirement for a Company is determined in accordance with the guidelines set above for Participants’ Risk Funds and Shareholders Funds, in addition to:
                               
                              1. 1) A reserve for Participants’ Risk Funds shall have adequate solvency resources to provide assurance that it could meet claims from the Takaful participants.

                              2. 2) Adequate capital resources are maintained for shareholders to meet their financial and legal obligations. This is in addition to funds kept aside for meeting the requirements of deficiencies in PRFs.

                              3. 3) The entire Shareholders’ Funds shall be made available to provide Qard Hasan in case of a deficit in the Participants’ Risk Funds.

                              4. 4) The expected impact of fluctuations in the value of assets and liabilities must be carried out taking into account by the shareholders of the funds to cover the deficit in solvency calculations required for the risk involved.

                              5. 5) The collected funds set aside by the shareholders to provide for the deficiency in solvency for the Participants’ Risk Funds shall take into consideration the foreseeable fluctuations in asset and liability valuations. The assets earmarked for Qard Hasan needs to be accounted for separately and be valued for solvency as per the guidelines on asset valuation detailed in Asset Valuation Instructions.

                              6. 6) The right to receive repayment toward Qard Hasan provided to the Participants’ Risks Funds shall not be considered an asset toward calculating the shareholders solvency.

                              f) If the Participants’ Investment Fund is relating to a Family linked investment fund, this fund shall not be taken into consideration in assessing the Solvency Capital Requirement of various Participants’ Risk Funds in a Company.
                               
                            2. The Company is required to calculate their Solvency Margin based on the solvency template developed, and amended from time to time, by the Authority.
                               
                            3. The Solvency Capital Requirement shall be calculated as follows:

                              a) At the UAE level only for branches of foreign Takaful and Re-Takaful operators;

                              b) At the group level for local Takaful and Re-Takaful operators having branches or subsidiaries outside the UAE; and

                              c) At the UAE level only for all other Takaful and Re-Takaful operators.
                               
                            4. For the purpose of solvency reporting, the Authority may:

                              a) Determine the nature, scope and format of the information required for solvency, based on certain frequencies as follows:
                               
                              1. 1) On an annual basis;

                              2. 2) On a quarterly basis;

                              3. 3) Upon occurrence of predefined events; and

                              4. 4) During enquiries regarding the situation of the Company.

                              b) Obtain any information regarding contracts which are held by intermediaries or regarding contracts which are entered into with third parties; and

                              c) Require information from external experts.
                          • Article (5) – Risk Assessment and Evaluation of Solvency in Main Areas of Risk

                            1. When assessing risks and solvency, the Company needs to take into account mainly the following risks: Underwriting Risk, Market and Liquidity (Investment) Risk, Credit Risk and Operational Risk.
                               
                            2. Further guidance on risk assessment and evaluation of solvency in main risk areas in Addendum (1) of the regulations herein shall be applied.
                          • Article (6) – Risk Management System

                            1. The Company shall have in place a documented risk management framework and strategy, risk management policies and procedures, and allocated responsibilities and controls.
                               
                            2. The Company shall establish a stress testing framework and policy.
                               
                            3. Further guidance on the risk management system and framework in Addendum (2) of the regulations herein shall be applied.
                          • Article (7) – Own Funds

                            1. Own Funds shall consist of the sum of Basic Own Funds and Ancillary Own Funds.
                               
                            2. Basic Own Funds shall consist of the following items:

                              a) The excess of Admissible Assets over liabilities (surplus), which shall be reduced by the amount of Treasury shares held by the Company.

                              b) Subordinated liabilities (group level debt in a holding company with the prior approval of the Authority).
                               
                            3.  Ancillary Own Funds shall consist of items other than Basic Own Funds which can be called up to absorb losses, with the prior approval of the Authority. Ancillary Own Funds may comprise the following items to the extent that they are not Basic Own Funds items:

                              a) Unpaid share capital or initial fund that has not been called up;

                              b) Letters of credit and guarantees; and

                              c) Any other legally binding commitments receivable by the Company.
                               
                            4. In case of a Company with variable contributions, Ancillary Own Funds may also comprise any future claims which that Company may have against its members by way of a right to call for supplementary contribution, within the following twelve (12) months.
                               
                            5. Where an Ancillary Own Funds item has been paid in or called up, it shall be treated as an asset and cease to form part of Ancillary Own Funds items.
                               
                            6. At least 100% of the Minimum Capital Requirement should be met by the Basic Own Funds.
                               
                            7. At least 100% of the Solvency Capital Requirement and Minimum Guarantee Fund should be met by the Own Funds, which is calculated as the Basic Own Funds plus only 50% of the Ancillary Own Funds.
                          • Article (8) – Maintenance of Solvency Margin

                            1. The Company shall at all times comply with the requirements of the Solvency Margin, which means maintaining Own Funds as per Article (7) above for the largest of the following:

                              a) Minimum Capital Requirement;

                              b) Minimum Guarantee Fund; and

                              c) Solvency Capital Requirement.
                               
                            2. The Company shall immediately report to the Authority the event of non-compliance with maintaining the Minimum Capital Requirement or Solvency Capital Requirement. In this case, the Company shall submit a realistic recovery plan to re-establish the level of Own Funds covering the Minimum Capital Requirement or Solvency Capital Requirement for approval by the Authority within thirty (30) days from the date of submitting the report. The recovery plan must achieve compliance with the Minimum Capital Requirement or Solvency Capital Requirement within six (6) months of the date of observation of non-compliance with the Minimum Capital Requirement or Solvency Capital Requirement.
                               
                            3. The Company shall immediately report to the Authority the event of non-compliance with maintaining the Minimum Guarantee Fund. In this case, the Company shall submit a realistic recovery plan to re-establish the level of Own Funds covering the Minimum Guarantee Fund for approval by the Authority within thirty (30) days from the date of submitting the report. The recovery plan must achieve compliance with the Minimum Guarantee Fund within three (3) months of the date of observation of non-compliance with the Minimum Guarantee Fund.
                               
                            4. In the event of non-compliance with either the Minimum Guarantee Fund or Solvency Capital Requirement, the Company shall submit a progress report to the Authority every thirty (30) days following the approval of the recovery plan and until such time that the recovery plan has been realized.
                               
                            5. In the event of non-compliance with the Minimum Capital Requirement, the Company shall submit progress reports based on the timing approved by the Authority until such time that the recovery plan has been realized.
                               
                            6. In the event of exceptional circumstances, the Authority may extend the recovery period by three (3) months, if appropriate.
                               
                            7. In the event that the Company is unable to re-establish the level of Own Funds or fails to show significant progress in re-establishing the level of Own Funds to meet the Solvency Margin within the period identified by the Authority, or in other exceptional circumstances at the discretion of the Authority, the Director General will raise the concern to the Board of the Authority to take the necessary actions in that regard as per the Law’s stipulations.
                          • Article (9) – Reporting Requirements for Solvency

                            1. The Company shall submit to the Authority the solvency template and related information on an annual basis in relation to solvency, including the validation certification of the solvency template by the Actuary and the External Auditor and endorsed by the Chairman of the Board of Directors and submit it to the Authority within a period not exceeding (4) months from the fiscal year end. The report should arrive at the Authority no later than (30) days prior to the invitation to the General Assembly.
                               
                            2. The Company shall submit to the Authority a report regarding the Solvency Capital Requirement certified by the Actuary on a quarterly basis, within a period of (45) days from the quarter end.
                          • Article (10) – Reporting Requirements for Financial Condition Report

                            1. When required by the Authority, the Company shall submit to the Authority a Financial Condition Report (FCR) which is certified by the Actuary and endorsed by the Chairman of the Board of Directors. The requirements of the FCR should include, but is not limited to, the following which could be required separately or as a single complete report:

                              a) An actuarial certification of the Technical Provisions as per Section (3), Article (5) (Regulations Pertinent to the Basis of Calculating the Technical Provisions);

                              b) A risk-based analysis of its investment portfolio, strategy and management process as per Section (1), Article (10) (Regulations Pertinent to the Basis of Investing the Rights of Participants – Takaful);

                              c) An analysis of the Solvency Capital Requirement as per paragraph (1), Article (9) above;

                              d) Evaluation of its Re-Takaful structure and management process;

                              e) A risk-based analysis of the underwriting policies and procedures of the Company;

                              f) Evaluation of the pricing policies and procedures of the Company; and

                              g) Evaluation of the Enterprise Risk Management policies and procedures of the Company.
                          • Article (11) – Limits for assets to be considered for Solvency

                            The Admissible Assets to be considered towards the calculation of solvency shall be valued as follows:

                            1. The admissible value of all the invested assets shall be restricted as per the limits defined in the Regulations Pertinent to the Basis of Investing the Rights of the Participants - Takaful.
                               
                            2. The admissible value of all other assets shall be as required by the Authority.
                          • Article (12) – Addendums

                            The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                            • Addendums to Section 2 Solvency Margin and Minimum Guarantee Fund - Takaful

                              • Addendum (1)

                                Risk Assessment and Evaluation of Solvency in Main Areas of Risk

                                1. Underwriting Risk

                                  a) The Family Takaful underwriting risk module in the solvency template reflects the risk arising from insurance of persons’ and fund accumulation obligations, in relation to the perils covered and the processes used in the conduct of business. The module calculates the Solvency Capital Requirement for underwriting risks based on a factor of capital at risk and technical provisions adjusted for Re-Takaful.

                                  b) The Property and Liability Takaful underwriting risk reflects the risk arising from property and liability insurance obligations, in relation to the perils covered and the processes used in the conduct of business. The module calculates the Solvency Capital Requirement in the template based on a higher factor of gross contribution or technical provisions adjusted for Re-Takaful.
                                   
                                2. Market and Liquidity (Investment) Risk

                                  The market risk shall reflect the risk arising from the level or volatility of market prices of financial instruments which have an impact upon the value of the assets and liabilities of the Company. It shall properly reflect the structural mismatch between assets and liabilities, in particular with respect to the duration thereof. In the template, the Solvency Capital Requirement for this module is calculated as a combination of the capital requirements for the following sub-modules:

                                  a) The sensitivity of the values of assets, liabilities and financial instruments to changes in the term structure of yield rates, or in the volatility of yield rates (yield rate risk);

                                  b) The sensitivity of the values of assets, liabilities and financial instruments to changes in the level or in the volatility of market prices of equities (equity risk);

                                  c) The sensitivity of the values of assets, liabilities and financial instruments to changes in the level or in the volatility of market prices of real estate (real estate risk);

                                  d) The sensitivity of the values of assets, liabilities and financial instruments to changes in the level or in the volatility of credit spreads over the risk-free yield rate term structure (spread risk); and

                                  e) Additional risks to a Company, either stemming from lack of diversification in the asset portfolio, or from large exposure to default risk by a single issuer of securities or a group of related issuers (concentration risk).
                                   
                                3. Credit Risk

                                  The counterparty default risk module in the template reflects possible losses due to unexpected default, or deterioration in the credit standing of the counter-parties and debtors of the Company. The counterparty default risk covers reinsurance arrangements, securitizations and derivatives, cash at bank, cash equivalent, other deposits, unpaid but called up capital, guarantees, letter of credit and receivables from intermediaries and participant loans.
                                   
                                4. Operational Risk

                                  The capital requirement for operational risk shall reflect operational risks to the extent they are not already reflected in other risk components. That requirement shall be calibrated to ensure that all quantifiable risks to which a Company is exposed are taken into account. The template calculates the capital based on a higher factor of earned contributions or technical provisions.
                                • Addendum (2)

                                  1. Risk Management is defined as the process of identification, evaluation and economically effective mitigation of past, present or future events or their impact that cause a Company to deviate from its stated objectives whether positively or negatively. These events can impact both the asset and liability side of the Company’s balance sheet, the Company’s profit and loss account, its cash flows, its earning capacity, profitability, ability to continue as a going concern, reputation and its intellectual and technological capital.
                                     
                                  2. Risk management should be well integrated into the organizational structure and decision making processes and should include the following:

                                    a) A clear Risk Appetite set by the Board of Directors;

                                    b) An entity-wide assessment of risks across all risk types, including emerging risks; and

                                    c) Management information that is timely, consistent and accurate and used for internal and external reporting.
                                     
                                  3. The nature and extent of the systems and controls which a Company needs to maintain will depend upon a variety of factors including:

                                    a) The nature, size and complexity of its business;

                                    b) The diversity of its operations, including geographical diversity;

                                    c) Past experience and historical performance;

                                    d) The volume and size of its transactions; and

                                    e) The degree of risk associated with each area of its operations.
                                     
                                  4. The Company shall regularly review its management of risk in the context of relevant internal and external factors and changes in these factors.
                                     
                                  5. The risk management strategy shall cover not only the identification, assessment, control and monitoring of risks but also contingency plans to deal with risks should they materialize, or adverse developments in important areas of risk. This will be augmented by stress and scenario testing tailored to the risk characteristics of the Company including:

                                    a) The Company shall have in place an effective risk management framework consisting of strategies, processes and reporting procedures necessary to identify, measure, monitor, manage and report the risks on a continuous basis, at an individual and at an aggregated level, to which they are or could be exposed, as well as their interdependencies. The risk management system shall be effective and well integrated into the organizational structure and in the decision-making processes of the Company with proper consideration of the persons who effectively run the Company or have other key functions.

                                    b) The risk management system shall cover the risks to be included in the calculation of the Solvency Capital Requirement, namely:

                                    1. 1) Underwriting Risk;

                                    2. 2) Market and Liquidity (Investment) Risk;

                                    3. 3) Credit Risk; and

                                    4. 4) Operational Risk.

                                    c) Moreover it shall cover the risks which are not or not fully included in the calculation thereof. The risk management system shall cover at least the following areas:
                                     
                                    1. 1) Underwriting and reserving;

                                    2. 2) Asset–liability management;

                                    3. 3) Investment, in particular derivatives and similar commitments;

                                    4. 4) Liquidity and concentration risk management;

                                    5. 5) Operational risk management; and

                                    6. 6) Reinsurance and other risk-mitigation techniques.

                                    d) With regard to investment risk, the Company shall demonstrate that it complies with the “prudent person” principle in addition to adherence to Section (4) of these regulations (Determining the Company’s assets that meet the accrued insurance liabilities).

                                    e) The Company shall establish a risk management function which shall be structured in such a way as to facilitate the implementation of the risk management system.
                        • Section (3) Regulations Pertinent to the Basis of Calculating the Technical Provisions - Takaful

                          • Article (1) – Types of Technical Provisions

                            The Company shall establish the required technical provisions to meet its obligations towards participants and their beneficiaries, including:

                            1. Unearned Contribution Reserves
                               
                            2. Unexpired Risk Reserves
                               
                            3. Outstanding Loss Reserves
                               
                            4. Incurred But Not Reported Reserves
                               
                            5. Allocated Loss Adjustment Expense and Unallocated Loss Adjustment Expense Reserves
                               
                            6. Mathematical Reserves
                          • Article (2) – Technical Provisions

                            With regard to Article (6) of Section (1) in these Regulations Pertinent to the Basis of Investing the Rights of the Participants – Takaful, investments equivalent to the total technical provisions for all Takaful policies issued inside the UAE shall be maintained as follows:

                            1. Investments equivalent to the sub-total of the Technical Provisions in paragraphs (1), (2) and (6) of Article (1) above (excluding unit-linked funds’ related technical provisions), gross of Re-Takaful, shall be maintained in the UAE.
                               
                            2. Investments equivalent to the sub-total of the Technical Provisions in paragraphs (3), (4) and (5) of Article (1) above (excluding unit-linked funds’ related technical provisions), net of Re-Takaful, shall be maintained in the UAE.
                          • Article (3) – Calculation of Technical Provisions

                            1. Unearned Contribution Reserve (UPR) / Unearned Risk Reserve (URR)

                              a) The Unearned Contribution Reserve (UPR) shall be calculated linearly (Pro rata basis calendar year from the date of risk inception). Taking into consideration the UPR for Marine Insurance (Cargo - Individual Shipment Only) to be calculated separately as per subparagraph (e) of this Article below.

                              b) Where the pattern of the risk over the policy period is clearly non-uniform (e.g., in the case of Engineering Business where the risk usually increases with time) and where reflection of such un-uniformity in the Unearned Contribution Reserve calculation would result in a larger reserve, then a larger reserve should be provided. The Actuary should determine which Unearned Contribution Reserve method to use in this instance, with reference to the risk profile of the business.

                              c) If a Company considers its UPR as inadequate to cover the future liabilities, it should create an Unexpired Risk Reserve (URR) at the line of business level to cover the shortfall in the unearned contribution reserve in each line of business. The Unearned Contribution Reserve is mandatory but any URR shall be created as needed by line of business. The calculation of the URR should include consideration of the cost of capital or other profit loadings.

                              d) In case of the date of initiation of a policy being different from the date of initiation of risk, the UPR should be calculated on a pro-rata basis from the date of initiation of risk.

                              e) The UPR is to be provided as a minimum of 25% of the total contributions for the year for Marine Insurance (Cargo) (Individual Shipment only). However, should the Actuary be able to justify to the Authority that a lower percentage is more appropriate given the risk profile of the marine polices, then the lower percentage can be used supported by Authority approval.

                              f) Actuarial certification shall be required in case of UPR and URR on an annual basis at the minimum.
                               
                            2. The Outstanding Loss Reserve (OSLR or case reserves) shall be calculated for each claim reported but outstanding as on the reporting date by the Company. The Actuary shall assess the OSLR based on the overall portfolio by each Line of Business.
                               
                            3. Incurred But Not Reported (IBNR)

                              a) IBNR shall be provided for all short term products (all Property and Liability Takaful products and one year Family Takaful and Fund Accumulation products).

                              b) The Actuary shall certify the adequacy of the aggregate Outstanding Loss Reserve (OSLR) and IBNR. In doing so the Actuary shall consider the requirement of providing for any loss adjustment expenses as noted in paragraph (4) of this Article. Such certification shall be carried out on an annual basis at the minimum.

                              c) IBNR should be calculated according to the Addendum (1) of the herein regulations.
                               
                            4. Allocated Loss Adjustment Expense (ALAE) & Unallocated Loss Adjustment Expense (ULAE) Reserves

                              a) ALAE shall be provided for Property and Liability Takaful short term products as well as Family Takaful and Fund Accumulation short term products. The ALAE reserves can be grouped with the loss reserves (OSLR and IBNR) or accounted separately.

                              b) ULAE shall be provided for Property and Liability Takaful short term products as well as Family Takaful and Fund Accumulation short term products. The ULAE reserves must accrue for all claims handling expenses not included in ALAE.

                              c) The Actuary shall certify the adequacy of the aggregate ALAE and ULAE as part of the certification of the overall technical provisions. Such certification shall be carried out on an annual basis at the minimum.
                               
                            5. Mathematical Reserve

                              a) Mathematical Reserve shall be provided for all operations related to insurance of persons and Fund Accumulation. An actuarial certification on Mathematical Reserve is required at least annually to be submitted to the Authority.

                              b) Mathematical Reserve should be calculated according to the Addendum (2) of the herein regulations.
                               
                            6. Appropriate credit for Re-Takaful should be computed for all the above reserves, so that the Technical Provisions are calculated both gross and net of all applicable Re- Takaful.
                          • Article (4) – Actuarial Requirements for Technical Provisions

                            The following provisions apply to the actuarial requirements for technical provision:

                            1. The Board of Directors shall appoint an Actuary who is registered by the Authority. The Company should inform the Insurance Authority of the Actuary appointed and any subsequent change to the Actuary with reasons for change to be notified to the Authority.
                               
                            2. The Actuary shall review and approve the Company’s Technical Provisions, both gross and net of Re-Takaful.
                               
                            3. The Actuary shall assess the quality of the data which is used for the calculation of the Technical Provisions to ensure it is appropriate for the purpose of calculating the Technical Provisions. The responsibility for ensuring the accuracy of the data lies with the management of the Company.
                            4. The Actuary shall be professionally liable for the advice and technical services provided to the Company.
                               
                            5. The Actuary shall provide the Insurance Authority with an annual report that presents the immediate or future risks facing the Company. The Actuary's report can cover any aspect, which in the Actuary's opinion constitutes a contravention of the insurer's ability or prejudices the insurer's ability to meet its liabilities and capital adequacy currently or in the future.
                               
                            6. An External Auditor shall review the actuarial reports that present immediate or future risks facing the Company, and provide their opinion on the risks mentioned in the actuarial report to the Authority.
                          • Article (5) – Reporting Requirements to the Authority

                            1. The Company shall report quarterly to the Authority the details of the Technical Provisions which is certified by the Actuary and authenticated by the External Auditor within a period of forty-five (45) days from the quarter end; and
                               
                            2. The Company shall submit annually to the Authority a report on the details of the Technical Provisions which is certified by the Actuary, authenticated by the External Auditor and endorsed by the Chairman of the Board of Directors. The timeline for the annual submission of the Technical Provisions will be at the same time as the submission of the audited annual financial results.
                          • Article (6) – Addendums

                            The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                            • Addendums to Section 3 Basis of Calculating the Technical Provisions - Takaful

                              • Addendum (1)

                                When calculating the Incurred But Not Reported (IBNR) provisions the following should be considered:

                                1. There shall be sufficient data available with the Company to facilitate the IBNR calculation. The Company’s management shall be responsible to certify the completeness, appropriateness and accuracy of the insurance data to be used for the calculation of the IBNR.
                                2. The Company will use actuarial methods that are applicable depending on size, scale and complexity of business. The Actuary shall provide adequate explanation to the methods adopted and the methods should be consistent from year to year. In case the Actuary decides to change the methods previously adopted and this methodology change has a material impact on results, sufficient explanation on the reason and impact needs to be provided to the Authority. The Authority reserves the right to ask for additional explanation and information for the change in methods adopted.

                                  Estimation of Incurred But Not Reported provisions (IBNR)
                                1. These instructions are relevant to determination of IBNR provisions for direct insurance and facultative reinsurance accepted business. Estimation of IBNR provisions on treaty accepted and Excess of Loss accepted business may require other methods more appropriate to the nature of the portfolio and its claims development pattern. Likewise, estimation of IBNR provisions for specialized business such as credit guarantee insurance may require other methods more appropriate to the nature of the business.
                                   
                                2. In these instructions, the term IBNR covers both provisions for claims not yet reported (Incurred But Not Yet Reported or IBNYR) as well as incomplete provisions for reported claims (Incurred But Not Enough Reported or IBNER). It is not necessary to establish separate provisions for IBNYR and for IBNER so long as the method(s) used will take into account both elements.
                                   
                                3. The method stated in these instructions is the “preferred method” and is generally suitable to estimate the IBNR provision. If the Actuary considers the method stated in these instructions to be not suitable, he should set out the reasons for such conclusion and provide justification for the alternative method(s) proposed to be used, being considered more appropriate. Where the method(s) used is not one of the well-known methods, the Actuary should also describe the method(s) and the underlying assumptions in that method(s).
                                   
                                4. All mathematical methods of estimation are based on a set of assumptions. So, the validity of the assumptions underlying the method proposed to be used should be fully set out and validated sufficiently to lend credibility to the exercise.
                                   
                                5. Calculation of the provision for IBNR should be done separately for each year of occurrence or year of underwriting and the figures should be aggregated to arrive at the total amount to be provided.
                                   
                                6. The calculation of the ALAE provision can be included with the loss provision, but when calculated separately the same level of detail in terms of method(s) used, validation of assumptions, estimation by year, etc. as described above for loss provisions should be done for the ALAE provisions. The calculation of the ULAE provision is generally done with simpler, yet actuarially sound, methods.

                                  Examination and validation of basic data
                                1. The Actuary should apply such checks as practically possible to assess the quality and completeness of the data to improve the accuracy of the IBNR provision estimates.
                                   
                                2. Data should be examined separately for each of the classes set out in the instruction notes. If data of any class is aggregated with data for another class, care should be taken to see that the two classes are homogeneous in nature.
                                   
                                3. The Actuary should examine the changes in underwriting policy over the period of observation and in particular, the changes made in current underwriting policy. The impact of such changes on the claims development pattern and claims ratio should be estimated if appropriate.
                                   
                                4. The Actuary should examine the development of contributions written over recent years. If the average level of deductible has undergone material change over the recent years, its impact on the claims development pattern should be taken into account.\
                                   
                                5. The compilation of data on an underwriting period basis instead of a period of occurrence (accident period) basis may be proposed in some cases. Where this basis is followed the Actuary should support the reason for change of basis on objective reasons.

                                Claims handling

                                1. A detailed review of the claims handling practices should be conducted. Where material changes are identified, their impact on the claims development pattern should be taken into account.
                                   
                                2. Each claim is to be recognized upon occurrence of the insured event. The way this is implemented in practice may differ from one company to another, but it should include various claim transactions and reserves for the estimated liability on a case by case basis (case reserves). The impact of inadequate provision for claims on claims development can be significant and should be taken into account.
                                   
                                3. In addition to recognition of claims, which the Takaful operator follows to determine the provision to be made and the mechanism to review such provision, the Takaful operator has the responsibility toward having prompt and fair settlement related to the claims. The Takaful operator may sell or accept the collectable returns as a part of the settlement and include the practice of downsizing the claims provision in cases where there has been no movement in the claim over a certain period, which may be important factors in claims development.
                                   
                                4. The Company should consider that claim development patterns can be materially affected by the occurrence of unusual events over the period of observation such as:

                                  a) Individual large claims;

                                  b) Catastrophic events causing a large number of claims;

                                  c) Changes in Law affecting the incidence and size of claims;

                                  d) Impact of external factors on the average size of claims; and

                                  e) Judicial changes related to accrued compensation.
                                   
                                5. When estimating IBNR after adjustment for reinsurers’ share, note should be taken of any changes in reinsurance protections and changes in size of retentions over recent years.

                                Claims cost trends

                                1. In order to make adequate adjustment for trends, the following aspects should be studied:

                                  a) Composition of portfolio;

                                  b) External factors such as economic environment, inflation, changes in legal, political or social conditions;

                                  c) The underwriting policy of the Takaful operator; and

                                  d) Changes in the Takaful operator’s claim settlement practices.
                                   
                                2. A significant indicator of claims experience trends is the frequency of claims occurrence and the average size per claim paid and per claim outstanding. These should be studied and any variations observed should be looked into.

                                Test of credibility

                                1. To ensure completeness of IBNR provision estimation, tests of credibility for the results produced should be applied including, evaluating the frequency of claims occurrence, ultimate incurred loss ratios, average cost per claim paid and per claim outstanding, etc.
                                   
                                2. It is generally inappropriate to accept any negative values for the IBNR provision in total. To avoid such a situation, estimation of IBNR should be made separately for each year of occurrence. Negative values of IBNR for any year can be allowed where it is actuarially justified based on the nature of the risk, claims practices and historic development trends. The actuary must include a detailed description of the reasons for including negative IBNR in total for any type of business. While negative IBNR in total for a type of business may be appropriate if actuarially justified and documented, the negative IBNR shall not be an Admissible Asset.
                                   
                                3. An essential check on the credibility of the estimation exercise is to see how the claims developed during the preceding twelve months as compared to the projection and estimation made last year. The outstanding claims provision and provision for IBNR made at the last Balance Sheet date should be compared with the aggregate of claims paid during the year, claims outstanding and the provision for IBNR at the end of the current year, for the years of occurrence up to and including the date of the last Balance Sheet.
                                   
                                4. When estimation methods produce less reliable results for the most recent years, the results for the more recent years may need to be revised based on the Actuary’s knowledge of the business and the Company’s portfolio.
                                • Addendum (2)

                                  Calculation of the Mathematical Reserve

                                  1. The Mathematical Reserve is to be determined separately for each insurance contract by a prospective method of valuation in accordance with the instructions below.
                                     
                                  2. The valuation method shall take into account all prospective contingencies under which any contributions (by the participant) or benefits (to the participant/beneficiary) may be payable under the policy, as determined by the policy conditions. The level of benefits takes into account the reasonable expectations of participants (with regard to bonuses, including terminal bonuses, if any) and any established practices of the Company for payment of benefits.
                                     
                                  3. The estimated amount of liability under each policy shall be determined based on prudent assumptions of all relevant parameters and in line with global actuarial standards. The value of each such parameter shall be based on the Company’s expected experience and shall include an appropriate margin for adverse deviations that may result in an increase in the amount of the mathematical reserve.
                                     
                                  4. In case of a negative reserve, the Actuary shall set the amount of such mathematical reserve at zero, or to the guaranteed surrender value in case of such guaranteed surrender value deficiency reserve, as the case may be. For unit-linked business, the mathematical reserve may be negative, but the Actuary shall set the mathematical reserve to a level so that the sum of the mathematical reserve and the unit reserve is at least as large as the guaranteed surrender value.
                                     
                                  5. The Actuary shall not make allowance for any future lapse, surrender, making paid-up or revival of a contract where such an allowance would result in a decrease in the liability in respect of that contract.
                                     
                                  6. The Actuary shall take into account vested, declared or allotted bonuses or other forms of participation to which participants are already either collectively or individually contractually entitled.
                                     
                                  7. The Actuary shall take into account discretionary charges and deductions from Policy Benefits, in so far as they do not exceed the reasonable expectations of participants.
                                     
                                  8. The Actuary shall take into account expenses, including commissions. The expenses shall take either implicit or explicit account of future increases considered likely in expenses for existing business based on prudent assumptions as to the future rates of changes in prices and earnings.
                                     
                                  9. Consideration shall be given to the impact of selective withdrawals in the allowance for future expenses, particularly where the allowance is not assessed on a per policy basis.
                                     
                                  10. Explicit allowance for future expenses is required for all contracts under which no future contributions are receivable where these are not provided by disclosed margins in the valuation rate of yield.
                                     
                                  11. Proper provision must be made for claims handling expenses, directly or indirectly. This is particularly relevant to classes of business such as permanent health insurance where these expenses are likely to be significant.
                                     
                                  12. Where a net contribution method is used it is permissible to take credit for the difference between the gross contribution and the valuation net contribution in assessing the provision to be made for meeting the expenses likely to be incurred in the future in fulfilling the existing contracts, but only to the extent allowed by global actuarial standards.
                                     
                                  13. The Actuary shall take into account any rights under contracts of reinsurance.
                                     
                                  14. The Actuary shall take into account any other options that the participant has in respect of the policy, or by virtue of the contract, and that provision shall be made on prudent assumptions to cover any increase in liabilities caused by participants exercising options under their contracts. Treatment of options should be in line with global actuarial standards.
                                     
                                  15. 15. The provisions for unit-linked funds should be the unit value and depends on what the guarantees are in the product. So the provisions should be provided keeping in mind guaranteed return if any in addition to basing it on the future expected unit value.
                                     
                                  16. The Actuary shall use one of the common methods which would be suitable for the size, nature and complexity of the business. Common methods like Gross Contribution Method of valuation or retrospective method may be used if demonstrated to be at least as prudent. The Actuary shall give an explanation for the method adopted and the method shall be consistent from year to year. In case the Actuary decides to change the method being used from previous years, sufficient explanation to the same needs to be provided.
                                     
                                  17. The method of calculation of the amount of liabilities and the assumptions for the valuation parameters shall not be subject to arbitrary discontinuities from one year to the next. The calculation of the net present value of payments is to be based on a portfolio of (AAA) rated sovereign risk securities with a similar expected payment profile to the liability being measured. In case the market yields for longer term durations are not available within UAE, in such a case US$ market yield of a (AAA) rated sovereign risk securities should be considered as a measure for AED longer term durations.
                                     
                                  18. The determination of the amount of mathematical reserve shall take into account the nature and term of the assets representing those liabilities and the value placed upon them and shall include prudent provision against the effects of possible future changes in the value of assets on the ability of the Company to meet its obligations arising under policies as they arise.
                                     
                                  19. Technical Provisions (including Mathematical Reserves) considered for Solvency purposes should not include unit-linked funds’ reserves to the extent that it does not include the guaranteed portion of the insurance policies with the unit-linked funds.
                                     
                                  20. Mortality Rates used must be conservative. The Actuary should provide reinsurance rates or refer to any published mortality table that is justifiable.
                                     
                                  21. ensitivity to assumptions used should be provided.
                                     
                                  22. Persistency – Lapse analysis should be provided where applicable.
                                     
                                  23. In the event of lack of clarity on specific assumptions not defined above for calculating the Mathematical Reserves, the Actuary can apply actuarial best practices but must provide justification and quote relevant actuarial standards in the valuation report.
                                  • Addendum (3)

                                    Report of the Actuary on the Estimation of Reserves

                                    The report of the Actuary should contain the following elements at a minimum. Some elements will be at an overall company level, and the others should be at the line of business or coverage level to document the analysis of the Actuary

                                    Name of Takaful operator:
                                    Name of Actuary:
                                    Insurance activity practiced by the company:

                                    Section 1 – The Takaful operator and its business:

                                    1. The contribution scale of the Takaful operator and the classes of business it writes. Has the growth of contribution income been steady and reasonable? Fluctuations in growth rates or high or low growth rates may be indicative of a change in the composition of business or changes in underwriting policy.
                                       
                                    2. What is the underwriting policy of the Takaful operator in respect of:

                                      a) Selection of risks;

                                      b) Rates and deductibles; and

                                      c) Delegation of underwriting authority.
                                       
                                    3. Has the underwriting policy remained stable over the past three years? Note any changes in key underwriting personnel and the impact on the underwriting policy of the Takaful operator.
                                       
                                    4. What is the claims processing and settlement policy of the Takaful operator in the matter of:

                                      a) First recognition of claim;

                                      b) Provision for claims where no information or inadequate information on facts are available;

                                      c) Periodicity of review of the provision for a claim;

                                      d) Negotiation of bodily injury claims relating to motor accidents;

                                      e) Processing and settlement of claims; and

                                      f) Pursuit of recovery or sale of salvage.
                                       
                                    5. Has the claims processing and settlement policy remained the same over the past years? Note any changes in key claims personnel and the impact on the claims settlement practice of the Takaful operator.
                                       
                                    6. Has the Takaful operator experienced any cash flow or financial problems over the observation period? Note any effects on the Takaful operator’s underwriting or claims settlement practices as a result of these problems.
                                       
                                    7. Has the claims data been affected by catastrophic events such as earthquake, flood, windstorm, individual large claims, etc. or any significant changes in the business environment such as a severe economic recession that would have affected the business experience and impacted the claims figures?
                                       
                                    8. Any changes in the general business and insurance industry conditions in matters such as legislative environment, competition, consumerism, levels of court awards, etc.? Note the impact of these changes.

                                      Section 2 – The data
                                    1. The data should be compiled separately for each class of insurance business as required by the insurance regulations. If not, comment on the reasons for variation.
                                       
                                    2. Comment on the source of data and steps taken to ensure that the data is consistent, reliable, complete and in agreement with the financials.
                                       
                                    3. Comment on the observed trends in the growth of contributions, frequency of loss occurrence, average cost per claim paid and per claim outstanding, speed of emergence of claims and speed of settlement. Also state how these have been taken into account in the selection process of assumptions used in the estimation of provisions.
                                       
                                    4. Note any individually large claims that affect the claims development figures and how the estimation process was adapted as a result of these claims.
                                       
                                    5. The estimation of provisions should be done pre- and post-adjusting for the reinsurance share (gross and net of reinsurance). A description of the process followed to determine the provisions post-adjusting for reinsurance share should be provided. Any material change in the reinsurance program, along with how the estimation process was adapted to adjust for the change should be provided. If data on a net of reinsurance basis is not readily available, it is up to the Actuary to work on the provision estimates on a gross basis and work on the estimate of provisions for the share of reinsurance ceded, if that is more easily possible.

                                      Section 3 – The methods
                                    1. Describe the methods used for estimation of provisions. If the methods used now are different from the methods used previously, state the reason(s) for change.
                                       
                                    2. Document the assumptions underlying the methods and discuss to what extent the validity of the assumptions was verified.
                                       
                                    3. Where the method(s) used is not commonly understood, explain the methodology and provide adequate working sheets to understand the calculations and results.
                                       
                                    4. The review and the examination of the results should be executed using another method.

                                      Section 4 – Evaluation of the results
                                    1. Compare the prior estimated claim provisions (that were pending at the end of the previous year’s estimate), with the paid claims in the subsequent year for each claim in order to test the accuracy of the prior estimates.
                                       
                                    2. The difference between the claim reserves booked by the Company and the claim reserves estimated by the Actuary must be disclosed. If the Company estimates are lower than the estimates by the Actuary, then additional tests that were conducted to assess the accuracy of the estimates should be disclosed.

                                      Section 5 – Overall results

                                      Comment on calculated incurred claim ratios for the Takaful operator over the years. In particular, comment whether the claim ratios for the more recent years are logical and state how the estimation process was modified to achieve more credible results.

                                      Section 6 – Attachments

                                      The data collected from the database of the Takaful operator, the compiled cumulative figures, the calculation sheets and the final results should be attached to the report.

                                      Section 7 – Certification
                                    1. The Actuary should not put forward or certify any figures, which lack credibility, with serious reservations.
                                       
                                    2. The Actuary should certify that he has checked the data to the best of his ability and is satisfied that they are consistent, reliable and complete and that the assumptions underlying the methods used for estimation of provisions are reasonable.
                                       
                                    3. The report should be signed with date by the Actuary.
                        • Section (4) Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities

                          • Article (1) – General Rules for Asset Valuation

                            The Company shall apply the following rules in the valuation of its assets:

                            1. The Company shall invest all their assets in accordance with the “prudent person principle” and shall be in accordance with the considerations of the Islamic Shari’a.
                               
                            2. With respect to the whole portfolio of assets, the Company shall only invest in assets and instruments, whose risks can be adequately identified, measured, monitored, managed, controlled and reported, and appropriately take into account in the assessment of their overall solvency needs by the Company.
                               
                            3. All assets, in particular those covering the Minimum Capital Requirement, Minimum Guarantee Fund and the Solvency Capital Requirement, shall be invested in such a manner to ensure the security, quality, liquidity and profitability of the portfolio as a whole. In addition the localization of those assets shall be such as to ensure their availability.
                               
                            4. Without prejudice to paragraph (2) above, and with respect to assets held in respect of Takaful Insurance of Persons where the investment risk is borne by the participants, the following shall apply:

                              a) Where the benefits provided by a contract are directly linked to the value of unit-linked funds, or to the value of assets contained in an internal fund held by the Company, usually divided into units, the technical provisions with respect to those benefits must be represented as closely as possible by those units or, in the case where units are not established, by those assets.

                              b) Where the benefits provided by a contract are directly linked to a share index or some other reference value other than those referred to in subparagraph (a) above, the technical provisions with respect to those benefits must be represented as closely as possible either by the units deemed to represent the reference value or, in the case where units are not established, by assets of appropriate security and marketability which correspond as closely as possible with those on which the particular reference value is based.

                              c) Where the benefits referred to above include a guarantee of investment performance or some other guaranteed benefit, the assets held to cover the corresponding additional technical provisions shall be subject to paragraph (3) of this Article.
                               
                            5. With consideration to paragraph (2) and with respect to assets, Regulations Pertinent to the Basis of Investing the Rights of the Participants - Takaful shall apply.
                               
                            6. Companies must comply with the detailed provisions regarding the general rules for asset valuation as prescribed in the Addendum of this Article attached to these regulations.
                          • Article (2) – Limits for assets to be considered for Solvency

                            The Admissible Assets to be considered towards the calculation of solvency shall be valued as follows:

                            1. The value of all the invested assets shall be restricted as per the limits defined in the Regulations Pertinent to the Basis of Investing the Rights of the Participants -Takaful.
                               
                            2. All other assets shall be valued as required by the Authority.
                          • Article (3) – Addendum

                            The Addendum attached to these regulations is an integral part of the regulations and is to be read along with the regulations.

                            • Addendum to Section 4 Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities

                              • Addendum

                                Measurement of Assets for the purpose of calculation of the solvency margin shall be as detailed below:

                                1. Investments in Non-Takaful Subsidiaries and Associates

                                  a) Valuation of investments in Subsidiaries and Associates that are listed securities must be on the closing market quotation or the latest available market quotation (whichever is lower).

                                  b) Valuation of investments in Subsidiaries and Associates that are not listed securities must be at economic or market value. A suitable valuation may be used to arrive at this value, but undertakings shall also consider the risks that arise from holding a balance sheet item, using assumptions that market participants would use in valuing the asset or liability.

                                  c) The International Accounting Standards Board’s (IASBs) International Financial Reporting Standards (IFRS) related to "Fair Value Measurement" accounting is considered a suitable measure for true economic value. This proposes a ‘mark-to-market’ approach or, if not possible, a ‘mark-to-model’ approach for all participations, listed and unlisted, taking into account the guidance given by the IASB related to "The valuation of assets and liabilities for solvency assessment purposes". Where the holding is not material however, a Net Asset Value (NAV) approach may be used.
                                   
                                2. Real Estate Investments

                                  a) For Admissible Asset purposes, real estate assets such as land and buildings must be valued at market value as assessed by an independent qualified expert. The Company may elect to use book value where that value is less than market value, however where no proper valuation exists the Authority is to appoint an authorized independent real estate firm at the Company’s expense and use the results of the valuation.

                                  b) The admissibility test is to be applied in total to both land and building in instances where the realizable value of the asset is dependent on both the land and the building.

                                  c) For solvency margin calculation purposes, real estate assets such as land and buildings must be valued on a ‘cash flow’ basis.
                                   
                                3. Debt / Government Securities

                                  a) Government securities/bonds (both fixed and variable yield securities) must be valued at:
                                   
                                  1. 1) In the case of listed securities, the closing market quotation or the latest available market quotation (whichever is lower);

                                  2. 2) In the case of securities which are not transferable, the amount payable on surrender or redemption of such securities as at the date the security is being valued; and

                                  3. 3) In any other case, the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.

                                  b) Debt securities (both fixed and variable yield securities) not covered in subparagraph (a) above must be valued at:
                                   
                                  1. 1) In the case of listed securities, the closing market quotation;

                                  2. 2) In the case of securities which are not transferable, the amount payable on surrender or redemption of such securities as at the date the security is being valued; and

                                  3. 3) In any other case, the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.
                                   
                                4. Equity Shares

                                  a) Valuation of equity shares that are listed securities is based on the closing market quotation or the latest available market quotation (whichever is lower).

                                  b) Valuation of equity shares that are not listed securities must be valued at economic or market value. A suitable valuation may be used to arrive at this value, but undertakings shall also consider the risks that arise from holding such a balance sheet item, using assumptions that market participants would use in valuing the asset or liability.

                                  c) The IFRS related to "Fair Value Measurement" accounting is considered a suitable measure for true economic value. This proposes a ‘mark-to-market’ or, if not possible, a ‘mark-to-model’ approach for all participations, listed and unlisted, taking into account the guidance given by the IASB related to "The valuation of assets and liabilities for solvency assessment purposes". Where the holding is not material however, a Net Asset Value (NAV) approach may be used.
                                   
                                5. Traded Derivative Contract

                                  A traded derivative contract that is a listed security, for a share or a debenture must be valued at the closing market quotation, and otherwise at the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.
                                   
                                6. Loans Secured by Insurance Policies Issued by the Company
                                  Valuation of a loan secured by an insurance policy issued by the Company must be as the amount of the loan but not exceeding the amount payable on a surrender of the policy as at the date the policy is being valued.
                                   
                                7. Other Assets

                                  a) Valuation of deposits and current account balances with approved financial institutions must be at their carrying value. The admissible value of these assets is their carrying value.

                                  b) The admissible value of any cash holding is its carrying value.

                                  c) Amounts due under contracts of Takaful and Re-Takaful, including salvage and subrogation rights, must be valued at the amounts that can be expected to be recovered. The exceptions being:
                                   
                                  1. 1) Advance commission paid to intermediaries which must be valued at nil, except in case of long term life insurance contracts, where advance commission paid should be valued at carrying value in its first year; and

                                  2. 2) Amounts that pertain to a subsidiary or associate of the Company must be valued in accordance with subparagraph (1) above.

                                  3. 3) Any debt should be valued depending on the exact nature of the debt and its recoverability. In any event and for all debtors, International Financial Reporting Standards related to the “impairment of assets” should be considered.

                                  d) Qard Hasan shall be treated as receivable and considered in calculation of MCR / SCR / MGF as an unsecured and uncovered loan. It should be written off completely if outstanding for three (3) years. Each year's Qard Hasan should be considered separately.

                                  e) For investments that are not specifically covered above, if the investment is due, or will become due, within twelve months from the date at which the investment is being valued (or would become so due if the company exercised some right), valuation should be based on the amount which can reasonably be expected to be recovered in respect of the investment, taking due account of any security held in respect thereof.
                                   
                                8. Total Invested Assets

                                  a) For the purposes of asset valuation regulations, ‛Total Invested Assets’ is defined as the sum of the assets in the categories listed in paragraph (1) of Article (3) of the Basis of Investing the Rights of the Participants – Takaful, in Section (1) of this regulation.

                                  b) The Total Invested Assets for the Property and Liability Takaful business shall be segregated and maintained separately from the Total Invested Assets held for Family Takaful and Fund Accumulation operations.
                        • Section (5) Regulations Pertinent to the Records which the Takaful Operator shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority

                          • Article (1) – General Requirements for Records

                            1. The Company must maintain complete transaction records for all local and international operations for as long as they are deemed relevant for the purposes for which they were made. Records of completed transactions may be retained in either hard copy and/or electronic format, but must be kept in their original form. Completed transaction records for business booked in the UAE must be maintained in the UAE and be easily accessible to the Authority.
                               
                            2. Any Company that is licensed for both Takaful Insurance of Persons & Fund Accumulation operations and Property and Liability Takaful insurance operations, must maintain separate records in respect of both types of Takaful insurance operations. The transactions relating to each kind of business must be maintained separately. The Company must maintain such accounting and other records as necessary to identify all assets and liabilities in respect of each kind of business.
                               
                            3. The Company shall maintain backup for all records. The backup shall be maintained in a separate location from the original records.
                               
                            4. Regardless of any information mentioned in other regulations, the electronic information or information generated from the computer system, fax and e-mail are considered adequate and valid if the authoritative controls were adhered to.
                          • Article (2) – Period of Retention for Records

                            1. The retention period of the records and backups along with any other related documents and data, should be for ten (10) years or more, as of the end date of the activity or the working relation with insured.
                               
                            2. The Company will maintain records beyond the normal statute of limitation periods as stipulated in paragraph (1) above, when the records are subject to ongoing investigations or prosecution in court. In such cases, the retention period shall be two years from the date of final verdict or the resolution issuance.
                          • Article (3) – Types of Records

                            1. The Takaful operator must maintain adequate records for all lines of business and shall include:

                              a) Underwriting, Policy Issuance and Policy Servicing records;

                              b) Claim transaction records;

                              c) Complaints records;

                              d) Technical Provisions records;

                              e) Financial Solvency records;

                              f) Product related records;

                              g) Reinsurance contracts and related records;

                              h) Investment records;

                              i) Actuarial records;

                              j) Records of Company’s transactions with its subsidiaries and affiliates;

                              k) Records for the participants' funds under management;

                              l) Records for shareholders funds;

                              m) Major agreements of the Company;

                              n) Policies and Procedures for all the processes within the Company including Risk Management Policy and Procedures;

                              o) Records of actuarial reports;

                              p) Records for professionals related to insurance; and

                              q) Any other records that the Authority may require.
                               
                            2. Further guidance on types of records in Addendum (1) of the regulations herein shall be applied.
                          • Article (4) – Examination of Records

                            1. The Authority examiners or any person assigned by it shall have the right to conduct office and field examinations of all accounts, records, documents, and transactions related to the Takaful affairs of the Company and the Takaful and Re-Takaful Services Provider. The Company employees shall provide all information, particulars and documents required by the examiners.
                               
                            2. When appointing an Actuary, the Company shall waive any duty of confidentiality on the part of the Actuary, such that the Actuary may report to the Authority any concerns held regarding material failures by the Company to comply with Authority requirements.
                               
                            3. The Authority may from time to time inspect under conditions of secrecy the records of the Company and of any of its branch offices.
                               
                            4. The Authority has the right to submit a formal letter to any Company employee for the following reasons:

                              a) Provide the Authority with any information; or

                              b) Appear before the Authority to discuss any topic that the Authority may request.
                               
                            5. An examiner authorized by the Authority shall examine, without any prior notice, the documents related to:

                              a) The Company, or its agent, inside or outside the UAE; or

                              b) The Company in liquidation or an insurance company whose license has been suspended.
                               
                            6. The examiner may examine the Company or a person whom he believes to be acquainted with the facts and circumstances of the case, including the External Auditor or the Actuary of the Company, the Company or the person shall give such document or information as the examiner may require within such time as he may specify.
                               
                            7. An External Auditor or an Actuary shall not be liable for breach of a contract relating to, or duty of, confidentiality for giving a document or information to the examiner.
                               
                            8. In case it becomes evident to the Authority that the actuarial report does not reflect the correct financial status of the Company, the Authority may order a re-examination by an Actuary appointed by Authority and the expenses to be borne by the Company for re-examination ordered by the Authority.
                               
                            9. In the case of any material discrepancies in the data or the records provided by the Company, the Authority may request to amend them within a specified period.
                               
                            10. The Company should submit any documents or information requested by the Authority or any Company that has an ownership relationship with the Company, pertaining to the Company’s records and within the time period set by the Authority.
                          • Article (5) – Records for Agents

                            1. The agent shall keep records for all the data, information and documents related to the Takaful agency business he is practicing on behalf of the Company or any of its branches, as the case may be, including the following:

                              a) Name and address of the Company or any of its branches he is practicing the Takaful business for;

                              b) A copy of the agency agreement concluded between him and the Company;

                              c) Memos and correspondences related to his business;

                              d) The proposals received on behalf of the Company or any of its branches;

                              e) Name of the proposer of Takaful, the insured and the beneficiary, as well as the date of issuance and the contribution collected in respect thereof;

                              f) Where the agent is entitled to underwrite and issue policies on behalf of the Company, the agent shall document Takaful policies and their endorsements concluded by him on behalf of the Company or any of its branches;

                              g) A copy of Takaful policies that the participant concludes with the Company;

                              h) Records with serial numbers related to collecting, paying, recording, settling claims and any financial transactions regarding the Takaful agency business practiced; and

                              i) Bank records regarding the Takaful agency business practiced.
                               
                            2. The records referred to above shall be in the form of originals or in any other form of electronic archiving systems.
                               
                            3. The agent shall keep the records along with the backups for a period of not less than those stated in the insurance agent’s regulations.
                               
                            4. The agent shall maintain records beyond the normal statute of limitation periods as stipulated in the insurance agent’s regulations, when the records are subject to ongoing investigations or prosecution in court, until such records are no longer needed.
                               
                            5. The Authority may assign an employee(s) or appoint an external party to inspect, at appropriate times, the records of the agent. The agent shall have all his records available and cooperate with the employee(s) or the external party so that they can fully perform their duties. The agent shall bear all the expenses for the external party as decided by the Authority, unless the Authority deems otherwise.
                          • Article (6) – Records for Brokers

                            Brokers shall maintain records in accordance with terms and provisions identified in the insurance brokerage regulations in force and decisions issued pursuant thereto.

                          • Article (7) – Addendum

                            The Addendum attached to these regulations is an integral part of the regulations and is to be read along with the regulations.

                            • Addendum to Section 5 Records which the Takaful Operator shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority

                              • Addendum

                                1. The Company shall maintain the following as a minimum for Policy Issuance, Underwriting and Policy Servicing records:

                                  a) Takaful application and proposal;

                                  b) Takaful policy;

                                  c) Wakala and Mudaraba fee details;

                                  d) Agreement on any terms of Re-Takaful cover;

                                  e) Re-Takaful contracts;

                                  f) The participants and beneficiary’s proof of identification;

                                  g) Underwriting policy and procedures;

                                  h) The technical basis of the Takaful policies and contribution ratios;

                                  i) List of insured personnel for group policies;

                                  j) Medical declaration for family and healthcare Takaful;

                                  k) Participants register;

                                  l) Re-Takaful registers for assumptions and cessions showing details of underwriting information by treaty, subscriptions, losses, commissions, etc., balances due to/from Re-Takaful operators, and supporting source documents; and

                                  m) Customer Complaints register.
                                   
                                2. The Company shall maintain claim records pertaining to participants’ claims and classify them into paid, unpaid, and rejected claims. Each record shall include the following:

                                  a) Takaful application and proposal, if available;

                                  b) Copy of the Takaful policy and procedures;

                                  c) Claims policy and procedures;

                                  d) Participants’ claim information;

                                  e) Claims register;

                                  f) Adjusters and assessor’s report and any other documents pertaining to the claim and the direct reason leading to the covered loss;

                                  g) Proportional share of any other Takaful and re-Takaful policies in effect;

                                  h) Action taken by the Company and the status of the claim;

                                  i) A power-of-attorney from the participants to the Company to subrogate it in the following cases;
                                   
                                  1. 1) Third party liability for the loss; and

                                  2. 2) Defending the participants in disputed liability or in determining the indemnity amount.

                                  j) Signed settlement agreement by a person for a paid claim except in the cases of electronic medical claims where the signed settlement agreement is waived.
                                   
                                3. The Company shall maintain the following records in relation to the calculations of Technical Provisions:

                                  a) The methods and assumptions used in establishing the Company's reserves, including the margins for adverse deviation, and the reasons for their use;

                                  b) The nature of, reasons for, and effect of, any change in approach, including the amount by which the change in approach increases or decreases its reserves;

                                  c) Stress testing and scenario analysis prepared as required;

                                  d) Reserve calculations performed for each period; and

                                  e) Claims developments within the preceding five (5) years to show the variances in building the technical provisions.
                                   
                                4. The Company shall maintain records related to investment operations such as investment statements, summary of investment income from Takaful and other operations, details of derivatives and pledged assets, supporting documentation including securities registers (including information regarding securities held by the Company outside the UAE), Ijara register and Ijara documents.
                                   
                                5. In support of the investment operations, the Company shall maintain the following records:

                                  a) Working papers, with properly referenced audit trails, to support the financial statements/ regulatory data required to be submitted to the Authority;

                                  b) Bank statements, cheque registers, monthly banks reconciliations, vouchers and receipts pertaining to the operations in the UAE, and adequate documentation to confirm that amounts due in respect of the Takaful operations of the Company flow to the bank accounts in the UAE;

                                  c) Records supporting amounts due to or from the head office and affiliated entities (if any);

                                  d) Policy movement reports and reserve amounts;

                                  e) Contribution registers detailing contributions written, earned, and unearned;

                                  f) Listing of policy loans, amounts on deposit by policy, related income or expense, and originals or copies of policy loan applications;

                                  g) A description of the accounting system;

                                  h) All agreements, including outsourcing agreements with third party and affiliates;

                                  i) All signed contracts, which are material to the Company, that relate to the administrative operation of the Company;

                                  j) Policies and practices governing the Company’s operations in the UAE;

                                  k) Risk management policies and procedures;

                                  l) Details of Board of Directors minutes and other committee minutes;

                                  m) Details of any current litigation matters; and

                                  n) Actuarial reports, including valuation reports, external review reports, experience studies, etc., and supporting documentation.
                        • Section (6) Regulations Pertinent to the Principles of Organizing Accounting Books and Records of Each of the Takaful Operators, Agents and Brokers and Determining Data to be maintained in these Books and Records

                          • Article (1) – Types of Accounting Books

                            1. Following types of accounting books shall be maintained at minimum:

                              a) Accounting Books for participants including Technical accounting books;

                              b) Accounting books for shareholders;

                              c) Wakala and Mudaraba fee accounting books;

                              d) Ledgers and sub-ledgers for participants and shareholders;

                              e) Journals for participants and shareholders;

                              f) Adequate accounting and other books to identify and support the contracts and the assets, liabilities, revenues and expenses attributable to its operations; and

                              g) Any other books as required by the Authority.
                               
                            2. The Company which is carrying on both Takaful Insurance of Persons & Fund Accumulation operations and Property and Liability Takaful insurance operations must maintain separate books in respect of both operations. Transactions relating to each business operation must be maintained separately. The Company must maintain accounting and technical books needed to identify all assets and liabilities relating to the business operations.
                               
                            3. The Company shall maintain separate accounts for shareholders and participants.
                               
                            4. The Authority may from time to time inspect under conditions of secrecy the books, accounts and transactions of any Company and of any of its branch offices.
                               
                            5. The Company should submit any documents or information requested by the Authority on any Company that has an ownership relationship with the Company, pertaining to the Company’s books and within the time period that is set by the Authority.
                               
                            6. The Company shall maintain backup for all records. The backup shall be maintained in a separate location from the original records.
                               
                            7. Regardless of any information mentioned in other instructions, the electronic information or information generated from the computer system, telefax, fax and e¬mail are considered adequate and valid if the authoritative controls were adhered to.
                               
                            8. The books referred to above shall be in the form of originals, or in any other form of electronic archiving systems.
                               
                            9. The Authority may assign an employee(s) from their end or appoint an external party to inspect, at appropriate times, the books of the Company. The Company shall have all its books available and cooperate with the employee(s) or the external party so that they can fully perform their duties. The Company shall bear all the expenses for the external party as decided by the Authority, unless the Authority deems otherwise.
                               
                            10. For inspection purposes, the Company shall allow the Authority access to its books, accounts and documents and shall give such information and facilities as may be required to conduct the inspection.
                               
                            11. The retention period of the books and backups along with any other related documents and data, should be for ten (10) years or more, as of the end of the financial year or as of the end date of the activity or the working relation with the participants.
                               
                            12. The Company will maintain books beyond the normal statute of limitation periods as in paragraph (11), when the books are subject to ongoing investigations or prosecution in court, until such books are no longer needed.
                          • Article (2) – Records for Agents

                            1. Every insurance agent shall prepare for every accounting year the following:

                              a) A financial position as at the end of each accounting period;
                              b) An income statement for that period;
                              c) A cash flow statement;
                              d) A change in equity statement; and
                              e) Additional statements and notes to accounts as may be required by the Authority.
                               
                            2. Every insurance agent shall maintain separate ledger accounts for each of its clients.
                               
                            3. The retention period for records identified in this Article and their backup copies shall be in line with the applicable insurance agent’s regulations.
                               
                            4. The agent shall maintain records beyond the normal statute of limitation periods as stipulated in the applicable insurance agent’s regulations, when the records are subject to ongoing investigations or prosecution in court, until such records are no longer needed.
                               
                            5. The Authority may assign an employee(s) from their end or appoint an external party to inspect, at appropriate times, the records of the agent. The agent shall have all his records available and cooperate with the employee(s) or the external party so that they can fully perform their duties. The agent shall bear all the expenses for the external party as decided by the Authority, unless the Authority deems otherwise.
                          • Article (3) – Records for Brokers

                            Insurance brokers shall maintain accounting and technical books and prepare the financial statements in accordance with the terms and provisions identified in the insurance brokerage regulations and decisions issued pursuant thereto.

                          • Article (4) – Auditing of Accounting Books

                            1. The Company shall appoint one or more qualified and experienced External Auditors for its accounts for every financial year.
                               
                            2. If a Company fails to appoint an External Auditor within four months from the beginning of the financial year, the Authority shall appoint such External Auditor at the Company’s expense.
                               
                            3. The External Auditor shall review actuarial reports that represent immediate or future risks facing the Company, and the Authority shall be provided with copies of these reports in a timely manner.
                               
                            4. The Actuary shall, in the presence of immediate or future risks facing the Company that would hinder the Company from fulfilling its short term and long term liabilities, submit a report on a timely basis directly to the Company’s Board of Directors. The Board of Directors shall examine the report and recommend corrective actions, and forward all related information to the Authority including the Board of Director’s recommendations related to the report.
                               
                            5. The Company’s Board of Directors shall form an Audit Committee consisting of at least three members from non-executive managers (a Chairman and two other members), of whom a member shall be an expert in financial and accounting affairs. The Board of Directors shall select the committee members among its members other than the members of the executive management or any of the committees established by the Board of Directors. One or more members from outside the Company may be appointed in case the number of non-executive Board of Directors members is not sufficient. The Audit Committee shall meet at least once every three months, or whenever necessary.
                               
                            6. The Company shall:

                              a) Establish an Internal Audit department, which shall report directly to the Audit Committee. The Internal Audit Head in charge of this department must be a holder of a professional certificate in the related discipline and have relevant and adequate experience.

                              b) Appoint a regulatory compliance officer. This officer shall verify compliance with all rules, regulations and instructions. This officer shall directly report to the Chief Executive Officer and shall contact the Authority directly and provide it with information according to the procedures that it specifies.
                               
                            7. The Company shall submit to the Authority the management letter issued by the External Auditor, on an annual basis, before publication of the financial statements.
                               
                            8. Further guidance on auditing of accounting books and other related guidelines in Addendums (1) and (2) of the regulations herein shall be applied.
                          • Article (5) – Addendums

                            The Addendums attached to these regulations are an integral part of the regulations and are to be read along with the regulations.

                            • Addendums to Section 6 Principles of Organizing Accounting Books and Records of Each of the Takaful Operators, Agents and Brokers and Determining Data to be maintained in these Books and Records

                              • Addendum (1)

                                1. Additional Tasks for the External Auditor:
                                  a) The Authority may request additional duties from the External Auditor, including:
                                   
                                  1. 1) Submission of such additional information relating to the audited accounts as the Authority may specify;

                                  2. 2) Enlarging the scope of the audit;

                                  3. 3) Notifying the Authority of any financial violations discovered during the course of the audit;

                                  4. 4) Notifying the Authority of any reservations regarding the accounts or the reserves of the Company;

                                  5. 5) Notifying the Authority of any discrepancy in the financial systems, controls, and of any material inaccuracies or inconsistency in the Company’s financial statements; and

                                  6. 6) Preparing such financial reports and statements as required by the Authority. External Auditor's fees for such additional tasks shall be borne by the Company.

                                  b) While carrying out such additional duties, listed in paragraph (a), as requested by the Authority, the External Auditor shall not be in breach of any duties towards the Company, the Authority, the shareholders or any third parties.
                                   
                                2. The External Auditor shall be independent and shall not be the Chairman or a director in the Company’s Board of Directors or a managing director, agent, representative or taking up any administrative work therein, or supervising its accounts, or a next of kin to someone who is responsible for the administration or accounts of the Company, or having an extraordinary interest in the Company or any of its competitors.
                                   
                                3. If any of the circumstances referred to in the paragraph (2) occurs after the appointment of the External Auditor, the Company must appoint another External Auditor.
                                   
                                4. The Company shall provide the External Auditor with all information and assistance necessary for carrying out his duties.
                                   
                                5. The duties of the External Auditor shall include the preparation of a report on the final and interim accounts. The report shall contain a statement on whether the Company's accounts are fairly stated and reflect materially, the actual state of affairs of the Company and whether the Company has provided the External Auditor with all required information and clarifications.
                                   
                                6. If the Company is a foreign Company, its final audited accounts together with the External Auditor's report shall be sent to its main office abroad and a copy shall be sent to the Authority.
                                   
                                7. External Auditor Access to Relevant Information: Outsourcing agreements must ensure that the Company’s Internal and External Auditors have timely access to any relevant information they may require to fulfill their responsibilities.
                                • Addendum (2)

                                  1. Major Roles and Responsibilities of the Internal Auditor:

                                    a) Evaluates and provides reasonable assurance that risk management, control, and governance are functioning as intended for all required systems, processes and/or risks enabling the Company to meet its objectives and goals;

                                    b) Reports risk management issues and internal control deficiencies identified directly to the Audit Committee, or equivalent group-level governance structure for Foreign Companies, and provides recommendations for improving the Company’s operations, in terms of both efficient and effective performance;

                                    c) Evaluating the risk exposures relating to the achievement of the Company’s objectives;

                                    d) Evaluating the reliability and integrity of information and the means used to identify, measure, classify and report such information;

                                    e) Evaluating the information security and probabilities of exposure to its related risks.

                                    f) Evaluates regulatory compliance program with consultation from legal counsel;

                                    g) Evaluates the Company’s readiness in case of business interruption; and

                                    h) Teams with other internal and external resources as appropriate.
                                     
                                  2. The Company shall have an annual audit plan and a risk assessment performed annually and aligned to the annual audit master plan.
                        • Section (7) Regulations Pertinent to Accounting Policies to be Adopted and the Necessary Forms Needed to Prepare and Present Reports and Financial Statements – Takaful

                          • Article (1) – Preparation of Financial Statements

                            1. The Company shall prepare its financial statements in accordance with the International Financial Reporting Standards and the Authority accounting policies and forms stipulated herein, and shall provide the Authority with a detailed financial report in accordance with the applicable requirements of the Authority.
                               
                            2. The Company that is providing Takaful Insurance of Persons and Funds Accumulation operations in addition to Property and Liability Takaful insurance operations must generate separate financial statements for each type of business and consolidated financial statements according to the attached forms in Appendix (1).
                               
                            3. The Company shall submit its annual financial and closing statements including their notes to the Authority in both languages; Arabic and English.
                               
                            4. The Company shall submit its quarterly financial statements including notes to the Authority in Arabic. Submission in English is optional.
                               
                            5. Further guidance on preparation of financial reports in Addendum (1) of the regulations herein shall be applied.
                          • Article (2) – Amendments to Financial Statements

                            The Authority shall have the right to add any items to the forms required for the financial reports and statements, amend or cancel such forms, or to add any other forms.

                          • Article (3) – Wakala and Mudaraba’ Fees

                            1. Takaful operators shall charge fees either based on a Model (Wakala fees as a percentage of total subscriptions and Mudaraba fees as a percentage of investment income) or only a Wakala Model (Fees charged as a percentage of surplus income from underwriting and investment Takaful).
                               
                            2. The model and the limits defined by each Takaful operator and any subsequent changes in the model to be adopted by a Takaful operator shall be approved by the Shari’a Committee of the Takaful operator and the Authority.
                               
                            3. Wakala and Mudaraba fees that are charged to the participants account are determined as follows:

                              a) A percentage not exceeding (35%) of gross written contributions and participants investments revenues accrued during the financial year. The shareholders account should bear all operational, administrative and general expenses for Takaful insurance business. The participants account shouldn’t bear any expenses other than the percentage mentioned in this paragraph.

                              b) The Authority shall determine the percentage for the saving family Takaful as per the actuarial rules and basis.

                              c) All Takaful insurance Companies should align its operations according to the provisions mentioned in subparagraphs (a) and (b) of this paragraph from the next year of the year in which of these regulations were published.
                               
                            4. The Company may use up to 10% of the annual Insurance or Underwriting Surplus for participants’ funds after approval of the Shari’a Committee and the Authority.
                               
                            5. In exceptional circumstances, the Company may use up to 20% of the annual Insurance or Underwriting Surplus for participants’ funds if there is actuarial justification for a percentage higher than 10%, as noted in paragraph (4), and after approval of the Shari’a Committee and the Authority.
                               
                            6. Disclosure shall be made in the financial statements of the party that manages investment of participants’ funds and the shareholders’ funds and the remuneration it receives
                          • Article (4) – Surplus/Deficit Allocation

                            1. The Company must abide by the following in terms of surplus allocation:

                              a) Allocation of surplus to all participants, regardless of whether or not they have made claims on the policy during the financial period.

                              b) Allocation of surplus only among participants who have not made any claims during the financial period.

                              c) Allocation of surplus among those who have not made any claims and among those who have made claims of amounts less than their insurance contributions, provided that the latter category of participants shall receive only the difference between their insurance contributions and their claims during the financial periods as a percentage of the surplus.
                               
                            2. There are a number of methods used to cover the insurance deficit. These include:

                              a) To settle the deficit from the reserves of participants, if any.

                              b) To borrow from the shareholders’ funds Qard Hasan the amount of the deficit, which shall be paid back from future surplus.
                               
                            3. The entire equities of the shareholders shall be made available as Qard Hasan in case of a deficit in the participants' funds.
                               
                            4. Disclosure shall be made in the financial statements of the allocation that would be made of any undistributed Takaful underwriting surplus, should the Company be liquidated.
                               
                            5. The Company must establish a policy for determining the surplus or deficit arising from its operations. The policy must determine the basis of distributing the surplus or deficit among the participants and the shareholders and the method of transferring between the participants and shareholders. The policy developed must consider the relevant International Islamic Standards connected to the AAOIFI (Accounting and Auditing Of Islamic Financial Institutions) Board including the accounting standard of ‛Disclosure of Bases for Determining and Allocating Surplus or Deficit in Islamic Insurance Companies’.
                               
                            6. If the Company offers different types of insurance products it can develop more than one policy for distribution of surplus/deficit.
                               
                            7. The Company shall develop separate policies for allocation of surplus/deficit for its Takaful Insurance of Persons and Property and Liability Takaful Insurance operations.
                               
                            8. The Company must determine any surplus or deficit arising on each separate Takaful fund. The surplus/deficit has to be determined in consultation with the Actuary for a Takaful insurance of persons’ fund.
                               
                            9. The policy developed must be approved by the Shari’a Supervisory Committee and provided to the Authority for approval. Subsequent to its approval by the Authority, the policy may not be amended without the approval of the Shari ’a Supervisory Committee and the Authority.
                               
                            10. Disclosure shall be made in the financial statements of the method used by the Company to cover the surplus/deficit.
                               
                            11. Disclosure shall be made in the financial statements on the Company’s policy to settle the deficit in the participants’ fund.
                          • Article (5) – Reporting Requirements

                            1. The Company shall provide the Authority with the financial statements attached in Appendix (1) herein according to a deadline set by the Law for the Operations of the Company in the UAE, its foreign branches and other related companies if applicable.
                               
                            2. In case of errors noted in the submitted financial statements, the Authority will request the Company to rectify the identified mistakes and revert to the Authority within the period set by the Authority.
                               
                            3. The Company should provide the Authority with a copy of the financial statement as per the below instructions:

                              a) Quarterly financial statements:

                              The Company should provide the Authority with quarterly financial statements signed by the Company’s General Manager and reviewed by the External Auditor. A limited review by the External Auditor is deemed to be sufficient for purposes of quarterly reporting. A forty-five (45) day period after the end of the quarter is the submission deadline.

                              b) Annual financial statements:

                              The Company should provide the Authority with annual financial statements audited by the External Auditor and signed by the Chairman of the Board of Directors and the General Manager. The submission date is determined based on the law governing the submission. The Annual report to be submitted to the Authority shall include the following:

                              1) The External Auditor report for the Company on audited financial statements and Disclosures based on Appendix (1) of this regulation;

                              2) The notes to the Financial Statements;

                              3) The Report of the Board of Directors;

                              4) The report of the Shari’a Committee;

                              5) The Report of the Actuary of the Company;

                              6) A description of the roles of the Actuary and the External Auditor in the preparation and audit of the annual financial statements; and

                              7) The Management Report (not applicable to branches of Foreign Takaful operators).
                               
                            4. Further guidance on reporting requirements in Addendum (2) of the regulations herein shall be applied.
                          • Article (6) – Addendums & Appendix

                            The Addendums and Appendix attached to these regulations are an integral part of the regulations and are to be read along with the regulations. The format of the reports in Appendix (1) are shown as a general guideline, but are intended to follow the International Financial Reporting Standards which are expected to be updated periodically.

                            • Addendums to Section 7 Accounting Policies to be Adopted and the Necessary Forms Needed to Prepare and Present Reports and Financial Statements- Takaful

                              • Addendum (1)

                                1. Any item required to be shown in a Company’s financial statement may be shown in a greater detail than required by the Appendix or in the actual forms specified by the Authority.
                                   
                                2. In the event that any item is added to the forms, adequate justification must be given in the notes regarding the reasons for the item being disclosed separately.
                                   
                                3. The Company must not include a heading or sub-heading corresponding to an item in the financial statement format used if there is no amount to be shown for that item for the financial year to which the financial statement relates. Where an amount can be shown for the item in question for the immediately preceding financial year that amount must be shown under the heading or sub-heading required by the format for that item.
                                   
                                4. For every item shown in the financial statement the corresponding amount for the immediately preceding financial year must also be shown.
                                   
                                5. Where that corresponding amount is not comparable with the amount to be shown for the item in question in respect of the financial year to which the financial statement relates, the former amount shall be adjusted, and particulars of the non-comparability and of any adjustment must be disclosed in a note to the accounts.
                                • Addendum (2)

                                  The Management Report shall contain the following:

                                  1. Confirmation regarding the continued validity of the registration granted by the Authority;
                                     
                                  2. Certification that all the dues payable to the statutory authorities have been duly paid/accrued;
                                     
                                  3. Confirmation to the effect that the shareholding structure and any transfer of shares during the year are in accordance with the statutory or regulatory requirements;
                                     
                                  4. Confirmation that the required solvency margin has been maintained in compliance with the Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund - Takaful issued by the Authority as per Section (2) herein;
                                     
                                  5. Confirmation that the assets have been valued in compliance with the Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities issued by the Authority as per Section (4) herein;
                                     
                                  6. Confirmation to the effect that no part of the various funds maintained by the Company have been directly or indirectly applied in contravention of the Regulations Pertinent to the Basis of Investing the Rights of the Participants - Takaful issued by the Authority as per Section (1) herein;
                                     
                                  7. The Company’s risk management strategies and practices, to be disclosed separately for participants and shareholders, must include the following:

                                    a) A summary of the significant internal and external risks facing the Company;

                                    b) A summary of the Company’s risk management policies (including, but not limited to, underwriting, credit, investment, reserving, legal, operational and group risks); and

                                    c) A summary of the Company’s risk monitoring organization and processes, including details on the Company’s risk management and internal audit functions; the use of reinsurance; and controls on underwriting, credit and investment risk.
                                     
                                  8. Operations in other countries, if any, with a separate statement providing management’s estimate of country risk, exposure risk and the hedging strategy adopted by country;
                                     
                                  9. Aging of claims indicating the trends in average claim settlement time and amount during the preceding five years;
                                     
                                  10. Review of asset quality and performance of investment portfolios relevant to real estate, loans, investments, etc., disclosed separately for participants' funds and shareholders' funds.
                                     
                                  11. A responsibility statement from the management indicating therein that:

                                    a) In the preparation of financial statements, IFRS have been followed along with proper explanations relating to material departures, if any;

                                    b) The management has adopted accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the Company at the end of the financial year and of the operating profit or loss and of the profit or loss of the Company for the year;

                                    c) The management has taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the applicable provisions of the Authority, for safeguarding the assets of the Company and for preventing and detecting fraud and other irregularities;

                                    d) The management has prepared the financial statements on a going concern basis; and

                                    e) The management has ensured that an internal audit system commensurate with the size and nature of the business exists and is operating effectively.
                                     
                                  12. Details of any shares in the company held by its Directors and Chief Executive Officer/General Manager shall be disclosed.
                                     
                                  13. The following information relating to corporate governance shall be included:

                                    a) Information on the corporate governance (including IT Governance) rules and framework adopted within the Company;

                                    b) Information about the Board of Directors and Board of Directors’ Committees (if any). This must include details of Board of Directors membership (including a summary of each Board of Directors member’s professional experience, qualifications, date of appointment, remuneration paid and other Directorships held); details of the membership and mandates of any Board of Directors’ Committees; and the number of Board of Directors meetings and any Board of Directors’ committee meetings held during the financial year in question;

                                    c) Information on the composition and role of various other Board of Directors and Management Committees;

                                    d) Information about the managerial structure. This must include a summary of the Chief Executive Officer’s/General Manager’s professional experience, qualifications and date of appointment; a summary of any management committees, their mandates and membership; and a summary of the senior management structure and reporting lines; and

                                    e) Information about the Company’s basic organizational structure, including a clear description of the lines of business and legal entity structures.
                                  • Appendix 1 Financial Statement Forms

                        • Appendix (1) Financial Statement Forms

                          Takaful Insurance Company Financial Statement Forms (with Disclosures)

                          Consolidated Financial Position for Takaful Insurance Company as of Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Assets
                          Takaful Operations Assets

                          Property, machinery and equipment
                          Financial assets designated at fair value through income

                          Financial assets carried at fair value through other comprehensive income
                          Financial assets at Amortized Cost
                          Deferred policy acquisition costs
                          Reinsurers' share of unearned premiums
                          Prepaid expenses and other assets
                          Due from shareholders
                          Reinsurers' share of outstanding claims
                          Premiums and Re-Takaful balances receivables
                          Cash and cash equivalents
                          Total Takaful Operations’ Assets
                          Shareholders’ Assets

                          Property and equipment
                          Investments in associates
                          Intangible assets
                          Investments at amortized cost
                          Investments carried at fair value through other comprehensive
                          income
                          Derivative finance instruments
                          Investments valued at fair value through income
                          Investments in properties
                          Statutory deposits
                          Dues from Takaful operations
                          Other receivables and prepayments
                          Deposits
                          Cash and cash equivalents
                          Total Shareholders’ Assets
                          Total Assets

                           

                          Liabilities, Participants' Claims’ Fund, and Shareholders’ Equity
                           

                          Liabilities

                          Takaful Operations’ Liabilities and related surplus (deficit):

                          Takaful payables
                          Takaful contract liabilities
                          Total outstanding claims
                          Reinsurance payables balances
                          Accrued expenses and other liabilities
                          Unearned Re-Takaful commission income
                          Total unearned premiums
                          Total technical provisions
                          End of service Indemnity
                          Surplus distribution payable
                          Total Takaful Operations’ Liabilities and related surplus (deficit)


                          Participants’ account

                          Family Takaful Fund

                          Property and Liability Takaful Fund

                          Surplus/ Deficit in Family Participants' Takaful Fund
                          Surplus/ Deficit in Property and Liability Participants' Takaful
                          Fund

                          Proposed Profit Distribution to Family Takaful Fund Participants
                          Proposed Profit Distribution to Property and Liability Takaful
                          Fund Participants
                          Investments Revaluation Reserve Attributable to Family Takaful
                          Fund
                          Investments Revaluation Reserve Attributable to Property and
                          Liability Takaful Fund

                          Total surplus/deficit in Participants' Account
                           

                          Shareholders’ Liabilities
                          Accrued expenses and other liabilities
                          End of Service Benefits
                          Other payables
                          Total Shareholders’ Liabilities

                          Shareholders’ Equity

                          Share Capital

                          Retained Earnings/Loss

                          Employee Share Options Reserve

                          Statutory Reserves

                          Cumulative change in fair value
                          Total Shareholders’ Equity attributable to Shareholders of the Company

                          Minority Interest

                          Foreign Currency Translation Adjustments

                          Total Shareholders’ Equity
                          Total Liabilities, Participants' Claims’ Fund, and Shareholders’ Equity

                          Consolidated refers to a group of companies running both Takaful insurance of persons and Property and Liability Takaful insurance.The cash flow and change in shareholders’ equity format under consolidated financial statements is applicable to individual financial statements to be prepared for Takaful insurance of persons and Property and Liability Takaful insurance.

                           

                           

                           

                          Consolidated Income Statement for Takaful Insurance Company for the period ended Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Takaful Income

                          Gross Takaful Contributions

                          Re-Takaful Share of accepted business

                          Re-Takaful Share of ceded business

                          Net Takaful contributions

                          Net Transfer to Unearned Contribution Reserve

                          Net Takaful contributions Earned

                          Commissions Earned

                           

                          Gross Takaful Contributions

                          Takaful Expenses

                          Gross Claims Incurred

                          Re-Takaful Share of Accepted Business Claims

                          Re-Takaful Share of Ceded Business Claims

                          Net claims incurred

                          Provision for Takaful contract liabilities (outstanding claims)

                          Re-Takaful Share of Outstanding Claims
                          Increase/ (Decrease) in Incurred but Not Reported Claims
                          Reserves
                          Increase/ (Decrease) in the provision for unearned
                          subscriptions
                          Increase/ (Decrease) in Unallocated Loss Adjustment Expense
                          Reserve

                          Increase/ (Decrease) in Mathematical Reserves

                          Net Takaful Claims Incurred

                          Net Takaful Income

                          (Wakala/Mudaraba Fees)

                          Income from Investments

                          Income from Real Estate

                          Foreign Currency Exchange Fluctuation (Gain/Loss)

                          Other Income

                          Net Income/ (loss) from Takaful operations

                           

                          Other Revenues

                          Investment Income/(loss) (Shareholders fund)

                          Wakala/ Mudaraba fees from Participants

                          Other Operating Income

                          Impairment /(Write-Off) of Loan to Participants' Fund

                          Other Expenses
                          Commissions Paid

                          Other Operating Expenses

                          General and Administrative Expenses

                           

                          Net Profit/(loss) for the year

                          Net loss on revaluation of available for sale investments

                          Reclassification adjustment of investments available for sale
                          impaired during the year

                          Transfer to P/L on sale of investments available for sale

                          Provision/Impairment loss on financial assets carried at
                          amortized cost

                          Board of Directors’ remuneration
                           

                          Total Comprehensive Profit/Loss for the Year

                           

                          Earnings per share:

                          Basic

                          Diluted

                           

                           

                           

                          Consolidated Comprehensive Income Statement for Takaful Insurance Company for the period ended Day,
                                                                                                         Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Net Profit for the year

                          Other Comprehensive Income (OCI)
                          Other comprehensive income reclassified to net earnings or
                          loss in subsequent periods:

                          Share of other comprehensive income of associates

                          Net unrealized gain/(loss) from investments at fair value from
                          other comprehensive income

                          Net realized (gain)/loss transferred to income from the sale of
                          investments at fair value from other comprehensive income

                          Impairment of Investments at fair value through transferred to
                          income

                          Foreign currency adjustments from translation of foreign
                          operations

                          Other Comprehensive Income for the Year

                          Total Comprehensive Income for the Year

                          Attributable to:

                          Shareholders of the parent company

                          Non-controlling interests

                           

                           

                           

                          Consolidated Cash Flow for Takaful Insurance Company for the period ended Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Income (Loss) for the year

                          Adjustments:

                          Depreciation

                          Unrealized Gain/Loss on Investment in properties

                          Unrealized Gain/Loss on Investment

                          Unrealized Gain /Loss Foreign Currency Exchange Fluctuation

                          Other Gain/ Loss

                           

                          Cash flows from operating activities

                          Decrease/(Increase) in Takaful Receivable

                          (Increase)/Decrease in Other Receivables and Prepayments

                          (Decrease)/Increase in Takaful Payables (Decrease)/Increase in Takaful Contract Liabilities

                          End of Service Indemnity Paid

                          Net Cash from Operating Activities
                           

                          Cash flows from investing activities

                          Purchase of Property and Equipment

                          Proceeds from Sale of Property and Equipment

                          Investments

                          Net Cash from Investing Activities

                          Cash Flows from Financing Activities

                          Ijara Payables

                          Decrease/(Increase) in Family Takaful Participants’
                          Fund Decrease/(Increase) in Property and Liability Takaful Participants’
                          Fund

                          Loan Payments for Family Takaful Fund Participants
                          Loan Payments for Property and Liability Takaful Fund
                          Participants

                          Profit Distribution to Family Takaful Fund Participants
                          Profit Distribution to Property and Liability Takaful Fund
                          Participants

                          Zakat Paid

                          Net Cash from Financing Activities

                          (Decrease)/Increase in Cash and Cash Equivalents

                          Cash and Cash Equivalent at the End of the Year

                           

                           

                           

                          Consolidated Statement of Change in Equity for Takaful Insurance Company for the period ended Day, Month, 20XX

                          Attributable to Equity Holders of the Parent Company

                          NotesShare CapitalRetained EarningsReservesCumulative Change in Investments Through other Comprehensive IncomeTotal Equity Attributable to Shareholders of the CompanyMinority InterestForeign currency translation adjustmentsTotal equity
                           XXXAEDXXXAEDXXXAEDXXXAEDXXXAEDXXXAEDXXXAED XXXAED

                           

                           

                           

                           

                           

                           

                           

                          As at XX Month 20XX     

                          Profit/(Loss) for the year

                          Other comprehensive income

                          Total comprehensive income

                          Transfer to statutory reserve

                          Transfer to general reserve

                          Zakat

                          Dividends distributed

                          As at XX Month 20XX

                           

                           

                           

                          Financial Position for Takaful Insurance Company for Persons as of Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Assets
                          Takaful Insurance of Persons’ Assets

                          Property, machinery and Equipment

                          Investments at fair value through the income statement
                          Investments carried at Fair Value through other comprehensive
                          income

                          Investments carried at amortized cost

                          Family Takaful fund

                          Deferred policy acquisition cost

                          Reinsurers' share of unearned premiums

                          Prepaid expenses and other assets

                          Amounts due from shareholders

                          Other receivables and prepayments

                          Reinsurers' share of claims under the Takaful settlement

                          Premiums and Re-Takaful balances receivables

                          Cash and bank balances

                          Total Takaful Insurance of Persons’ Assets
                           

                          Shareholders’ Assets

                          Property, machinery and Equipment

                          Investment in Associates

                          Intangible Assets

                          Investments at amortized cost
                          Investments carried at Fair Value through other comprehensive
                          income

                          Derivative Financial Instruments
                          Investments valued at fair market value through the income
                          statement

                          Investments in properties

                          Statutory Deposits

                          Receivables from participants
                          Other Receivables and Prepayments
                          Deposits

                          Cash and cash equivalent

                          Total Shareholders’ Assets

                          Total Assets
                          Liabilities, Participants' Claims’ Fund, and Shareholders’ Equity

                          Liabilities

                          Takaful Liabilities:

                          Takaful Contracts Liabilities

                          Total Technical Provisions

                          Takaful Payables

                          Total Takaful Liabilities

                          Ijara Payables

                          Shareholders’ Liabilities:

                          End of Service Indemnity

                          Other Payables

                          Total Takaful Insurance of Persons’ Liabilities
                           

                          Participants' Claims’ Fund

                          Takaful Insurance of persons’ Fund

                          Surplus/ Deficit in Participants' Fund

                          Loans from Shareholders

                          Proposed Profit Distribution to Participants

                          Investments Revaluation Reserve

                          Total Surplus/Deficit in Participants' Fund
                           

                          Shareholders’ Equity

                          Share Capital

                          Retained Profit/Loss

                          Reserves
                          Total Shareholders’ Equity attributable to Shareholders of the Company

                          Minority Interest

                          Foreign currency translation reserve

                          Total Shareholders’ Equity
                           

                          Total Liabilities, Participants' Claims’ Fund, and Shareholders’ Equity

                           

                           

                           

                           

                          Income Statement for Takaful Insurance of Persons Company for the period ended Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Takaful Income

                          Gross Takaful Contributions

                          Re-Takaful Share of accepted business

                          Re-Takaful Share of ceded business

                          Net Takaful contributions

                          Net Transfer to Unearned Contribution Reserve

                          Net Takaful contributions Earned

                          Commissions Earned

                          Gross Takaful Contributions

                          Takaful expenses

                          Gross Claims Incurred

                          Re-Takaful Share of Accepted Business Claims

                          Re-Takaful Share of Ceded Business Claims

                          Net claims incurred

                          provision for Takaful contract liabilities (outstanding claims)

                          Re-Takaful Share of Outstanding Claims
                          Increase/ (Decrease) in the provision for unearned
                          subscriptions
                          Increase/ (Decrease) in Incurred but Not Reported Claims
                          Reserves
                          Increase/ (Decrease) in Unallocated Loss Adjustment Expense
                          Reserve

                          Increase/ (Decrease) in Mathematical Reserves

                          Net Takaful Claims Incurred

                          Net Takaful income

                          (Wakala/ Mudaraba Fees)

                          Income from Investments

                          Income from Investment in Properties

                          Foreign Currency Exchange Fluctuation (Gain/Loss)

                          Other Income

                          Net Income/ (loss) from Takaful operations
                           

                          Other Revenues

                          investment Income/(loss) (shareholders fund)

                          Wakala/ Mudaraba fees from Participants

                          Other Operating Income

                          Impairment/(Write-Off) of Loan to Participants' Fund
                           

                          Other Expenses
                          Commissions Paid

                          Other Operating Expenses

                          General and Administrative Expenses
                           

                          Net Profit/(loss) for the year

                          Net loss on revaluation of investments through other

                          comprehensive income

                          Reclassification adjustment relating to investments through
                          other comprehensive income impaired during the year
                          Transfer to P/L on sale of investments through other
                          comprehensive income

                          Board of Directors’ remuneration

                           

                          Total Comprehensive Profit/Loss for the Year

                           

                          Earnings per share:

                          Basic

                          Diluted

                           

                           

                           

                          Financial Position for Property and Liability Takaful Operator as of Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Assets
                          Takaful Operations Assets

                          Property, machinery, and Equipment

                          Investments at fair value through the income statement
                          Investments carried at Fair Value through other comprehensive
                          income

                          Investments carried at amortized cost

                          Deferred policy acquisition cost

                          Reinsurers' share of unearned premiums

                          Prepaid expenses and other assets

                          Amounts due from shareholders

                          Reinsurers' share of claims under settlement

                          Premiums and insurance balances receivables

                          Cash and bank balances

                          Total Takaful Assets
                           

                          Shareholders’ Assets

                          Property and Equipment

                          Investment in Associates

                          Intangible Assets

                          Investments at amortized cost held to maturity
                          Investments carried at Fair Value through other comprehensive
                          income

                          Derivative Financial Instruments

                          Investments valued at fair market value through income statement

                          Investments in properties

                          Statutory Deposits

                          Receivables from participants

                          Other Receivables and Prepayments

                          Deposits

                          Cash and cash equivalent

                          Total Shareholders’ Assets

                          Total Assets

                          Liabilities, Participants' Claims’ Fund and Shareholders’ Equity

                          Liabilities

                          Takaful Liabilities:

                          Takaful Contracts Liabilities

                          Total Technical Provisions

                          Takaful Payables

                          Total Takaful Liabilities

                          Ijara Payables

                          Shareholders’ Liabilities:

                          End of Service Indemnity

                          Other Payables

                          Total Liabilities

                           

                          Participants' Claims’ Fund

                          Property and Liability Takaful Fund

                          Surplus/Deficit in Participants' Fund

                          Loans from Shareholders

                          Proposed Profit Distribution to Participants

                          Investments Revaluation Reserve

                          Total Surplus/Deficit in Participants' Fund

                           

                          Shareholders’ Equity

                          Share Capital

                          Retained Earnings/Loss

                          Reserves

                          Total Equity Attributable to Shareholders of the Company

                          Minority Interest

                          Foreign Currency Translation Adjustments

                          Total Equity

                           

                          Total Liabilities, Participants' Claims’ Fund, and Shareholders’ Equity

                           

                           

                           

                           

                          Income Statement for Property and Liability Takaful Operator for the period ended Day, Month, 20XX
                           Notes20XX20YY
                            AEDAED
                              

                          Takaful Income

                          Gross Takaful Contributions

                          Re-Takaful Share of accepted business

                          Re-Takaful Share of ceded business
                           

                          Net Takaful Contributions

                          Net Transfer to Unearned Contribution Reserve

                          Net Takaful contributions Earned

                          Commissions Earned

                          Gross Takaful Contributions

                          Takaful expenses

                          Gross Claims Incurred

                          Re-Takaful Share of Accepted Business Claims

                          Re-Takaful Share of Ceded Business Claims

                          Net claims incurred

                          Provision for Takaful contract liabilities (outstanding claims)

                          Re-Takaful Share of Outstanding Claims
                          Increase/ (Decrease) in the provision for unearned
                          subscriptions
                          Increase/ (Decrease) in Incurred but Not Reported Claims
                          Reserves
                          Increase/ (Decrease) in Unallocated Loss Adjustment Expense
                          Reserve

                          Increase/ (Decrease) in Mathematical Reserves

                          Net Takaful Claims Incurred

                          Net Takaful income

                          (Wakala/ Mudaraba Fees)

                          Income from Investments

                          Income from Real Estate

                          Foreign Currency Exchange Fluctuation (Gain/Loss)

                          Other Income

                          Net Income/ (loss) from Takaful operations

                           

                          Other Revenues

                          Investment Income/(loss) (shareholders fund)

                          Wakala/ Mudaraba from Participants

                          Other Operating Income

                          Impairment /(Write-Off) of Loan to Participants' Fund
                           

                          Other Expenses
                          Commissions Paid

                          Other Operating Expenses

                          General and Administrative Expenses
                           

                          Net Profit/(loss) for the year

                          Net loss on revaluation of investments at fair value through
                          other comprehensive income
                          Reclassification adjustment relating to investment through other
                          comprehensive income impaired during the year
                          Transfer to P/L on sale of investments through other
                          comprehensive income

                          Board of Directors’ remuneration

                           

                          Total Comprehensive Profit/Loss for the Year

                           

                          Earnings per share:

                          Basic

                          Diluted

                           

                          Notes to the Financial Statements

                          1. Disclosure over the financial statements is made in compliance with the AAOIFI (Accounting and Auditing Of Islamic Financial Institutions) Board in accordance with International Financial Reporting Standards (IFRS) issued by the International Accounting Standards Board (IASB) and its interpretations issued by the International Financial Reporting Interpretations Committee (IFRIC), and according to the templates identified by the Authority.
                             
                          2. Notes to financial statements include the following:

                            2.1 General information.

                            2.2 Adoption of new and revised International Financial Reporting Standards (IFRSs).

                            2.3 Summary of significant Accounting Policies which include:

                            1. a. Statement of compliance.

                            2. b. Basis of preparation.

                            3. c. Basis of consolidation.

                            4. d. Business combinations.

                            5. e. Goodwill.

                            6. f. Takaful contracts.

                            7. g. Revenue recognition.

                            8. h. General and administrative expenses.

                            9. i. Foreign currencies.

                            10. j. Property, machinery and equipment.

                            11. k. Investment properties.

                            12. l. Impairment of non-financial assets.

                            13. m. Provisions.

                            14. n. Financial instruments.

                            15. o. Financial assets.

                            16. p. Financial liabilities.

                            17. q. Dividend distribution.

                            18. r. Others.

                             2.4 Accounting assumptions and key sources of estimation of uncertainty.

                            2.5 Property, machinery and equipment.

                            2.6 Investment properties.

                            2.7 Financial investments.

                            2.8 Statutory deposits.

                            2.9 Takaful contract liabilities and Re-Takaful contract assets.

                            2.10 Takaful receivables.

                            2.11 Bank balances and cash.

                            2.12 Share Capital.

                            2.13 Reserves.

                            2.14 Bank borrowings.

                            2.15 Takaful payables and others.

                            2.16 Net investment income / loss.

                            2.17 Related party transactions.

                            2.18 Segment information.

                            2.19 Contingent liabilities.

                            2.20 Commitments.

                            2.21 Takaful risk.

                            2.22 Capital risk management.

                            2.23 Financial instruments.

                            2.24 Dividends.

                            2.25 Approval of financial statements.

                            2.26 Others.

                          3. In addition to the above, the Company should disclose the following:

                            3.1 Wakala model or Wakala and Mudaraba model used by the company.

                            3.2 Deficit in participants’ fund

                            Any deficit in the participants’ fund, except for deficits arising from a decline in the fair value of securities, is financed by the shareholders through a Qard Hasan (a finance cost free loan with no repayment terms). The Company maintains a full provision against the Qard Hasan. The company maintains full power in the management of the loan.

                            3.3 The amounts and expenses that have been debited to the subscribers accounts and the mechanism pursued by the company to record these amounts and expenses.

                            3.4 Gross Contributions

                            This item is to comprise all amounts due during the financial year in respect of Takaful contracts entered into regardless of the fact that such amounts may relate in whole or in part to a later financial year, and must include the following:

                            a. Contributions yet to be determined, where the contribution calculation can be done only at the end of the year;

                            b. Individual contributions, including annuity contributions, and, in long-term business, individual contributions resulting from bonus and rebate provisions in so far as they must be considered as contributions under the terms of the contract;

                            c. Additional contributions in the case of half-yearly, quarterly or monthly payments and additional payments from participants for expenses borne by the Company;

                            d. In the case of co-Takaful, the Company’s portion of total contributions;

                            e. Re-Takaful contributions due from ceding and retroceding Takaful undertakings, including portfolio entries, after deduction of cancellations and portfolio withdrawals credited to ceding and retroceding Takaful undertakings.

                            3.5 Zakat

                            Zakat is calculated on the basis of the rates prescribed according to the Islamic Supervisory Committee and prevailing laws, regulations, and instructions in state.

                            3.6 Statutory Deposit

                            In accordance with Federal Law No. (6) of 2007, the Company shall place a deposit at a Bank in the State as guarantee of fulfilling its liabilities and amounting to AED 4 million for Takaful of Persons and Fund Accumulation Operations, and AED 2 million per line of business for Property and Liability Insurance, not to exceed AED 6 million.

                            3.7 Takaful Receivables

                           

                          This item consists of the following:

                                                                                                                                                                    December 31,

                                                                                                                                                        20XX                          20YY
                                                                                                                                                      AED000                      AED000

                          Due from Participants Less:

                          Allowance for Doubtful Debts
                           

                          Due from Takaful/ re-Takaful operators

                          Due from brokers/ agents Less:

                          Allowance for Doubtful Debts
                           

                          Insurance Receivable – Net

                          Inside UAE:

                           

                                                                                                                                                                     December 31,

                                                                                                                                                        20XX                            20YY
                                                                                                                                                      AED000                        AED000

                          Due from Participants

                          Less: Allowance for Doubtful Debts
                           

                          Due from Takaful/ re-Takaful operators Due

                          from brokers/ agents Less: Allowance for

                          Doubtful Debts
                           

                          Insurance Receivable - Net

                          Outside UAE:

                           

                                                                                                                                                                  December 31,

                                                                                                                                                        20XX                        20YY
                                                                                                                                                     AED000                     AED000

                          Due from Participants

                          Less: Allowance for Doubtful Debts


                          Due from Takaful/ re-Takaful operators Due

                          from brokers/ agents Less: Allowance for

                          Doubtful Debts
                           

                          Insurance Receivable - Net

                          Note: The receivables ageing details to be disclosed separately for participants, Takaful companies, re-Takaful companies, brokers and agents in the below format:

                          Inside UAE:

                           

                                                                                                                                                            December 31,

                                                                                                                                                  20XX                         20YY
                                                                                                                                               AED 000                     AED000

                          Less than 30 days 30 – 90
                          days 91 – 180 days 181 –
                          270 days 271 – 360 days
                          More than 360 days
                          Total

                          Outside UAE:

                           

                                                                                                                                                          December 31,

                                                                                                                                                 20XX                        20YY
                                                                                                                                               AED000                  AED 000

                          Less than 30 days
                          30 – 90 days 91 – 180
                          days 181 – 270 days 271
                          – 360 days More than
                          360 days
                          Total

                          Movement on the provision for doubtful debts during the year was as follows:

                           

                                                                                                                                                           December 31

                                                                                                                                                20XX                        20YY
                                                                                                                                                 AED                         AED

                          Balance at the beginning of the year
                          Additions
                          Balance at year end

                           

                          3.8 Other Receivables and Prepayments

                                                                                                                                                          December 31,

                                                                                                                                                20XX                       20YY
                                                                                                                                              AED000                   AED000

                          Receivable from Employees
                          Refundable Deposits
                          Prepayments
                          Others
                          Other Receivables and Prepayments

                           

                          3.9 Takaful Payables

                          This item consists of the following:

                                                                                                                                                          December 31,

                                                                                                                                                20XX                        20YY
                                                                                                                                              AED000                    AED 000

                          Payables – Inside UAE Payables
                          – Outside UAE
                          Total



                          Inside UAE:

                                                                                                                                                         December 31,

                                                                                                                                               20XX                        20YY
                                                                                                                                             AED 000                   AED 000

                          Payables
                          Payables from insurance companies
                          Payables from re-insurance companies
                          Payables from Insurance agents Payables
                          from Insurance Brokers Payables from staff
                          Other payables
                          Total

                           

                          Outside UAE:

                                                                                                                                                        December 31,

                                                                                                                                               20XX                      20YY
                                                                                                                                                AED                       AED

                          Payables
                          Payables from insurance companies
                          Payables from re-insurance companies
                          Payables from Insurance agents
                          Payables from Insurance Brokers
                          Payables from staff
                          Other payables

                          Total

                           

                          3.10 Share Capital

                          Subscribed and paid – up capital amounted to AED XX distributed over XX shares, the par value of each is AED 1 as of December 31, 20XX (against AED XX million shares of AED 1 each as of December 31, 20YY).

                           

                          3.11 Technical Provisions

                          This item consists of the following:

                                                                                                                                                   December 31,

                                                                                                                                         20XX                        20YY
                                                                                                                                          AED                         AED

                          Insurance of Persons and Fund Accumulation:
                          Unearned Contribution Reserve
                          Incurred but Not Reported Reserve (Short-term life and Fund
                          Accumulation products of one year)
                          Mathematical Reserve
                          Unallocated Loss Adjustment Expense Reserve
                          Total Insurance of Person and Fund Accumulation Operations
                          Technical Provisions

                          Note: Technical provisions details in the above format to be provided for each class of insurance as defined by the Authority.

                          Adequate explanation for the method adopted should be given and the method should be consistent from year to year for technical provisions. In case the Actuary decides to change the method being used from previous years, sufficient explanation to the same needs to be provided.

                           

                          3.12 Takaful net Contribution

                                  a) Gross contributions

                                                                                                                                        20XX                      20YY
                                                                                                                                         AED                       AED

                          Takaful Insurance of Persons

                           

                          Total Gross Contributions Takaful Insurance of persons
                          Property and Liability Takaful
                           

                          Total Gross Contributions for Property and Liability Takaful
                          Change in unearned contributions reserves
                          Total Gross Contributions

                          Note: Gross Contribution details in the above format to be provided for each class of insurance as defined by the Authority.
                          b) Contributions ceded to re-Takaful

                                                                                                                                                                      20XX         20YY
                                                                                                                                                                    AED000     AED 000

                          Takaful Insurance of Persons

                           

                          Total Takaful Insurance of Persons Ceded to Re-insurers
                          Property and Liability Takaful Total

                           

                          Property and Liability Takaful Contributions Ceded to Re-Takaful
                          Change in unearned contributions reserves
                          Total Contributions Ceded to Re-Takaful
                          Note: Contributions ceded to re-Takaful details in the above format to be provided for each class of insurance as defined by the Authority.
                          c) Re-Takaful share of accepted business contributions

                               20XX            20YY  AED 000           AED 000 Takaful Insurance of persons

                           

                          Total Takaful Insurance of persons for accepted share of re-Takaful business Property and Liability Takaful

                           

                          Total Property and Liability Takaful Contributions for accepted share of re-Takaful
                          business
                          Change in unearned contributions reserves
                          Total Contributions for accepted share of re-Takaful business
                          Note: Re-Takaful share of accepted business contributions details in the above format to be provided for each class of insurance as defined by the Authority.

                          Total Net Contribution (a-b+c)

                           

                          3.13 Net Claims Paid

                          a) Gross claims paid

                                                                                                                                                   20XX          20YY
                                                                                                                                                AED 000       AED 000

                          Takaful Insurance of persons

                          Total Gross Claims Takaful Insurance of persons

                          Property and Liability Takaful

                           

                          Total Gross Claims for Property and Liability Takaful Total

                          Gross Claims

                          Note: Gross Claims Paid details in the above format to be provided for each class of insurance as defined by the Authority.

                          b) Re-Takaful share of claims

                                                                                                                                                  20XX                                 20YY
                                                                                                                                                AED000                            AED000

                          Takaful Insurance of persons

                           

                          Total Takaful Insurance of persons’ Claims Ceded to Re-Takaful
                          Property and Liability Takaful

                           

                          Total Property and Liability Takaful Claims Ceded to Re-Takaful Total
                          Claims Ceded to Re-Takaful

                          Note: Claims ceded to Re-Takaful details in the above format to be provided for each class of insurance as defined by the Authority.
                          c) Re-Takaful share of accepted business claims

                          20XX                       20YY AED                    AED Takaful Insurance of persons

                          Total Takaful Insurance of persons’ Claims for accepted share of Re-Takaful
                          business
                          Property and Liability Takaful

                          Total Takaful Property and Liability Takaful Claims for accepted share of Re-Takaful
                          business
                          Total Claims for accepted share of Re-Takaful business
                          Note: Re-Takaful share of accepted business claims details in the above format to be provided for each class of insurance as defined by the Authority.

                          Total Net Claims (a-b+c)

                           

                          3.14 Capital risk management

                          The solvency regulations identify the required Solvency Margin to be held in addition to insurance liabilities. The Solvency Margin (presented in the table below) must be maintained at all times throughout the year. The Company is subject to solvency regulations which it has complied with during the year. The Company has incorporated in its policies and procedures the necessary tests to ensure continuous and full compliance with such regulations.

                          The table below summarizes the Minimum Capital Requirement, Minimum Guarantee Fund and Solvency Capital Requirement of the Company and the total capital held to meet these required Solvency Margins.

                                                                                                                                                                December 31,
                                                                                                                                                  20XX                                 20YY
                                                                                                                                                   AED                                  AED

                          Minimum Capital Requirement (MCR)
                          Solvency Capital Requirement (SCR)
                          Minimum Guarantee Fund (MGF)
                          Own Funds
                          Basic Own Funds
                          Ancillary Own Funds
                          MCR Solvency Margin (Surplus/Deficit)
                          SCR Solvency Margin (Surplus/Deficit)
                          MGF Solvency Margin (Surplus/Deficit)


                          3.15 Risk management

                          The listed risks should be disclosed in detailed, as a minimum:

                          a) Underwriting Risk.

                          b) Market and Liquidity (Investment) Risk.

                          c) Credit Risk.

                          d) Operational Risk.

                          3.16 Claims development schedule

                  • Part Two: General Provisions

                    • Asset Distribution and Allocation Limits

                      • Fifth Article – Penalties

                        The Company not abiding with the instructions in this regulation will be penalized as per the penalties stipulated in the laws and as the case requires.

                        • Article (3)

                          For the purpose of implementing the Asset distribution and allocation limits in accordance with the provisions of Article (3) of the Financial Regulations, the Company shall comply with the following:

                          1. If the Company has investments exceeding the investment limits or sub-limits without a deficit in the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, it shall include the annual and quarterly investment portfolio analysis reports stipulated in Article (10) of Chapter 1 of the Financial Regulations sequel to the Asset distribution and allocation limits on the Company and any plans the Company intends to take as part of the investment risk management process.

                          2. If the Company has investments that exceed the Asset distribution and allocation limits and result in a deficit in the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, the Company shall submit a detailed realistic correction plan including outdistance the deficit in accordance with Article 8 of Chapter II of the Financial Regulations.

                          3. If the Company desires to enter into new investments outside the asset distribution and allocation limits and has no deficit in any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, it may:

                          A. Purchase, improve or increase any of the assets if the investment limit or sub-limit of that asset category has been exceeded.

                          B. Purchase, improve or increase any assets if this would lead to exceeding the investment limit or sub-limit.

                          Provided that the procurement, improvement or increases referred to in paragraphs (A) and (B) of this clause do not result in a default in meeting any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements.

                          4. If the Company has a deficit in any of Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, or if this results from a purchase, improvement or if a deficit in meeting any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements resulted from a purchase, improvement or increase, the company shall comply with the following:

                          A. No purchases, improvements or increases in any assets if the investment limit or sub-limit of that asset category has been exceeded.

                          B. No purchases, improvements or increases in any assets if this would lead to exceeding the investment limit or sub-limit.

                          5. If the Asset distribution and allocation limits are exceeded by the Company for easons beyond its control such as changes in the value of the assets or a change in the classification, the Company shall comply with the following:

                          A. If this does not result in incapability to meet any of the solvency requirements, the investment portfolio analysis report stipulated in Article 10 of Chapter 1 of the Financial Regulations shall include an analysis of the excesses in the Asset distribution and allocation limits.

                          B. If this results in a deficiency in any of the financial solvency requirements, the Company shall submit a detailed realistic correction plan including the outdistance of the deficit in accordance with Article 8 of Chapter II of the Financial Regulations.

                        • Sixth Article – Issuing Decrees

                          The Director General of the Authority issues the required decrees and forms to enforce the instructions of these regulations.

                          • Article (4)

                            A. The Company shall process investments in the listed and not listed Associate Companies in the financial markets within the State in a separate category with a limit of (20%) of the invested assets therein with no sub-limit.

                            A. The Company shall process investments in the listed and not listed Associate Companies in the financial markets outside the State in a separate category with a limit of (10%) of the invested assets therein with no sub-limit.

                          • Seventh Article – Aligning Operations

                            A. The Company shall align their operations to the covenants of the regulations herein according to the timeframes below:

                            1. With regards to Section (1) Regulations Pertinent to the Basis of Investing the Rights of the Participants - Takaful, the alignment period will be as follows:

                              a) Any Company that exceeds the concentration and asset allocation limits mentioned in paragraph (1) of Article (3) are to regularize their positions within a period not exceeding three (3) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.

                              b) The regularization period is two (2) years for any Company that exceeds the concentration and allocation limits other than real estate mentioned in paragraph (1) of Article (3), as of the next day subsequent to the issuance of these regulations in the Official Gazette.

                              c) The regularization period is two (2) years for provisions of this regulation other than the asset limits and allocations identified in paragraph (1) of Article (3), as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                               
                            2. With regards to Section (2) Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund - Takaful, the alignment period will be three (3) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                               
                            3. With regards to Section (3) Regulations Pertinent to the Basis of Calculating the Technical Provisions - Takaful, the alignment period will be two (2) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                               
                            4. With regards to Section (4) Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities, the alignment period will be three (3) years as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                               
                            5. With regards to Section (5) Regulations Pertinent the Records which the Takaful Operator shall be obligated to Organize and Maintain as well as the Data and Documents that shall be made Available to the Authority, the alignment period will be one (1) year as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                               
                            6. With regards to Section (6) Regulations Pertinent the Principles of Organizing Accounting Books and Records of Each of the Takaful Operators, Agents and Brokers and Determine Data to be maintained in these Books and Records, the alignment period will be one (1) year as of the next day subsequent to the issuance of these regulations in the Official Gazette.
                               
                            7. Except that subparagraph (c) of paragraph (3) of Article (3) must be considered separately, with regards to Section (7) Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements - Takaful, the alignment period will be one (1) year as of the next day subsequent to the issuance of these regulations in the Official Gazette.

                            B. During the alignment periods of this regulation the Company shall provide the Authority with the financial reports, solvency templates and reports as required by the Authority that demonstrate progress in aligning its operations according to the requirements and regulations herein. These reports shall be provided within the same period as the interim and annual audited financial statements.

                          • Eighth Article – Publishing the Regulations and Acting on Them

                            These regulations shall be published in the Official Gazette and are acted upon the next day from the publishing date.

                    • General Provisions

                      • Article (5)

                        1. All assets invested outside the Asset distribution and allocation limits determined in the Financial Regulations are considered not acceptable for the purpose of calculating the financial solvency and pursuant to the provisions of Article (11) of Chapter II of the Financial Regulations.

                        2. In cases not stipulated in this decision, the provisions of the Financial Regulations prevail; including the provisions stipulated in Part II (General Provisions).

                      • Article (6)

                        The Director General shall issue the decisions and circulars necessary to implement the provisions of this Decision.

                      • Article (7)

                        This decision shall be published in the Official Gazette and shall come into effect from the date of its issuance.

      • Re-Insurance Companies

        • Insurance Authority’s Board of Directors Decision No.( 23) of 2019 Concerning Instructions Organizing Reinsurance Operations

          Effective from 14/5/2019

          Chairman of the Insurance Authority,

          Having pursued:

          - The Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations and its amendments; and its Executive Regulations.
          - Federal Law No. (4) of 2000 on the Emirates Securities & Commodities Authority and Market and its amending laws;
          - Federal Law No. (8) of 2004 concerning Financial Free Zones.
          - Federal Law No. (1) of 2006 Concerning Electronic Transactions and Commerce.
          - The Federal Law No. (2) of 2015 on Commercial Companies;
          - The Federal Law No. (9) of 2016 Concerning Bankruptcy;
          - The Federal Law No. (14) of 2016 concerning Administrative Violations & Sanctions in the Federal Government;
          - The Cabinet Resolution No. (23) of 2009 Concerning Monitoring & Supervision Fees and Insurance Transactions;
          - The Cabinet Resolution No. (42) of 2009 Concerning Insurance Company Minimum Capital Regulations;
          - The Insurance Authority’s Board of Directors’ Resolution No (4) of 2010 Concerning the Takaful Insurance Regulations;
          - The Insurance Authority Beard Resolution No. (15) of 2014 Concerning the Information & Data Contained in the Register of Insurance Companies and Related Professions;
          - The Insurance Authority’s Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies;
          - The Insurance Authority’s Board of Directors’ Decision No. (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies;
          - The Insurance Authority’s Board of Directors’ Decision No. (10) of 2016 concerning the separation between the insurance of persons and fund accumulation operations on the one hand and property and liability insurance operations on the other hand,
          - The Insurance Authority Beard Resolution No. (9) of 2017 Concerning Licensing Actuaries and Organizing their Operations;
          And based on the recommendation of the Insurance Authority Director General and the approval of the Board of Directors thereof,

          Has decided:

          • Article (1) Definitions

            1. The following terms and expressions shall have the meanings assigned to each of them unless the context indicates or the nature of the work requires otherwise:-

            State: The United Arab Emirates.

            Law: Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.

            Executive Regulations: The Executive Regulations of the Law.

            Authority: The Insurance Authority established by virtue of the provisions of the Law.

            Board: The Insurance Authority’s Board of Directors.

            Director General: The Director General of the Insurance Authority.

            Reinsurance: ceding part of the liability for the risk or the entire liability taken by the direct insurer under the insurance contract to the reinsurer and the consequent rights and obligations.

            Reinsurer: An insurance company, or a reinsurance company, or an insurance pool or reinsurance pool, or syndicates of underwriting insurance groups that accept cession.

            Cession: ceding the liability arising from the insurance contract as a whole or in part by the insurer or the reinsurer to another reinsurer pursuant to a reinsurance contract or retrocession contract.

            Retrocession: The reinsurer cedes to another reinsurer the liability of the risk or that he has accepted pursuant to the reinsurance contract.

            Retention: The liability retained by the insurer or the reinsurer for his own account in the insurance or reinsurance contract or from a specific risk or event.

            Reinsurance ceded by the insurance company: The process of reinsurance ceded by the direct insurer to the reinsurer.

            Reinsurance accepted by the insurance company: the reinsurance process accepted by the direct insurer.

            Facultative Reinsurance: the reinsurance related to a particular risk or risks, wherein both parties have the freedom to accept or reject in each case separately.

            Treaty Reinsurance: the reinsurance of a group of insurance contracts in a particular class or classes of insurance where the ceding company has pre-covered business within the group or classes and within the terms and conditions of the reinsurance treaty.

            Facultative Obligatory Reinsurance: the reinsurance of a group of insurance contracts or risks where the reinsurer is obliged to accept in advance while the insurer reserves the freedom to cede or not.

            Actuary: The person who evaluates insurance contracts and documentation and assesses the accounts related to them.

            Register: The Insurance Authority’s Electronic Register or otherwise of the reinsurance companies and Takaful reinsurance companies.

            Electronic Means: The electronic and smart services, or otherwise, adopted by the Authority.

            2. Except for the above, the words and expressions in these Regulations shall have the meanings ascribed to them in the Law, and the Executive Regulations and The Insurance Authority’s Board of Directors’ Resolution No (4) of 2010 Concerning the Takaful Insurance Regulations, with regards to the Takaful and Takaful reinsurance business.

          • Chapter one General Provisions

            • Article (2)

              1. The terms of an insurance company and reinsurance company, wherever stated in these regulations, shall include the Takaful Insurance Company and the Takaful Reinsurance Company. The terms of insurance and reinsurance operations wherever stated in these Regulations shall also include Takaful insurance and Takaful reinsurance unless a special provision is stipulated or unless the context indicates otherwise.

              2. The provisions of these regulations shall apply to:

              (A) Reinsurance companies established in the State;

              (B) Branches of foreign reinsurance companies.

              (C) Reinsurance business ceded by an insurance company licensed and registered with the Authority.

              (D) Accepted Reinsurance business by a licensed insurance company registered with the Authority.

              (E) An insurance or reinsurance pool in which an insurance or reinsurance company licensed and registered with the Authority participate or an underwriting syndicate.

              3.Protection and Indemnity Clubs (P& I Clubs) are subject to the rules issued by the competent authorities applicable to them, and to the instructions andRegulations issued by the Insurance Authority.

            • Article (3)

              The Reinsurance Company may practice reinsurance operations in the insurance of persons and funds accumulation on the one hand and the reinsurance operations in the insurance of property and liabilities on the other hand. The Takaful Reinsurance Company may also practice family Takaful Reinsurance and General Takaful Reinsurance, provided that:

              1. The practice of these operations of both types shall be among the purposes set forth in its Articles of Association.

              2. It shall comply with the provisions of The Insurance Authority’s Board of Directors Resolution No (10) of 2016 concerning the separation between the insurance of persons and fund accumulation operations on the one hand and property and liability insurance operations on the other hand.

            • Article (4)

              The reinsurance company may practice the Takaful reinsurance business provided that:

              1. The practice of Takaful reinsurance in addition to the reinsurance operations shall be among the purposes set forth in its Articles of Association.

              2. All its operations related to Takaful Reinsurance shall be compliant with the Islamic Shariah provisions.

              3. It shall comply with the provisions of The Insurance Authority’s Board of Directors Resolution No (4) of 2010 Concerning the Takaful Insurance Regulations issued by the Authority to the extent consistent with Takaful reinsurance business.

              4. It shall adopt complete technical and financial separation between the reinsurance business and Takaful reinsurance business.

              5. It shall comply with the provisions of Insurance Authority Board of Directors’ Resolution No. (10) of 2016 concerning the complete separation between the two types of reinsurance.

            • Article (5)

              The conventional insurance company licensed and registered by the Insurance Authority may practice the ceded and accepted reinsurance business,( treaty , facultative and facultative obligatory ) within and outside the State pursuant to the provisions and terms contained in these Instructions, and in particularly the following:

              1. Ceding reinsurance operations (treaty, facultative and facultative obligatory) to reinsurance Companies or conventional insurance companies.

              2. Accepting Reinsurance businesses ( Conventional & Takaful) treaty, facultative and facultative obligatory, provided that reinsurance operations shall be among the purposes set forth in its Articles of Association.

              3 - The insurance company that wants to accept treaty Takaful reinsurance must comply with Article (39) of these Instructions, in addition to what is stipulated in the above sub-Article (2).

            • Article (6)

              The Takaful Insurance Company licensed and registered with the Authority may practice the ceded and accepted Takaful reinsurance business,( treaty , facultative and facultative obligatory ) within and outside the State pursuant to the provisions and terms contained in these Instructions, and in particularly the following:

              1. Ceding reinsurance operations (treaty, facultative and facultative obligatory) to Takaful Insurance Companies or Takaful reinsurance companies or to Insurance Companies or Reinsurance Companies.

              2. Accepting the Takaful Reinsurance businesses (treaty, facultative and facultative obligatory) provided that Takaful reinsurance operations shall be among the purposes set forth in its Articles of Association.

              3 - The Takaful insurance company that wants to accept treaty Takaful reinsurance must comply with Article (39) of these Instructions, in addition to what is stipulated in the above sub-Article (2).

          • Chapter Two Licensing and Registration of Reinsurance Company

            • Submission of the License Application

            • Article (7)

              1- The Founders’ Committee of the reinsurance company shall submit the application for the license to the Director General through the Electronic Means or other means adopted by the Authority, enclosing the following data and documents:

              • The Memorandum of Incorporation and Articles of Association of thereinsurance company stating the names of the founders, the number of Founders’ shares allocated to them and the percentage of their respective participations.
              • The economic feasibility study and the work plan for the first five years of the reinsurance company and the types and classes of reinsurance that will be carried out by the company and the local, regional or internationalmarkets where the company will practice its business;
              • A certificate from an Actuary that includes the adequacy of the Technical Provisions and the prospects of the company’s compliance with the Solvency Margin and the Minimum Capital Requirements ;
              • A declaration by the founders' committee that none of the company founders has been convicted of a crime that violates honor or has been declared bankrupt;
              • A declaration by the founders' committee that all the data and documents submitted to the Authority for obtaining the license are true.
              • The amount of the proposed capital;
              • The founders' decision to form the founders’ committee;
              • Complete information about the founders, the nature of their business, their experience and their shares in the insurance companies, reinsurance companies or the insurance related professions inside and outside the State;
              • The Retrocession covers to be set by the Company to protect its liabilities and the name of the leading reinsurer nominated to deal with;
              • The estimated budget for the first five years of the company's work;
              • During the incorporation stage, the Founders shall appoint an Actuary, Legal consultant, Financial consultant and Auditor,
              • Any other data or documents specified by the bylaws and regulations or deemed necessary by the Board to consider the application;
              • A certificate from the Auditor and the Actuary indicating the ability of the company to provide the Solvency Margin and to allocate the Technical Provisions.

              2. After reviewing the data and documents mentioned in sub-Article (1) of this Article, and studying them by the Authority and discussing them with the Founders Committee, the Director General shall submit the request to the Board of Directors together with his opinion on the feasibility of establishing the company.

              3. The Board shall issue its decision concerning the initial approval or reject the application. In case of initial approval, the reinsurance company shall submit and enclose to the Authority the following through the Electronic Means or other means adopted by the Authority:

              1.  A list of the proposed names for the position of the Director General and its senior officers, with a detailed description of their respective qualifications and experiences and attaching proof of these qualifications and experiences;
              2.  Approvals and other licenses that must be obtained pursuant to the laws and regulations in force.

              4. In case the application is rejected, the founders' committee shall be notified ofthe decision and its reasons, and they have the right to file an appeal before theBoard within 30 (thirty) days from the date of their notification of the rejection.

              5. If the Board endorses its previous decision, the decision shall be final.

              6. The Federal Government, the Local Government and any company or entity fully owned by the Federal Government or Local Government may be a shareholder of a reinsurance company or incorporate by itself a Public shareholding company to practice reinsurance operations pursuant to the Federal Law concerning the Commercial Companies.

          • Licensing Applications Register and Registration Procedures

            • Article (8)

              1. The Authority shall prepare a record in which the applications for the license submitted to it shall be recorded in serial numbers according to the date of receipt of each. Each application shall contain a special file in which the data and documents submitted and action taken shall be placed.

              2. After the verification of the validity and adequacy of the application and its attachments and payment of the prescribed fees, the pertinent department in the Authority shall register the application for licensing in the register Pursuant to the provisions of the Regulations.

          • Considering Applications and Completion of Attached Documents

            • Article (9)

              The pertinent department in the Authority shall consider the application for the license and in case the application does not meet any of the required conditions, data or documents, it may request through the Electronic Means or other means adopted by the Authority the concerned parties to complete it within (60) sixty days from the date of application.

          • Acceptance/Rejection of Applications

            • Article (10)

              1. In the event that the period stipulated in the preceding Article lapsed without completing the conditions, data or documents required by the applicant, the competent department shall refer the matter to the Director General.

              2. The Director General shall consider the matter and issue his decision either by giving the applicant additional period of time or rejecting the application.

              3. The applicant shall be entitled to submit a new application that meets the requirements after lapse of three months as of the Director General’s decision to reject the application.

              4. In the event that the new application satisfied the acceptable requisites, the competent department shall refer the application to the Director General.

              5. The Director General shall refer the application to the Board to issue the decision whether by approval or rejection within sixty days from the referral date.

              6. The decision to approve the license shall be published in the Official Gazette and shall be communicated to the competent authorities for the implementation of its context.

              7. The competent department shall prepare a form for the licensing decision and shall be approved by the Director General.

            • Article (11)

              1. The company is not authorized to carry out its business unless the final approval, licensing and registration in the register accomplished.

              2. The company established in the State to practice reinsurance operations should be of the type of public shareholding pursuant to the provisions of The Law and the Executive Regulations and the Federal Law Concerning the Commercial Companies; provided that its primary purpose is to practice reinsurance as a specialization.

            • Article 12 Capital of the Reinsurance Company

              1. The subscribed and paid up capital of the reinsurance company shall not be less than AED 250,000,000 (only two hundred and fifty million dirhams).

              2. The Authority may determine a minimum capital for the Company greater than that stipulated in the aforementioned sub-Article (1), if the Feasibility Study indicates that the Company will be involved in a short term from its incorporation in the reinsurance business at the regional and international level.

              3. At least 51 % (one-fifty percent) of the capital of the reinsurance company incorporated in the State shall be owned by natural persons who are UAE Nationals or GCC Nationals or by legal persons fully owned by UAE nationals or GCC Nationals.

            • Article (13)

              The work Plan that must be submitted for the approval of the incorporation of the reinsurance company shall include the following:

              1. Types and classes of reinsurance that the company will focus on at the commencement of its incorporation.

              2. Geographical distribution of the accepted businesses locally, regionally and internationally.

              3. Direct acceptance policy or through reinsurance brokers.

              4. The Company's retention limits of risks in each class of reinsurance.

              5 - Reinsurance covers that will be arranged by the company to protect its liabilities and covers for accumulation and catastrophes.

              6. Names and addresses of the retrocessionaires who will be dealing with the company and their rating.

              7. The Financial Principals of the reinsurance that will be applied by the company.

              8. Report on the financial position of the Company, the adequacy of the general and technical reserves to be taken, and the rules of the Company's accounting system.

              9 - The investment policy that will be adopted by the company.

              10. Details of the company's organization structure.

              11. The Future approaches for the development of the company's business qualitatively and geographically.

            • Article (14)

              1- The registration period shall be for one year ending at the end of December. In case of obtaining the registration during the year, the first registration period shall commence from the date of the registration and ends at the end of the same year.

              2. The registration shall be renewed annually thirty days prior to its expiry through the Electronic Means or other means adopted by the Authority, enclosing the following:

              A - A list including the names of the Chairman, the members of the Board of Directors ,the Director General and his deputies and the senior officers of the company.

              B- The company's branches inside and outside the State in accordance with the conditions stipulated in Article (15).

              C) The names of the actuaries, financial auditors and legal consultants appointed by the company or contracted with it and reinsurance brokers with whom the company deals.

              D- The projected financial statement for the next fiscal year.

          • Application to Open the Branch

            • Article (15)

              Should a reinsurance company established in the State intend to open a branch inside or outside the State, the company shall submit an application to the Authority through the Electronic Means or other means adopted by the Authority.

            • Article (16)

              1. The following documents shall be attached to the application for opening abranch of the reinsurance company established in the State:

                A. The Board of Directors' decision to open the branch.

                B. The economic feasibility study to open the branch and work plan of the branch.

                C. The organizational structure of the branch and name list of the branch manager and senior officers therein; provided that the list includes the names of those persons authorized to sign on behalf of the branch.

                D. The Emiratization percentage in the company shouldn’t be less than the percentage determined by the pertinent official authorities.

                E. An undertaking by the company to render specialized training programs in the field of reinsurance for the UAE Nationals working therewith.

                F. Any other documents as determined by the Authority.

              2. The Director General may approve or reject the application and shall statethe reasons behind rejection. In the latter case, the Company shall have theright to submit an appeal to the Board of Directors of the Authority and thedecision of the Board shall be final.
          • Chapter Three Branches of Foreign Reinsurance Companies

            • Article (17)

              1- A foreign company specialized and licensed in its country may open branches in the State to practice reinsurance business after obtaining the necessary license and registration from the Authority.

              2. A foreign company specialized in reinsurance shall not be permitted to operate within the State through an agency, taking into consideration the special case of the underwriting Syndicates and P & I Clubs..

              3. The capital of the parent company in its home country shouldn’t be less than the percentage determined in sub Article (1) of Article (12) of these instructions.

              (4) The Board may exclude the company requesting the opening of a branch or branches thereof in the country from the provisions of item (3) above if the total of its free reserves plus its paid capital is not less than the amount mentioned in item (1) of Article (12) For local, regional or international reasons.

            • Article (18)

              1- A foreign company wishing to open a branch inside the State to practice reinsurance business should have the following classification:

              • The company should have a classification not less than the minimum classification specified in the table below or the equivalent classification ratings of other international classification bodies recognized by the Authority, according to the latest classification issued by the accredited body:
              Standard & PoorsMoody’sAM BestFitch Ratings
              BBBBaaB+BBB


              B) The foreign company shall maintain its classification during the period of its license.

              C) The classification must be granted on the basis of complete internal information The classification granted based only on published information shall not be accepted.

              (D) The foreign company should not be incorporated in a State having lower classification than that stipulated in clause (a) of the term herein.

              2. The Board may grant the company requesting the license an exception from the provisions of paragraph (1) above for local, regional or international considerations or for considerations relating to the company itself.

              3. Any additional conditions or requirements determined by the Authority.

            • Article (19)

              To obtain the license from the Authority and to be registered in the Authority’s register, it is necessary to obtain the preliminary approval of the Board and then complete the legal proceedings with the other official bodies and obtain the final approval from the Director General.

            • Article (20)

              In order to obtain the initial approval of the Board:

              1. The following documents and information must be submitted:

                A. A certified copy of the company registration certificate in its country of origin.

                B. A copy of the license to practice the reinsurance business in the state which the parent company is holding its nationality issued by a regulatory and supervisory governmental body and duly authenticated and attested and including the approved types and classes of reinsurance the company is licensed to undertake.

                C. A certified certificate showing the legal form of the company and whether it is an independent company or a subsidiary company.

                D. A decision by the administrative board of the parent company to open the branch.

                E. A certified copy of the Company's Memorandum of Incorporation and Articles of Association.

                F. A copy of the balance sheet and financial statements of the parent company for the three years preceding the submission of the application, audited by a licensed auditing office.

                G. Report on the Parent Company's reinsurance activity.

                H. A statement clarifying the nature of the company's relation with the branch and the powers endowed therewith.

                I. A written approval by the regulatory and supervisory governmental body in the country of origin to open a branch of the company in the State.

                J. The rules adopted by the company for Compliance, Anti- Money Laundering and combating the financing of terrorism.

                K. List of names of the Chairman and members of the Board of Directors.

                L. Submitting the feasibility study.

                M. The work plan for the first three years of the company branch and the types and classes of reinsurance to be transacted and whether the acceptances will be locally, regionally or internationally.

                N. A certificate by an actuary that includes the adequacy of the Technical Provisions and prospects of the company’s compliance with the Solvency Margin and the Minimum Guarantee Fund.

                O. Approvals and other licenses to be obtained in accordance with the bylaws, laws and regulations in force.

                P. Copies of the specimens of treaties that the company will conclude in the future with insurance services providers, including reinsurance brokers.

                R. The sum of funds to be entered into the State and kept in it to meet the obligations of the company and the administrative cost of the business.

                S. Name of appointed person for the management of the branch, the senior officers and their qualifications and their practical experience in the field of insurance and reinsurance.

                T. Any other data or documents determined by the bylaws and regulations issued by virtue of law or determined by the Board which are deemed necessary for considering the application.

              2. The Director General shall submit the application to the Board of Directors along with his opinion, where the Board shall decide whether to accept or reject the application.
            • Article (21)

              1. In case the board issued the initial approval, the Company shall be notified thereof and shall be requested to take the following actions:

              1. Appointing a branch manager and senior officers who meet the required conditions and the powers granted to them.
              2. Having an office of the company in the state.
              3. Appointing or contracting with an actuary and a legal consultant and contracting with an external auditor.

              2. After fulfilling the requirements and submitting the required documents and data, the Board shall issue its decision with the final approval and licensing the Company and shall register it in the register as a branch of a foreign company.

              3. In case the Board rejects the request, the Director General shall inform the company applying for the license of the decision of the Board. The company shall be entitled to appeal the decision with the Board within (30) thirty days from its notification of the decision, and Board’s decision shall be final.

            • Article (22)

              1- The registration period is one year and ends at the end of December. In case the registration is effective during the year, the first registration period shall commence from the date of the registration and end at the end of the same year.

              2. The registration shall be renewed annually through Electronic Means or other means adopted by the Authority, after submission of the following information and documents:

              1. Changes in the Company's underwriting policy in the following year.
                 
              2. Any fundamental changes in the parent company's status during the past year.
                 
              3. Any changes made to the branch manager or senior officers and their powers.
                 
              4. Any changes for the company’s auditor, actuary or legal consultant.
                 
              5. Submitting a copy of the estimated budget for the subsequent financial year.
            • Article (23)

              A foreign reinsurance company licensed by the Authority and registered in the Authority’s register as a branch of a foreign company may open other branches within the State after obtaining the approval of the Director General.

          • Chapter Four Reinsurance Business Ceded by an Insurance Company Established in the State

            • Article (24)

              The company shouldn’t cede its reinsurance business to another insurance company unless the other company is licensed by the competent regulatory and supervisory authority to practice the type and class of insurance entrusted to it to reinsure.

            • Article (25)

              The reinsurance relationship between a local insurance company and a reinsurer may not be a (FINITE Reinsurance) type, where the relationship between the ceding company and the reinsurer is similar to that of a lender and borrower.

            • Article (26)

              1. The reinsurers with whom the insurance company established in the State is dealing shall be classified according to the classification stipulated in Article (18) above, taking into consideration the exceptions contained in the Article.

              2. A foreign insurance company operating in the State through a branch shall annually submit a certified certificate from its head office in the home country in which it supports that the insurance business subscribed within the State and which exceeds its retention is covered by reinsurance covers with reinsurers who have the classification stipulated in Article (18) of these Regulations, taking into consideration the exceptions contained in the Article.

              3. The following entities shall not be subject to the classification requirement stipulated in the preceding two paragraphs.

              a. Insurance companies incorporated in the State and licensed by the Authority, when acting as reinsurers.

              B. Insurance or reinsurance pools and insurance underwriting Syndicates.

              C. Reinsurers exempted from Sub-Article (1) of this Article, by the DirectorGeneral for technical, regional or International purposes.

            • Article (27)

              1. The Company shall prepare a three-year plan and submit it to the Board of Directors for approval concerning the Retention and Reinsurance for each type and class of insurance types and classes that company carries out, based on the nature of the underwritten risks, the number of companies and their accumulation and based on available statistical data on loss ratios in each class of insurance and its trends and future projections affecting those potentials.
                 
              2. The plan shall be reviewed annually during the three months prior to the commencement of each year in order to amend whatever is required to be amended in light of the experience achieved during the previous period.
                 
              3. The Plan (and the amendments made to it at the time of review) shall be submitted to the Board of Directors of the company for approval.
                 
              4. The plan shall include at least the following main lines:
                 
                1. Retention and Reinsurance treaties limits and the ceded Facultative Reinsurance operations.
                   
                2. The type of reinsurance treaties (proportional: quota-share or surplus, non- proportional: Excess of loss or stop loss) or a program combining the aforementioned types.
                   
                3. Facultative reinsurance ceded locally and abroad and facultative obligatory reinsurance covers.
                   
                4. The leading reinsurer and follower reinsurers, their credit rating and monitoring the accumulation cases.
                   
                5. The Reinsurance brokers to be contracted with the Company and the reasons for their selection.
                   
                6. How to protect the company's retention in cases of accumulation or catastrophes and in cases of unknown accumulation.
                   
                7. The Commissions payable to the Company and whether they are flat or variable according to the loss ratios and profit commissions and rules of their calculation.

                 
              5. In the case of unforeseen events that require amendment of the plan during the year, the company's management shall take and implement the necessary procedures, provided that those procedures and their causes and results shall be presented to the company's board of directors at the first subsequent meeting.
            • Article (28)

              The Company shall include a condition in its reinsurance treaty with the reinsurer that binds the reinsurer to maintain the provisions of its unearned premiums for reinsurance premiums ceded by it.

            • Article (29)

              In case the liability of the Company in a particular class of direct insurance is unlimited, the reinsurance treaty that the Company will conclude to protect its liability should also be unlimited.

            • Article (30)

              The company may cede to the insurance or reinsurance pool after obtaining the prior approval of the Director General. It may also cede the reinsurance business to the insurance underwriting syndicates without the need for a prior approval.

            • Article (31)

              The company shall obtain approval before submitting its offer from a leading reinsurer that meets the conditions stipulated in Article (18) of these regulations, in case of its participation in tenders to obtain insurance covers, and in case the insurance cover of the tender is one which the company does not have a reinsurance treaty that covers the surplus liabilities of its retention or the company can not cede to its reinsurance treaties because of its special conditions, provided that the company completes the cover of its liabilities before the effective date of the insurance coverage in case of winning the tender.

            • Article (32)

              The Takaful Insurance Company, when ceding its business to a reinsurer, that practices both reinsurance and Takaful reinsurance, shall request that reinsurer to provide provision which has to be Islamic Sharia compliant in all parts of its funds to meet the payments that may be required to pay to the Company.

            • Article (33)

              1. The management of the insurance company shall immediately inform its board of directors and the Authority if there is a probability of a problem in reinsurance arrangements which may affect its capability to meet its obligations with the necessary clarifications and procedures to remedy the situation. The Director General shall hold a meeting with the company management to discuss the matter and ways to find a suitable solution, especially in the following cases:

              1. The Company's inability to complete the coverage of its reinsurance treaties before the date of renewal;
                 
              2. Having the information that indicates that one of the reinsurers is unable to meet its obligations;
                 
              3. The reinsurer's failure to pay what he owes to the company despite of submitting claims.
                 
              4. The discovery of a liability that the Company has taken exceeding its capacity of retention and has not been covered by reinsurance;
                 
              5. Exhaustion of reinsurance covers capacity due to excess of losses and amounts as stipulated in the reinsurance treaty;
                 
              6. The reinsurer's classification rating becomes lower than the acceptable minimum.

              2. The Director General shall direct the Company to cease dealing with a particular reinsurer in case the Authority has a confirmed information concerning the reinsurer default financial position or its failure to pay its obligations, provided that the cease time from dealing with the company is determined by a deliberation with the company management.

              3. The Director General may request that no renewal shall be made with any reinsurer who has lost the conditions stipulated in these regulations and that no new business shall be ceded to it.

            • Article (34)

              1. The insurance company incorporated in the State and licensed by the Insurance Authority shall bind in the preparation of its annual financial statements and its final accounts to allocate an amount equals to 0.5% (five per thousand) of the total reinsurance premiums ceded by them in all classes in order to create a provision for the probability of failure of any of the reinsurers with whom the Company deals to pay what is due to the company or default in its financial position. These provisions shall be accumulated year after year and may not be disposed of without the written approval of the Director General.

              2. The Director General may agree to cease these allocations when the accumulated amount reaches an acceptable limit.

            • Article (35)

              1. The Company shall inform the Authority of the name of the responsible officer for the reinsurance business, its qualifications and practical experience. This officer should not be assigned to any other duties in the Company.

              2. In the case the Company is practicing two types of insurance (property and liabilities on the one hand and the insurance of persons and funds accumulation on the other hand) then it is permissible to have a single reinsurance officer; provided that the records are separated.

              3. The reinsurance department shall prepare quarterly reports on the results of reinsurance treaties, reinsurance covers and facultative reinsurance operations and the reports shall be submitted to the company’s Board of Directors.

            • Article (36)

              The Company shall provide the Authority though Electronic Means or other means adopted by the Authority within 30 days from the commencement of each underwriting year with the information relating to the following ceded reinsurance businesses:-

              1- The name of the leading reinsurer of the company’s reinsurance treaties or the name of the reinsurer who holds the largest share thereof.

              2. A statement indicating that it has completed the coverage of its liabilities pursuant to the reinsurance policy adopted by the company and in the case of remaining uncovered shares, explaining the reasons for this and the actions taken by the company to complete coverage and protect its interests.

              3. The Classification of reinsurers mentioned in paragraph (1) of this Article.

          • Chapter Five: The Reinsurance Businesses Accepted by Insurance Companies Established in the State

            • Article (37)

              1- The Company may accept the reinsurance business from insurance companies operating in the State or from abroad in accordance with the conditions stipulated in this chapter.

              2. The accepted businesses shall be of the types and classes of insurance which it is licensed to practice in direct insurance.

              3. The premiums of treaty and facultative reinsurance accepted by the insurance company inside and outside the State shall not exceed 49% (forty-nine percent) of the total underwritten premiums by the Company.

              4. Exception from Sub-Article (3) of this Article, the Director General may issue a decision to allow exceeding the percentage stated in the said Sub-Article,according to the following conditions:

              A. The extent of technical balance to the Company’s portfolio.

              B. Assessing the soundness of the Company’s financial position.

              C. The extent of the Company meeting its obligations in terms of insurance and reinsurance.

              5. The foreign insurance companies licensed and registered to operate in thestate, which transact the reinsurance business, are subject to this article.

            • Article (38)

              The following are conditional upon acceptance of the facultative reinsurance business:

              1. The Accepted liabilities shall be either within the Company's retention or exceeding it. In the latter case, the Company must have a reinsurance treaty that protects the surplus liability and the treaty shall contain a provision that allows the company to accept the facultative reinsurance operations within the determined limits.

              2. If the Company intends to cover the surplus liability in whole or in part with the facultative reinsurance with another reinsurer, in this case it shall obtain the prior approval of the ceding company.

            • Article (39)

              1. In order to accept the treaty reinsurance business, the insurance company established in the State is required to obtain approval from the Director General. In order to attain the approval, the company shall satisfy the following requisites:

                A. The company’s Articles of Association should contain a condition authorizing the company to accept Reinsurance operations.

              B. The minimum subscribed and paid up capital of the Company should not beless than 350,000,000 (three hundred and fifty million dirhams).

              C. The company shall submit to the Authority through Electronic Means or othermeans adopted by the Authority an endorsement request (addition of practicing the activity of accepting treaty reinsurance business) and issuance of the Director General’s decision to approve the request after submitting the following documents and information:

              1. A certificate supports that the company will practice this activity in the same types and classes of insurance it is licensed to practice.
              2. Feasibility study.
              3. A business plan relating to its policy of accepting treaty reinsurance operations that deals with the matters stipulated in terms from (1) to (7) and Sub-Article (11) of Article (13) of the Instructions herein.
              4. A study on the financial position of the company and the volumes of its free reserves and whether these reserves qualify it to subscribe in the treaty reinsurance operations locally, regionally or internationally, accompanied by an actuary report indicating the company’s adequacy of the technical provisions, the financial solvency, the minimum capital, and the extent of the company compliance in implementing the financial instructions issued by the Authority.
              5. The existence of a specific classification of the company pursuant to the provisions of Article (18) of these regulations.
              6. A report on how the Company will protect its accepted liabilities, including the Retrocession program.
              7. The company shall have the technical and legal staff specializing in reinsurance at the local, regional and international levels.

              2. The branch of the foreign insurance company licensed and registered with the Authority may accept the treaty reinsurance operations both inside and outside the State within the terms and conditions contained in these regulations and in particular the terms and conditions stipulated in this chapter.

          • Chapter Six Participating in Insurance or Reinsurance Pools and Dealing with Them.

            • Article (40)

              1- The company may participate in establishing and dealing with insurance or reinsurance pools established inside or outside the State.

              2 - Before participating in the establishment or dealing with these pools, the company shall obtain the prior approval of the Director General and provide the Authority with the following information:

              1. Insurance and / or reinsurance classes that will be carried out by the pool;
                 
              2. A copy of the pool’s Articles of Association.
                 
              3. Copies of the treaties concluded by the pools with the participant and ceding companies.
                 
              4. The classification rate obtained by the pool in case it has a classification.
                 
              5. Names, addresses and specializations of other companies participating in the pool.
                 
              6. Copies of the audited financial statements of the pool for the previous three years.
          • Chapter Seven Final Provisions

            • Article (41)

              Reinsurance companies established in the State and branches of foreign reinsurance companies licensed and registered with the Authority shall be subject to the insurance transaction fees stipulated in the Cabinet's Resolution No. (23) of 2009 concerning Fees for Supervision, Control and Insurance Transactions.

            • Article (42)

              All the provisions of the legislation governing the direct insurance business shall be applied to the reinsurance companies as far as they are consistent with the nature of the reinsurance business, including the Financial Instructions of the Insurance Companies and the Financial Instructions of the Takaful Insurance Companies.

            • Article (43)

              Insurance and reinsurance companies must reconcile their positions with the provisions stipulated in these Instructions within eighteen months from the date they come into effect.

            • Article (44)

              The Director General shall issue the required decisions to facilitate the enforcement of the provisions of these Regulations.

            • Article (45)

              The regulations herein shall be published in the Official Gazette and shall come into force as of the day following the day of its publication.

    • Insurance-Related Professions

      • Insurance Consultants

        • Insurance Agents

          • Actuaries

            • Surveyors & Loss Adjusters

              • Third Party Health Insurance Administrators

                • Insurance Brokers

                  • Bank Insurance

                    • Points of Sale

                      • Insurance Producers

                        • Insurance Authority Board of Directors Decision No. ( 9 ) of 2017 Concerning the Regulations on Licensing and Registration of Actuaries and Regulation of their Operations

                          IA-BOD-RES 9/2017 Effective from 23/3/2017
                          • Insurance Authority Board Resolution No. 9 of 2011 Concerning the Instructions for Licensing Health Insurance Third Party Administrators and Regulation and Control of their Business

                            IA-BOD-RES 9/2011 Effective from 4/12/2011

                             

                            This Resolution has been amended by the Insurance Authority Board of Directors' Resolution No. (7) of 2015 and the Insurance Authority Board of Directors' Resolution No. (15 of 2020 respectively. You are viewing the latest version. Please find the PDF of the first version on the table below.
                            version 2 (consolidated as of 30/03/2020) 
                            version 1 (effective from 04/12/2011) 

                             

                            • Insurance Authority Board Resolution No. 08 of 2011 Instructions Concerning the Regulation of Insurance Agents Business

                              IA-BOD-RES 8/2011 Effective from 7/4/2011

                              The Minister of Economy, Chairman of the Board of Directors of the Insurance Authority:

                              Having perused:

                              • The Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                 
                              • The Insurance Authority Board Resolution No.2 of 2009 issuing the Implementing Regulations of the Law no. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business; and
                                 
                              • Based on the recommendation of the Director General of the Insurance Authority and the approval of the Insurance Authority Board of Directors,

                              Has decided:

                              • Insurance Authority Board of Directors Decision No. ( 13 ) of 2018 Instructions Concerning Marketing Insurance Policies through Banks

                                IA-BOD-RES 13/2018 Effective from 24/5/2018

                                 

                                This Decision has been amended by the Insurance Authority Board of Directors' Decision No. (42) of 2019. You are viewing the latest version. Please find the PDF of the previous version on the table below.
                                version 2 (consolidated as of 15/09/2019) 
                                version 1 (effective from 24/05/2018) 

                                 

                                The Chairman of the Board of Directors of the Insurance Authority,

                                Having pursued;

                                1. — The Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof and its Executive Regulations.
                                2. — Federal Law No. (1) of 2006 concerning Electronic Transactions and Commerce.
                                3. — The Federal Law No. (10) of 1980 concerning the Central Bank, Monetary System, and the Regulations of Banking;
                                4. — The Federal Law No. (6) of 1985 concerning Banks, Financial Institutions and Islamic Investment Companies; and
                                5. — Based on the recommendations of the Director General of the Insurance Authority and the approval of the Insurance Authority's Board of Directors,

                                Has resolved:

                                • Insurance Authority Board of Directors' Resolution No. (27) of 2020 Concerning the Instructions for Licensing Insurance Producers

                                  IA-BOD-RES 27/2020 Effective from 18/11/2020

                                  Chairman of the Insurance Authority,

                                  Having pursued:

                                  • - The Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations, its amendments and its Executive Regulations;
                                  • - Federal Law No. (2) of 2015 On Commercial Companies, and the amendments thereof;
                                  • - Cabinet Resolution No. (7) of 2019 Concerning the Administrative Fines Imposed by the Insurance Authority;
                                  • - Insurance Authority Board of Directors' Resolution No. (3) of 2010 on the Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the UAE and the amendments thereof;
                                  • - Insurance Authority's Board of Directors' Decision No. (15) of 2014 Concerning Data and Information Listed in the Register of Insurance Companies and Insurance Related Professions;
                                  • - Insurance Authority Board of Directors' Resolution No. (12) of 2016 Concerning the Elapse of the Impact of the Disciplinary Sanctions Imposed on Insurance Related Professions;
                                  • - Insurance Authority Board of Directors' Decision No. (18) of 2020 Concerning the Electronic Insurance Regulations;
                                  • - And based on the recommendation of the Insurance Authority Director General and the approval of the Board of Directors thereof,

                                  Has Decided:

                                  • The Board's Decision No. ( 37 ) of (2017) Concerning the Instructions for the Licensing and Registration of the Points of Sale Affiliated to Insurance Companies and the Organization of their Operations.

                                    IA-BOD-RES 37/2017 Effective from 27/10/2017

                                    Chairman of the Insurance Authority:

                                    Having perused:

                                    - The Federal Law No. (6) for the year 2007 regarding the Establishment of the Insurance Authority and the Organization of its Operations as amended.
                                    - The Cabinet Decision No. (23) of 2009 Concerning the Fees for Supervision, Control and Insurance Transactions,
                                    - The Insurance Authority Board of Directors' Decision No. (2) of 2009 on Issuing the Executive Regulation of Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organizing of its Operations,
                                    - The Insurance Authority Board of Directors' Decision No. (13) of 2015 Concerning the Procedures for Anti- money Laundering and Combating Terrorist Financing in Insurance Activities.
                                    - Administrative Decision No. (79) of 2015 Concerning the Guidelines for Anti- Money Laundering and Combating Terrorist Financing in Insurance Activities.
                                    - Based on the recommendation of the Director and the approval of the Board of Directors.
                                     

                                    Has decided:

                                    • Board of Directors' Decision No. ( 12 ) of 2018 Concerning the Regulation on Licensing and Registration of Insurance Consultants and Organization of their Operations

                                      IA-BOD-RES 12/2018 Effective from 20/5/2018

                                      The Chairman of the Insurance Authority,

                                      Having pursued,

                                      - The Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof; and its Administrative Regulations,
                                      - The Federal Law No. (1) of 2006 concerning Electronic Commerce and Transactions,
                                      - The Federal Law No. (2) of 2015 concerning Commercial Companies,
                                      - Federal Law No. (14) of 2016 concerning Administrative Violations and Penalties in the Federal Government,
                                      - The Cabinet Resolution No (23) of 2009 Concerning the Supervision and Control Fees Applicable to Insurance Transactions,
                                      - The Insurance Authority Board of Directors Resolution No. (15) of 2014 concerning Information and Data Contained in the Register of Insurance Companies and Associated Professions,
                                      - The Ministerial Resolution No. (23) of 1985 Concerning the Regulation of the Insurance Consultancy, and the amendments thereof;

                                      - Based on the recommendation of the Director General of the Insurance Authority and the approval of the Board of Directors,

                                      Has decided,

                                      • Insurance Authority Board of Directors Resolution No. 15 of 2013 Concerning Insurance Brokerage Regulations

                                        IA-BOD-RES 15/2013 Effective from 9/10/2013

                                         

                                        This Resolution has been amended by the Insurance Authority Board of Directors' Resolution No. (20) of 2014. You are viewing the latest version. Please find the PDF of the previous version on the table below.
                                        version 2 (consolidated as of 30/10/2015) 
                                        version 1 (effective from 09/10/2013) 

                                         

                                        The Chairman of the Insurance Authority,

                                        Having perused:

                                        1. - The Federal Law No. 1 of 1972 concerning the Functions of Ministries and the Powers of Ministers, and the amending laws thereof;
                                           
                                        2. - The Federal law No. 8 of 1984 concerning Commercial Companies, and the amendments thereto;
                                           
                                        3. - The Federal law No. 6 of 1985 concerning Islamic Banks, Financial Institutions and Investment Companies;
                                           
                                        4. - The Federal law No. 6 of 2002 concerning Criminalization of Money Laundering;
                                           
                                        5. - The Federal law No. 8 of 2004 concerning the Financial Free Zones;
                                           
                                        6. - The Federal law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                           
                                        7. - Cabinet Resolution No. 28 of 2007 concerning the Implementing Regulations of the Federal Law No. 8 of 2004 concerning the Financial Free Zones;
                                           
                                        8. - Cabinet Resolution No. 23 of 2009 concerning the Fees for Supervision, Control and Insurance Transactions;
                                           
                                        9. - Ministry of Economy Resolution No. 543 of 2006 concerning the Regulations of the Insurance Consultation Practice;
                                           
                                        10. - Insurance Authority Board of Directors Resolution No. 2 of 2009 issuing the Implementing Regulations of the Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the regulation of Insurance Business; and
                                           
                                        11. - Based on the recommendation of the Director General of the Insurance Authority and the approval of the Board of Directors;

                                        Has decided the following:

                                        • Insurance Authority Board of Directors Resolution No. 6 of 2010 Concerning Surveyors and Loss Adjusters’ Regulations

                                          IA-BOD-RES 6/2010 Effective from 14/11/2010

                                          The Minister of Economy, Chairman of the Insurance Authority Board of Directors,

                                          Having perused:

                                          • The Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                             
                                          • Insurance Authority Board of Directors Resolution No. 2 of 2009 regarding issuing the Implementing Regulations of the Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the regulation of Insurance Business;
                                             
                                          • The Resolution of the Minister of Economy No. 21 of 1985 regarding the Requirements and Procedures for Registration in the Surveyors and Loss Adjusters’ Register.

                                          Has decided:

                                          • Definitions

                                            • Article 1

                                              These Instructions shall be named as “Instructions for Licensing Health Insurance Third Party Administrators and Regulation and Control of their Business.

                                              • Article (1) Definitions

                                                1. These Instructions are called Instructions Concerning the Regulation of Insurance Agents Business and they shall be referred to hereinafter as "the Instructions"
                                                   
                                                2. The following words and expressions, wherever used in these Instructions shall have the meanings ascribed thereto below, unless the context otherwise requires:
                                                   
                                                State/UAE:United Arab Emirates;
                                                 
                                                Law:The Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                                 
                                                Competent Authority:The local competent authority in the concerned Emirate;
                                                 
                                                IA:The Insurance Authority established under the provisions of the Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                                 
                                                Board:The Insurance Authority Board of Directors;
                                                 
                                                Chairman:The Chairman of the Insurance Authority Board of Directors;
                                                 
                                                Director General:The Director General of the Insurance Authority;
                                                 
                                                Company:An insurance company incorporated in the UAE and a foreign insurance company licensed to practice the insurance business in the UAE either through a branch or an Insurance Agent;
                                                 
                                                Insurance Agent:The person approved and authorized by the Company to practice the insurance business on behalf thereof;
                                                 
                                                Register:The register designated by the IA for Insurance Agents licensed to operate in the State.
                                                • Definitions

                                                  • Article (1) Definitions

                                                    The following terms and expressions shall have the meanings assigned to each of them unless the context indicates otherwise: -

                                                    State: The United Arab Emirates

                                                    Law: Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.

                                                    Executive Regulation: The Executive Regulation of the Law.

                                                    Authority: The Insurance Authority.

                                                    Board: The Board of Directors of the Insurance Authority.

                                                    Director General: The Director General of the Insurance Authority.

                                                    Company: The insurance company incorporated in the State, and the foreign insurance company licensed to carry out insurance activities in the State, either through a branch or through Insurance Agent, including Takaful insurance.

                                                    Client: The person with whom the Insurance Producer is dealing with in accordance with the provisions of these Instructions.

                                                    Insurance Policy: The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their liabilities and rights or the rights of beneficiary of the insurance and the annexes therein.

                                                    Insurance Producer: The natural or corporate person who is licensed by the Authority to practice the profession of marketing insurance policies through ordinary means or electronic means and registered in the Register.

                                                    Register: The Insurance Authority's Register of Insurance Producers.

                                                    Electronic Systems: Smart electronic services or other systems adopted by the Authority.

                                                    Competent Authorities: The government entities concerned with overseeing the works specified in their establishment laws.

                                                    • Definitions

                                                      • Definitions

                                                        • Article 1 Definitions

                                                          Unless the context otherwise requires, the following words and expressions shall have the meanings ascribed thereto below:
                                                           

                                                          The State / UAE The United Arab Emirates.
                                                          The LawThe Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
                                                          Implementing Regulations The implementing Regulations of the Law.
                                                          IAThe Insurance Authority.
                                                          BoardThe Board of Directors of the Insurance Authority.
                                                          DirectorThe Director General of the Insurance Authority.
                                                          Free Zone Any financial free zone established in the UAE pursuant to the provisions of the Federal Law No. 8 of 2004 concerning the Financial Free Zones.
                                                          Company: An insurance company incorporated and licensed to practice insurance activities in the UAE, or a foreign insurance company licensed to practice insurance activities in the UAE, whether through a branch or an insurance agent.
                                                          Client: A person for whom the Insurance Broker practices the Insurance Brokerage business in accordance with the provisions of these Regulations.
                                                          Insurance Policy: The contract concluded between the Company and the Client containing the rights and obligations of each party or the rights of the Beneficiary and any endorsement thereto.
                                                          Beneficiary: A person who acquires the insurance policy rights from the beginning, or to whom such rights have been legally transferred.
                                                          Insurance Brokerage: Intermediation (brokerage) in insurance and reinsurance transactions between the Company and the Client in return for a commission paid by the Company.
                                                          Insurance Broker: A juridical person licensed by the IA to practice the Insurance Brokerage activity.
                                                            

                                                           

                                                          • Article 1 Definitions

                                                            1. These Regulations are named as "The Surveyors and Loss Adjuster’s Regulations" and they shall be referred to hereinafter as "the Regulations".
                                                               
                                                            2. The following words and expressions, wherever used in these Regulations, shall have the meanings ascribed thereto below, unless the context otherwise requires:
                                                              UAEThe United Arab Emirates
                                                              LawThe Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                                              Competent AuthorityA competent governmental authority in an Emirate;
                                                              IAThe Insurance Authority established under the provisions of Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;
                                                              BoardThe Board of Directors of the Insurance Authority;
                                                              ChairmanThe Chairman of the Board of Directors of the Insurance Authority;
                                                              Director GeneralThe Director General of the Insurance Authority;
                                                              CompanyAn insurance company incorporated and licensed to practice insurance activities in the UAE, or a foreign insurance company licensed to practice insurance activities in the UAE, whether through a branch or an insurance agent.
                                                              Surveyor and AdjusterA natural or juridical person specialized in surveying and loss adjustment of damage incurred by the insured interest, who prepares a report on the settlement thereof.
                                                              RegisterA register designed for the registration of Surveyors and loss Adjusters with the IA.
                                                              RegistrationRegistering in the Register
                                                            • Article (1)

                                                              The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:

                                                              State: The United Arab Emirates

                                                              Law: Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.

                                                              Executive Regulations: The Executive Regulations of the Law.

                                                              Authority/IA: The Insurance Authority.

                                                              Board: The Board of Directors of the IA.

                                                              Director General: The Director General of the IA.

                                                              Company: An insurance company established in the State, and the foreign insurance company licensed to carry out insurance activities in the State, either through a branch or an Insurance Agent.

                                                              Actuary: A natural or corporate person licensed by the IA to exercise the actuarial profession and registered therewith in the Register of Actuaries. The term 'Actuary' wherever used herein shall indicate both types of Actuary unless explicitly provided otherwise.

                                                              Register: The Register of Actuaries at the IA.

                                                              • Article (1)

                                                                1. The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:
                                                                State
                                                                 
                                                                The United Arab Emirates.
                                                                 
                                                                Law
                                                                 
                                                                Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations, and the amendments thereof.
                                                                 
                                                                Authority/IA
                                                                 
                                                                The Insurance Authority established pursuant to the provisions of the Law.
                                                                 
                                                                Board
                                                                 
                                                                The Board of Directors of the Authority.
                                                                 
                                                                Chairman
                                                                 
                                                                The Chairman of the Board.
                                                                 
                                                                Director General
                                                                 
                                                                Director General of the Authority.
                                                                 
                                                                Company
                                                                 
                                                                An insurance company (and a Takaful insurance company) established in the State, and a foreign insurance company licensed to operate in the State, either through a branch or an insurance agent.
                                                                 
                                                                Insurance Policy
                                                                 
                                                                The insurance policy entered into between the Company and the insured party, containing the terms of contract between the parties and their rights and obligations, or the rights of the beneficiary, and any addendum thereto.
                                                                 
                                                                Central Bank
                                                                 
                                                                The United Arab Emirates Central Bank, established under the Federal Law No. (10) of 1980 Concerning the Central Bank, Monetary System, and the Regulations of Banking.
                                                                 
                                                                Bank
                                                                 
                                                                A Bank or a Finance Company licensed by the Central Bank to operate in the State, unless explicitly stated or implied by context.
                                                                 
                                                                Designated Officer
                                                                 
                                                                The employee appointed by the Bank in collaboration with the insurance company to market insurance policies through the Bank.
                                                                 
                                                                Customer
                                                                 
                                                                A natural or corporate person dealing with the Bank.
                                                                 
                                                                Wallet Insurance
                                                                 
                                                                Insurance against loss or theft of the wallet containing credit cards, ID card, keys, or pocket money, and any other documents, covering hospitalization expenses resulting from injuries occurring in the course of loss or theft of wallets.
                                                                 
                                                                Electronic Means
                                                                 
                                                                The electronic, smart or otherwise resources adopted by the Authority
                                                                 
                                                                1. Other than as provided above, words and phrases used in these Instructions shall have the meanings given thereto under in the Law.
                                                                • Article (1)

                                                                  The following phrases and words shall have the meanings assigned to each of them unless the context of the text indicates otherwise:

                                                                  State: United Arab Emirates.

                                                                  Law: Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and the Organization of its Operations and its Amendments.

                                                                  Executive Regulations: The Executive Regulations of the law and its Amendments.

                                                                  Authority: Insurance Authority.

                                                                  Board: The Insurance Authority Board of Directors.

                                                                  Director General: the Director General of the Insurance Authority.

                                                                  Company: The insurance company incorporated in the State and the foreign insurance company licensed to operate in the State either through a branch or through the insurance agent, including Takaful insurance companies.

                                                                  Register: the Register at the Authority of the Points of Sale affiliated to insurance companies.

                                                                  Insurance Policy: The contract between the Company and the Insured, which includes the rights and obligations of each of them and the rights of the beneficiary and any annex to the contract.

                                                                  Points of Sale: The body established by the insurance Company in accordance with the provisions of these instructions.

                                                                  • Article (1)

                                                                    1. The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:

                                                                    State: The United Arab Emirates
                                                                    Law: Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Organization of its Operations and the amendments thereof.
                                                                    Authority/IA: The Insurance Authority.
                                                                    Board: The Board of Directors of the Insurance Authority.
                                                                    Chairman: Chairman of the Board.
                                                                    Director General: The Director General of the Insurance Authority.
                                                                    Company: The insurance company established in the State, and the foreign insurance company licensed to carry out insurance activities in the State, either through a branch or an Insurance Agent, including Takaful insurance companies.
                                                                    Insurance Policy: The insurance document concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their liabilities, and rights or the rights of beneficiary and any endorsements therein.
                                                                    Register: Insurance Consultants' Register.
                                                                    Consultant: The natural or corporate person who studies the insurance requirements for his clients, gives advice in respect of the suitable insurance coverage, assists in preparing the insurance claims along with conducting the other duties specified in the these Regulations and receives his fees from his clients.
                                                                    Client: The natural or corporate person who requires the service of insurance consultations from a licensed Insurance Consultant in accordance with the provisions of these regulations.
                                                                    Electronic Means: Electronic and smart services or otherwise adopted by the Authority.

                                                                    2. Exception to what was provided above, the words and phrases contained in this regulation shall have the meanings given to them pursuant to the provisions of the Law and the Executive Regulations.

                                                                  • Article (2)

                                                                    1. No person may practice the profession of an insurance Consultant in the State unless he obtains a license from the Insurance Authority pursuant to the conditions and provisions of this Regulation.
                                                                    2. The company shall not deal with any person as an Insurance Consultant unless he is licensed and registered in the Register.

                                                          • General Provisions

                                                            • Article 2

                                                              The following words and expressions shall have the meanings ascribed thereto, unless the context otherwise requires:

                                                              State/UAE:The United Arab Emirates.
                                                              Law:The Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
                                                              Competent Authority:The local competent authority in the concerned Emirate.
                                                              Authority (IA):The Insurance Authority established under the provisions of Law.
                                                              Board:The IA Board of Directors.
                                                              Chairman:The Chairman of the IA Board of Directors.
                                                              Director General:The IA Director General.
                                                              Register:The Register of Health Insurance Third Party Administrators at the IA.
                                                              Insurance Company:An insurance company licensed by the IA to practice health insurance business in the State.
                                                              Health Insurance Third Party Administrator (TPA):A company licensed by the IA to perform health insurance third party administration in accordance with the provisions of these Instructions.
                                                              Medical Service Providers:Individuals and entities licensed by the competent health authority to provide medical treatment services such as hospitals, physicians, clinics, rehabilitation centers, medical laboratories, pharmacies and other professions associated with medical treatment services.
                                                              Beneficiary:A person insured by the Insurance Company.
                                                              Excess:The amount borne by the insured from the value of payable compensation.
                                                              Fraud:Deliberate deception by an individual or an entity for the purpose of unlawful exploitation of health care through intentionally fraudulent acts leading to receiving benefits, obtaining excluded advantages or exceeding the limits permitted to such individual or entity.
                                                              Abuse:Carrying out actions that may lead to obtaining un-entitled benefits or advantages, but with no intention of fraud, deception, deliberate lie or falsification of facts for the purpose of obtaining the benefits.
                                                              Agent:A natural person of UAE nationality or a juridical person incorporated in the UAE and fully-owned by natural UAE citizens.

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                               

                                                              • Article (2) Scope of Application

                                                                The provisions of these Instructions shall apply to all Insurance Agents in the UAE, excluding Insurance Agents operating in the free zones, unless otherwise stipulated under the laws and regulations of such free zones.

                                                                • General Provisions

                                                                  • General Provisions

                                                                    • General Provisions

                                                                      • The Duties of the Insurance Consultant

                                                                        • Article 2 Scope of Application

                                                                          1. The provisions of these Regulations shall apply to all Surveyors and Loss Adjusters in the UAE. |Surveying and loss adjustment in insurance may not be practiced unless the practitioner is registered in the special Register prepared for this purpose at the IA.
                                                                             
                                                                          2. A Company may not hire Surveyors and Loss Adjusters who are not registered in the Register, except in cases requiring special technical expertise, provided that the Director General is informed of the name, nationality and qualifications of such surveyor and loss adjuster, and the reasons for hiring and the work to be carried out thereby, as well as other information or data required by the Director General.
                                                                          • Article (2)

                                                                            1. The provisions of these Regulations shall apply to all Actuaries currently licensed and registered in the Register, as well as those to be licensed and registered.
                                                                               
                                                                            2. No person may practice the profession of an Actuary in insurance business in the State unless such person is licensed by the Authority and registered in the Register. The license shall be renewed annually pursuant to the provisions of these Regulations.
                                                                               
                                                                            3. Notwithstanding what is stipulated in Paragraph (2) of this Article, the persons that conduct supporting tasks to the licensed and registered Actuary and under his responsibility shall be excluded from licensing and registering requirements, provided that they shall not sign reports or Actuarial certificates or any documents associated with the actuarial profession or give actuarial consultations.
                                                                               
                                                                            4. An Actuary may combine his work in the insurance sector and work in other sectors whose nature requires the engagement of Actuaries.
                                                                               
                                                                            5. An Actuary may not combine between his capacity as an Actuary and as an Insurance Agent, Insurance Broker, Insurance Consultant, Insurance Surveyor & Loss Adjuster, or in any other profession associated with insurance.
                                                                               
                                                                            6. It is not permissible to combine the position of an Actuary and any other position or job in the Company or in any other related Company.
                                                                               
                                                                            7. The Company may not assign any actuarial duties to any person unless he is licensed and registered in the Register pursuant to the provisions of these Regulations.
                                                                               
                                                                            8. An Actuary may simultaneously contract with a number of insurance companies, according to the following:
                                                                               
                                                                              1. Actuary (Natural person):
                                                                                1. The maximum of three insurance companies to the Actuary who is a resident in the State.
                                                                                2. The maximum of two insurance companies to the Actuary who is a non- resident in the State.
                                                                              2. Actuary (corporate person):
                                                                                1. The maximum of four insurance companies for each single resident Actuary employed.
                                                                                2. The maximum of two insurance companies for each single non-resident Actuary employed.
                                                                                   
                                                                            9. It is not permitted to appoint, contract with, dismiss or form relation with an Actuary except by a resolution from the board of the directors of the insurance company.
                                                                               
                                                                            10. The Authority may restrict its approval to grant the license according the conditions and restrictions it determines. The Authority may suspend granting licenses based on public interest and for the time period it deems appropriate.
                                                                            • Article (2)

                                                                              1. The provisions of these Instructions shall apply to all insurance companies operating in the State who wish to market their polices through Banks.
                                                                                 
                                                                              2. Except where the Law provides otherwise, the provisions of these Instructions shall not apply to companies operating in free zones within the State.
                                                                                 
                                                                              3. No Company may market insurance policies through a Bank or authorize them to market insurance policies for its account except after obtaining the approval of the IA according to the principles and stipulations under these Instructions and the legislations issued by the IA.
                                                                                 
                                                                              4. The contractual relationship between the Company and the Bank may not include any form of insurance agency, insurance brokerage, insurance consultancy or any insurance-related profession; it shall only be limited to establishing a marketing channel.
                                                                                 
                                                                              5. The Company may enter into contractual relations with a view to market its insurance policies with one Bank, or more.
                                                                                 
                                                                              6. The Company may not authorize the Bank to market its policies to persons who are not customers of the Bank.
                                                                              • Article (2)

                                                                                1. The provisions of these Instructions shall apply to all Insurance Producers operating in the State.
                                                                                2. No person shall practice the activity of Insurance Producer unless licensed by the Insurance Authority and registered in the Register in accordance with the conditions and terms set forth in the Instructions herein.
                                                                                3. The Company shall not deal with any Insurance Producer not licensed by the Insurance Authority and registered in the Register.
                                                                                • Article (2)

                                                                                  1. The provisions of these Instructions shall apply to Points of Sale established by insurance Companies within the State to exercise the following functions individually or jointly:
                                                                                  1. (A) Issuing insurance policies in the lines of Motor Insurance, Health insurance and Travel Insurance.
                                                                                  2. (B) Identifying damages to vehicles.
                                                                                  3. (C) Receiving documents related to the claims of the lines, in which the Point of Sale is authorized to carry out, and to provide the claimant with a written notice or by any electronic means acknowledging the receipt of the documents. In the event of missing documents, the Claimant shall be informed to complete all necessary documents.
                                                                                  1. The Company shall be prohibited from opening a Point of Sale to exercise of the functions mentioned in the above sub- article (1) unless it has been authorized for such by the Insurance Authority and it has registered the Point of Sale in the register.
                                                                                     
                                                                                  2. The Point of Sale mentioned in this article shall not be authorized to pay compensations.
                                                                                     
                                                                                  3. The Company shall open a separate Point of Sale or within the offices of travel agencies, motor vehicle showrooms, shopping centers, or near immigration departments or other departments, institutions and private compounds.
                                                                                     
                                                                                  4. By a decision of the Director General, additional lines of insurance may be added to the lines referred to in clause (A) of the above sub-article (1), provided that they are related to insurance products with predetermined underwriting criteria without having to examine the condition of insurance applicant individually.
                                                                                  • Article (3)

                                                                                    The Insurance Consultant shall perform the following duties:

                                                                                    1. Study the legal, technical and financial aspects of the insurance or reinsurance operations presented to him and give an opinion on them based on the laws, regulations, instructions and decisions issued by the competent authorities and based on the common insurance principles governing these operations.
                                                                                    2. Study and evaluate the risks to be covered by insurance and prepare the basic elements of insurance coverage appropriate to those risks, and in particular the size of risks, the probabilities of their occurrence and the available capacity to cover them.
                                                                                    3. Studying the conditions of the insurance coverage offered to their clients and give advice thereon, including the amount of the deductible, the amount of the premium, the term of the policy and the exclusions that are usually inserted.
                                                                                    4. Participate with specialized experts in assessing the assets and liabilities of insurance companies when required to do so.
                                                                                    5. Give an opinion when required to do so by the official competent authorities on draft laws, regulations, instructions and decisions related to insurance or reinsurance when requested.
                                                                                    6. Give a statement of advisory opinion concerning the claims related to the insurance of persons and fund accumulation operations, and property and liabilities insurance when requested by the client.
                                                                                    7. Study and prepare reinsurance programs required by insurance companies to cover their business with reinsurance treaties or through facultative reinsurance.
                                                                                  • Article (4)

                                                                                    1. The Insurance Consultant may be a natural person or sole proprietorship or corporate person.
                                                                                    2. The Insurance Consultant may be licensed to practice the profession for all types of insurance or reinsurance or in a specific type or types according to their qualifications and experience.
                                                                                    3. The Insurance Consultant shall not combine the profession of an Insurance Consultant and any of the professions associated with insurance.
                                                                        • Conditions for Licensing and Registration

                                                                          • Article 3

                                                                            1. Health insurance third party administration may only be practiced by a company specialized in this kind of business and registered in the register.
                                                                               
                                                                            2. When practicing the business within any Emirate, a Health Insurance Third Party Administrator shall adhere to the regulations and instructions issued by the medical authorities of that Emirate.
                                                                            • Article (3) Insurance Agent Business Practice

                                                                              1. No person shall practice the business of Insurance Agent unless registered in the Register with the IA in accordance with the conditions and terms set forth in these Instructions and resolutions issued pursuant thereto.
                                                                                 
                                                                              2. The Company must be licensed and registered in the Register of Insurance Companies with the IA to practice the insurance business in the UAE.
                                                                                 
                                                                              3. The Company may not contract with any person to authorize such person to practice insurance business as agent thereof, unless such person is an Insurance Agent registered in the Register.
                                                                                 
                                                                              4. An Insurance Agent may not be an agent for more than one insurance company.
                                                                                 
                                                                              5. An Insurance Agent may not practice its business unless such Insurance Agent has an agency contract to practice the insurance business, such contract must include the condition mutually agreed between him and the Company registered in the Register of Insurance Companies in the State. A copy of the agency contract shall be submitted to the IA.
                                                                                 
                                                                              6. The Insurance Agency shall be personal and the Insurance Agent may not assign it or authorize a third party to practice the insurance business for which he is the agent. The business of the Insurance Agent shall be limited to practicing insurance agency business.
                                                                                 
                                                                              7. An Insurance Agent may not practice the profession of an insurance broker.
                                                                              • Types and Classes of Insurance (Takaful Insurance) for which Policies may be Marketed through Banks

                                                                                • Nature of the Insurance Producer Work

                                                                                  • Conditions for Licensing and Registration

                                                                                    • The Insurance Consultant (Natural Person) and Sole Proprietorship

                                                                                      • Article 3 Business Practices of Surveyors and Loss Adjusters

                                                                                        1. Individuals and companies may practice the operations of surveying and loss adjustment for damages incurred by the insured interest in accordance with the terms and conditions set forth in these Regulations.
                                                                                           
                                                                                        2. Employees of the Federal Government or local governments in the Emirates of the UAE, or employees of the public authorities, institutions, or insurance companies registered in the register of insurance companies in the UAE may practice the business of surveying and loss adjustment for their employers. However, they may provide third parties with the surveying and loss adjustment expertise, subject to the approval of their employers and the IA.
                                                                                           
                                                                                        3. Surveying and loss adjustment undertakings in the insurance business shall be limited to:
                                                                                           
                                                                                          1. Surveying of damage;
                                                                                             
                                                                                          2. Investigation in the causes of damage, the surrounding circumstances and loss adjustment of such damage; and consider whether it is covered by the insurance or not; and
                                                                                             
                                                                                          3. Determination of the amount of payable compensation pursuant to the terms and conditions of the insurance policy.
                                                                                             
                                                                                        4. For the purposes of these Regulations, work performed by a person who may be asked, by virtue of his/her expertise and technical knowledge, to provide technical assistance to a Surveyor and Loss Adjuster, is not considered as work of damage surveying and loss adjustment that require a license.
                                                                                           
                                                                                        5. The registration of a Surveyor and Loss Adjuster in the Register shall be a personal registration, which may not be sold or assigned in any case whatsoever. In case of violation of this condition, the registration of such Surveyor and Loss Adjuster shall be annulled after giving him/her a 7-day notice to adjust his/her position.
                                                                                        • Article (3)

                                                                                          A natural person applying for licensing and registration in the Register as an Actuary must satisfy the following conditions:

                                                                                          1. Hold any of the following qualifications:
                                                                                             
                                                                                            1. Fellowship or equivalent, by successfully passing the required examinations for such qualification as required by institutes or institutions specialized in actuarial studies and approved by the IA in accordance with Article (12) of these Regulations.
                                                                                               
                                                                                            2. Associateship or equivalent, by successfully passing the required examinations for such qualification as required by institutes or institutions specialized in Actuarial Studies and approved by the IA in accordance with Article (12) of these Regulations, and having a practical experience of no less than two years under the supervision of an Actuary holding the Fellowship or Associateship qualification.
                                                                                               
                                                                                          2. Have full legal capacity and be no less than 25 years of age.
                                                                                             
                                                                                          3. Have not been convicted with a felony or misdemeanor involving moral turpitude, trustworthiness or against public morals, or have been declared bankrupt and not rehabilitated.
                                                                                             
                                                                                          4. His membership for practicing the Actuary profession has never been suspended or cancelled by any entity as a disciplinary penalty, unless the membership was restored by such entity.
                                                                                             
                                                                                          5. Provide a professional liability insurance policy in accordance with the provisions of these Regulations, issued by a company licensed by and registered with the IA.
                                                                                             
                                                                                          6. Comply with the laws, Regulations, Instructions and Decisions issued the Authority and other relevant legislation.
                                                                                          • Article (3)

                                                                                            Insurance policies and Takaful insurance policies that may be marketed through Banks for the following types and classes of insurance and their equivalents in Takaful insurance, are exclusively the following:

                                                                                            1. Life Insurance and family Takaful insurance.
                                                                                            2. Health Insurance.
                                                                                            3. Fund accumulation operations.
                                                                                            4. Motor insurance and associated liabilities.
                                                                                            5. Personal accident insurance.
                                                                                            6. Comprehensive household insurance.
                                                                                            7. Travel insurance.
                                                                                            8. Insurance linked with housing loans, credit insurance, personal loans, credit cards and the like, such as the involuntary job loss insurance and wallet insurance.
                                                                                            9. Marine cargo insurance.
                                                                                            10. Any other products that the Authority decides to add.
                                                                                            • Article (3)

                                                                                              1. The activity of the Insurance Producer is limited to the marketing of insurance policies by attracting natural or legal persons to familiarize them with the company, its services and offers. He shall use regular or electronic means, by placing the electronic link of the company they work for on their online account or their pages on social networks, multimedia sharing networks, participatory work applications and smart applications. This shall be exclusively so that the applicants for electronic insurance will be transferred automatically to the website of the Company or the Agent.
                                                                                              2. A UAE national Insurance Producer may market insurance policies in all types and classes.
                                                                                              3. A non UAE national Insurance Producer may market motor vehicle insurance policies and health insurance policies. The Director General may make an exception by permitting the marketing of other types and classes of insurance.
                                                                                              4. An Insurance Producer shall not practice the business of an Insurance Agent or Broker or any other Insurance-Related Profession.
                                                                                              5. The Insurance Producer may not work for the Insurance Broker.
                                                                                              6. An Insurance Producer may not deal with more than one insurance company.
                                                                                              7. The Insurance Producer may work for the Company or for the Insurance Agent, provided that the Insurance Agent obtains an approval from the company represented by him to contract with the Insurance Producer.
                                                                                              8. The Insurance Producer, when carrying out the advertising, promotion and marketing of electronic or ordinary insurance operations, shall comply with the provisions of the instructions for the practicing the profession and its code of conduct and ethics that must be followed by the insurance companies operating in the state, and amendments thereto.
                                                                                              • Article (3)

                                                                                                1. To obtain the initial approval to open a Point of Sale of the insurance company, it is required to submit documents, data and information according to the form designated for this purpose, including the following:
                                                                                                   
                                                                                                  • Copy of the Company's decision to open the Point of Sale.
                                                                                                  • Identify the lines of insurance through which the Point of Sale will operate and the tasks that will be assigned to it.
                                                                                                  • The proposed address for the Point of Sale and in case it is decided that it will be located within the offices of other entities, a non-objection letter from this entity should be submitted.
                                                                                                  • The Point of Sale action plan.
                                                                                                  • A detailed statement that includes the qualifications and experience of the candidate to occupy the position of the official employee of the Point of Sale including his academic certificates, practical experience and training courses in which he participated.
                                                                                                  • Any additional documents, data or other documentation required by the Authority.
                                                                                                     
                                                                                                2. In order to obtain the final approval to open a Point of Sale, it is required for the company to submit an application for licensing and registration of the Point of Sale in the Register by completing the documents, data and information according to the form designated for that, accompanied by the following documents and data:
                                                                                                   
                                                                                                  • A copy of the lease agreement concerning the Point of Sale and the agreement between the Company and the entity in which the Point of Sale will be within its offices.
                                                                                                  • Copy of the decision appointing the Official employee responsible for the work operations of the Point of Sale.
                                                                                                  • Providing an information network linked to the company's automated system.
                                                                                                  • Availability of electronic devices required to perform the work.
                                                                                                  • The existence of a system for keeping records, insurance policies and documents.
                                                                                                  • Any documents or other data determined by the Authority.
                                                                                                • Article (5)

                                                                                                  A natural person or sole proprietorship applying for licensing and registration in the Register as an Insurance Consultant must satisfy the following conditions:
                                                                                                  1. Have full legal capacity.
                                                                                                  2. Have good reputation and conduct.
                                                                                                  3. Have not been convicted with a felony or misdemeanor involving moral turpitude, trustworthiness or against public morals, or have been declared bankrupt and not rehabilitated.
                                                                                                  4. The license to practice the insurance consultancy or any of the professions associated to insurance should not have been canceled or suspended as a disciplinary penalty, unless the effect of the penalty has elapsed.
                                                                                                  5. To meet any of the requirements of the educational qualifications and practical experience in the insurance, reinsurance or any of the insurance associated professions mentioned in paragraph (A) or in paragraph (B) of this clause, as a minimum:

                                                                                                  1. A Doctorate Degree in Insurance, Law, Finance, or subjects related to insurance, or a fellowship designation (FCII) from the Chartered Insurance Institute in London or equivalent institutes accredited by the Authority, which grant similar certificates along with a practical experience of not less than (5) years for Nationals and (10) years for non-Nationals.
                                                                                                  2. a Bachelors or Masters degree in Insurance, Law, Finance or subjects related to insurance or Associateship designation (ACII) from the Chartered Insurance Institute in London or equivalent institutes accredited by the Authority, along with a practical experience of not less than (7) years for Nationals and (15) years for non-Nationals.

                                                                                                  6. To pass the assessment conducted by the Authority for the applicants to register in the Register.

                                                                                                • Article (4)

                                                                                                  A corporate person applying for license to practice the profession of an Actuary must:

                                                                                                  1. Take one of the following forms:
                                                                                                     
                                                                                                    1. A company established within the State in accordance with the provisions of the Commercial Companies Law, with its main objective being to practice the actuarial profession.
                                                                                                       
                                                                                                    2. A branch of a company established in a free financial zone in the State or a branch of a foreign company, provided that such company is licensed to practice the actuarial profession in the free zone or the country of origin, and is subject to the supervision of a similar regulatory authority; and having no less than two years of practicing the actuarial business.
                                                                                                       
                                                                                                  2. The paid capital of the Company may not be less than AED 100,000 ( One Hundred Thousand Dirhams) for companies established in the State, or the equivalent of AED 250,000 (Two Hundred Fifty Thousand Dirhams) for companies established in a financial free zone in the State and foreign companies.
                                                                                                     
                                                                                                  3. Submit a proof confirming the satisfaction of the conditions stipulated in Article (3) of these Regulations with respect to all the persons conducting actuarial functions in the company; or an undertaking to meet all the conditions before the license is granted.
                                                                                                     
                                                                                                  4. Have been declared bankrupt and not rehabilitated.
                                                                                                     
                                                                                                  5. Provide a professional liability insurance policy, in accordance with the provisions of these Regulations, issued by a company licensed by and registered with the IA.
                                                                                      • Licensing and Registration Procedures

                                                                                        • Article 4

                                                                                          The business of Health Insurance Third Party Administrators shall be limited to:

                                                                                          1. Claim settlement arising from health insurance.
                                                                                             
                                                                                          2. Payment of health insurance claims on behalf of the Insurance Company.
                                                                                             
                                                                                          3. Management of health insurance programs approved by the Insurance Company.
                                                                                             
                                                                                          4. Entering into agreements with medical service providers on behalf of the Insurance Company.
                                                                                             
                                                                                          5. Developing health insurance programs provided that they may not market or sell them.
                                                                                             
                                                                                          6. Establishing a network for service providers.
                                                                                             
                                                                                          7. Providing consultancy services in underwriting (reports on the analysis of claim expenses and recommendations for effective underwriting.)
                                                                                          • Article (4) Insurance Agents Register

                                                                                            1. A register named the Insurance Agents Register shall be prepared in the IA and shall be referred to as (the Register) in these Instructions. All approved Insurance Agents shall be registered in the Register in accordance to the provisions of these Instructions and the resolutions issued pursuant thereto.
                                                                                               
                                                                                            2. A page in the Register shall be assigned to each Insurance Agent after accepting his registration where the following data and any amendments thereto shall be recorded:
                                                                                               
                                                                                              1. a. Number and date of registration;
                                                                                                 
                                                                                              2. b. Name of the Insurance Agent;
                                                                                                 
                                                                                              3. c. The address of his headquarters and branches, if any;
                                                                                                 
                                                                                              4. d. Name of manager in charge, his nationality and limits of authority;
                                                                                                 
                                                                                              5. e. Name of the company for which he acts as Agent and the types and classes of insurance licensed to be practiced by him;
                                                                                                 
                                                                                              6. f. The geographical scope of the agency;

                                                                                              7. g. Number, date and place of registration in the Commercial Register; and
                                                                                                 
                                                                                              8. h. Any other data as determined by the Director General.
                                                                                                 
                                                                                            3. In case the Insurance Agent is a juridical person, the following data shall be recorded in the Register, in addition to the data set forth in Clause 2 of this Article.
                                                                                               
                                                                                              1. a. The legal form of the corporate person;
                                                                                                 
                                                                                              2. b. Value of capital of the corporate person; and
                                                                                                 
                                                                                              3. c. Names, nationalities and shares of partners;
                                                                                            • Approval Conditions and Procedures

                                                                                              • Conditions for Licensing and Registration

                                                                                                • Considering the Application

                                                                                                  • The Insurance Consultant (Corporate Person)

                                                                                                    • Article 4 Surveyors and Loss Adjusters Register in the UAE

                                                                                                      1. A special register for Surveyors and Loss Adjusters shall be created in the IA.
                                                                                                         
                                                                                                      2. All Surveyors and Loss Adjusters shall be recorded in the Register with serial numbers according to the date of approval of their respective registration. A Surveyor and Loss Adjuster shall be recorded in the Register according to the types of insurance for which surveying and loss adjustment business is to be practiced.
                                                                                                         
                                                                                                      3. The Director General shall determine the data to be recorded in the Surveyors and Loss Adjusters Register and shall issue the forms of registration.
                                                                                                         
                                                                                                      4. If a Surveyor and Loss Adjuster is recorded in the Register based on incorrect information, the registration shall be cancelled by a decision issued by the Director General.
                                                                                                      • Article (5)

                                                                                                        1. For a natural person Actuary, the application for licensing and registration shall be submitted on the form designated by the Authority for this purpose enclosing the following information, and supporting documents:
                                                                                                           
                                                                                                          1. Name of applicant, nationality, address and place of residence inside the State and outside the State.
                                                                                                             
                                                                                                          2. A copy of the Emirati identification for the resident and passport for the non¬ resident.
                                                                                                             
                                                                                                          3. A certified copy of the Fellowship or Associateship qualification from the institutes or entities accredited by the Authority set forth in Article (12) herein, proving the validity of the Actuary's membership in the relevant actuarial body that he belongs to.
                                                                                                             
                                                                                                          4. A declaration that he has never been subject to disciplinary actions by the actuarial society that he belongs to, and by the supervisory authorities that he worked within their jurisdictions.
                                                                                                             
                                                                                                          5. A certified copy of the academic and professional qualifications.
                                                                                                             
                                                                                                          6. An official certificate proving that the applicant has never been convicted for an offence involving moral turpitude or trustworthiness along with a declaration that the applicant has never been declared bankrupt or bankrupt and rehabilitated.
                                                                                                             
                                                                                                          7. An undertaking to comply with the laws, Executive Regulations, Regulations, Instructions and Decisions issued the Authority.
                                                                                                             
                                                                                                          8. A proof of the payment of the prescribed fees as per the applicable Regulations and Instructions.
                                                                                                             
                                                                                                          9. Any other documents requested by the Director General.
                                                                                                             
                                                                                                        2. A corporate person applying for license and registration shall provide the following information and documents:
                                                                                                           
                                                                                                          1. A certified copy of the memorandum of association and articles of association of the Company.
                                                                                                             
                                                                                                          2. An authenticated certificate of the Corporate Actuary’s license issued by the financial free zone in the State or by the competent authority of the country of origin, as the case may be.
                                                                                                             
                                                                                                          3. A copy of the family book, passport, or ID card for each partner in the company.
                                                                                                             
                                                                                                          4. An undertaking to comply with the laws, Regulations, Instructions and Decisions issued the Authority.
                                                                                                             
                                                                                                          5. The documents stipulated in sub paragraphs (b), (d), (e), (f) and (i) Paragraph (1) of this Article in any person working in the company and does supporting actuarial tasks.
                                                                                                             
                                                                                                          6. A proof of the payment of the prescribed fees as per the applicable Regulations and Instructions.
                                                                                                             
                                                                                                          7. Internal risk management system concerning the quality of reports, internal audit system and a system for not issuing the reports expect until peer review.
                                                                                                             
                                                                                                        3. An undertaking to satisfy all the licensing conditions upon approving the application, within a period to be determined by the IA, otherwise, the approval shall be considered null and void, and not to commence activities before the IA makes sure that all licensing requirements are met, and an approval of such is granted.
                                                                                                           
                                                                                                        4. Any other documents or data requested by the IA.
                                                                                                        • Article (4)

                                                                                                          For approval to market insurance policies through Banks, a Company shall submit an application to the Authority through Electronic Means adopted for this purpose or other means adopted by the Authority containing the relevant information, data and documents, including:

                                                                                                          1. The approval of the Central Bank for the Bank to enter into contract with an insurance company to market insurance policies.
                                                                                                             
                                                                                                          2. To make sure that the Bank has a Designated Officer for the policies that are to be marketed.
                                                                                                             
                                                                                                          3. Submit a copy of the agreement between the parties, such agreement is subject to the approval of the Insurance Authority.
                                                                                                             
                                                                                                          4. The Company shall set a continuing training plan for the employees involved in marketing insurance products at the Bank.
                                                                                                             
                                                                                                          5. Any other requirements, documents or data as required by the Authority.
                                                                                                          • Article (4)

                                                                                                            First: For the licensing and registration of a (Natural) Insurance Producer, he must:

                                                                                                            1. Have full legal capacity with a minimum age of 18 years old;
                                                                                                            2. Be a natural person who is a UAE National or a natural person residing in UAE and fulfil the conditions determined by the concerned authorities.
                                                                                                            3. Hold any of the following qualifications as a minimum:
                                                                                                              • For UAE Nationals, to be a holder of a Secondary Education Certificate, in addition to a training course not less than two weeks in the Principles of Insurance.
                                                                                                              • For Non-UAE nationals, to be a holder of a university degree, in addition to a training course not less than two weeks in the principles of insurance.
                                                                                                            4. Be of good conduct and behaviour and has never been sentenced to a custodial penalty in a crime or offense of moral turpitude, unless rehabilitated;
                                                                                                            5. Not previously has his license of practicing any of the insurance related professions cancelled during the last five years.
                                                                                                            6. To successfully pass the assessment conducted by the Authority for the purposes of licensing and registration in the Register. An exception shall be made for holders of professional insurance certificates.
                                                                                                            7. The Insurance Producer shall not be permitted, before or after obtaining the license, to be a member of the board of directors, a general manager, an employee of the company, or a managing director for the company, to avoid conflicts of interest.
                                                                                                            8. Submit a copy of the contract concluded between the applicant and the Company.
                                                                                                               

                                                                                                            Second: For the licensing and registration of a (corporate) Insurance Producer in the Register, the following are required:

                                                                                                            1. To be a commercial company duly licensed in the state or licensed in a financial free zone.
                                                                                                            2. The company's functions must include marketing insurance products.
                                                                                                            3. To submit a no-objection letter from the authority from which the company obtained a license for practicing the profession of Insurance Producer.
                                                                                                            • Article (4)

                                                                                                              1. The Insurance Authority shall issue its decision to approve or reject the license application within a period not exceeding (20) working days from the date of the submission of the completed application. The Authority may associate its approval of granting the license with the conditions or restrictions it determines or suspend the granting of licenses in accordance with the public interest within the duration the authority deems appropriate.
                                                                                                                 
                                                                                                              2. If the license application is approved, the Point of Sale shall be registered in the Register.
                                                                                                              • Article (6)

                                                                                                                1. In the event that the applicant is a corporate person established in the State, then the following conditions must be met:
                                                                                                                A. The capital owned by Nationals shall be not less than 51%.
                                                                                                                B. Partners, managers and consultants working for the corporate person shall have the conditions stipulated sub-articles (1), (2) and (3) of Article (5) of this Regulation.
                                                                                                                C. The individual Consultant working for the corporate Insurance Consultant and shall meet all the conditions stipulated in Article (5) of this Regulation.
                                                                                                                2. In the event that the applicant is a foreign corporate person, the following conditions must be met:
                                                                                                                A. Be registered in his country of origin and licensed as a corporate Insurance Consultant.
                                                                                                                B. To establish a branch within the State.
                                                                                                                C. The branch shall have a UAE National sponsor.
                                                                                                                D. To employ at least one individual Insurance Consultant whom must meet all the conditions stipulated in Article (5) of these Regulations.

                                                                                                    • Reviewing the Application

                                                                                                      • Article 5

                                                                                                        Companies wishing to undertake health insurance third party administration shall satisfy the following conditions:

                                                                                                        1. Be a public or a private shareholding company or a limited liability company incorporated under the provisions of the Commercial Companies Law, or a branch of a company incorporated outside the UAE and has been practicing the business for a period of not less than two years, or a branch of a company incorporated and licensed in one of the financial free zones in the State.
                                                                                                           
                                                                                                        2. Obtain a license from the IA in accordance with the provisions of these Instructions in addition to a license from the competent authority in the concerned Emirate.
                                                                                                           
                                                                                                        3. Have a paid-up capital of at least five million UAE Dirhams.
                                                                                                           
                                                                                                        4. The objectives and purposes of the company’s business shall be limited to health insurance third party administration as stipulated in these Instructions.
                                                                                                           
                                                                                                        5. Obtain a professional indemnity insurance policy covering professional liability risks, provided that the sum insured thereof may not be less than AED (3,000,000) (Three Million Dirhams) and the excess amount may not be more than AED 100,000 (One Hundred Thousand Dirhams).
                                                                                                           
                                                                                                        6. Comply with internationally acceptable professional standards in the practice of health insurance third party administration.
                                                                                                           
                                                                                                        7. Submit a letter of bank guaranty in favor of the Chairman in his capacity, subject to the following conditions:
                                                                                                           
                                                                                                          1. To be issued by a bank operating in the State, according to the form designated by the IA;
                                                                                                          2. Be unconditional and unrestricted, payable on demand by the Authority at any time, and shall not be revoked except with the written approval of the IA;
                                                                                                          3. Be issued for the purpose of securing the settlement of transactions and fulfilling the obligations arising from practicing the activity towards insurance companies, medical service providers, customers and beneficiaries or to implement the decisions of IA;
                                                                                                          4. Its value may not be less than AED 1,000,000 (One Million Dirhams) for the head office and the branch of a company incorporated in the financial free zones or a branch of the company incorporated outside the State; and may not be less than AED 250,000 (Two Hundred Fifty Thousand Dirhams) for each branch affiliated thereto;
                                                                                                          5. The IA shall have the right to liquidate the letter of guaranty submitted by the Health Insurance TPA, in whole or in part, at any time to ensure that the Company fulfills its obligations due to the IA and those arising from practicing the activity.
                                                                                                        • Article (5) Combining of Insurance types

                                                                                                          1. The Insurance Agent may not combine personal insurance and fund accumulation on the one hand and property and liability insurance on the other hand.
                                                                                                             
                                                                                                          2. Exceptional to the provision of Clause 1, the juridical Insurance Agent may be registered to practice the business of Insurance Agent in personal insurance, fund Accumulation, property and liability insurance together by a decision of the Director General, provided that the following conditions are satisfied:
                                                                                                             
                                                                                                            1. a. The Company for which the corporate Insurance Agent practices the insurance business as agent must be licensed to practice insurance business in the UAE in all aforementioned types of insurance in accordance with the provisions of Law; or such corporate Insurance Agent shall be an agent for two or more companies, each of which must be licensed to practice a specific type of insurance.
                                                                                                               
                                                                                                            2. b. The conditions for practicing agency business in insurance must be satisfied in the type of insurance required to be practiced in accordance with provisions of these Instructions.
                                                                                                               
                                                                                                            3. c. Conduct a complete separation in the Insurance Agent’s financial and technical records between the records for each above insurance type.
                                                                                                          • Designated Officer

                                                                                                            • Application for License and Registration

                                                                                                              • The Conditions that Should be Present in the Official Employee Who will be Responsible for the Insurance Center

                                                                                                                • Application for licensing and Registration

                                                                                                                  • Chapter I General Provisions

                                                                                                                    • Article 5 Requirements for Registration

                                                                                                                      1. To register a UAE national Surveyor and Loss Adjuster, the following conditions must be satisfied:
                                                                                                                         
                                                                                                                        1. He may not be less than 21 years and must have full legal eligibility;
                                                                                                                           
                                                                                                                        2. He must be holder of a university degree in a specialization related to insurance business (excluding Surveyors and Loss Adjusters specialized in motor insurance, in which case they are required to hold a diploma certificate in automotive engineering the study period thereof is not less than two years). In addition, he must successfully pass the training courses in surveying and loss adjustment work in insurance. A decision to determine such courses shall be issued by the Director General;
                                                                                                                           
                                                                                                                        3. He must have practical experience in the area of damage surveying and loss adjustment in insurance of not less than five years (excluding Surveyors and Loss Adjusters specialized in motor insurance, in which case they are required to have experience of not less than three years). Surveyors and Loss Adjusters must also have practiced damage surveying and loss adjustment, independently or with a corporate person licensed to practice surveying and loss adjustment in the UAE;
                                                                                                                           
                                                                                                                        4. He must be of good conduct and behavior and has never been convicted in a moral turpitude crime;
                                                                                                                           
                                                                                                                        5. He must not be responsible, at the discretion of the Board, for a gross breach of any provision of the Companies Law in his capacity as a director general or a board member in a company, including the responsibility for causing compulsory liquidation of the company; and
                                                                                                                           
                                                                                                                        6. He must pass the examination prepared or approved by the IA for this purpose.
                                                                                                                           
                                                                                                                      2. To register a non-UAE national Surveyor and Loss Adjuster, One the following conditions must be satisfied, in addition to the conditions set forth in Clause 1 above:
                                                                                                                         
                                                                                                                        1. He have a UAE national sponsor;
                                                                                                                           
                                                                                                                        2. He must be a partner, manager or officer in charge in a damage surveying and loss adjustment company registered in the Register, or
                                                                                                                           
                                                                                                                        3. He must be an employee of the Federal Government, a local government in the UAE, a public authority or institution, or an insurance company registered in the Register of Insurance Companies in the UAE.
                                                                                                                           
                                                                                                                      3. To register an surveying and loss adjustment company, the following conditions must be satisfied:
                                                                                                                         
                                                                                                                        1. One partner in the company incorporated in the UAE must be holder of a university certificate in a specialization related to insurance business, successfully pass the training courses in expertise of surveying and loss adjustment, and have practical experience in damage surveying and loss adjustment of no less than five years.
                                                                                                                           
                                                                                                                        2. The company must have a manager in charge meeting the requirements and qualifications set forth in Clauses a. to f. of this Article.
                                                                                                                           
                                                                                                                        3. All partners, members of the board and managers in the company must meet the conditions of legal capacity and be of good conduct and behavior.
                                                                                                                           
                                                                                                                        4. The paid up capital of a company incorporated in the UAE may not be less than AED 1,000,000 and the share of UAE nationals therein may not be less than 51%. If the company is incorporated outside the UAE, it must have a UAE National.
                                                                                                                           
                                                                                                                        5. A company incorporated outside the UAE must be licensed to practice the damage surveying and loss adjustment profession in its country of incorporation.
                                                                                                                      • Article (6)

                                                                                                                        1. The IA shall issue its decision either by approving or rejecting the application during a period of no more (20) business day from the date the application was filed with the complete documents. In case of any shortage in the documents and information submitted, the applicant shall be notified to complete the missing documents and information within (60) days from the date of notification. If not completed within this period, the application shall be deemed cancelled and the applicant may not submit another application before the lapse of three months from the date of cancelling the application.
                                                                                                                           
                                                                                                                        2. In case the application for licensing gets approved, then he shall be registered at the Register after paying the prescribed fees.
                                                                                                                           
                                                                                                                        3. In case the application for licensing gets rejected, the applicant shall be notified of such, and he is entitled to appeal the rejection decision to the Board of Directors within thirty days from notifying him with the rejection decision. The Board of Directors’ decision shall be final.
                                                                                                                        • Article (5)

                                                                                                                          It is required by Designated Officer, to satisfy the following conditions:

                                                                                                                          1. 1- To successfully pass three training courses in insurance or insurance brokerage according to the conditions set forth by the Authority.
                                                                                                                          2. 2- To acquire practical training for a period of (30) hours at any insurance company in the same insurance products he is going to market.
                                                                                                                          • Article (5)

                                                                                                                            First: The application for license and registration in the Register for a Natural Person shall be submitted in accordance with the electronic systems prepared for this purpose at the Authority or other means adopted by the authority, including the required data along with the following supporting documents:

                                                                                                                            1. Name, nationality, address and place of residence of the applicant;
                                                                                                                            2. Copy of EID or passport including a valid residence visa;
                                                                                                                            3. Name of the Insurance Company for which he will work and the type and classes of insurance related to the intended insurance production practice;
                                                                                                                            4. A certificate of good conduct issued by the Competent Authorities;
                                                                                                                            5. A copy of the Equivalency of educational qualifications issued by the Competent Authorities in the State;
                                                                                                                            6. A copy of certificate of the training course attended;
                                                                                                                            7. A letter from an insurance company including the Company's approval to authorise the Applicant as its Insurance Producer in case he completed the procedures to obtain the license from the Authority;
                                                                                                                            8. Declaration of compliance with all laws, bylaws, regulations, instructions and decisions issued by the Authority;
                                                                                                                            9. An undertaking to fulfil all the requirements to obtain the license upon the approval of the application during the period stipulated in paragraph (1) of article (6) and not to commence the activity before the Authority verifies the fulfilment of all the license conditions, and issue its approval in this respect;
                                                                                                                            10. Any other documents required by the Authority.
                                                                                                                               

                                                                                                                            Second: The application for licensing and registration for a corporate person in the Insurance Authority's Register shall be submitted according to electronic systems or other adopted means, including the following data and supporting documents:

                                                                                                                            1. A certified copy of the Articles of Association and the Memorandum of Incorporation.
                                                                                                                            2. A certified copy of the legal person's license.
                                                                                                                            3. A no objection letter from the authority which granted the license.
                                                                                                                            4. Any documents, data or other papers required by the Authority.
                                                                                                                            • Article (5)

                                                                                                                              The Official Employee who will be responsible for the work of the Point of Sale shall be required to:

                                                                                                                              • Be an employee of the company, who has spent at least one year in service of the Company.
                                                                                                                              • Be of good conduct and has never been sentenced to a penalty restricting freedom in a crime against honor or integrity, unless he has been rehabilitated.
                                                                                                                              • Have completed at least secondary school.
                                                                                                                              • Participated in a training course in the lines of insurance practiced by the Point of Sale.
                                                                                                                              • The Company shall notify the Authority of the decision for appointing the Official Employee, and any amendment or change that may occur in regards to his transfer or termination of his service, and the reasons for such. The company shall notify the Authority immediately upon vacancy of the position and filling the vacancy within a period not exceeding 30 days from the date of vacancy.
                                                                                                                              • Article (7)

                                                                                                                                The application for licensing and registration in the Register shall be submitted to the Authority according to Electronic Means made for this purpose or other means adopted by the Authority, including the required data and accompanied by the following supporting documents:
                                                                                                                                1. For the (Natural Person) or sole proprietorship Insurance Consultant:
                                                                                                                                A. Name, nationality and address of the applicant and place of residence.
                                                                                                                                B. Copy of Emirati identification card or passport.
                                                                                                                                C. The type and branches of insurance or reinsurance related to the intended insurance consultancy practice.
                                                                                                                                D. Copy of the Equivalency of educational qualifications issued by the competent authority in the State.
                                                                                                                                E. Attested copy of the certificates of experience and a copy of the training courses attended.
                                                                                                                                F. Declaration that there are no disciplinary actions taken against him by the regulatory authorities of the markets in which he had worked.
                                                                                                                                G. Any other documents, data or papers requested by the Authority.

                                                                                                                                2. In the event that the applicant is a (Corporate Person) incorporated in the State, he shall provide, in addition to the documents required in section (1) of this article, the following:
                                                                                                                                A. Certified true copy of the Memorandum of Incorporation and Articles of Association.
                                                                                                                                B. Certified true copy of the company registration in the Trade Register.
                                                                                                                                C. Names, nationalities, qualifications and experience of the members of the Board of Directors or the Board of Managers.
                                                                                                                                3. In case the applicant is a foreign (Corporate Person), an attested certificate must be submitted for the corporate person's license issued by the official competent authority in the country of registration and any other data or documents required by the authority.

                                                                                                                                • Article 2

                                                                                                                                  1. The provisions of these Regulations shall apply to all Insurance Brokers operating in the UAE.
                                                                                                                                     
                                                                                                                                  2. No one may practice the Insurance Brokerage activity in the UAE without obtaining a license from the IA. Such license shall be renewed annually in accordance with the provisions of these Regulations.
                                                                                                                                • Article (8)

                                                                                                                                  1. The Director General shall make a decision on the application for licensing and registration within thirty days of completion of the information and documents and after the applicant pass the required assessment.
                                                                                                                                  2. In the case of acceptance of the application, the applicant shall be informed of such, through the electronic means designated for that purpose, or through other means adopted by the Authority, where he must do the following:
                                                                                                                                  A. Start the registration procedures with the competent authority in the respective Emirate, provided that registration is not made until after the issuance of the registration certificate.
                                                                                                                                  B. Provide a Professional Indemnity insurance policy in accordance with the provisions of Article (10) of this Regulation.
                                                                                                                                  3. After completion of the procedures stipulated in section (2) of this article, the applicant shall be registered in the Register and issued a certificate mentioning the registration number and date, indicating the name and address.
                                                                                                                                  4. In the event that the applicant fails to pass the assessment stipulated in Article (5) of this Regulation, he shall be informed of this and he may reapply to the assessment after six months of his notification about not passing the assessment; provided that he has participated in insurance courses for at least two months .If he does not apply for the re­assessment within one year from the date of notification of his failure to pass the assessment, his application shall be considered canceled.
                                                                                                                                  5. The concerned person whose application has been rejected may appeal to the Board of Directors within 20 days of his notification about the rejection and the Board's decision shall be final.

                                                                                                                                  • Article 3

                                                                                                                                    1. An Insurance Broker may combine brokerage business in personal insurances and funds accumulation operations on the one hand, and brokerage of property and liability insurance on the other hand, provided that both classes of business are completely separated in terms of books and records or personnel working in each class.
                                                                                                                                       
                                                                                                                                    2. An Insurance Broker may be specialized in any one of insurance types or insurance classes.
                                                                                                                                       
                                                                                                                                    3. An Insurance Broker may not combine their role as an insurance broker on the one hand and the role of an insurance agent, insurance consultant, surveyor and loss adjuster, or actuary on the other hand.
                                                                                                                                       
                                                                                                                                    4. An Insurance Broker may combine the Insurance Brokerage business in accordance with the provisions of these Regulations and the re-insurance brokerage business, subject to not combining both roles (insurance broker and re-insurance broker) for the same transaction and for the same party he works for.
                                                                                                                                       
                                                                                                                                    5. An Insurance Broker may not be partner or agent of any other Insurance Broker.
                                                                                                                    • The Term of License

                                                                                                                      • Article 6

                                                                                                                        1. The Health Insurance Third Party Administrator may neither sell nor market health insurance policies.
                                                                                                                           
                                                                                                                        2. The Health Insurance Third Party Administrator may not possess or share in the capital or management of any medical facility or health insurance company.
                                                                                                                           
                                                                                                                        3. The TPA shall separate its accounts from the accounts of funds generated from its activities in the health insurance claims.
                                                                                                                           
                                                                                                                        4. The Health Insurance Third Party Administrator may not enter into any agreement to provide services inside the State for an insurance company not licensed to operate in the UAE.
                                                                                                                        • Article (6) Conditions for Registration

                                                                                                                          1. For the registration of a natural person Insurance Agent in the Register, he must:
                                                                                                                             
                                                                                                                            1. Be a UAE national;
                                                                                                                               
                                                                                                                            2. Be of a minimum age of 21 years and have full legal capacity;
                                                                                                                               
                                                                                                                            3. Be holder of the secondary education certificate and a diploma in insurance from an institute recognized by the IA, as a minimum;
                                                                                                                               
                                                                                                                            4. Have practical expertise of no less than two years in practicing insurance business with an insurance company;
                                                                                                                               
                                                                                                                            5. Have attended the training courses as determined by a decision of the Director General;
                                                                                                                               
                                                                                                                            6. Practice the profession on full-time basis;
                                                                                                                               
                                                                                                                            7. Be of good conduct and behavior and has never been sentenced in a crime or offense of moral turpitude, or declared bankrupt, unless rehabilitated;
                                                                                                                               
                                                                                                                            8. Not be liable, at discretion of the Board, for a grave breach of any provision of the Law or the Companies Law in the capacity of a director general, chief executive officer, chairman or board member in a company, including responsibility for causing compulsory dissolution or liquidation of the Company;
                                                                                                                               
                                                                                                                            9. His registration to practice the business of Insurance Agent, insurance broker, reinsurance broker, actuary, insurance consultant or any profession associated insurance has never been suspended or cancelled due to a disciplinary penalty; and
                                                                                                                               
                                                                                                                            10. Successfully pass the examinations at the IA.
                                                                                                                               
                                                                                                                          2. For the registration of a corporate person as an Insurance Agent in the Register, such corporate person must satisfy the following conditions:
                                                                                                                             
                                                                                                                            1. The paid up capital may not be less than AED 500,000;
                                                                                                                               
                                                                                                                            2. The capital must be fully owned by UAE nationals. Banks licensed to operate in the State shall be exempted from this condition. In addition, the Board may exempt any other company from this condition for reason due to the public interest requirements; and
                                                                                                                               
                                                                                                                            3. The manager in charge must meet conditions that must be satisfied by a natural person Insurance Agent, excluding what is set forth in Item (a.) of Clause (1) above.
                                                                                                                          • Considering the Application for Approval to Market Insurance Policies

                                                                                                                            • Considering the Application for License and Registration

                                                                                                                              • Duration and Renewal of Registration

                                                                                                                                • Duration of license and Renewal of Registration

                                                                                                                                  • Article 6 Registration Documents

                                                                                                                                    1. Registration of a Individuals in the Register shall be using the forms prepared by the IA for this purpose enclosing the following documents:
                                                                                                                                       
                                                                                                                                      1. A true copy of the family book, ID card or passport
                                                                                                                                         
                                                                                                                                      2. Name, address and capacity of Emirati sponsor for applicants who are not UAE nationals.
                                                                                                                                         
                                                                                                                                      3. Approval of the applicant's employer if such applicant is an employee in one of the entities set forth in these Regulations.
                                                                                                                                         
                                                                                                                                      4. An official certificate from the official authorities stating that the applicant for registration has never been convicted of a crime of moral turpitude, along with a declaration by the applicant that he/ she has never been declared bankrupt.
                                                                                                                                         
                                                                                                                                      5. An authenticated copy of academic qualifications, practical experience and training courses’ certifications.
                                                                                                                                         
                                                                                                                                      6. A statement of classes of insurance, the Surveyor and Loss Adjuster is applying to be licensed to provide the expertise thereto.
                                                                                                                                         
                                                                                                                                      7. Any other documents required by the IA and necessary for registration.
                                                                                                                                         
                                                                                                                                    2. The list of documents required to be submitted by companies to be registered in the Register of Surveyors and Loss Adjusters shall include:
                                                                                                                                       
                                                                                                                                      1. True copies of the memorandum of association, articles of association and registration in the Commercial Register.
                                                                                                                                         
                                                                                                                                      2. True copy of the family book, ID card, academic qualification, training certificates and experience certificates of each partner.
                                                                                                                                         
                                                                                                                                      3. A statement of names of partners, shares of each in the capital and documents proving their eligibility, capacities, nationalities and past expertise, in addition to an undertaking by the manager in charge that he will dedicate his full time to practice the profession of Surveyor and Loss Adjuster.
                                                                                                                                         
                                                                                                                                      4. Surveying and loss adjustment operations that the company intends to practice shall be identified.
                                                                                                                                         
                                                                                                                                      5. In the case of an application for the registration of a foreign company branch, such foreign company must submit, in addition to the aforementioned documents, an official certificate from the competent authorities in the country where the foreign company is registered stating that it is incorporated and registered in that country and licensed to practice the profession of Surveyors and Loss Adjusters, provided that the actual practice period is not less than five years. Additionally, such foreign company shall submit the last two balance sheets thereof approved and attested by the competent authorities along with a true copy of the decision of its board of director to open a branch thereof in the UAE.
                                                                                                                                         
                                                                                                                                      6. Any other documents required by the IA and necessary for registration and for the issuance of the license.
                                                                                                                                    • Article (7)

                                                                                                                                      The term of license shall be one year ending on December of every year. The first license term shall be from the granting date till the end of December of the same year.

                                                                                                                                      • Article (6)

                                                                                                                                        1. The IA shall issue its decision to approve or reject the application within a period of 20 working days from the date of submitting the complete application. The Authority may make its approval subject to the satisfaction of the requirements or restrictions it decides, or suspend its approval for public interest considerations, for the period it deems appropriate.
                                                                                                                                           
                                                                                                                                        2. The Insurance Company shall have the right to appeal the decision to reject the application to the Board within thirty days from the date of notification thereof. The decision of the Board on the appeal shall be final.
                                                                                                                                           
                                                                                                                                        3. If the Board denied the appeal submitted in accordance with Section (2) of this Article, no new application for marketing through the same Bank may be submitted before the lapse of six months from the date of notification of the Board’s decision.
                                                                                                                                        • Article (6)

                                                                                                                                          1. The Director General shall issue his decision to approve or reject the application for license and registration within a period not exceeding (15) working days from the date of submitting the application that completely fulfil the specified conditions and requirements.

                                                                                                                                          2. In the case licence application is approved, he shall be registered in the Authority's Register.

                                                                                                                                          3. The Applicant for the license shall be given a document stating that he is permitted to practice the Insurance Producer Business in accordance with the form prepared for this purpose.

                                                                                                                                          4. The Company shall be fully liable for the actions of the Insurance Producer related to the insurance activity towards the third party, and shall submit a written undertaking in writing to the Authority. The Producer shall not be granted a license for the first time or renewal of his license except after providing the Authority with a copy of this undertaking.

                                                                                                                                          • Article (6)

                                                                                                                                            1. The duration of the registration is one year starting from the first of January and ending at the end of December of each year. In the case of the first license, its duration shall be from its date of issuance until the end of December of the same year.
                                                                                                                                               
                                                                                                                                            2. The license shall be renewed in accordance with the application submitted to the Authority in accordance with the designated form, 30 days prior to the expiry of the license. The Authority shall issue its decision on the application after checking the continued compliance of the Point of Sale with the provisions of these instructions within ten working days from the date of submitting the complete application Including a copy of the identity of the Point of Sale official employee and the declaration of the General Manager of the company that there has been no amendment to the data previously submitted by the Company for the purpose of licensing the Point of Sale.
                                                                                                                                            • Article (9)

                                                                                                                                              1. The duration of the license is one year ending at the end of December of each year. The duration of the first license shall be considered from the date of issuance until the end of December of the same year.

                                                                                                                                              2. An application for renewal shall be submitted thirty days before the date of expiry of the registration period through the Electronic Means made for this purpose or other means adopted by the Authority, accompanied by the following documents:

                                                                                                                                              1. A statement includes the insurance consulting business provided during the year.
                                                                                                                                              2. A statement of changes in the information and documents submitted by him that have not been reported until the date of submission of the renewal application.
                                                                                                                                              3. A professional indemnity insurance policy in accordance with the provisions of Article (10) of this Regulation.

                                                                                                                                              3. After verifying the Insurance Consultant's continued compliance with the provisions of these Regulation and paying the prescribed fees, the Authority shall issue its decision on the application within (10) days from the date of the complete submission.
                                                                                                                                              4. The Authority may suspend the Insurance Consultant's license to practice the activity if the complete license renewal application is not submitted.

                                                                                                                                  • Renewal of Registration

                                                                                                                                    • Article 7

                                                                                                                                      In addition to the other condition set forth in these Instructions, to licensing a Health Insurance Third Party Administrator, the following conditions must be satisfied:

                                                                                                                                      1. The director of the company must be:
                                                                                                                                         
                                                                                                                                        1. Holder of a university degree with a minimum of three-year experience in health insurance third party administration or in any other field relevant to administration; or  
                                                                                                                                           
                                                                                                                                        2. Holder a high school deploma with a minimum of six-year experience in administration or any other field relevant to administration.  
                                                                                                                                           
                                                                                                                                      2. The company must have a specialized key officer with a minimum of three-year practical experience in health insurance.  
                                                                                                                                         
                                                                                                                                      3. The company shall employ at least one physician (exclusively or jointly with other companies) licensed by the competent authorities, to verify the treatment cases within the cost effectiveness limits during the treatment of Beneficiaries. Such physicians shall be professionally independent and their opinion should only be subject to medical requirements in their work. They shall not be entitled to provide or interfere in the medical treatment of Beneficiaries; and may not collect any fees from the Beneficiaries of health insurance.
                                                                                                                                      • Article (7) Documents to Register a Natural Person as an Insurance Agent

                                                                                                                                        The application for registration of a natural person as an Insurance Agent shall be submitted to the IA using the form prepared for this purpose by the IA, including the required data and enclosing the following documents:

                                                                                                                                        1. A copy of the family record (Abstract of the Record) or the ID card;
                                                                                                                                           
                                                                                                                                        2. Authenticated copies of the academic qualifications, practical experience certificates, and training courses certificates;
                                                                                                                                           
                                                                                                                                        3. A true copy of the authenticated agency contract signed between the Insurance Agent and the Company;
                                                                                                                                           
                                                                                                                                        4. A certificate of good conduct (Criminal Record) proving that the applicant has never been sentenced in a crime or offense of moral turpitude;
                                                                                                                                           
                                                                                                                                        5. Acknowledgement of non-bankruptcy from the applicant;
                                                                                                                                           
                                                                                                                                        6. Payment of the prescribed fees in accordance with the issued regulations and instructions; and
                                                                                                                                           
                                                                                                                                        7. Any other documents required by the Director General.
                                                                                                                                        • Term and Renewal of the Approval

                                                                                                                                          • Duration of License and Renewal

                                                                                                                                            • Commitments of the Point of Sale Towards Customers

                                                                                                                                              • Professional Indemnity Insurance Policy

                                                                                                                                                • Article 7 Registration Procedures

                                                                                                                                                  1. When an application submitted, the IA shall do the following:
                                                                                                                                                     
                                                                                                                                                    1. Register the application in the application register and annotate on it with a number and date of filing.
                                                                                                                                                       
                                                                                                                                                    2. Provide the applicant with a receipt containing the name of registration applicant, subject, number and date of annotation, a list of the annexed documents.
                                                                                                                                                       
                                                                                                                                                  2. If the IA found that the registration application does not satisfy any required condition, data or document, a request under a registered letter or by hand delivery to the applicant to complete the shortage within two months as of the date of the notice. If applicant fails to do so within the specified period, the application shall be deemed legally cancelled. No other application may be submitted before the elapse of three months from the date on which the first application was cancelled.
                                                                                                                                                     
                                                                                                                                                  3. The registration application shall be examined and evaluated within thirty days as of its date of submission. Then, the application shall be forwarded to the Director General enclosing with the opinion of the competent department in the IA. The Director General shall decide to accept or reject the application.
                                                                                                                                                     
                                                                                                                                                  4. The Director General, at his own discretion, may accept or reject the registration application as he deems appropriate for the market requirements and the public interest.
                                                                                                                                                     
                                                                                                                                                  5. If the Director General rejects the registration application, the applicant may not submit a new application before the elapse of at least six months from the date of being notified of the rejection decision.
                                                                                                                                                  • Article (8)

                                                                                                                                                    1. Every year an Actuary shall submit a renewal application using the form designated by the Authority, thirty days prior to the end of the license term, enclosing the following:
                                                                                                                                                       
                                                                                                                                                      1. A statement of the actuarial works the Actuary has performed in the State during the past year.
                                                                                                                                                         
                                                                                                                                                      2. A proof of continued membership in any of the bodies specialized in actuarial studies and approved by the Authority.
                                                                                                                                                         
                                                                                                                                                      3. A proof of payment of the prescribed fees.
                                                                                                                                                         
                                                                                                                                                      4. The Authority may suspend the Actuary from carrying out his activities, if the renewal application was not submitted in a complete manner.
                                                                                                                                                         
                                                                                                                                                      5. Any other conditions or requirements set by the Authority.
                                                                                                                                                         
                                                                                                                                                    2. The Actuary must meet the licensing conditions at all times.
                                                                                                                                                    • Article (7)

                                                                                                                                                      1. The approval for marketing insurance policies shall be issued for the respective types and classes of insurance as required to be approved. The approval shall be for one year ending at the end of December of each year. The first approval shall be valid from the date of issuance through the end of December of the same year.
                                                                                                                                                         
                                                                                                                                                      2. The approval shall be renewed by an application to be submitted to the Authority (30) days before the end of the approval term, after ensuring the continued compliance with the provisions of these Instructions and the decisions issued thereunder. The Authority shall issue its decision within a period of 10 working days from the date of submitting the complete application.
                                                                                                                                                      • Article (7)

                                                                                                                                                        1. The duration of the license is one year ending at the end of December of each year. The duration of the first license shall be considered from the date of obtaining the license until the end of December of the same year.
                                                                                                                                                        2. The application for renewal shall be submitted thirty days prior to the expiry of the license period in accordance with the electronic systems or other means adopted by the Authority.
                                                                                                                                                        3. Provide the Authority with an approved statement issued by the Company for the work that he carried out for the benefit of the company and the sums paid to him for his services.
                                                                                                                                                        4. The Director General shall issue his decision on the application after verifying the Insurance Producer's continued compliance with the provisions of these instructions within 10 working days from the date of complete submission of the application.
                                                                                                                                                        • Article (7)

                                                                                                                                                          The Point of Sale is committed to:

                                                                                                                                                          1. Ensuring that the customer realizes and understands the type of service provided to him, the nature of the relationship amongst them and that insurance policy is meeting the client's requirements.
                                                                                                                                                          2. Notify the customer of all the details of the insurance policy, in terms of the scope of the insurance coverage, the deductible if any, and any conditions, exclusions or restrictions on the insurance policy.
                                                                                                                                                          3. Indicate the importance of disclosing the basic and material information when submitting the insurance application and the consequences of misrepresentation and non-disclosure or inaccuracy of documents submitted by him, and stating that he is full responsible for such data and information.
                                                                                                                                                          4. Indicate the importance of disclosing any subsequent changes that may affect the insurance coverage during the term of the insurance policy.
                                                                                                                                                          5. State of the mechanism of payment of the premiums, the importance of payment on time, and the consequences that may result from non-compliance with these dates.
                                                                                                                                                          6. Send insurance documents to customers without unjustified delay, accompanied by a notice of the necessity to read the policy wording carefully.
                                                                                                                                                          7. Indicate the procedures that the customer is required to do in the event of an insured risk occurred and immediately notify the customer of the company's decision to accept or reject the insurance coverage of such claims.
                                                                                                                                                          8. Inform the client in writing prior to the expiry of the insurance policy with (20) working days about the expiry date in order to confirm his written desire to renew the insurance policy or not.
                                                                                                                                                          9. Deal in accordance with the principles of utmost good faith, transparency and in accordance with the code of conduct and ethics, taking into account the confidentiality of customer data and information.
                                                                                                                                                          10. Compliance with laws and any decisions or instructions on Anti- Money Laundering and Combating Terrorist Financing , and conducting due diligence to identify the client and his activity in accordance with the legislation in force for this purpose.
                                                                                                                                                          • Article (10)

                                                                                                                                                            1. The (Natural Person) or sole proprietorship Insurance Consultant whose application was accepted must submit to the Authority a professional indemnity insurance policy with a sum insured of (1.5) million dirhams; provided that the amount of the deductible does not exceed (30,000) dirhams and the insurance policy shall be in the name of the I n s u r a n c e Consultant.
                                                                                                                                                            2. The (Corporate Person) Insurance Consultant must submit to the Authority a professional indemnity insurance policy with a sum insured of (3) million dirhams; provided that the amount of the deductible does not exceed (30,000) dirhams and the insurance policy shall be in the name of the C o r p o r a t e P e r s o n I n s u r a n c e Consultant.
                                                                                                                                                            3. Consultants employed by the (Corporate Person) Insurance Consultant registered in the Register shall be excluded from the provisions of the aforementioned section (1).

                                                                                                                                                          • Article (9)

                                                                                                                                                            1. The Actuary shall immediately inform the Authority of any change in the content of documents and data based on which the license was granted, with a maximum period of ten days. The Authority shall determine whether such change is in conformity with the provisions of these Regulations.
                                                                                                                                                               
                                                                                                                                                            2. The corporate Actuary must inform the Authority if the position of the manager in charge therein becomes vacant, and must fill the vacant position within three months from the date the position becomes vacant. The same applies to any other position becoming vacant if such positions involves persons performing actuarial functions according to the number of Companies contracted with.
                                                                                                                                                            • Article (11)

                                                                                                                                                              1. Whoever registers his name in the Register shall be bound to write down his registration number on all correspondence, certificates and reports issued by him.
                                                                                                                                                              2. The correspondence, certificates and reports issued by the (Corporate Person ) Insurance Consultant must be signed by one of the individual Consultants from the persons whose names are registered in the Register.

                                                                                                                                                • Temporary and Final Suspension

                                                                                                                                                  • Article 8

                                                                                                                                                    A license application shall be submitted using the form prepared for this purpose complete with the required data and enclosing the following documents:

                                                                                                                                                    1. Memorandum of incorporation and Articles of Association;
                                                                                                                                                       
                                                                                                                                                    2. Value of paid-up capital;
                                                                                                                                                       
                                                                                                                                                    3. Names, selected addresses for service, shares or holdings, designations and academic and practical qualifications of founders or partners.
                                                                                                                                                       
                                                                                                                                                    4. Action plan for the first three fiscal years including a description of services and facilities to be provided as well as future plans for business development.
                                                                                                                                                       
                                                                                                                                                    5. Copies of agreements to be signed by the Health Insurance Third Party Administrator with insurance companies and medical services providers.
                                                                                                                                                       
                                                                                                                                                    6. A proof of payment of the prescribed fees in accordance with the regulations and instructions issued in this regard.
                                                                                                                                                       
                                                                                                                                                    7. Any other data, information or supporting documents as required by the Director General.
                                                                                                                                                    • Article (8) Documents to Register a Corporate Person as an Insurance Agent

                                                                                                                                                      The application for registration of a corporate person as an Insurance Agent shall be submitted to the IA using the form prepared for this purpose by the IA, including the required data and enclosing the following documents:

                                                                                                                                                      1. A true copy of the Memorandum of Association, Articles of Association, and names and shares of the partners of the corporate person;
                                                                                                                                                         
                                                                                                                                                      2. A true copy of the authenticated agency contract signed between the Insurance Agent and the Company;
                                                                                                                                                         
                                                                                                                                                      3. An undertaking to submit a copy of certificate of registration in the Commercial Register issued by the competent authorities;
                                                                                                                                                         
                                                                                                                                                      4. A detailed statement including the qualifications and expertise of the officers of the corporate person in insurance areas and in technical and financial affairs;
                                                                                                                                                         
                                                                                                                                                      5. Academic qualifications and expertise of the manager in charge of the corporate person, provided that they must be dully attested;
                                                                                                                                                         
                                                                                                                                                      6. Payment of the prescribed fees in accordance with the issued regulations and instructions; and
                                                                                                                                                         
                                                                                                                                                      7. Any other documents required by the Director General.
                                                                                                                                                      • Temporary Suspension and Cancellation of the Approval

                                                                                                                                                        • Temporarily and Permanent Cessation

                                                                                                                                                          • Suspension and Cancellation of the license

                                                                                                                                                            • Modification of Alteration of Data

                                                                                                                                                              • Chapter II Licensing and Registration

                                                                                                                                                                • Article 8 Grievance Against the Decision to Reject the Registration

                                                                                                                                                                  1. The applicant may file a grievance before the Board against the decision of the Director General to reject the registration application. The grievance shall be forwarded to the Board enclosing the opinion of the Director General.
                                                                                                                                                                     
                                                                                                                                                                  2. The Board may accept or reject the grievance in the light of what it deems appropriate for the national economy requirements. The Board is not committed to justify or reason its rejection decision in any case whatsoever.
                                                                                                                                                                     
                                                                                                                                                                  3. If the Board endorses the decision taken by the Director General to reject the registration application, the applicant may not submit a new application before the elapse of at least six months from the date of being notified of the decision to reject the grievance.
                                                                                                                                                                  • Article (10)

                                                                                                                                                                    1. An Actuary, wishing to temporarily stop carrying out his activity or who has a contingent reason preventing him from carrying his activity, shall submit an application to the Authority for temporary suspension of the performance of his duties. The period of such suspension may not exceed three months, extendable to another similar period.
                                                                                                                                                                       
                                                                                                                                                                    2. An Actuary may not carry out his activities during the suspension period. In all cases he shall have the right to submit an application to resume the performance of his activity before the end of the specified period, whether the suspension was voluntary or attributed to reasons that have ended.
                                                                                                                                                                       
                                                                                                                                                                    3. An actuary, wishing to finally suspend exercising his activities, shall submit an application in this regard to the Authority, and shall continue to exercise the activity until full satisfaction of all requirements of the Authority to cancel the licenses, and the issuance of the decision by the Authority in this regard. The professional indemnity policy shall be terminated by the Authority after the lapse of three months from the date of cancellation, and after all the undertakings of the Actuary are settled, and after verifying that he has no obligations towards the Authority or any other entity, attributed to him from carrying out his activity.
                                                                                                                                                                    • Article (8)

                                                                                                                                                                      1. A Company wishing to temporarily suspend the marketing of its insurance policies through the Bank or having an inhibiting condition must submit an application through Electronic Means adopted for this purpose or other means adopted by the Authority for temporary suspension of such marketing. The suspension period may not be longer than (3) months from the date of the approval thereon. It shall be extendable to other similar period.
                                                                                                                                                                         
                                                                                                                                                                      2. No products may be marketed during the suspension period; and in all cases an application may be submitted through Electronic Means adopted for this purpose or other means adopted by the Authority to resume the marketing before the end of the specified period for temporary suspension, whether the suspension was voluntary or the reasons for such suspension has seized to exist.
                                                                                                                                                                         
                                                                                                                                                                      3. A Company wishing to completely suspend the marketing through the Bank under an agreement with them, shall submit an application to the Authority in this regard through Electronic Means adopted for this purpose or other means adopted by the Authority.
                                                                                                                                                                         
                                                                                                                                                                      4. In case the agreement between the Bank and the Company is terminated, the Company shall notify the Authority of such termination through Electronic Means adopted for this purpose or other means adopted by the Authority, within a period of no more than ten working days; and the Authority shall decide to deem the approval void.
                                                                                                                                                                      • Article (8)

                                                                                                                                                                        1. The Insurance Producer, wishing to temporarily cease practicing the activity or has a contingent reason temporarily preventing him from carrying out his activity, shall submit a request to the Authority to temporarily cease the activity, in accordance with the electronic systems or other means adopted by the Authority. The cessation period shall not exceed three months, extendable for another similar period.
                                                                                                                                                                        2. The Insurance Producer may not practice the activity during the cessation period. In all cases he shall have the right to submit an application to resume the performance of his activity before the end of the specified period, whether the cessation was voluntary or attributed to reasons that have ended.
                                                                                                                                                                        3. The Insurance Producer, wishing to permanently cease practicing the activity shall submit a request to the Authority to permanently cease the activity, in accordance with the electronic system prepared for this purpose or other means adopted by the Authority. The Authority shall issue its decision after taking the opinion of the company for which the Producer is working.
                                                                                                                                                                        • Article (8)

                                                                                                                                                                          1. The insurance Company that wishes to temporarily stop the operations of the Point of Sale or has a reason to prevent it from practicing its operations therewith must submit an application to the Insurance Authority requesting to suspend the operations of the Point of Sale , in the meanwhile continuing its operations until the decision of the Authority is issued. The Authority may reject the request for suspension or approve it after fulfilling all the requirements it deems appropriate to achieve the interests of the parties, companies, customers and beneficiaries, provided that the suspension period shall not exceed 3 months from the date of its approval and may be extended for another similar period. The Point of Sale should continue adhering to the conditions and the requirements that the Authority deems necessary for the continuation of its license.
                                                                                                                                                                             
                                                                                                                                                                          2. The Point of Sale shall not resume its operations during a period of suspension. In all cases, the Point of Sale is entitled to request re-engage in the activity before the expiration of the period specified for the temporary suspension whether it was optional or after the deterring reason has ended.
                                                                                                                                                                             
                                                                                                                                                                          3. The Company that wishes to permanently stop practicing its operations through the Point of Sale , must submit a request to the Authority to do so, while continuing to perform its operations until it fulfills all the requirements determined by the Authority for the cancellation of the license and issuing the decision of the Authority thereon and publishing such decision in two widely circulated local daily newspapers, one in Arabic and the other in English at the expense of the insurance Company. This should be after the settlement of all transactions of the Point of Sale, ensuring that there are no obligations towards the Authority, or towards the entities, companies, clients or beneficiaries arising from the practice of its activities.
                                                                                                                                                                          • Article (12)

                                                                                                                                                                            1. The Insurance Consultants registered in the register shall notify the Authority of any modification or change in the registration application or documents attached thereto through the Electronic Means made for this purpose or other means adopted by the Authority within thirty days from the occurrence of the amendment or change, along with the supporting documents indicating the validity of the data contained therein.
                                                                                                                                                                            2. In the case of acceptance of the application, the Authority shall enter the new data in the Register.
                                                                                                                                                                            3. The Authority may reject the request for modification or alteration, provided that the applicant is notified of the rejection decision and its reasons by a registered letter within thirty days from the date of submitting the notification for modification or alteration.
                                                                                                                                                                            4. In the case of the vacancy of the position of the responsible manager or any of the Consultants registered in the Register who are working for a (Corporate Person) Insurance Consultant, the Insurance Consultant must inform the Authority immediately and a replacement, who must meet the required conditions shall be appointed in the vacant position within sixty working days of the vacancy of the position.

                                                                                                                                                                            • Licensing and Registration Conditions

                                                                                                                                                                              • Article 4

                                                                                                                                                                                I. The licensing requirements for Insurance Brokerage are as follows:
                                                                                                                                                                                 

                                                                                                                                                                                1. The applicant must be a juridical person having one of the following forms:
                                                                                                                                                                                   
                                                                                                                                                                                  1. A company incorporated in the UAE in accordance with the Commercial Companies Law, having the objective of practicing the Insurance Brokerage activity.
                                                                                                                                                                                     
                                                                                                                                                                                  2. A branch of a company incorporated in a financial free zone in the UAE, or a branch of a foreign company, provided that such company is licensed to practice this activity in the said financial free zone or in the country of origin in the same insurance type and class; and should be subject to the control of a counterpart supervisory authority, with a minimum five years of practice in Insurance Brokerage, and subject to any controls or conditions set by the IA.
                                                                                                                                                                                     
                                                                                                                                                                                2. The paid capital may not be less than (AED 3,000,000) three million Dirhams for a company incorporated in the UAE and (AED 10,000,000) ten million Dirhams for the branch of a company incorporated in a financial free zone or the branch of a foreign company.
                                                                                                                                                                                   
                                                                                                                                                                                3. A Letter of Guarantee produced by a bank in favor of the IA must be submitted in accordance with the terms and conditions referred to herein.
                                                                                                                                                                                   
                                                                                                                                                                                4. A professional indemnity insurance policy in favor of the IA must be submitted in accordance with the terms and conditions referred to herein.
                                                                                                                                                                                   
                                                                                                                                                                                5. The technical and administrative staff required for practicing the activity must be appointed in accordance with the provisions of these Regulations.
                                                                                                                                                                                   
                                                                                                                                                                                6. A suitable headquarters, software and technical systems required to practice the activity must be provided.
                                                                                                                                                                                   
                                                                                                                                                                                7. An internal control system to ensure the sound application of law, regulations, instructions, resolutions and circulars issued thereunder must be provided.
                                                                                                                                                                                   
                                                                                                                                                                                8. A true copy of the agreement concluded between the license applicant and a bank operating in the UAE concerning the account designated for the practice of Insurance Brokerage must be submitted.
                                                                                                                                                                                   
                                                                                                                                                                                9. Full payment of the prescribed fees must be made.
                                                                                                                                                                                   
                                                                                                                                                                                10. To comply with any additional conditions or requirements determined by the IA.

                                                                                                                                                                                II. An Insurance Broker must continuously satisfy all the license conditions.

                                                                                                                                                                            • Technical and Administrative Staff

                                                                                                                                                                              • Article 5

                                                                                                                                                                                1. Individuals to be appointed in the technical and administrative staff must satisfy the following conditions:
                                                                                                                                                                                   
                                                                                                                                                                                  1. Be a natural person enjoying full capacity.
                                                                                                                                                                                     
                                                                                                                                                                                  2. Be of good conduct and behavior, and has never been sentenced for a freedom restricting punishment in a moral turpitude crime without being rehabilitated.
                                                                                                                                                                                     
                                                                                                                                                                                  3. Has not stopped the payment of his commercial debts even if not associated with bankruptcy declaration, or has been judged bankrupt without being rehabilitated.
                                                                                                                                                                                     
                                                                                                                                                                                2. An Insurance Broker shall notify the IA of the appointment of any accredited personnel, and of any modification or alteration that may arise regarding their transfer or termination, stating the reasons thereof. An Insurance Broker shall also notify the IA once any of the accredited posts becomes vacant and an alternative is appointed until such vacant post is permanently filled within a maximum period of 60 business days from the date of vacancy.
                                                                                                                                                                              • Article 6

                                                                                                                                                                                1. An Insurance Broker must continuously have the technical staff required to practice the
                                                                                                                                                                                  licensed activity and must at least appoint employees to assuming the following jobs:
                                                                                                                                                                                   
                                                                                                                                                                                  1. General Manager or Chief Executive Officer.
                                                                                                                                                                                     
                                                                                                                                                                                  2. Operations Manager.
                                                                                                                                                                                     
                                                                                                                                                                                  3. Internal Auditor, (natural or corporate person).
                                                                                                                                                                                     
                                                                                                                                                                                  4. At least one specialized employee for each licensed insurance type or class.
                                                                                                                                                                                     
                                                                                                                                                                                2. The shall hold a decision to determine the qualifications, experience, duties and restrictions for each one of the jobs listed in clause (1) of this article.
                                                                                                                                                                                   
                                                                                                                                                                                3. No one may combine two jobs of the jobs approved by the IA at the same time.
                                                                                                                                                                            • Application for License

                                                                                                                                                                              • Article 7

                                                                                                                                                                                The application of a license to practice the activities of the Insurance Brokerage shall be submitted to the IA according to the designated form enclosing information, data and documents supporting the application for license, particularly:
                                                                                                                                                                                 

                                                                                                                                                                                1. The legal form of the applicant, along with a report stating the names of the partners, members of the board of directors or management board and the executive management.
                                                                                                                                                                                   
                                                                                                                                                                                2. An acknowledgment that the partners and the Director General or Chief Executive Officer have never been declared bankrupt, as well as providing certificates of good conduct confirming that none of them has been sentenced for a freedom restricting punishment.
                                                                                                                                                                                   
                                                                                                                                                                                3. A statement showing any legal or judicial obligations or liabilities related to the applicant.
                                                                                                                                                                                   
                                                                                                                                                                                4. A statement showing the technical systems used and the work procedures proposed for practicing the activity of Insurance Brokerage.
                                                                                                                                                                                   
                                                                                                                                                                                5. Types and classes of the insurance business applied for.
                                                                                                                                                                                   
                                                                                                                                                                                6. Training and Emiratization plan for AUE nationals.
                                                                                                                                                                                   
                                                                                                                                                                                7. In addition to the above, a branch of a foreign company, or a branch of a company incorporated in a financial free zone shall submit the following:
                                                                                                                                                                                   
                                                                                                                                                                                  1. An official certificate issued by the competent authority showing the company’s
                                                                                                                                                                                    incorporation, registration and licensing to practice the activity of Insurance
                                                                                                                                                                                    Brokerage in the types and classes of insurance to be practiced in the UAE.
                                                                                                                                                                                     
                                                                                                                                                                                  2. A copy of the financial statements for the last two years audited, approved and
                                                                                                                                                                                    prepared in the UAE Dirhams.
                                                                                                                                                                                     
                                                                                                                                                                                  3. A true copy of the board of directors' or management board’s decision approving
                                                                                                                                                                                    the opening of a branch in the UAE.
                                                                                                                                                                                     
                                                                                                                                                                                8. An undertaking to satisfy all license conditions required in case of approving the application for license within the period determined by the IA; otherwise the approval shall be null and void; as well as undertaking not to start practicing the activity before the IA ensures that the applicant has satisfied all license conditions and IA’s approval in this regard is issued.
                                                                                                                                                                                   
                                                                                                                                                                                9. Any other documents and data required by the IA.
                                                                                                                                                                            • Considering the Application for License

                                                                                                                                                                              • Article 8

                                                                                                                                                                                1. The IA shall issue its decision of approving or rejecting the application for license within a maximum period of 20 working days as from the date of submitting the complete application. The IA may subject its approval to grant the license to the conditions and restrictions at the discretion of the IA, or may suspend the granting of licenses due to the requirements of the public interest for the period it deems suitable.
                                                                                                                                                                                   
                                                                                                                                                                                2. Once the application for license is approved, the Insurance Broker shall be registered in the IA's Insurance Brokers Register.
                                                                                                                                                                                   
                                                                                                                                                                                3. An Insurance Broker may add a type or class of insurance to the granted license under an application to be submitted to the IA on the form designated for this purpose after meeting all the related conditions and requirements.
                                                                                                                                                                            • Term and Renewal of the License

                                                                                                                                                                              • Article 9

                                                                                                                                                                                1. The term of license shall be one year expiring at the end of December every year. The validity period of the first license shall be from the date of issuance through the end of December of the same year.
                                                                                                                                                                                   
                                                                                                                                                                                2. The license shall be renewable under an application to be submitted to the IA at least one month prior to the expiry date after ensuring that the Insurance Broker has continuously abided to the provisions of these Regulations and has paid the prescribed annual renewal fees. The IA shall issue its decision on the complete application within 10 working days as from the date of submitting the same.
                                                                                                                                                                                   
                                                                                                                                                                                3. The IA may suspend the Insurance Broker from practicing the activity in case of failure to submit a complete application for license renewal.
                                                                                                                                                                            • Temporary Suspension and Cancellation of the License

                                                                                                                                                                              • Article 10

                                                                                                                                                                                1. An Insurance Broker wishing to temporarily suspend the activity practice, or an Insurance Broker having a contingent reason preventing it from practicing the activity, must submit an application to the IA to temporarily suspend the activity practice and to continue practicing the activity until the IA's decision is issued. The IA may reject or approve the application for suspension after meeting all the requirements deemed appropriate by the IA in a manner achieving the interests of companies, clients and beneficiaries, provided that the suspension period may not exceed (3) months as from the date of approval thereon. Such period may be extended for another similar period subject to the Insurance Broker continuing to comply with the conditions and requirements deemed necessary by the IA to reinstate the license. The Insurance Broker shall maintain the letter of guarantee and professional indemnity insurance policy during such period.
                                                                                                                                                                                   
                                                                                                                                                                                2. The Insurance Broker may not practice their activity during the suspension period. In all cases, the Insurance Broker may request to resume the practice before the end of the suspension period whether the suspension was optional or when the preventing cause ceases to exist.
                                                                                                                                                                                   
                                                                                                                                                                                3. An Insurance Broker wishing to suspend the practice permanently shall submit an application to the IA, and shall continue to practice the activity until it has satisfied all requirements for the cancellation of the license as determined by the IA and the issuance of the IA's decision in this regard.
                                                                                                                                                                                   

                                                                                                                                                                                The cancellation decision shall be issued by the IA and immediately published in two widely circulated daily newspapers in the UAE one in Arabic language and the other in English language at the Insurance Broker's expense. The letter of guarantee shall be recovered and the professional indemnity insurance policy shall be terminated after the elapse of 3 months as from the date of publication in case the IA approved the same after the settlement of all the Insurance Broker's transactions and ensuring that there are no liabilities thereon towards the IA or towards other companies, clients or beneficiaries arising from its practice of the Insurance Brokerage activity.

                                                                                                                                                                • Professional Liability Insurance Policy

                                                                                                                                                                  • Article 9

                                                                                                                                                                    Pursuant to the provisions of Clause (5) of Article (8) herein:

                                                                                                                                                                    1. The agreement to be executed between the Health Insurance Third Party Administrator and the Insurance Company must set forth the rights and obligations of the parties thereto including:
                                                                                                                                                                       
                                                                                                                                                                      1. A description of the nature of services mutually agreed upon to be provided by the Health Insurance Third Party Administrator.

                                                                                                                                                                      2. A statement of the rights and obligations of each party in the contracts concluded on behalf of the Insurance Company with the Medical Service Providers.

                                                                                                                                                                      3. The term of the agreement and cases requiring the termination thereof.

                                                                                                                                                                      4. Method of calculating the fees of the Health Insurance Third Party Administrator.

                                                                                                                                                                      5. The right of the Insurance Company to have access to the books and records related to the business between the two parties and how to obtain copies thereof.

                                                                                                                                                                      6. Period of settlement and payment of claims.

                                                                                                                                                                      7. An authorization from the Insurance Company to the Health Insurance Third Party Administrator to enter into agreements with the Medical Service Providers on behalf of the Insurance Company.

                                                                                                                                                                      8. The controls and procedures governing the management of contractual funds.

                                                                                                                                                                      9. Determining the information related to statistical reports to be periodically prepared by the Health Insurance Third Party Administrator for the Insurance Company.

                                                                                                                                                                      10. Determining files, books and records that should be kept by the Health Insurance Third Party Administrator on regularly basis.
                                                                                                                                                                         
                                                                                                                                                                    2. The agreement concluded between the Health Insurance Third Party Administrator and the Medical Service Providers must set forth the rights and obligations of each party, the work mechanism between them, and charges and rates to be used in the payment of claims, as well as periods of claim settlement and payment. The agreement must enclose a document from the Insurance Company stating that the Health Insurance Third Party Administrator has concluded the agreement with the Medical Service Providers on behalf of the Insurance Company.
                                                                                                                                                                       
                                                                                                                                                                    3. An agreement containing the provisions set out in Clauses (1) and (2) of this Article shall be concluded by and between the Health Insurance Third Party Administrator, the Insurance Company and the Medical Service Providers.
                                                                                                                                                                    • Article (9) Procedures of Registration

                                                                                                                                                                      1. When an application for registration is submitted, the IA shall:
                                                                                                                                                                         
                                                                                                                                                                        1. Register the application in a special record and annotate it with a number and date of filing.
                                                                                                                                                                           
                                                                                                                                                                        2. Provide the applicant with a receipt including the name of the registration applicant, subject, number and date of recording, and a statement of documents annexed thereto.
                                                                                                                                                                           
                                                                                                                                                                      2. If the IA found that the application for registration does not meet any of the required conditions, data or documents, the IA may request applicant by a registered letter or a letter by hand delivery to meet or complete such shortcoming within two months as of the date of the notice. If the applicant fails to do so within this period, the application shall be cancelled by law and the applicant may not submit another application before the elapse of three months as of the date of cancellation of the first application.10
                                                                                                                                                                         
                                                                                                                                                                      3. The application for registration shall be examined and assessed within fifteen days as of the date of submission. Then, the application for registration shall be forwarded to the Director General enclosing the opinion of the competent department in the IA. The Director General shall decide to accept or reject the application.
                                                                                                                                                                         
                                                                                                                                                                      4. The Director General may accept or reject the application for registration. In case of rejection, the reasons for rejections shall be stated and the IA shall notify the applicant of the Director General’s decision in this regard.
                                                                                                                                                                      • Company Branch in the Emirate

                                                                                                                                                                        • Duties of the Insurance Producer

                                                                                                                                                                          • Control and Inspection

                                                                                                                                                                            • Adding Types of Insurance to the Registration

                                                                                                                                                                              • Article 9 Registration in the Register

                                                                                                                                                                                1. If the registration application is accepted, the following procedures shall be taken to complete the registration in the Register:
                                                                                                                                                                                   
                                                                                                                                                                                  1. The applicant shall be notified of accepting the application.
                                                                                                                                                                                     
                                                                                                                                                                                  2. The applicant shall submit an insurance policy against liability arising from practicing the profession for a sum insured of AED 1,000,000.
                                                                                                                                                                                     
                                                                                                                                                                                  3. After the registration of an Surveyor and Loss Adjuster in the Register, the IA shall issue a registration certificate.
                                                                                                                                                                                     
                                                                                                                                                                                  4. The term of registration of an Surveyor and Loss Adjuster shall be one year renewable on annual basis.
                                                                                                                                                                                     
                                                                                                                                                                                2. The Surveyor and Loss Adjuster shall practice his business within three months as of the date registration of and notification thereof.
                                                                                                                                                                                • Article (11)

                                                                                                                                                                                  The Actuary must provide the Authority with a Professional Liability Insurance Policy in accordance with the following conditions:

                                                                                                                                                                                  1. The policy shall be issued by a company licensed by and registered with the Authority, and its terms shall be subject to the approval of the Authority.
                                                                                                                                                                                     
                                                                                                                                                                                  2. The policy shall be issued in the name of the Actuary.
                                                                                                                                                                                     
                                                                                                                                                                                  3. The policy shall contain the legal and insurance conditions related to indemnity against professional liability of the Actuary arising from the exercise of the professional activity; and the policy shall not be revocable during its term.
                                                                                                                                                                                     
                                                                                                                                                                                  4. The policy shall be valid throughout the license term and renewable by both parties' agreement (the company and Actuary); and in case of an intention not to renew the policy with the same company, the Actuary shall provide an insurance policy issued by another company at the same required conditions within seven days prior to the expiry of the current policy.
                                                                                                                                                                                     
                                                                                                                                                                                  5. The sum insured of the policy shall not be less than (AED 1,000,000) One Million UAE Dirhams, provided that the deductible amount is no more than (AED 30,000) Thirty Thousands UAE Dirhams for each accident.
                                                                                                                                                                                     
                                                                                                                                                                                  6. No amendment or alteration may be made to the policy conditions unless under the written approval of the Authority.
                                                                                                                                                                                  • Article (9)

                                                                                                                                                                                    The Insurance Company shall have a point of sales in the Emirate where the Bank is marketing its insurance policies or shall have electronic services that enable customers to communicate with the company to receive their feedback, inquiries and complaints, within the following conditions:

                                                                                                                                                                                    1. Providing the service of communication with the company through telephone, website or through an electronic application that can be downloaded on smartphones.
                                                                                                                                                                                    2. Easiness to use website or application.
                                                                                                                                                                                    3. Responding to customer complaints and inquiries within one day.
                                                                                                                                                                                    4. The electronic services shall be in Arabic and at least one other language.
                                                                                                                                                                                    5. The company shall maintain a special record inside it showing the details of complaints, inquiries and the results.
                                                                                                                                                                                    • Article (9)

                                                                                                                                                                                      1. The Insurance Producer shall carry out the marketing task between the Company and the Client in order to obtain the insurance coverage required by the client.

                                                                                                                                                                                      2. The Insurance Producer shall not be entitled to fill or sign the insurance application on behalf of the client nor be entitled to receive the insurance premiums due to the company and shall not receive the indemnities due to the client for the purpose of paying it to him.

                                                                                                                                                                                      3. The Insurance Producer shall not be entitled to issue an insurance policy on behalf of the Company or issue an insurance certificate. He shall not be permitted to intervene in the claims submitted by the Client to the Company.

                                                                                                                                                                                      4. The Insurance Producer shall be entitled to receive commission for his production by the company as agreed by the parties once the insurance policy is issued. They shall have an agreement with the Company on payment method and term.

                                                                                                                                                                                      5. The Insurance Producer shall not be entitled to receive a commission, remuneration or any other payment from the Client.

                                                                                                                                                                                      6. The Insurance Producer shall practice the production work by himself and may not delegate another person to perform the operations of the Insurance Producer.

                                                                                                                                                                                      7. The Insurance Producer shall not be permitted to transfer from an insurance company to another unless he provides the Authority with the following:

                                                                                                                                                                                      • A clearance from the previous insurance company.
                                                                                                                                                                                      • A letter from the new insurance company containing the Company's approval to authorise him as an Insurance Producer for them.
                                                                                                                                                                                      • A letter from the Insurance Company for which he worked for stating the termination of the contract between them.
                                                                                                                                                                                      • An undertaking by the new Insurance Company in accordance with the provisions of paragraph (4) of Article (6) of the Instructions herein.
                                                                                                                                                                                      • The Insurance Producer shall be prohibited to leak insurance covers that he has previously marketed for an insurance company to the new insurance company in a direct or indirect way.
                                                                                                                                                                                      • Article (9)

                                                                                                                                                                                        1. The Authority shall monitor and inspect, periodically or unexpectedly, without prior notice to the Point of Sale, in order to ascertain the extent of its compliance with the law, regulations, decisions, rules or circulars issued by the Authority and to investigate any irregularities resulting from the inspection or the complaints received by the Authority.
                                                                                                                                                                                           
                                                                                                                                                                                        2. The Authority may request all information and documents it deems necessary for the purposes of monitoring and investigating the Point of Sale or any of its employees, companies, customers or beneficiaries.
                                                                                                                                                                                           
                                                                                                                                                                                        3. The Point of Sale shall place all records, documents and registrations at the disposal of the Authority and its employees and must cooperate with them and respond to their requests in order to fully carry out their work.
                                                                                                                                                                                           
                                                                                                                                                                                        4. The Point of Sale shall provide any data or information required by the Authority and within the period specified by it.
                                                                                                                                                                                        • Article ( 13 )

                                                                                                                                                                                          1. The Insurance Consultant may request the addition of one or more branches of insurance or reinsurance to the branch listed in his registration through the Electronic Means made for this purpose or other means adopted by the Authority provided that the information and documents supporting his application are submitted and he must pass the assessment carried out by the Authority in the type or types of insurance requested to be added.
                                                                                                                                                                                          2. If the above procedures are completed, the registration will be modified after paying the prescribed fees.

                                                                                                                                                                              • Specialized Institutes and Entities

                                                                                                                                                                                • Article 10

                                                                                                                                                                                  If the data or documents submitted are incomplete, the applicant shall be notified to complete the same within a period of no more than thirty days as of the date of serving the notice thereto. Otherwise, the application shall be deemed rescind, and the applicant may only submit another application after the elapse of three months from the date of rescinding the application.

                                                                                                                                                                                  • Article (10) Grievance against Registration Rejection

                                                                                                                                                                                    1. The concerned persons may appeal to the Board within 30 days as of the date of being notified of rejecting the application for registration. The appeal shall be forwarded to the Board enclosing the opinion of the Director General.
                                                                                                                                                                                       
                                                                                                                                                                                    2. The Board may accept or reject the appeal in the light of what the Board deems more appropriate to the national economy. The Board shall not be required to justify or cause its decision in any case. The decision of the Board in this regard shall be final.
                                                                                                                                                                                       
                                                                                                                                                                                    3. If the Board endorses the decision of the Director General to reject the application for registration, the applicant may not submit a new application before the elapse of at least six months from the date of notifying such applicant of the decision of rejection.
                                                                                                                                                                                    • Entering into the Agreement and the Conditions Thereof

                                                                                                                                                                                      • The Relation Between the Insurance Producer and the Company

                                                                                                                                                                                        • Penalties

                                                                                                                                                                                          • Temporary and Final Suspension

                                                                                                                                                                                            • Article 10 Requirements for the Renewal of Registration

                                                                                                                                                                                              1. The requirements for the renewal of registration in the Register of Surveyors and Loss Adjusters shall be as follows:
                                                                                                                                                                                                 
                                                                                                                                                                                                1. An application shall be submitted to the IA using the form prepared by the IA for this purpose at least one month prior to the expiry of the current registration. The renewal application shall be submitted in duplicate signed by the Surveyor and Loss Adjuster or the legal representative thereof.
                                                                                                                                                                                                   
                                                                                                                                                                                                2. A statement including the surveying and loss adjustment work practiced by the Surveyor and Loss Adjuster within the year shall be submitted using the form prepared for this purpose.
                                                                                                                                                                                                   
                                                                                                                                                                                              2. In addition to requirements set forth in the first clause, if the Surveyor and Loss Adjuster is a corporate person, such Surveyor and Loss Adjuster must submit a statement the name of the manager(s) in charge of its management, as the case may be, and all key employees performing the work of surveying and loss adjustment.
                                                                                                                                                                                              • Article (12)

                                                                                                                                                                                                The institutes, societies and entities specialized in actuarial studies shall be determined by the Authority through a Decision to be issued for this purpose.

                                                                                                                                                                                                • Article (10)

                                                                                                                                                                                                  The agreement signed between the Company and the Bank concerning the marketing of insurance policies shall contain the following as minimum:

                                                                                                                                                                                                  1. Be executed in Arabic language and signed by both parties.
                                                                                                                                                                                                     
                                                                                                                                                                                                  2. The rights and obligations of each party, which shall not contradict with the provisions of these Instructions.
                                                                                                                                                                                                     
                                                                                                                                                                                                  3. The term of the agreement and the method and reasons for its termination.
                                                                                                                                                                                                     
                                                                                                                                                                                                  4. A provision that the Insurance Company is responsible for the issuance of insurance policies and any amendment thereof, and for the payment of due compensations.
                                                                                                                                                                                                     
                                                                                                                                                                                                  5. Types and classes of insurance for which the Bank shall be authorized to market the policies, in accordance of Article (3) of these Instructions.
                                                                                                                                                                                                     
                                                                                                                                                                                                  6. Naming the Bank branches that will market insurance products and the territory.
                                                                                                                                                                                                     
                                                                                                                                                                                                  7. The agreed commission of the Bank, how it is calculated, the due dates thereof, and the procedures for its collection.
                                                                                                                                                                                                     
                                                                                                                                                                                                  8. The general rules that the Bank shall observe and adhere to with regard to marketing, promotion and advertising of the insurance products,.
                                                                                                                                                                                                     
                                                                                                                                                                                                  9. A statement showing whether the Bank is authorized or not authorized to receive insurance premiums, and the obligation of the Bank to transfer all premiums to the account of the Company by the agreed method, and to provide the Company with a regular detailed statement of such premiums.
                                                                                                                                                                                                     
                                                                                                                                                                                                  10. Rules to be followed by the Company and the Bank to ensure the protection of customers' rights in case of termination or revoking of the agreement.
                                                                                                                                                                                                     
                                                                                                                                                                                                  11. Allowing the Company to review all the Bank's organized books and records relating to marketing insurance contracts and to obtain copies thereof. The following records shall be maintained:
                                                                                                                                                                                                    1. Correspondence log;
                                                                                                                                                                                                    2. Internal records; and
                                                                                                                                                                                                    3. Customer complaints’ register.
                                                                                                                                                                                                       
                                                                                                                                                                                                  12. Stating the mechanism for qualifying and training of the employees approved to market the insurance products at the Bank, and ensuring the continuity of such training.
                                                                                                                                                                                                     
                                                                                                                                                                                                  13. Maintaining the confidentiality of conditions, prices, information and data which the Bank obtains form the Company, and refraining from disclosing such information to other companies.
                                                                                                                                                                                                     
                                                                                                                                                                                                  14. Not to seek, directly or indirectly, to terminate any insurance policy issued by the Company through another Bank with the view to re-issue the policy through it.
                                                                                                                                                                                                  • Article (10)

                                                                                                                                                                                                    1. The relation between the Company and the Insurance Producer shall be governed by a signed contract between the parties and shall be subject to the approval of the Authority, and the amount of commission that the Insurance Producer will receive in return for his work for the Company shall be determined.
                                                                                                                                                                                                    2. The relation between the Insurance Producer and the Company is a marketing relationship, solely to promote for the Company's products. It may not be considered as a relationship of agency, brokerage or any other insurance related profession.
                                                                                                                                                                                                    3. The Insurance Company shall be liable for the Insurance Producer practice of his activity in accordance with the provisions of the instructions herein.
                                                                                                                                                                                                    • Article (10)

                                                                                                                                                                                                      The Director General may impose any of the penalties mentioned in this Article if the Point of Sale committed any of the following violations:

                                                                                                                                                                                                      1. Violations:
                                                                                                                                                                                                        • Violation of the law, Regulations, Rules, Instructions, Decisions or Circulars issued by the Authority.
                                                                                                                                                                                                        • Loosing of one of the conditions of the license and registration stipulated in these instructions.
                                                                                                                                                                                                        • Significant breach of any of the prescribed duties and obligations.
                                                                                                                                                                                                        • Failure to renew the registration.
                                                                                                                                                                                                        • If it was discovered that the registration was based on incorrect information or data.
                                                                                                                                                                                                        • If the Point of Sale does not practice the licensed activity within six months from the date of granting the license.
                                                                                                                                                                                                           
                                                                                                                                                                                                      2. Procedures and penalties: If any of the violations mentioned in sub-article (1) of this Article are proved to be committed, then Director General may impose the following penalties:
                                                                                                                                                                                                         
                                                                                                                                                                                                        • To give a warning to the company and to compel it to eliminate the causes of the violation committed by the Point of Sale within a specified period.
                                                                                                                                                                                                           
                                                                                                                                                                                                        • To suspend the Point of Sale from practicing its operations for a period not exceeding one year, and compel the company to correct the status of the Point of Sale within a specified period.
                                                                                                                                                                                                           
                                                                                                                                                                                                        • In the event that the irregularities have not been rectified within the specified period, the Director General shall have the right to take the decision to cancel the license and the registration of the Point of Sale.
                                                                                                                                                                                                           
                                                                                                                                                                                                      3. The cancellation of the license shall entail the following:

                                                                                                                                                                                                        The publication of the decision to cancel the license of the Point of Sale and remove it from the Register as soon as it is published in two widely spread local daily newspapers in the state, one in Arabic and other is in English at the expense of the Company and notifying the entity which is having the Point of Sale within its offices.

                                                                                                                                                                                                      • Article (14)

                                                                                                                                                                                                        1. An Insurance Consultant, wishing to temporarily stop carrying out his activity or who has a contingent reason preventing him from practicing his activity, shall submit an application to the Authority through the Electronic Means made for this purpose or other means adopted by the Authority for temporary suspension of the performance of his duties. The period of such suspension may not exceed three months, extendable to another similar period.

                                                                                                                                                                                                        2. An Insurance Consultant may not carry out his activities during the suspension period. In all cases he shall have the right to submit an application to resume the performance of his activity before the end of the specified period, whether the suspension was voluntary or attributed to reasons that have ended.
                                                                                                                                                                                                        3. An Insurance Consultant, wishing to finally suspend exercising his activities, shall submit an application in this regard to the Authority through the Electronic Means made for this purpose or other means adopted by the Authority, and shall continue to exercise the activity until full satisfaction of all requirements of the Authority to cancel the licenses, and the issuance of the decision by the Authority in this regard. The professional indemnity policy shall be terminated by the Authority after the lapse of three months from the date of cancellation, and after all the undertakings of the Consultant are settled, and after verifying that he has no obligations towards the Authority or any other entity, attributed to him from carrying out his activity.

                                                                                                                                                                                            • Capacity of the Actuary and the Commitments of the Company

                                                                                                                                                                                              • Article 11

                                                                                                                                                                                                The decision on the license application shall be held as follows:

                                                                                                                                                                                                1. If the application is complete with all data and supporting documents, the Director General shall issue an initial approval to proceed with the procedures of incorporation and registration of the licensee applicant with the competent authorities in the State. In case of disapproval, the decision of the Director General shall be issued with the reasons thereof.
                                                                                                                                                                                                   
                                                                                                                                                                                                2. Subject to the provisions of Clause (1) of this Article, the applicant who has obtained the initial approval shall submit the following documents and data:
                                                                                                                                                                                                   
                                                                                                                                                                                                  1. A certified document from a bank operating in the State to prove the full payment of the minimum capital as set in Clause (3) of Article (5) of these Instructions.

                                                                                                                                                                                                  2. A proof of completing all procedures of the applicant’s incorporation and registration with the competent authorities in the State, as applicable.

                                                                                                                                                                                                  3. A list of candidates for the position of director of the Health Insurance Third Party Administrator or the officers in charge, as applicable, and the key employees thereof along with a detailed statement of their respective qualification, experience, an a proof of their fulfillment of the conditions, in addition to the names of authorized signatories.

                                                                                                                                                                                                  4. Any other data, information or documents required by the Director General.
                                                                                                                                                                                                     
                                                                                                                                                                                                3. If the application is complete with all data and supporting documents set forth in Clause (2) of this Article, the Director General shall issue his decision to grant the license, and the Health Insurance Third Party Administrator shall be registered in the Special Register created for this purpose in the IA.
                                                                                                                                                                                                • Article (11) Recording in the Register

                                                                                                                                                                                                  1. The following procedures shall be taken to complete the registration process in the Insurance Agents Register:
                                                                                                                                                                                                     
                                                                                                                                                                                                    1. The applicant shall be notified of accepting the application thereof and required to submit a valid professional indemnity insurance policy from an insurance company licensed to operate in the State in his capacity as an Insurance Agent during the term of registration in the Register. Such insurance policy must be submitted within ten days as of the date of notification. The sum insured in the professional liability indemnity policy shall be AED 2,000,000, provided that the deductible may not be more than AED 100,000;
                                                                                                                                                                                                       
                                                                                                                                                                                                    2. Upon registration of the Insurance Agent in the Register, the IA shall issue a certificate of registration of an Insurance Agent; and
                                                                                                                                                                                                       
                                                                                                                                                                                                    3. The term of registration of an Insurance Agent shall be one year, renewable on annual basis.
                                                                                                                                                                                                       
                                                                                                                                                                                                  2. The Insurance Agent shall practice the business within six months as of the date of registration thereof.
                                                                                                                                                                                                  • Anti-Money Laundering and Combating Terrorism Financing

                                                                                                                                                                                                    • Violations and Penalties

                                                                                                                                                                                                      • Appeal

                                                                                                                                                                                                        • Rules of Practice

                                                                                                                                                                                                          • Article 11 Change of Data and Information

                                                                                                                                                                                                            1. The Surveyor and Loss Adjuster shall inform the IA of any change in any data or documents based on which the Surveyor and Loss Adjuster was registered within 15 days as of the date of such change.
                                                                                                                                                                                                               
                                                                                                                                                                                                            2. In case the position of the manager in charge becomes vacant, the corporate Surveyor and Loss Adjuster shall inform the IA, appoint a replacement manager within two months as of the date on which the position became vacant and notify the IA of name and qualifications of the new manager.
                                                                                                                                                                                                            • Article (13)

                                                                                                                                                                                                              1. The (natural person) Actuary shall provide his services either in his capacity as an employee at the Company or appointed by the company under a contract. In both cases, the Company and the Actuary must inform the Authority of such relationship within seven days from the date of commencement of such relationship.
                                                                                                                                                                                                                 
                                                                                                                                                                                                              2. In case the Actuary is appointed as an employee within the company, he shall be prohibited to hold any other position therein or provide his services to any other company.
                                                                                                                                                                                                                 
                                                                                                                                                                                                              3. The company shall enable the Actuary to conduct his duties in complete independence and objectivity, and shall make available to the Actuary all documents, information and papers that help perform his duties.
                                                                                                                                                                                                                 
                                                                                                                                                                                                              4.  All reports submitted by a corporate Actuary shall be signed by a licensed Actuary by the Authority and registered in the Register.
                                                                                                                                                                                                              • Article (11)

                                                                                                                                                                                                                The Company shall include a provision in the agreement executed with the Bank stating that all measures specified in the Instructions to encounter money laundering and combat terrorism financing as issued by the Board of Directors of the Authority, as well as other relevant laws including the instructions issued by the Central Bank in this regard shall be complied with, and ensure that all collected premiums are paid from the customer's account with a Bank operating in the State authorized to open accounts to customers.

                                                                                                                                                                                                                • Article (11)

                                                                                                                                                                                                                  1. Penalties and procedures shall be applied on the Insurance Producer according to the following:

                                                                                                                                                                                                                    a) Breaching laws, Regulations, Instructions, or Decisions issued by the Authority.

                                                                                                                                                                                                                    b) Failure to perform his duties in the manner legally and professionally required.

                                                                                                                                                                                                                    c) Losing any one of the conditions based on which the license was granted.

                                                                                                                                                                                                                    d) Failure to apply for license renewal in accordance with the provisions of Article (7) of these Instructions.

                                                                                                                                                                                                                  2. In the event any of the violations listed in Paragraph (1) herein is substantiated with evidence satisfactory to the Authority, the Director General shall have the right to apply any of the following procedures and penalties:

                                                                                                                                                                                                                    a) Issue warning the Insurance Producer to take the appropriate measures to rectify his position within a specific period of time.

                                                                                                                                                                                                                    b) Suspend the Insurance Producer's registration for a period not exceeding six months with cooperation with the Competent Authorities. In case the violation is repeated, the period of suspension shall be doubled and the public shall be notified through a notice published by the Authority on its website, or any other means, as well as notifying all insurance companies of such decision.

                                                                                                                                                                                                                    c) In case of failure to rectify positions within the specific period, the decision to cancel the license shall be taken, and all insurance companies, the Insurance Agent and the Competent Authorities shall be notified of such decision and the public shall be notified through a notice published by the Authority on its website

                                                                                                                                                                                                                    d) In the event the Insurance Producer's license is cancelled pursuant to the provision of this Article, he may not submit a new application for license before the lapse of two years from the date of issue of the cancellation decision.

                                                                                                                                                                                                                    e) The websites that practice the business of Insurance Producers in the State without obtaining the necessary license from the Authority shall be blocked, in coordination with the Competent Authorities in the state.

                                                                                                                                                                                                                  • Article (11)

                                                                                                                                                                                                                    It is permitted to appeal the decision concerning rejecting the approval of the application for licensing, registration, cancellation or deletion from the register within 20 working days from the date of the notification of the decision. The appeal shall be submitted to the Insurance Authority Board of Directors to decide on it within 20 working days from the date of its submission in a complete manner, and their decision shall be final.

                                                                                                                                                                                                                    • Article (15)

                                                                                                                                                                                                                      The Consultant shall abide by the following rules and ethics of practicing the insurance consultancy profession:
                                                                                                                                                                                                                      1. To make every possible scientific effort in order to ensure that the advice provided by him is based on principles consistent with the provisions of the laws, regulations, instructions and decisions issued by the competent authorities and compatible with the common insurance principles. Therefore, he shall give the required due care to achieve that.
                                                                                                                                                                                                                      2. To explain to the Client the nature of the task performed by him objectively and to make his relationship with the client under a written agreement.
                                                                                                                                                                                                                      3. Not to put himself in a position that can be described as conflict of interest towards the Client, and in the event of such a situation, he must withdraw from the task assigned to him if he is unable to remove the conflict of interest.
                                                                                                                                                                                                                      4. To maintain the information, data and documents submitted to him by the client or company, with the necessary care and confidentiality, unless such information, data and documents is required to be presented to a related party.
                                                                                                                                                                                                                      5. The Consultant shall not assign another Consultant with the task assigned to him except with the consent of the Client.
                                                                                                                                                                                                                      6. The Consultant shall not provide consultation or advice based on non-objective grounds for dealing with one company or another.
                                                                                                                                                                                                                      7. The Consultant shall not be entitled to remuneration or fees from any other party or person other than the Client who deals with him.

                                                                                                                                                                                                          • Branches of a Corporate Actuary

                                                                                                                                                                                                            • Article 12

                                                                                                                                                                                                              The Health Insurance Third Party Administrator shall:

                                                                                                                                                                                                              1. Provide the IA with the agreement concluded with the Insurance Company, and a list of agreements concluded with the Medical Service Providers within a period not exceeding thirty days as of the date of such agreement(s), as well any amendment within a maximum period of fifteen days as of the date of such amendment.
                                                                                                                                                                                                                 
                                                                                                                                                                                                              2. Notify the Director General of any change to any data or information based on which the TPA was licensed immediately as such change occurs, provided that such change is consistent with the provisions of these Instructions and resolutions issued thereunder.
                                                                                                                                                                                                              • Article (12) Conditions for Registration Renewal

                                                                                                                                                                                                                1. The requirements of registration renewal in the Insurance Agents Register shall be as follows:
                                                                                                                                                                                                                   
                                                                                                                                                                                                                  1. An application to be submitted to the IA using the form designated for this purpose, at least one month prior to the expiry of the registration term. The application for renewal shall be submitted in duplicate signed by the Insurance Agent; and
                                                                                                                                                                                                                     
                                                                                                                                                                                                                  2. A statement containing the business practiced as Agent for the Company during the year using the form prepared for this purpose.
                                                                                                                                                                                                                     
                                                                                                                                                                                                                2. If the Insurance Agent is a corporate person, they must submit, in addition to the requirements set forth in Clause (1) herein, a list including the name(s) of the director(s) in charge of its management, as the case may be, and all key staff in charge of agency business.
                                                                                                                                                                                                                   
                                                                                                                                                                                                                3. True copies of the trade license and certificate of registration in the Commercial Register shall be submitted.
                                                                                                                                                                                                                • Obligations of the Company

                                                                                                                                                                                                                  • Grievance

                                                                                                                                                                                                                    • Final Provisions

                                                                                                                                                                                                                      • Opening Branches

                                                                                                                                                                                                                        • Chapter III Letter of Guarantee and Professional Indemnity Insurance Policy Provisions

                                                                                                                                                                                                                          • Article 12 Opening a Branch for the Surveyor and Loss Adjuster inside the UAE

                                                                                                                                                                                                                            1. Companies practicing the work of surveying and loss adjustment may open one branch or more in the UAE subject to satisfying the following conditions:
                                                                                                                                                                                                                               
                                                                                                                                                                                                                              1. The company has been registered in the Register for a period of more than one year, during which it has actually practiced the business and was not subject to any disciplinary sanction.
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                              2. The company shall obtain the approval of the competent authority
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                              3. The new branch shall operate under the direct supervision of manager in charge of the headquarters.
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                            2. The company practicing the surveying and loss adjustment business shall submit an application to the IA using the form prepared by the IA for this purpose enclosing the required documents.
                                                                                                                                                                                                                               
                                                                                                                                                                                                                            3. The Director General shall issue a decision to accept or reject the application. In case of rejection, the company may submit a grievance before the Board against the rejection decision of the Director General in accordance with the procedures set forth in these Regulations. The Decision of the Board shall be final.
                                                                                                                                                                                                                            • Article (14)

                                                                                                                                                                                                                              A corporate Actuary may open a branch or other branches in the Emirates of the States in accordance with the following conditions:

                                                                                                                                                                                                                              1. Submitting an application to open a branch or branches and obtaining the approval of the Director General;
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                              2. The lapse of at least one year from the date of obtaining the license for the main office thereof, and if there were sanctions or administrative proceedings imposed on them during the year prior of submitting the application, then the Insurance Authority Board of Directors Decision No. (12) of 2016 Concerning the Elapse of Impact of the Disciplinary Sanctions imposed on Insurance-Related Professions, shall be taken into consideration.
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                              3. The conditions set forth in Article (3) herein must be satisfied by each person that conducts actuarial functions.
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                              4. Approval by the competent authority in the respective Emirate to open the branch.
                                                                                                                                                                                                                              • Article ( 12)

                                                                                                                                                                                                                                1. The Company may not authorize the Bank with the following:
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                  1. Issue Insurance policies and addenda, or make any amendments thereto;
                                                                                                                                                                                                                                  2. Settle claims;
                                                                                                                                                                                                                                  3. Pay compensations.
                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                2. The Insurance Company shall provide the Bank with the Authority's approval to market insurance policies.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                3. The Insurance Company shall obtain from the Bank a proof of the Central Bank's approval to market insurance policies.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                4. The Insurance Company shall inform the Authority through Electronic Means adopted for this purpose or other means adopted by the Authority of any change in the agreement with the Bank within five working days from the date of such change or amendment.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                5. The Insurance Company shall notify the Authority in case of discovering a breach by the Bank of the provisions of legislations, and the laws issued pursuant to any of them.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                6. The Company shall ensure that the customers of bancassurance are fully aware that the Bank is simply a marketing channel and is neither responsible for the terms and conditions of the insurance products it is marketing nor for the payment of any compensations, and that the responsibility for the aforementioned is solely borne by the Insurance Company.
                                                                                                                                                                                                                                • Article (12)

                                                                                                                                                                                                                                  The decision of the Authority to cancel the license or write off the registration may be appealed within (30) days from the date of notification thereof. The appeal shall be submitted to the Board which shall take its decision within 60 working days from submitting the complete application. The decision of the Board on such appeal shall be final

                                                                                                                                                                                                                                  • Article (12)

                                                                                                                                                                                                                                    The companies that have Points of Sale affiliated to them are subject to the provisions of these Instructions shall regularize the status of the Points of Sale in accordance with its provisions within a period not exceeding three months from the date of its implementation.

                                                                                                                                                                                                                                    • Article (16)

                                                                                                                                                                                                                                      1. 1. The Insurance Consultant (Corporate Person) shall not open branches within the State unless he obtains the approval from the Authority for each branch separately and in accordance with the following conditions:
                                                                                                                                                                                                                                      2. A. Issuing a decision by the Board of Directors or Board of Managers of the Insurance Consultant to open a branch within the State.
                                                                                                                                                                                                                                      3. B. Appointing a responsible officer to the branch who fulfills the conditions and requirements specified under this regulation.
                                                                                                                                                                                                                                      4. C. The new branch shall operate under the direct supervision of the Director General or the Chief Executive Officer or the likewise at the Head Quarter of Insurance Consultant.
                                                                                                                                                                                                                                      5. D. Submitting proof of ownership of the location of the branch office or its tenancy contract attested by the concerned authorities.
                                                                                                                                                                                                                                      6. E. Provide a statement showing the technical equipment in the branch, as well as a statement of the names of employees and their job titles.
                                                                                                                                                                                                                                      7. F. The lapse of at least two years from the date of obtaining the license of the Insurance Consultant during which the activity was effectively carried out and in which there were no disciplinary sanctions or administrative proceedings imposed on him
                                                                                                                                                                                                                                      8. G. Obtaining the Approval by the competent authority in the respective Emirate to open the branch.
                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                      9. 2. The application for opening the branch shall be submitted by the legal representative of the Insurance Consultant through the Electronic Means made for this purpose or other means adopted by the Authority enclosing the supporting information, and documents and proof of paying the prescribed fees. The Authority shall issue its decision to approve the opening of the branch or rejection within (20) working days from the date of submitting the complete application to the authority.

                                                                                                                                                                                                                                      3. The registration of the branch shall be renewed pursuant to an application submitted to the Authority and after confirming the compliance of the Consultant with the provisions of this Regulation and paying of the prescribed annual fees for renewal.

                                                                                                                                                                                                                                      1. All the provisions stipulated in this Regulation shall apply to the activity of the branch.
                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                      2. The Insurance Consultant may request the closure of the branch through the Electronic Means made for this purpose or other means adopted by the Authority. The Authority shall issue its decision to approve closing it within (20) working days from the date of submitting the complete application to the Authority.
                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                      3. Without prejudice to the penalties set forth in this Regulation, the Authority may cancel the approval issued to the branch if it loses one of the conditions based on which the license was granted or breaches one of the provisions of the law, regulations, instructions, decisions or circulars issued in implementation thereof.
                                                                                                                                                                                                                                      • Conditions for Issuing the Letter of Guarantee

                                                                                                                                                                                                                                        • Article 11

                                                                                                                                                                                                                                          The Letter of Guarantee shall be:
                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                          1. Issued by a bank operating in the UAE, in favor of the Chairman of the IA Board of Directors in his capacity according to the form designated by the IA.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          2. Unconditional, unrestricted, payable on demand – by the IA – at any time and may only be canceled under a written consent of the IA.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          3. Issued for the purpose of guaranteeing the settlement of the Insurance Broker's transactions and meeting their obligations arising from practicing Insurance Brokerage towards companies, clients or beneficiaries, or in implementation of the IA's decisions.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          4. Its value may not be less than (AED 3,000,000) three million Dirhams for companies incorporated in the UAE and (AED 1,000,000) one million Dirhams for any branch thereof. For the branch of a foreign company or companies incorporated in any financial free zone, its value may not be less than (AED 5,000,000) five million Dirhams for the branch and (AED 3,000,000) three million Dirhams for any addition branch thereof in the UAE.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          5. At any time, the IA shall have the right to liquidate the Letter of Guarantee submitted by the Insurance Broker in full or in part to ensure meeting its liabilities resulting from practicing its activity towards the companies, clients or beneficiaries, or in implementation of the IA's decisions.
                                                                                                                                                                                                                                      • Article (13)

                                                                                                                                                                                                                                        It is prohibited to deal with any Points of Sale that practice their activities without being authorized by the Authority in accordance with the provisions of these Instructions.

                                                                                                                                                                                                                                        • Conditions for Issuing the Professional Indemnity Insurance Policy

                                                                                                                                                                                                                                          • Article 12

                                                                                                                                                                                                                                            The Professional Indemnity Policy shall be:
                                                                                                                                                                                                                                             

                                                                                                                                                                                                                                            1. Issued by a company licensed by and registered with the IA, after the IA's approval of the conditions of such policy.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            2. The insured shall be the Insurance Broker and the beneficiary shall be the Chairman of the IA Board of Directors in his capacity.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            3. Issued for the purpose of guaranteeing any liability arising from damages resulting from practicing Insurance Brokerage, unintentional error, omission and unintentional negligence.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            4. Valid throughout the license term and applicable to the annual renewal of the license. The Insurance Brokerage activity may not be practiced unless such policy is available and valid.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            5. The insured sum under the policy may not be less than (AED 2,000,000) two million Dirhams for companies incorporated in the UAE, provided that the deductible amount may not exceed (AED 30,000) thirty thousand Dirhams for each accident. As for the branch of a foreign company or companies incorporated in any financial free zone, the insured sum under the policy may not be less than (AED 3,000,000) three million Dirhams, provided that the deductible amount may not exceed (AED 50,000) fifty thousand Dirhams for each accident.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            6. Any amendment or alternation to the insurance policy may only be made under the written approval of the IA.
                                                                                                                                                                                                                                        • Article (14)

                                                                                                                                                                                                                                          The Director General shall issue the decisions and circulars necessary to implement the provisions of these Instructions.

                                                                                                                                                                                                                                        • Article (15)

                                                                                                                                                                                                                                          These instructions shall be published in the Official Gazette and shall be effective from the day following to the date of their issuance.

                                                                                                                                                                                                                          • Basic Duties of the Actuary

                                                                                                                                                                                                                            • Article 13

                                                                                                                                                                                                                              1. The period of registration shall be one calendar year. The license shall be renewable under an application submitted 30 days prior to the expiry date of the license enclosing the following documents:
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                1. A list of the TPA’s Director, officers in charge, as applicable, key professional staff and authorized signatories.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                2. A list of businesses conducted by the TPA during the year.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                3. A list of Insurance Companies and Medical Service Providers contracted by the TPA when applying for the license renewal and the expiry date of each agreement.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                4. A proof of payment of the prescribed fees in accordance with regulations and instructions issued in this regard.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                              2. The Health Insurance Third Party Administrator shall provide the Director General with the duly audited closing financial statements for the fiscal year within two months of the end of the fiscal year.
                                                                                                                                                                                                                                 
                                                                                                                                                                                                                              3. The fiscal year shall start on January 1st and end on December 31st of each year, provided the financial statements of the Company shall be prepared in UAE Dirham
                                                                                                                                                                                                                              • Article (13) Change of Data and Information

                                                                                                                                                                                                                                1. The Insurance Agent shall inform the IA of any change in any data or documents based on which the Insurance Agent was registered within 15 days of the date such alteration occurs.
                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                2. In case the position of the director in charge becomes vacant, the corporate Insurance Agent shall inform the IA and appoint an alternative director within one month as of the date of the position becomes vacant and notify the IA of the name and qualifications of the new director.
                                                                                                                                                                                                                                • Supervision and Inspection

                                                                                                                                                                                                                                  • Final Provisions

                                                                                                                                                                                                                                    • Violations and Penalties

                                                                                                                                                                                                                                      • Article 13 Duties of the Surveyor and Loss Adjuster

                                                                                                                                                                                                                                        The Surveyor and Loss Adjuster shall comply with the following:

                                                                                                                                                                                                                                        1. In practicing the business of surveying and loss adjustment, adhere to limits of classification in the registration thereof.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        2. Add his/her/its name and registration number with the IA on all stationary, documents, correspondence and reports thereof.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        3. Comply with the provisions of laws and regulations and the rules of integrity and transparency in performing the duties thereof.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        4. Inform the affected parties in writing of all procedure to be taken and request all information necessary to identify the type, reasons and size of damages in order to perform the tasks properly as an Surveyor and Loss Adjuster.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        5. Verify the accident circumstances and state whether the accident realized is insured or not.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        6. Determine the actual value of the insured interest at the time of damage occurrence as well as the type and size of such damages. In case there is a claim for a specific amount of compensation, inform the Company whether such claimed amount of compensation is appropriate, excessive or rejected and state the grounds for the assessment thereof.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        7. Adjust the Company’s liability under the insurance policy taking into consideration the terms, conditions, exclusions and deductible amounts of the policy or its endorsements.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        8. Suggest the prompt measures to prevent aggravation of damages and maintain what remains of the insured interest.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        9. Inform the relevant parties of the probabilities of a third party liability for the damage, the necessary procedures to protect the rights of such parties and maintain their contractual or legal obligations, if possible.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        10. Inform the parties of the difficulties that possibly will be encountered when performing his/her/its work, which may prevent the performance of his/her/its task.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        11. Prepare the reports on surveying, loss adjustment and settlement, as soon as possible.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        12. Within three months from the end of each year, provide the IA with an annual statement of the claims settled through him/her/it using the form prepared by the IA for this purpose.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        13. Inform the IA in writing of any issue discovered or known by him/her/it during the performance of work, which constitutes a violation of the provisions of the Law, regulations or resolutions issued pursuant thereto.
                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                        14. Inform the IA immediately of any change or amendment to the conditions of his/her/its registration.
                                                                                                                                                                                                                                        • Article (15)

                                                                                                                                                                                                                                          An Actuary shall carry out the following basic duties:

                                                                                                                                                                                                                                          1. Prepare reports on the Company's portfolio of risks, losses ratio trends, capital adequacy, technical provisions, and availability of solvency requirements in the Company.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          2. Review the Company's pricing policy for insurance products and the soundness of its underwriting policy in general.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          3. Review the sufficiency of reinsurance coverage and the appropriateness of liability retention by the Company to its financial capabilities and the structure of the risks portfolio.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          4. Assess the soundness of the investment policy applied by the Company.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          5. Assess the statistical system adopted by the Company.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          6. Examine the financial position for persons insurance business and fund accumulation operations and estimate the value of liabilities pursuant to Articles (59) and (60) of the Law.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          7. Review the financial position of the Company and the risks it faces.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          8. Review the surplus calculation process in insurance contracts containing a profit sharing clause.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          9. Set the technical basis for pricing new insurance products that the Company intends to market and specify the amounts payable to policyholders of life insurance policies upon termination thereof.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          10. Review the basis used by the Company to report technical and investment profits and the method of profit distribution.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          11. Assess the sufficiency of monies available for the Company of the assets in general and liquidity in particular to maintain its solvency required to encounter risks; and current and future liabilities of the Company.
                                                                                                                                                                                                                                          • Article (13)

                                                                                                                                                                                                                                            1. Subject to the approval of the Central Bank, the Authority shall carry out inspections and supervision over the Banks , either on regular or surprise basis , in order to verify their compliance with the instructions issued by the Authority; and shall investigate any violations revealed during the inspection or included in complaints received by the Authority.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            2. The Authority may request through the Central Bank, all relevant information and documents - which they deem necessary for supervision and inspection purposes- from the Bank which must be presented within the time period specified by the Authority.
                                                                                                                                                                                                                                            • Article (13)

                                                                                                                                                                                                                                              Any person, who is currently practicing the Insurance Producer profession should reconcile his conditions in accordance with the provisions stipulated in the Instructions herein within a period not exceeding three months from the date of these Instructions entering into effect.

                                                                                                                                                                                                                                              • Article (17)

                                                                                                                                                                                                                                                1. In the event of any violation listed hereunder committed by an Insurance Consultant, the Authority shall take the procedures and apply the penalties set forth in this Article:

                                                                                                                                                                                                                                                a. Breaching laws, Regulations, Instructions, or Decisions issued by the Authority.

                                                                                                                                                                                                                                                b. Failure to perform his duties in the manner legally and professionally required.

                                                                                                                                                                                                                                                c. Losing any one of the conditions based on which the license was granted.

                                                                                                                                                                                                                                                d. Failure to renew his registration in accordance with the provisions of Article (9) of this Regulation.

                                                                                                                                                                                                                                                e. Disclosing any information pertinent to the client which he became aware of during performing his professional undertakings.

                                                                                                                                                                                                                                                2. In the event any of the violations listed in Paragraph (1) herein is substantiated with evidence satisfactory to the Authority, the Director General shall have the right to apply any of the following procedures and penalties:

                                                                                                                                                                                                                                                a. Warn the Insurance Consultant of taking the appropriate measures to rectify his position within a specific period of time.

                                                                                                                                                                                                                                                b. Suspend his license for no more than six months, and in case he repeats the violation, the period of suspension shall doubled, along with notifying all insurance companies of such decision.

                                                                                                                                                                                                                                                c. In case of failure to rectify his position within the specific period, the decision to cancel the license shall be taken, and all insurance companies shall be notified of such decision.

                                                                                                                                                                                                                                                d. In the event the Insurance Consultant's license is cancelled pursuant to the provision of this Article, the Insurance Consultant may not submit a new application for license before the lapse of two years from the date of issue of the cancellation decision.

                                                                                                                                                                                                                                                3. The decision of the Authority to cancel the license or write off the Register may be appealed within (30) days from the date of notification thereof to the Board of Directors of the Authority whom shall decide on the appeal within 45 days from submitting the complete appeal, and the Board's decision shall be final.

                                                                                                                                                                                                                                              • Article (16)

                                                                                                                                                                                                                                                In addition to the duties contained in Article (15) herein, an Actuary shall perform the following duties while working with Takaful Insurance Companies:

                                                                                                                                                                                                                                                1. Review the level of contributions which the Company requires the participants to pay and whether they are based on the sound technical bases.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                2. Review the loss ratio in the participants’ account, and in case of continuing losses in this account, the Actuary must conduct technical analysis to determine the reasons behind such continuing losses and whether they are due to the loadings debited to the account or due to the underwriting policy adopted by the Company or for both reasons. He must also submit an annual report to the Company's board of directors along with the measures he recommends to rectify the situation.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                3. Review the investment policy applied by the Company with regard to investing the monies available in the participants’ account and submit his reports thereon to the board of directors.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                4. Review the bases on which the surplus in the participants account is distributed and prepare reports in this regard to be submitted to the board of directors of the Company.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                5. Review the Company's policy in calculating the Wakala Fee and Mudarabah share, and submit his report thereto to the Shariah Supervisory Committee and the board of directors.
                                                                                                                                                                                                                                                • Article (14)

                                                                                                                                                                                                                                                  The Director General shall issue the necessary decisions to implement the provisions of the Instructions herein.

                                                                                                                                                                                                                                                  • Article (18)

                                                                                                                                                                                                                                                    1. The Insurance Consultant shall keep regular records of the insurance consultancy operations performed by him, and retain them for ten years.
                                                                                                                                                                                                                                                    2. The Consultant may keep the regular records in electronic form.
                                                                                                                                                                                                                                                    3. The (Corporate Person) Insurance Consultant shall prepare audited annual financial statements and provide the Authority with a copy thereof within three months of the end of the fiscal year.

                                                                                                                                                                                                                                                  • Article (15)

                                                                                                                                                                                                                                                    The Instructions herein shall be published in the Official Gazette and shall come into force as of the date of its publication.
                                                                                                                                                                                                                                                     

                                                                                                                                                                                                                                                    • Article (19)

                                                                                                                                                                                                                                                      The Consultants who are registered with the Authority at the time the provisions of this Regulation entered into force shall rectify their position within six months from the date it entered into force, otherwise the registration of those who failed to rectify their position will be cancelled.

                                                                                                                                                                                                                                                    • Article (20)

                                                                                                                                                                                                                                                      The Ministerial Resolution No.(23) of 1985, concerning the Regulation of the Insurance Consultancy, , and the amendments thereof shall be repealed.

                                                                                                                                                                                                                                                    • Article (21)

                                                                                                                                                                                                                                                      The Authority shall collect the prescribed fees for the procedures and services it performs in accordance with the provisions of the law, regulations, instructions or decisions issued pursuant thereto.

                                                                                                                                                                                                                                                    • Article (22)

                                                                                                                                                                                                                                                      The Director General shall issue decisions and circulars as required for the implementation of these Regulation.

                                                                                                                                                                                                                                                    • Article (23)

                                                                                                                                                                                                                                                      This Regulation shall be published in the Official Gazette and shall come into force from the next day of its publication.

                                                                                                                                                                                                                                      • Obligations of the Actuary

                                                                                                                                                                                                                                        • Article 14

                                                                                                                                                                                                                                          The Health Insurance Third Party Administrator may provide its services to more than one Insurance Company and may contract with more than one Medical Service Provider, provided that separate records and bank accounts shall be kept for each contract concluded with insurance companies.

                                                                                                                                                                                                                                          Article (14 repeated) 

                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                          1. The Health Insurance TPA Company may open a branch or more inside the State after obtaining the approval of IA for each individual branch, subject to the following conditions:
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                            1. A decision by the Board of Directors or the Management Board of the Health Insurance TPA Company is issued to open the branch;
                                                                                                                                                                                                                                            2. An officer and specialized staff shall appointed for the branch subject to satisfying the conditions set forth in Clauses 1, 2 and 3 of Article 7 of these Instructions. The Branch Manager shall submit a declaration acknowledging his full responsibility for the actual management of the branch;
                                                                                                                                                                                                                                            3. A period of no less than one year must have elapsed since the licensing of the TPA Company, during which the Company has actually conducted the activity within the State and has not been subject to any serious administrative sanctions or violations.
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          2. The Health Insurance TPA Company may request the closure of the branch under a decision to be issued by the Director General;
                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                          3. Any other controls or conditions set by the IA.

                                                                                                                                                                                                                                          Article (14 repeated 1)

                                                                                                                                                                                                                                          The Health Insurance TPA Company may open a branch or more outside the State provided the IA shall be notified of all the procedures from date of obtaining the license to the end of its business for any reason, in addition to indicating the approval of the regulators in the host country.

                                                                                                                                                                                                                                          • Article (14) Suspension of the Business

                                                                                                                                                                                                                                            1. Cases of suspending the Insurance Agent from practicing the agency business shall be as follows:
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                              1. a. Under an application submitted by the Insurance Agent to stop practicing the business thereof using the form prepared by the IA for this purpose;
                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                              2. b. Termination or expiry of the term of the agency agreement signed between the Agent and the Company and non-renewal thereof.
                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                            2. The Director General shall issue a decision to suspend the Insurance Agent from practicing the business which shall be notified to the competent authorities.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            3. The Insurance Agent may not practice the agency business during the period of suspension of the registration thereof. The Insurance Agent shall remain responsible for the obligations resulting thereon or obligations arising from the business thereof before the date of issuing the suspension decision.
                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                            4. The term of the Insurance Agent registration shall be rescind or terminated if the suspension causes have not been addressed within six months as of the date of suspension.
                                                                                                                                                                                                                                            • The Financial Statements Pertaining to Marketing Insurance Policies Through Banks

                                                                                                                                                                                                                                              • Article 14 Contents of the Settlement Report

                                                                                                                                                                                                                                                The settlement report prepared by the Surveyor and Loss Adjuster shall at least include the following information:

                                                                                                                                                                                                                                                1. The date of preparation and submission of the settlement report.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                2. Information about the insured and beneficiary of the insurance.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                3. The party that requested the settlement.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                4. Names of the related insurance agents and brokers, if any.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                5. Introduction on the insurance policy and its basic terms, particularly those related to damages, subject of the report.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                6. A statement of the damages and their causes, and determining the loss resulting therefrom.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                7. A statement of work and procedures followed in making the settlement and preparing the report, including any case of outsourcing specialized persons for settlement work. The Surveyor and Loss Adjuster shall include the reports of such outsourced persons in his/her/its report.
                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                8. The technical opinion about the insurance coverage and the extent of inclusiveness thereof in terms of type and amount of damage, loss adjustment of the damage size for which indemnity is claimed and the amount of payable compensation.
                                                                                                                                                                                                                                                • Article (17)

                                                                                                                                                                                                                                                  An Actuary shall abide by the following obligations when performing his duties with the Company:

                                                                                                                                                                                                                                                  1. Perform his work according to the basis and actuarial standards adopted by the society that he belongs to.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  2. If, while performing his duties, he detects clues of issues that may adversely affect the financial position of the Company, he shall report such issue to the board of directors and the Authority.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  3. If it was found that the Company does not comply with the provisions of the laws, Regulations, Instructions and Decisions issued by the Insurance Authority and relevant to the Actuarial aspects of the company’s operations, he shall prepare and submit a report of such to the board of directors of the Company and the Authority .
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  4. The Actuary may not disclose any information pertinent to the Company that comes to his knowledge in the course of exercising his professional activity.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  5. For the purpose of applying the provision of Clause (4) of this Article, providing the Authority and the judicial authorities with any information pertinent to the Company shall not be construed as a breach to Clause (4) of this Article.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  6. The Actuary may not assign another Actuary to perform the duties assigned thereto by the Company except after obtaining the approval of the Company and notifying the Authority.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  7. The Actuary shall also prepare quarterly reports and an annual report concerning performance of his duties. Such reports shall be presented to the board of directors of the Company and the Authority pursuant to the Financial Instructions issued by the Authority.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  8. The Actuary shall submit by-annual reports concerning his revision of the pricing policy applied by the Company upon insuring property and liabilities and in accordance with relevant Instructions and Decisions issued for such purpose.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  9. To keep data, records and documents related to his work for ten years.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  10. Present a declaration according to the form made by the Authority, that all data and documents submitted by him are accurate.
                                                                                                                                                                                                                                                  • Article (14)

                                                                                                                                                                                                                                                    The Company shall provide the Authority with the financial statements showing the gross written premiums, gross expenses and gross claims pertinent to marketing insurance policies through Banks aggregately and separately for each Bank and for each line of insurance, on quarterly and annual basis and in accordance with what is determined by the Authority.

                                                                                                                                                                                                                                                  • Article (18)

                                                                                                                                                                                                                                                    In addition to the reports of which shall be sent to the Authority in accordance with provisions of applicable Instructions, an Actuary shall submit special reports to the Authority in the following incidences:

                                                                                                                                                                                                                                                    1. If it becomes evident that the financial or technical position of the Company will prevent it from meeting its obligations towards the Insureds and beneficiaries of insurance policies.
                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                    2. If it becomes evident that the underwriting policy of the Company will expose the financial position of the Company to risk.
                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                    3. In case of the Actuary’s rejection of or reservation against the content of any report required to be submitted to the Authority by the Company.
                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                    4. If the management of the Company fails to enable him from duly performing his duties
                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                    5. In case of the Actuary's resignation or dismissal, or cancellation of his accreditation by the Company.
                                                                                                                                                                                                                                              • Termination of the Actuary Relationship with the Company

                                                                                                                                                                                                                                                • Article 15

                                                                                                                                                                                                                                                  The Health Insurance Third Party Administrator shall comply with the following:

                                                                                                                                                                                                                                                  1. Have its registration number affixed on all forms, correspondence and documents related to the business thereof with the Insurance Company and the Medical Service Providers.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  2. Provide the Insurance Company with the forms of agreements to be concluded with the Medical Service Providers for the approval before signing such agreements.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  3. Pay the amounts of claims to the entitled Beneficiaries once received from the Insurance Company within the agreed period under the agreement.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  4. Keep books of accounts for each insurance company to record the amounts collected from the same for claim payments.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  5. Not to underwrite any insurance business and not transact any such business with reinsurers.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  6. Not to charge or collect any additional amounts from the insured or the Beneficiary to whom it provides services other than those agreed upon with the Insurance Company under the agreement concluded therewith.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  7. Inform the IA of the Insurance Company that delays payment of claims if the period of delay is longer than (15) days as of the period set out in the relevant agreement.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  8. Provide the contracted Insurance Company with any reports required by the same to show the results of the business between them at any time.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  9. Not to retain any balance amounts as a result of settlement of claims for amounts lesser than the sums insured covered by the policies. Such amounts shall be returned to the Insurance Company.
                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                  10. Not to collect any commission or interest on any funds available in the bank for the account of insurance companies, unless agreed otherwise. In case the Health Insurance Third Party Administrator obtains any proceeds, commission or interest other than those stipulated in the agreement, such proceeds shall be due to the Insurance Company.
                                                                                                                                                                                                                                                  • Article (15) Opening a Branch of the Insurance Agency in the UAE

                                                                                                                                                                                                                                                    1. An Insurance Agent may apply for the opening of a branch or more of the insurance agency in the UAE if the following requirements are satisfied:
                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                      1. A period of not less than two years has elapsed since the Insurance Agent was registered in the Register during which the Insurance Agent actually practiced the business and has not been subject to any disciplinary penalty.
                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                      2. The principal company requests the opening of a branch for the agency;
                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                      3. The initial approval of the Competent Authority in the concerned Emirate is granted; and
                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                      4. A proposed Action plan for branch required to be opened is provided.
                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                    2. The Insurance Agent shall submit an application to the IA using the form prepared by the IA for this purpose.
                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                    3. The Director General shall issue a decision accepting or rejecting the application to open the branch. The decision of rejection by the Director General shall be final.
                                                                                                                                                                                                                                                    • Commissions

                                                                                                                                                                                                                                                      • Article 15 Records of the Surveyor and Loss Adjuster

                                                                                                                                                                                                                                                        1. The Surveyor and Loss Adjuster shall keep regular and duly organized books and records where all data and information related to business practiced shall be recorded and maintained, as appropriate, including the following:
                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                          1. Name and address of the insurance company or entity for which he/she/it have performed surveying and loss adjustment work.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          2. Types of damage surveying and loss adjustment work performed.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          3. Memos and correspondence related to the work.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          4. Names of policy holder, insured, beneficiary, date of insurance policy, collected premium, accident data, type and value of damage, surrounding circumstances and the determined payable compensation.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          5. Documents with serial numbers relating to receipt, disbursement and other financial transactions related to surveying and loss adjustment work.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                        2. The Surveyor and Loss Adjuster shall retain the records for a period of not less than five years as of the date of their closure.
                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                        3. The Director General may specify the records that should be retained by the Surveyors and Loss Adjusters.
                                                                                                                                                                                                                                                        • Article (19)

                                                                                                                                                                                                                                                          1. The Company shall inform the Authority within seven days in the event of termination of the Actuary's relationship therewith for any reason along with a statement of the reasons for such termination. In which case, the Board of Directors of the Company shall appoint or accredit an alternative Actuary within thirty days from the date of termination of the former Actuary and shall continue to submit the relevant information as required.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          2. In the event the Authority has had evidence that the decision to terminate the Actuary's relationship with the Company was arbitrary, the Authority may investigate the issue, hear both parties, review the documents relevant to the issue and then provide the Insurance Company with its opinion.
                                                                                                                                                                                                                                                          • Article (15)

                                                                                                                                                                                                                                                            The Company when marketing insurance policies through Banks, shall comply with the instructions to be issued by the Board to regulate the commissions pertinent to marketing insurance policies through all distribution channels.

                                                                                                                                                                                                                                                      • Violations and Penalties

                                                                                                                                                                                                                                                        • Article 16

                                                                                                                                                                                                                                                          The Health Insurance Third Party Administrator must comply with the professional rules and ethics represented in the following:

                                                                                                                                                                                                                                                          1. Conduct its business with professionalism, good faith and fairness.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          2. Comply with the agreements concluded with the Insurance Company and the Medical Service Providers.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          3. Compel its employees and representatives to identify the TPA, the Insurance Company and the Medical Service Providers when dealing with a third party and explain the nature of services it is permitted to provide.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          4. Inform the Insurance Company of the Medical Service Providers contracted on behalf thereof.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          5. Maintain all necessary documents pertaining to claim management for a period of five years after the termination of the agreement concluded with the Insurance Company.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          6. Refrain from doing any act that would directly or indirectly influence the decision of the insured on dealing with a certain insurance company and not others or on ending the business relation with another.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          7. Inform the Insurance Company in case of entering into or terminating contracts with any Medical Service Provider or in the case of amending an existing agreement concluded with a Medical Service Provider prior to affecting such amendment.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          8. Maintain the confidentiality of all data and information obtained by virtue of its business; and take all proper actions to maintain the confidentiality of information and documents in its possession.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          9. Refrain from advertising or promoting for the business and services provided by it on behalf of the Insurance Company without obtaining a written consent from the latter, provided that the information contained therein is correct, accurate and clear and reflects the nature of business it performs.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          10. Observe accuracy, objectivity and impartiality in claim settlement and deal with the contracted insurance companies and medical service providers without bias.
                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                          11. Maintaining the level of services offered to the insured or the Beneficiary throughout the policy period of validity in accordance with the provisions of the agreement concluded with the Insurance Company.
                                                                                                                                                                                                                                                          • Article (16) Duties of the Insurance Agent

                                                                                                                                                                                                                                                            1. The duties of the Insurance Agent shall be as follows:
                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                              1. When practicing the insurance business as agent of the Company, adhere to the types and classes of insurance set forth in the registration;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              2. When practicing the agency business, observe the conditions and limits set forth in the agency agreement;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              3. Includes his/their name and registration number with the IA in all stationary, correspondence and documents thereof;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              4. Receive applications for insurance cover and for policy issuance, amendment or cancellation;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              5. Receive insurance premiums against signed receipt;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              6. Pay any amounts received by the Insurance Agent pursuant to the agency agreement to the principal Company within the period specified in the agency agreement and pay any amounts received from such principal Company to the insured or insurance beneficiaries without delay;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              7. Respond to inquiries of an insurance applicant, insured or beneficiary;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              8. Receive the exchanged correspondence between the Company on the one hand and the insured and beneficiaries on the other hand concerning compensation claims and other issues;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              9. Settle undisputed claims without receiving any consideration in return, follow up the implementation of settlements by the relevant parties, and practice the right of recourse against third parties, when necessary;
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                              10. Immediately notify the IA of any change or amendment in the agency agreement between the Insurance Agent and the Company.
                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                            2. The Insurance Agent must deposit all insurance premiums or any amounts received in his/their capacity as Insurance Agent for the Company in a special account in a bank operating in the State. This bank account shall be dedicated only for depositing the funds related to the agency and the payment of amounts due to the Company after deduction of commissions due to the Insurance Agent under the provisions of contract signed between the two parties and after payment of amounts due from the principal Company to third parties. This bank account shall be subject to the control of the auditor appointed for the Insurance Agent.
                                                                                                                                                                                                                                                            • Penalties

                                                                                                                                                                                                                                                              • Chapter IV Obligations of the Insurance Broker

                                                                                                                                                                                                                                                                • Article 16 Auditing of the Books and Records of the Surveyor and Loss Adjuster

                                                                                                                                                                                                                                                                  1. The Surveyor and Loss Adjuster shall submit the following data approved by an auditor registered on the list of auditors in the IA, within three months from the end of the financial year:
                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                    1. The balance sheet and final accounts for companies practicing the business of surveying and loss adjustment for their operations in the UAE during the past financial year.
                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                    2. Number and names of insurance companies with which the Surveyor and Loss Adjuster has dealt.
                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                    3. Amount of payable fees, amount received therefrom and outstanding fees due from parties that assigned the Surveyor and Loss Adjuster during the past financial year for each company separately.
                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                  2. The Director General may assign one employee or more from the IA or may assign an external party to audit the surveying and loss adjustment work. The Surveyor and Adjuster shall provide such auditors with access to all the records, documents and entries related thereto, cooperate with them, and respond to their requests so that they can carry out their work to the fullest.
                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                  3. The Surveyor and Loss Adjuster shall bear expenses determined by the Director General in case of assigning an external auditor.
                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                  4. The Surveyor and Loss Adjuster must submit any data or information required by the Director General within the period determined for this purpose.
                                                                                                                                                                                                                                                                  • Article (20)

                                                                                                                                                                                                                                                                    In the event of any violation listed hereunder committed by an Actuary, the Authority shall take the procedures and apply the penalties set forth in this Article, in addition to the procurers provided for in other laws and regulations:

                                                                                                                                                                                                                                                                    1. Violations:
                                                                                                                                                                                                                                                                      1. Breaching laws, Regulations, Instructions, or Decisions issued by the Authority.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      2. Violating the rules of ethics of the Actuaries’ profession practice adopted by the society that he belongs to.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      3. Failure to perform his duties in the manner legally and professionally required.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      4. Inaccuracy of the reports he submits on the financial or technical position of the Company.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      5. Losing any one of the conditions based on which the license was granted.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      6. Failure to renew his registration in accordance with Article (8) of these Regulations.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      7. Disclosing any information pertinent to the Company which he became aware of during performing his professional undertakings.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                    2. Procedures and Penalties: In the event any of the violations listed in Paragraph (1) herein is substantiated with evidence satisfactory to the Authority, the latter shall have the right to apply any of the following measures and penalties:
                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                      1. Warn the Actuary of taking the appropriate measures to rectify his status within a specific period of time.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      2. Suspend his license and require him to rectify his position within a specific period of time, along with notifying insurance companies that he works for and the related entities of such decision.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      3. In case of failure to rectify the situation within the specific period, the decision to cancel the license shall be taken, and all insurance companies shall be notified of such.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      4. In the event the Actuary's license is cancelled pursuant to the provision of this Article, the Actuary may not submit a new application for license before the lapse of two years from the date of issue of the cancellation decision.
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                    3. The decision of the Authority to cancel the license or write off the registration may be appealed within 30 days from the date of notification thereof to the Board of Directors of the Authority. The decision of the Board on such appeal shall be final.
                                                                                                                                                                                                                                                                    • Article ( 16)

                                                                                                                                                                                                                                                                      1. In case of a violation against the provisions of the law, regulations, instructions, decisions, or circulars issued thereunder, the Authority may impose the following penalties on the Company:
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                        1. Send a warning to the Company in order to remove the reasons of violation and take the corrective measures to ensure non-recurrence of the violation in the future.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                        2. Suspend the approval to market insurance policies through the Bank for a period of no more than one year, provided that the Bank is notified of any penalties set forth herein.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                      2. The Authority may cancel the approval granted to the Company in any of the following cases:
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                        1. Discontinue meeting one of the conditions of approval as provided under these Instructions.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                        2. Breach by the Bank of any obligation or commitment in the laws, regulations, instructions and decisions pertaining to marketing insurance policies through Banks, upon coordination with the Central Bank concerning the aforementioned breach.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                        3. Failure to renew the granted approval.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                        4. Issuance of a final court judgment declaring the Bank Bankrupt.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                        5. Dissolution and liquidation of the Bank.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                        6. In case it becomes evident that the approval was based on inaccurate information or data, or upon an unfulfilled undertaking in the view of the Authority.
                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                      3. If the approval is cancelled, no application for approval may be submitted by the Company before the lapse of two years from the date of issuing the decision of cancellation.
                                                                                                                                                                                                                                                                      • Internal Bylaws of the Insurance Broker

                                                                                                                                                                                                                                                                        • Article 13

                                                                                                                                                                                                                                                                          To practice its activity, the Insurance Broker shall comply with the following:
                                                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                                                          1. Producing of written internal bylaws within (3) months from the date of obtaining the license, and providing the IA with a copy thereof, subject to amendment of such bylaws in accordance with any amendments made to the Law, regulations, instructions, resolutions and circulars issued by the IA and notifying the IA thereof. Such internal bylaws shall include the following data:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. The documentary cycle to be followed as of the beginning of dealing with a company and client, until the full completion of the insurance transaction.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. The organizational structure of the Insurance Broker showing the actual functions, responsibilities and powers of directors and other employees working for the Insurance Broker.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            3. The relationship between the headquarters of the Insurance Broker and its branches; and determining the powers that the branch is authorized to practice.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            4. Correspondences recording system.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            5. Internal record-keeping system.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            6. Clients' complaints recording system.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          2. Periodical review and continuous update of the internal control system in a manner to ensure the sound application of the Law, regulations, instructions, resolutions and circulars issued by the IA.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          3. Producing an Operational Guide for risk management to include the listing and definition of the specific risks that could be encountered and how to address them once realized. The Guide shall be updated and reviewed periodically as appropriate to the nature of the Insurance Broker business and according to the applicable rules in this regard.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          4. Development of a professional code of conduct for the Insurance Broker employees; and supervising and organizing their undertakings to ensure compliance with the Law, regulations, instructions, resolutions and circulars issued by the IA, especially those related to trust, integrity and conflict of interest.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          5. When practicing the activity of Insurance Brokerage, the Insurance Broker and their branches shall be independent from any other party in terms of place or organizational, technical or administrational aspects.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          6. Cooperation and coordination with the internal controller, enabling him/her to perform the assigned tasks and notifying the IA of any violation of the Law or the regulations, instructions, resolutions or rules issued thereunder, or the applicable internal bylaws.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          7. Not to dismiss the internal controller except by a decision of the board of directors or management board of the Insurance Broker, provided that the IA and the internal controller are notified of the dismissal decision at least (30) working days before such dismissal, explaining the causes and justifications of the dismissal.
                                                                                                                                                                                                                                                                      • Obligations of the Insurance Broker towards the IA

                                                                                                                                                                                                                                                                        • Article 14

                                                                                                                                                                                                                                                                          The Insurance Broker shall comply with the following obligations towards the IA:
                                                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                                                          1. Open an independent account with a bank operating in the UAE to be designated for the financial transactions related only to the Insurance Brokerage business. Such account shall be subject to audit by the IA.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          2. Complete separation between the Insurance Broker's personal accounts and the accounts related to the Insurance Brokerage practice.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          3. Refrain from obtaining any interests on the funds deposited in the account of the Insurance Brokerage business, or from holding such funds in the form of time deposits, or to obtain credit facilities or bank loans secured by such funds.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          4. Maintain the financial solvency required to practice the activity in a manner to ensure the continued performance of its obligations according to the rules set by the IA.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          5. Abide by the limits of insurance types and classes which the Insurance Broker is licensed to practice.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          6. Not to manage or bear any insurance risks.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          7. Conclude Insurance Brokerage agreements with companies; and providing the IA with true copies thereof within a maximum period of one week after the date of their signature, as well as any amendments or alternations thereon once made.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          8. Conclude at least two Insurance Brokerage agreements with companies within (60) working days after the license date.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          9. Not to depend only on one company at any time to practice the activity in the UAE.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          10. Maintain the records, documents, accounts and financial statements that show the Insurance Broker's financial position, transactions, Insurance Brokerage agreements concluded with companies, authorizations issued by Clients, Clients' data, copies of insurance policies issued to such clients, and any other documents or data related to the practice for a period of (10) years, provided that back-up copies of all such statements and documents are maintained for the same period in order to protect the clients’ data and transactions against any causes of damage. The IA shall be allowed access to obtain and review same on demand.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          11. The fiscal year shall commence on the first day of January and ends on the thirty-first day of December every year, provided that the balance sheet and the closing accounts are prepared in the UAE Dirham.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          12. The Insurance Broker shall provide the IA with the following reports:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. A quarterly report signed by the Chairman of the Board of Directors, the Director General or the Chief Executive Officer on the Insurance Brokerage business and the accounts related thereto, to be submitted within a maximum period of 30 days from the end of the quarterly term.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. An annual report signed by the Board of Directors or Management Board, containing all Insurance Brokerage business carried out by the Broker during the year, and the audited final annual financial statements, enclosing the External Auditor’s Report, to be submitted within a maximum period of 90 days from the end of the fiscal year, as well as providing the Authority with copies of insurance brokerage agreements signed with insurance companies during the fiscal year.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            3. Any other reports or statements required by the IA.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          13. To immediately notify the IA of any change occurring on the data or documents based on which the license was granted within (5) working days from the date of occurrence of such change; and of any deficit affecting its financial position.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          14. Inform the IA of the content of advertising campaigns to promote its services before presenting to the public.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          15. Not to publish or promote any incorrect data, information or transactions.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          16. Insert their name and registration number with the IA on all its papers, correspondence and documents in both Arabic and English languages.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          17. Not to assign any business carried out by them to another Insurance Broker(s), unless with the consent of the IA, companies, clients or beneficiaries, subject to notifying the IA of the details of such transfer in case of temporary suspension or cancelation of the license, voluntary or due to a penalty.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          18. Comply with the laws and any decisions or instructions on combating money laundry and terrorist finance.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          19. Comply with all regulatory rules, procedures and requirements as prescribed by the IA regarding internal controls and the undertakings of the internal auditor.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          20. Practice the licensed activity with due diligence in accordance with the provisions of the Law and regulations and the conditions and controls based on which the license was issued; observe commercial norms; nurture Clients' interests and abide by the rules of professional conduct and integrity in practicing its activity with the clients, companies and third parties.
                                                                                                                                                                                                                                                                      • The Insurance Broker’s Obligations towards the Company

                                                                                                                                                                                                                                                                        • Article 15

                                                                                                                                                                                                                                                                          The Insurance Broker shall comply with the following obligations towards the Company:
                                                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                                                          1. Sign an Insurance Brokerage agreement with each Company they deal with. The agreement must be executed in Arabic language, signed by both parties and authenticated before the official authorities. It shall remain in force throughout the period of dealing with the respective Company, and shall include the rights and obligations of each party in conformity with the provisions of these Regulations, particularly the following:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. The term of the agreement, how and why it can be terminated;
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. Types and classes of insurance subject of brokerage;
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            3. Geographical scope;
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            4. A provision authorizing the Insurance Broker to receive the premiums in favor of the Company in cases where the Insurance Broker is permitted to collect the premiums. However, the Insurance Broker may not use the collected premiums for any other purpose.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            5. The agreed commission for the Insurance Broker, the manner to calculate such, when its due date for payment and its collection procedures.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          2. The agreement may not include the following:

                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. Authorization to the Insurance Broker to issue insurance policies or endorsements thereto, or to amend policies or endorsements except for the issuance of motor insurance certificates if both parties wish so.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. Authorization to the Insurance Broker to receive compensations payable to clients or beneficiaries to be paid to the entitled recipients.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            3. Preventing the Insurance Broker from practicing its activity with any other company.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          3. Submit all customer information and data which may affect the decision to be taken by the Company regarding the insurance cover, rates and conditions, in order to enable the Company to assess the risks to be insured or to renew its insurance.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          4. Follow up on the collection of premiums in all types and classes of insurance licensed to be practiced by the Insurance Broker.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          5. Receive insurance premiums from clients, excluding premiums related to insurance types and classes shown below which must be paid by the clients directly to the Company or to be deposited into the Company’s account:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. Life insurance and fund accumulation operations;
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. Group health insurance;
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            3. Marine and air cargo insurance;
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            4. Hull insurance; and
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            5. Petroleum insurance.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          6. Deposit insurance premiums collected by the Insurance Broker in the cases where it is permitted to receiving such premiums in the account designated for the practice of Insurance Brokerage.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          7. Transfer the received premiums to the Company within the period set forth in the agreement signed with the Company without deducting any amounts or interests due from such premiums; in addition to providing the Company with a detailed report thereon.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          8. Not to use the letterhead of the Company - for which the Insurance Broker works - for their own correspondence or correspondence to their Clients.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          9. The Insurance Broker may not, directly or indirectly, seek the cancellation of an insurance policy issued by the Company through another Insurance Broker with the aim of re-issuing the same through them. In this case, the new policy will not be counted when calculating their entitlements.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          10. The Insurance Broker shall maintain the confidentiality of conditions, rates, information and data obtained from the Company and not to disclose such information to other companies.
                                                                                                                                                                                                                                                                      • The Insurance Broker’s Obligations towards the Clients

                                                                                                                                                                                                                                                                        • Article 16

                                                                                                                                                                                                                                                                          The Insurance Broker shall comply with the following obligations towards the Clients:
                                                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                                                          1. Sign a written authorization with all its Clients to authorize it to perform the Insurance
                                                                                                                                                                                                                                                                            Brokerage business according to the form designed for this purpose and approved by the
                                                                                                                                                                                                                                                                            IA. The authorization shall particularly include the following:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. The authorities of the Insurance Broker to communicate with any company
                                                                                                                                                                                                                                                                              licensed by the IA or with any licensed company nominated by the Client.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. The responsibilities and authorities of the Insurance Broker regarding the claimprocedures for compensation which may be entitled by a Client who reports an
                                                                                                                                                                                                                                                                              insured accident.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          2. Not to restrict the Client’s freedom to withdraw or cancel the authorization, and not to charge the Client for any financial costs as a result thereof.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          3. Provide technical advice and consultation, and inform the Client of the best conditions and rates of the companies and keep the documents proving such and register them in duly organized records. In addition, they must negotiate in favor of the Client and represent them before the Company and not to receive any commission for such negotiation.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          4. Observe the interests of the Client whether when comparing the conditions, rates and the scope of insurance cover, or in terms of preferring to work with a certain Company rather than others; and not to recommend or advocate any company just because it offers higher commission to the Insurance Broker.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          5. Ensure that the Client is aware of and has understood the type of service provided and the nature of relationship between them, as well as ensuring that the policy meets all the Client’s requirements.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          6. Notify the Client of all the details of the insurance policy in terms of insurance cover, coinsurance rate (deductible), if any, the surrender amount prior to the scheduled maturity or before the insured risk is realized, or any other conditions, exclusions or restrictions of the insurance policy.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          7. Explain the importance of disclosure of the essential and fundamental information when submitting an application for insurance and the consequences of concealing, inaccuracy or invalidity of any data or documents provided by the Client, as well as explaining the Client’s full responsibility for such data and information.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          8. Explain the importance of disclosing any future changes that may affect the insurance cover during the term of the insurance policy.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          9. Explain the method of payment of insurance premiums highlighting the importance of remitting same in due dates, and the consequences that may be incurred due to failure to observe such due dates.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          10. Send insurance policies to Clients without undue delay, enclosing a notice stating the importance of reading the policy carefully.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          11. Explain the procedures that must be followed by the Client in case the insured risk occurs; and assist in the negotiations with the Company regarding the claims arising from the occurrence of the said risk; and notify the Client immediately of Company's decision to accept or reject the provision of the insurance cover related to such claims.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          12. Not to assign the insurance brokerage tasks to other insurance brokers without obtaining the written approval of the Client and the insurance company thereto.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          13. Inform the Client in writing (20) days before the expiry date of the insurance policy so that the Client can expresses their desire in writing regarding the following:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. Renewal of the insurance policy with the same Insurance Broker or not.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. Renewal of the insurance policy with the same company under the same conditions, or with the same company under different conditions, or with another company according to other proposal presented by the Insurance Broker to the Client.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          14. Deal in accordance with the principles of good faith and transparency and professional
                                                                                                                                                                                                                                                                            rules and ethics, subject to the confidentiality of the Client's data and information
                                                                                                                                                                                                                                                                • Final Provisions

                                                                                                                                                                                                                                                                  • Article 17

                                                                                                                                                                                                                                                                    The Health Insurance Third Party Administrator may conduct an investigation, if required, (such as reviewing the patient’s file at the service provision center) by the claim settlement specialists or approved physicians of the TPA or the Insurance Company using all possible and legally permissible means.

                                                                                                                                                                                                                                                                    • Article (17) Code of Conduct and Ethics

                                                                                                                                                                                                                                                                      The Insurance Agent shall comply with the code of conduct and ethics of the insurance agency profession represented in the following:

                                                                                                                                                                                                                                                                      1. Commitment to integrity, honesty and good conduct in all acts and deeds all the time;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      2. Identity himself/their selves to the insurance applicant and the Company, for which the Insurance Agent practices the insurance business;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      3. Provide the insurance applicant with advice and guidance with respect to insurance programs offered by the Company, for which the Insurance Agent practices the insurance business within the limits of authorities granted thereto, taking into consideration that offered insurance program is consistent with requirements and capabilities of the insurance applicant;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      4. Explain to the insurance applicant that the insurance applicant is responsible for providing all material data and information he/she/them required to disclose when completing the application for insurance or in any other document submitted by him/her/them. In addition, the Insurance Agent shall stress to the insurance applicant the importance of disclosure of material information when submitting the application for insurance or when signing the insurance contract and the consequences of concealing information or of providing false information, inaccurate data or information;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      5. Not to provide any incorrect or misleading information about the insurance cover proposed to the insurance applicant and provide all necessary information, which would give the insurance applicant the real image of the insurance cover applied for;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      6. Deal with all data provided thereto during the business thereof, whether by the Company, insurance applicant or insured with full caution and conservation. In addition, the Insurance Agent shall take the appropriate measures to maintain the confidentiality of the information and documents in his/its possession;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      7. Explain the basic conditions, exclusions, special conditions and restrictions of the insurance cover offered to the insurance applicant and ensure that the insurance applicant understood what he/she/it is about to be committed to;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      8. Provide assistance to the insured or insurance policy beneficiary in the settlement of claims with the Company, if necessary;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      9. Not to ask for or accept any commission or fee from the insurance applicant, insured, or beneficiary;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      10. Not to continue practicing the business as an Insurance Agent, if he/she becomes a chairman, board member, director general, director or an employee with an insurance Company;
                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                      11. Neither to illegitimately influence the insurance applicant to accept the insurance program proposed by the Insurance Agent, nor to refer the insurance applicant to another Company through the Insurance Agent authorized for that company for purposes of receiving commission, nor to request an insured to terminate the insurance contract with another company in order to accept insurance program offered by him/her/them to receive the commission.
                                                                                                                                                                                                                                                                      • Appeal

                                                                                                                                                                                                                                                                        • Article 17 Disciplinary Sanctions

                                                                                                                                                                                                                                                                          1. If an Surveyor and Loss Adjuster is found by the IA to have violated the provisions of the Law, these Regulations or any regulations, bylaws and resolutions issued pursuant to the Law, the Director General shall have the right to impose the following disciplinary sanctions:
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                            1. Serve a written warning to the Surveyor and loss Adjuster requiring such Surveyor and Adjuster to rectify his/her/its position according to the procedures and within the period determined by the Director General.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. Suspend the registration of the Surveyor and Loss Adjuster for a period that may not exceed six months. In case of recurrence, the suspension period shall be doubled.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                          2. If the Surveyor and Loss Adjuster fails to rectify his/her/its position as required in items (a.) and (b.) of the previous clause within the specified period, the Director General may cancel the registration of that Surveyor and Loss Adjuster and write off the name thereof from the records.
                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                          3. The disciplinary sanctions imposed by the Director General shall not prejudice the civil and penal liabilities prescribed in the Law and other relevant laws issued in the UAE.
                                                                                                                                                                                                                                                                          • Article (21)

                                                                                                                                                                                                                                                                            1. Actuaries registered with the Authority at the time these Regulations come into force shall regularize their positions thereunder within one year from the date these Regulations take effect, or otherwise, the registration of those who fail to regularize shall be deemed cancelled.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            2. Companies carrying out the business of property and liability insurance shall appoint or accredit an Actuary licensed and registered by the Authority, in accordance with the Financial Instructions issued by the Authority.
                                                                                                                                                                                                                                                                            • Article ( 17)

                                                                                                                                                                                                                                                                              Penalties under Article (16) of these Instructions may be appealed within (20) working days from the date of the decision notification. The appeal shall be submitted to the Board of Directors of the Authority to decide on it within (20) working days from the date of submission of the complete appeal application. The decision of the Board on the appeal shall be final.

                                                                                                                                                                                                                                                                            • Article (22)

                                                                                                                                                                                                                                                                              The Ministerial Resolution No. (22) of 1985 issued by the Ministry of Economy and (the amendments thereof) Concerning the Conditions and Procedures for Registration of Actuaries shall be repealed.

                                                                                                                                                                                                                                                                            • Article (23)

                                                                                                                                                                                                                                                                              The Authority shall collect the prescribed fees for the procedures and services it provides in accordance with the provisions of the Law, Regulations, Instructions or Decisions issued by the Authority.

                                                                                                                                                                                                                                                                            • Article (24)

                                                                                                                                                                                                                                                                              The Director General shall issue decisions and circulars as required for the implementation of these Regulations.

                                                                                                                                                                                                                                                                            • Article (25)

                                                                                                                                                                                                                                                                              These Regulations shall be published in the Official Gazette and shall come into force in the day following the date of publication thereof.

                                                                                                                                                                                                                                                                        • Article 18

                                                                                                                                                                                                                                                                          Each Service Provider, Beneficiary and Insurance Company shall provide the physician working in health insurance third party administration with all required information and shall place all necessary documents at his disposal in order to carry out his duties. The physician shall have access to hospitals and medical supervision offices and have access to medical files relating to a Beneficiary treated or subject to treatment therein, whenever necessary, to carry out the control function in coordination with the Medical Service Provider.

                                                                                                                                                                                                                                                                          • Article (18) Records of the Insurance Agency

                                                                                                                                                                                                                                                                            1. The Insurance Agent shall duly keep regular books and records and shall record the data and information and shall store the papers related to the business practiced by agency for the Company, as the case may be, including:
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                              1. Name and address of the Insurance Company for which the Insurance Agent practices the insurance business;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              2. A copy of the agency agreement signed between the Insurance Agent and the Company;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              3. The Insurance business practiced by agency for the Company;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              4. Memos and correspondence related to the agency business;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              5. Applications for insurance received by the Insurance Agent for the Company;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              6. Names of the insurance applicant, insured and the beneficiary of insurance, and the collected premiums;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              7. Insurance policies and endorsements concluded by agency for the Company;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              8. Paid compensations and outstanding claims;
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              9. Receipts and serial numbered documents related to receipt, disbursement, recording, settlements and other financial transactions related to the insurance agency business practiced by the Insurance Agent; and
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                              10. Bank accounts for the insurance agency business.
                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                            2. The Insurance Agent shall keep the records for a period of no less than five years from the date of their closure.
                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                            3. The Director General shall determine the records to be kept by the Insurance Agent, including records set forth in the instructions on regulating the records of insurance companies applicable pursuant to resolutions of the IA.
                                                                                                                                                                                                                                                                            • Final Provisions

                                                                                                                                                                                                                                                                              • Article 18 Suspension of the Practice

                                                                                                                                                                                                                                                                                1. Cases of suspending the Surveyor and Adjuster from practicing the business shall be as follows:
                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                  1. Upon an application submitted by the Surveyor and Adjuster to discontinue the business thereof using the form prepared by the IA for this purpose.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                  2. Dealing with an insurance company which is not registered in the Insurance Companies Register.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                  3. Assignment or leasing of any its branches licensed in the UAE.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                  4. Failure to renew the registration or license with the IA.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                  5. Violation of the Law, the Regulations or resolutions regulating the profession of Surveyors and Loss Adjusters.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                2. The Director General shall issue the decision of suspending an Surveyor and Loss Adjuster from practicing the Business and inform the competent authorities.
                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                3. The Surveyor and Adjuster may not practice the business during the period of suspension and shall remain accountable for liabilities that have been entailed thereon or the liabilities arising from the work thereof before the date of the suspension decision.
                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                4. The Surveyor and Loss Adjuster may apply for resumption of the practice in case he/she/it has rectified the position thereof during suspension period; otherwise, a procedure shall be taken to issue a decision to cancel the registration of the Surveyor and Loss Adjuster.
                                                                                                                                                                                                                                                                                • Article ( 18)

                                                                                                                                                                                                                                                                                  Companies marketing their insurance policies through Banks must rectify their status in accordance with these Instructions within a period of six months from the effective date of these Instructions.

                                                                                                                                                                                                                                                                                • Article (19)

                                                                                                                                                                                                                                                                                  The Director General shall issue the decisions and circulars required for the implementation of the provisions of these Instructions.

                                                                                                                                                                                                                                                                                • Article (20)

                                                                                                                                                                                                                                                                                  These Instructions shall be published in the Official Gazette and shall take effect in the day following the date of its publication.
                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                   

                                                                                                                                                                                                                                                                                  In case there is any inconsistency between this translation and the Arabic version of this decision, then the Arabic version shall prevail.

                                                                                                                                                                                                                                                                              • Article 19

                                                                                                                                                                                                                                                                                The Beneficiary shall agree to be subject to examination by the specialist doctor appointed by the accredited TPA, whenever required. The concerned company shall bear the expenses of such examination.

                                                                                                                                                                                                                                                                                • Article (19) Auditing the Records and Books of the Insurance Agent

                                                                                                                                                                                                                                                                                  1. The Director General may assign one employee or more of the IA or hire an external party to audit the insurance agency business. The Insurance Agent shall place all records, documents, entries and accounts of the agency at the disposal of the auditors, cooperate with them, and respond to their requests so that they can fully do their work.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                  2. The Insurance Agent shall incur the expenses determined by the Director General in case of hiring an external party for the audit.
                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                  3. The Insurance Agent must submit any data or information required by the Director General within the period specified for this purpose by the Director General.
                                                                                                                                                                                                                                                                                  • Chapter V Rights of the Insurance Brokers

                                                                                                                                                                                                                                                                                    • Article 19 Procedures for the Cancellation of the Registration

                                                                                                                                                                                                                                                                                      1. Procedures of surveyor and loss adjuster registration annulment in the Register shall be as follows:
                                                                                                                                                                                                                                                                                         
                                                                                                                                                                                                                                                                                        1. An announcement shall be published in two daily newspapers issued in the UAE, one in Arabic language and the other in English language. The announcement shall include the commencement of procedures of cancellation and an invitation to those objecting to the write-off or those affected persons thereby to submit their objections to the IA within a month as of the date of publication.
                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                        2. Upon the elapse of the one month period, a decision shall be taken on the objections; and in case of addressing such objections, the Director General shall issue the decision of cancellation. The Surveyor and Loss Adjuster shall be notified thereof under a confirmed registered letter and the Competent Authority shall also be notified e informed of the decision of cancellation.
                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                        3. The Surveyor and Loss Adjuster whose registration is cancelled may not apply for re-registration in the Register except after the elapse of three years as of the date of cancellation.
                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                      2. In case a decision is issued to suspend or cancel the registration of an Surveyor and Loss Adjuster, such Surveyor and Loss Adjuster shall continue the performance of tasks related to work assigned thereto before the issuance of the decision of suspension or cancellation for a period of no more than thirty days in order to complete such assignments or transfer them to another Surveyor(s) and Loss Adjuster(s), subject to the consent of the client who assigned the Surveyor and Loss Adjuster.
                                                                                                                                                                                                                                                                                      • Article 17

                                                                                                                                                                                                                                                                                        1. The Company may not directly communicate with the Client who authorized the Insurance Broker unless upon the Client’s written desire.
                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                        2. The Company may not offer different conditions and rates for the same insurance transaction to another Insurance Broker unless such another Insurance Broker provided different information influencing the Company’s decision regarding the insurance conditions and rates.
                                                                                                                                                                                                                                                                                    • Article 20

                                                                                                                                                                                                                                                                                      The Health Insurance Third Party Administrator shall be liable in the event one of its associates commits a fraud, forgery or abuse while performing his or her duties.

                                                                                                                                                                                                                                                                                      • Article (20) Disciplinary Penalties

                                                                                                                                                                                                                                                                                        1. In case the IA finds out that the Insurance Agent has violated the provisions of the Law, these Instructions, or any regulations issued pursuant to the Law, the Director General shall have the right to impose the following disciplinary penalties:
                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                          1. Serve the Insurance Agent with a written notice to rectify his/her/their situations in accordance with the procedures and within the period set forth in such notice;
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                          2. Suspend the Insurance Agent from practicing the business for a period of no more than six months; and in case or recurrence, the suspension period shall be doubled; or
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                          3. Cancel of the Insurance Agent’s registration in the Register.
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                        2. If the Insurance Agent fails to rectify the situations thereof in accordance with requirements of the provisions of items (a) and (b) of the preceding clause, the Director General may cancel the registration of the Insurance Agent in the Register.
                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                        3. Disciplinary penalties imposed by the Director General may not prejudice the civil and penal liabilities prescribed by the Law and other applicable laws in the UAE.
                                                                                                                                                                                                                                                                                        • Article 20 Final Provisions

                                                                                                                                                                                                                                                                                          1. Once these Regulations come into effect, each person practicing the work of surveying and loss adjustment must adjust his situations in accordance with to provisions of these Regulations within a period of no more than one year as of the effective date of this Resolution.
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                          2. The IA shall collect the prescribed fees for any procedures taken by the IA according to the provisions of the Law and regulations issued pursuant thereto.
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                          3. The provisions relating to damage Surveyors and Loss Adjusters issued under the Resolution of the Minister of Economy No. 21 of 1985 concerning the Conditions and Procedures for Registration in the Surveyors and Loss Adjusters Register shall be repealed. Any resolutions or instructions issued pursuant thereto shall also be repealed.
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                          4. The Director General shall issue the decisions necessary to enforce the provisions of these Regulations.
                                                                                                                                                                                                                                                                                          • Article 21

                                                                                                                                                                                                                                                                                            This Resolution shall be published in the Official Gazette and shall take effect as of the date of its publication.

                                                                                                                                                                                                                                                                                        • Article 21

                                                                                                                                                                                                                                                                                          1. The Health Insurance Third Party Administrator shall maintain proper records and books containing all matters related to its business and to the agreements concluded with the Insurance Company and the Medical Service Providers on behalf of the Insurance Company. Such records and books may be organized and maintained electronically. In all cases, they shall be kept for at least (5) years as of the date of the agreement expiry.
                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                          2. In case of terminating the agreement between the Insurance Company and the Health Insurance Third Party Administrator for any reason, the Latter shall provide the Insurance Company with all records and books mentioned in Clause (1) of this Article in accordance with the provisions of the agreement signed between them.
                                                                                                                                                                                                                                                                                          • Article (21) Final Provisions

                                                                                                                                                                                                                                                                                            1. Insurance Agents licensed to practice the agency business when these Instructions take effect must rectify their status in accordance with the provisions of these Instructions within a period of no more than one year for the effective date of these Instructions.
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            2. The IA shall collect the prescribed fees for any procedures taken by the IA in accordance with the provisions of the Law and regulations issued pursuant thereto.
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            3. The Director General shall issue the resolutions necessary to implement the provisions of this Resolution.
                                                                                                                                                                                                                                                                                          • Article 22

                                                                                                                                                                                                                                                                                            I. In the event of breach by the Health Insurance TPA Company of the provisions of the Law or regulations, instructions, resolutions or circulars issued thereunder, the Director General may impose any of the following sanctions:

                                                                                                                                                                                                                                                                                            1. Address a warning to the Health Insurance TPA Company and bind it to rectify the breach and take the necessary actions to prevent the breach recurrence in the future;
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            2. Suspend the Health Insurance TPA Company from practicing the activity for a period no longer than one year and notify the insurance companies accordingly;
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            3. Cancel the license of the Health Insurance TPA Company in any of the following cases:
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                              1. The Company ceased to satisfy any of the licensing conditions set forth in these Instructions;
                                                                                                                                                                                                                                                                                              2. Material breach of any duties or obligations;
                                                                                                                                                                                                                                                                                              3. The Company has failed to renew the license or to pay the annual license renewal fees or the prescribed delay fines;
                                                                                                                                                                                                                                                                                              4. A final court decision is held to declare the Health Insurance TPA Company bankrupt;
                                                                                                                                                                                                                                                                                              5. Wind-up and liquidation of the Health Insurance TPA Company;
                                                                                                                                                                                                                                                                                              6. The Company has failed to practice the activity within six months from the date of granting the license thereto or renewal thereof;
                                                                                                                                                                                                                                                                                              7. The Company has failed to practice the activity after the end of a temporary suspension;
                                                                                                                                                                                                                                                                                              8. If it is found that the license was granted on basis of incorrect information, data or documents, or on basis of an undertaking that was not honored as decided by the IA.

                                                                                                                                                                                                                                                                                            II. Cancellation of the license shall result the following:

                                                                                                                                                                                                                                                                                            1. Publication of the decision to cancel the license of the Health Insurance TPA Company and its deregistration from the Register for Health Insurance Third Party Administrators as soon as such decision is issued, in two widely circulated local daily newspapers published in the State, one in Arabic language, at the expense of the Health Insurance TPA Company. The IA may settle such expenses from the letter of guaranty of the Health Insurance TPA Company;
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            2. Recover the letter of guaranty and terminate the Professional Indemnity Insurance Policy after the elapse of (3) months from the date of publication subject to the IA approval thereon and after settling all transactions of the Health Insurance TPA Company and ensuring that there are no obligations towards the IA, medical service providers, insurance companies, or any of the beneficiaries arising from practicing the profession;
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            3. Suspend any new contracts of the Company relating to health insurance claim business;
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            4. The Company may not submit a new application for license before the elapse of (3) years from the date of issuing the license cancelation decision. In the event of cancelling its license, the Health Insurance TPA Company shall provide the insurance company with all the records provided for in these Instructions in order maintain them in accordance with these Instructions;
                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                            5. The Director General shall notify all medical entities and insurance companies of all decisions to suspend or cancel the licenses of TPA Companies.
                                                                                                                                                                                                                                                                                            • Article (22)

                                                                                                                                                                                                                                                                                              This Resolution shall be published in the Official Gazette and shall take effect as of the date of its publication.

                                                                                                                                                                                                                                                                                              • Chapter VI Branches of the Insurance Brokers

                                                                                                                                                                                                                                                                                                • Article 18

                                                                                                                                                                                                                                                                                                  1. The Insurance Broker may not open branches thereof in the UAE unless after obtaining
                                                                                                                                                                                                                                                                                                    the IA approval for each individual branch according to the following conditions:
                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                    1. A decision is taken by the board of directors or management board of theInsurance Broker to open a branch thereof.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    2. The appointment of an officer in charge of the branch who must satisfy the
                                                                                                                                                                                                                                                                                                      conditions stipulated in the rules issued by the Director. The branch officer shall
                                                                                                                                                                                                                                                                                                      submit an acknowledgment that he/she is fully responsible for of the actualmanagement of the branch.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    3. The new branch shall operate under the direct supervision of the General Director
                                                                                                                                                                                                                                                                                                      or Chief Executive Officer in the headquarters of the Insurance Broker.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    4. Provide the title deed of the branch premises or the lease thereof approved by the
                                                                                                                                                                                                                                                                                                      competent authorities;
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    5. Submit a statement showing the technical equipment available in the branch, as
                                                                                                                                                                                                                                                                                                      well as a list of the names of the branch employees and their job titles.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    6. A minimum period of two years has elapsed since the Insurance Broker waslicensed during which the Insurance Broker must have actually practiced the
                                                                                                                                                                                                                                                                                                      activity and have not been subject to any administrative fines or penalties.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    7. Obtain the approval of the competent authority in the relevant Emirate.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    8. The volume of premiums achieved by the Insurance Broker during the fiscal year preceding the application for approval must be at least AED 3,000,000.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                  2. The legal representative of the Insurance Broker shall apply for branch opening using the form designated for this purpose enclosing the supporting information, data and documents, as well as a proof of full payment of the prescribed fees. The IA shall issue its decision approving or rejecting the opening the branch within (20) working days as from the date of submitting the complete application to the IA. The branch registration shall be renewed under an application to be submitted to the IA after ensuring that the Insurance Broker has continued comply with the provisions of these Regulations and full payment of the prescribed annual renewal fees.
                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                  3. All the provisions stipulated herein shall apply to the activity of the branch.
                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                  4. The Insurance Broker may request the closure of a branch, and the IA shall issue its decision approving the closure of the branch within 20 working days as from the date of submitting the complete application to the IA.
                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                  5. Without prejudice to the penalties stipulated herein, the IA may cancel the approval issued for the branch in case the branch lost any of the conditions whereupon the approval decision was issued, or in case the branch has violated any provisions of the Law, regulations, instructions, resolutions and circulars issued in implementation thereof.
                                                                                                                                                                                                                                                                                              • Article 23

                                                                                                                                                                                                                                                                                                In the event the Board’s decision is issued to cancel the license a Health Insurance Third Party Administrator, such TPA shall perform its obligations by itself or transfer them to another TPA, subject to the prior consent of the Insurance Company, within a period of no more than three months from the date of license cancellation.

                                                                                                                                                                                                                                                                                              • Article 24

                                                                                                                                                                                                                                                                                                The Director General may assign one or more IA employees or appoint an external party to audit any transaction, record or document of the Health Insurance Third Party Administrator. Such TPA shall place any of the above at their disposal and cooperate to fully enable them to carry out their work. The TPA shall bear all the fees determined by the Director General for such external party.

                                                                                                                                                                                                                                                                                              • Article 25

                                                                                                                                                                                                                                                                                                The Insurance Company and the Health Insurance Third Party Administrator shall jointly perform the obligations shouldered by the Insurance Company towards third parties arising through the Health Insurance Third Party Administrator under the agreement concluded between the two parties.

                                                                                                                                                                                                                                                                                              • Article 26

                                                                                                                                                                                                                                                                                                Fees for registration in the special Register for Health Insurance Third Party Administrators in the IA shall be determined by a Cabinet resolution.

                                                                                                                                                                                                                                                                                                Article (26 repealed)

                                                                                                                                                                                                                                                                                                A decision to reject the licensing, registration or opening of a branch, or a cancellation and deregistration decision may be appealed within (20) business days from date of notification thereof. Such appeal shall be submitted to the IA Board of Directors, complete with the documents supporting the appeal, to consider the matter. The decision of the Board of Directors on the appeal shall be final.

                                                                                                                                                                                                                                                                                                • Chapter VII Merger and Settlement of Disputes

                                                                                                                                                                                                                                                                                                  • Chapter VIII Supervision and Penalties

                                                                                                                                                                                                                                                                                                    • Merger of Insurance Brokers

                                                                                                                                                                                                                                                                                                      • Supervision and Inspection

                                                                                                                                                                                                                                                                                                        • Article 19

                                                                                                                                                                                                                                                                                                          Subject to merger provisions stipulated in the Commercial Companies Law, the following provisions shall apply in case of the merger of Insurance Brokers licensed to operate in the UAE:
                                                                                                                                                                                                                                                                                                           

                                                                                                                                                                                                                                                                                                          1. The merger of Insurance Brokers shall be by annexation or combination. The merger decision may only be implemented after obtaining the approval of the IA and the competent authority as stipulated in the Commercial Companies Law according to the form resulted from the merger.
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                          2. If the merger between two or more Insurance Brokers by annexation, an application must be submitted to the IA supported by the following documents:
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                            1. Approved resolution from the boards of directors or management boards of both the merging and the merged Insurance Brokers, confirming their desire to merge.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            2. A copy of the merger contract.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            3. A statement signed by the internal auditor and external auditor of the Insurance Broker stating the obligations of each Insurance Broker and the right of its Clients.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            4. The financial statements of each Insurance Broker duly audited to nearest date to submitting the application.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            5. Evaluation of the net assets of the merged Insurance Broker in accordance with the provisions of evaluation of in-kind shares as provided for in the Commercial Companies Law.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            6. Undertaking by the merging Insurance Broker to increase its capital once the merger is approved according to the result of the evaluation of the merged Insurance Broker.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            7. Undertaking by each party to the merger to commit to all the rights of the clients, beneficiaries and companies as well as the outstanding obligations of the merged Insurance Broker in accordance with the final report.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                          3. In case the merger between two or more Insurance Brokers by combination, the insurance brokers applying for the merger shall comply with all obligations and procedures set forth in clauses (2) and (7) of this article, provided that each of the merging Insurance Broker shall issue a resolution to dissolve itself. The new Insurance Broker shall be incorporated under the provisions of the Commercial Companies Law. Its capital shall be the net evaluation results of the merging insurance brokers and all obligations and rights as per the final report submitted to the IA immediately before the merger shall be transferred to the new Insurance Broker.
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                          4. Any party with interest may object to the merger process within three months from the date of its publication in the Commercial Register. Such objection shall be submitted to both competent authority and the IA stating the reasons thereof and including all data and rights owed by the Insurance Broker. The merger may only be approved after the objection has ended, whether amicably or by court judgment.
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                          5. The merged and merging Insurance Brokers shall be inspected to verify all data, information, obligations and rights related to any of them, and a report thereon shall be prepared.
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                          6. The complete merger application including all documents and conditions shall be forwarded to the Board to take a decision thereon.
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                          7. The merged Insurance Broker shall comply with the following:
                                                                                                                                                                                                                                                                                                             
                                                                                                                                                                                                                                                                                                            1. Implementation of the merger resolution and the issuance of a resolution to dissolve the Insurance Broker within three months after the date of publication in the Commercial Register, provided that the actual date of Insurance Broker’s dissolution and merger shall be published in two widely distributed daily newspapers, at least one of them in Arabic language.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            2. The merged Insurance Broker may not dispose of any of its assets after their evaluation by the committee formed for this purpose. In case of disposal of any assets due to an urgent cause, the Insurance Broker shall notify the IA of such disposal immediately as occurred.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            3. To notify the IA of any changes occurring to their financial status, and to submit a statement showing the rights and obligations of companies, clients and beneficiaries towards them, duly audited as of the date of application until the day preceding the actual dissolution of the Insurance Broker and implementation of the merger resolution. Such statement must be signed by the Insurance Broker’s board of directors or management board and its auditor.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                          8. Both the merged and merging Insurance Brokers shall continue practicing their activities
                                                                                                                                                                                                                                                                                                            normally until the decisions of the IA and the competent authority are issued approving
                                                                                                                                                                                                                                                                                                            the merger.
                                                                                                                                                                                                                                                                                                          • Article 21

                                                                                                                                                                                                                                                                                                            1. The IA shall conduct regular and surprise inspection and control visits without prior notice to Insurance Brokers in order to ensure their compliance with the Law, regulations, instructions, resolutions, rules or circulars issued by the IA, and to investigate any violations revealed by such inspections or contained in the complaints received by the IA.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            2. The IA may request all information and documents – as it deems necessary for the purposes of controlling and investigating on the Insurance Broker or any of their staff, the companies, clients and beneficiaries.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            3. The Insurance Broker shall place all brokerage records, documents and entries at the disposal of the IA and its employees; and shall cooperate with them and respond to their requests to fully perform their work.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            4. The Insurance Broker shall provide any data or information requested by the IA within period specified by the IA.
                                                                                                                                                                                                                                                                                                      • Dispute Resolution

                                                                                                                                                                                                                                                                                                        • Penalties

                                                                                                                                                                                                                                                                                                          • Article 20

                                                                                                                                                                                                                                                                                                            The companies, clients, beneficiaries and Insurance Brokers may submit complaints to the IA to take the appropriate decisions thereon pursuant to the applicable procedures of the IA.

                                                                                                                                                                                                                                                                                                            • Article 22

                                                                                                                                                                                                                                                                                                              1. In case of a breach by the Insurance Broker of the Law, regulations, instructions, resolutions or circulars issued thereunder, the IA may sanction any of the following penalties:
                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                                                                1. Serve a warning to the Insurance Broker and compel them to remove the breach
                                                                                                                                                                                                                                                                                                                  causes and take the necessary actions to prevent recurrence it in the future.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                2. Suspend the Insurance Broker from practicing the activity for maximum period of
                                                                                                                                                                                                                                                                                                                  one year.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                              2. The IA may cancel the Insurance Broker’s license in any of the following cases:
                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                                                                1. Losing any of the license conditions stipulated herein.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                2. Gross breach of any of the duties and obligations.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                3. Failure to renew the license, or to pay the annual renewal fees or prescribed delay
                                                                                                                                                                                                                                                                                                                  fines.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                4. Issuance of a final court judgment declaring the Insurance Broker bankrupt.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                5. The dissolution and liquidation of the Insurance Broker.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                6. If the Insurance Broker fails practice the licensed activity within 6 months from
                                                                                                                                                                                                                                                                                                                  the date of granting the license.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                7. If the Insurance Broker fails practice the activity after a suspension period.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                8. If it is found out that the license was granted on the basis of invalid information or data, or based on an undertaking that has not been implemented as determined by the IA.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                              3. The cancelation of the license shall entail the following:
                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                                                                1. Publishing the decision to cancel the Insurance Broker’s license and write off its
                                                                                                                                                                                                                                                                                                                  name from the Insurance Brokers Register as soon as the decision is published in
                                                                                                                                                                                                                                                                                                                  two widely distributed daily newspapers in the UAE, one of them in Arabic
                                                                                                                                                                                                                                                                                                                  language, at the Insurance Broker’s own expense. The IA may pay such expenses
                                                                                                                                                                                                                                                                                                                  from the Insurance Broker’s Letter of Guarantee.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                2. Recover the Letter of Guarantee and terminate the professional indemnity
                                                                                                                                                                                                                                                                                                                  insurance policy after 3 months from the publication date once the IA approved
                                                                                                                                                                                                                                                                                                                  the same; and after the settlement of all transactions of the Insurance Broker and
                                                                                                                                                                                                                                                                                                                  ensuring there are no obligations towards the IA, clients, companies or any
                                                                                                                                                                                                                                                                                                                  beneficiaries arising from practicing the Insurance Brokerage business.
                                                                                                                                                                                                                                                                                                                   
                                                                                                                                                                                                                                                                                                                3. No application for license may be submitted before the lapse of (3) years from the
                                                                                                                                                                                                                                                                                                                  date of issuing the license cancelation decision.
                                                                                                                                                                                                                                                                                                            • Article 23

                                                                                                                                                                                                                                                                                                              In case the Insurance Broker's employees violate the Law, regulations, instructions, resolutions or circulars issued thereunder, the IA may impose the following penalties:

                                                                                                                                                                                                                                                                                                              1. Warning;
                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                                                              2. Suspension from practicing the activity for a maximum period of two months;
                                                                                                                                                                                                                                                                                                                 
                                                                                                                                                                                                                                                                                                              3. Cancellation of the accreditation in case of excessive breach of the Law, regulations, instructions, resolutions or circulars issued by the IA.
                                                                                                                                                                                                                                                                                                            • Article 24

                                                                                                                                                                                                                                                                                                              Imposing any of the above stipulated penalties shall not prejudice the civil or criminal liability of the Insurance Broker or any of its employees for the committed violations.

                                                                                                                                                                                                                                                                                                        • Grievance

                                                                                                                                                                                                                                                                                                          • Article 25

                                                                                                                                                                                                                                                                                                            A decision rejecting an application for license, registration, cancelation or write-off may be appealed within (20) working days from being notified of the relevant decision. The appeal shall be submitted to the IA Board of Directors to decide thereon within (20) working days from the date of submission of the complete appeal. The Board’s decision on the grievance shall be final.

                                                                                                                                                                                                                                                                                                        • Final Provisions

                                                                                                                                                                                                                                                                                                          • Article 26

                                                                                                                                                                                                                                                                                                            1. Whoever practices the insurance brokerage business must rectify their status in accordance with these Regulations within a maximum period of one year from the date it takes effect.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            2. The IA shall collect the prescribed fees for any procedures or services provided by the IA according to the provisions of the Law, regulations or resolutions issued thereunder.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            3. Without prejudice to the procedures stipulated in the Commercial Companies Law, in case of a voluntary or mandatory liquidation of an Insurance Broker, such liquidation shall be under the supervision of the IA.
                                                                                                                                                                                                                                                                                                               
                                                                                                                                                                                                                                                                                                            4. It is prohibited to deal with any person practicing insurance brokerage business without a license from the IA pursuant to the provisions of these Regulations.
                                                                                                                                                                                                                                                                                                          • Article 27

                                                                                                                                                                                                                                                                                                            The Director General shall issue the resolutions, circulars and instructions required for the implementation of these Regulations.

                                                                                                                                                                                                                                                                                                          • Article 28

                                                                                                                                                                                                                                                                                                            The Ministry of Economy Resolution No. 543 of 2006 concerning the Regulation of the Profession of Insurance Brokers shall be revoked.

                                                                                                                                                                                                                                                                                                          • Article 29

                                                                                                                                                                                                                                                                                                            These Regulations shall be published in the Official Gazette, and shall come into effect on the following day to its publication.
                                                                                                                                                                                                                                                                                                             

                                                                                                                                                                                                                                                                                                  • Article 27

                                                                                                                                                                                                                                                                                                    1. The Health Insurance TPA Company must regularize its conditions within a period no longer than three months from the next day following the date of publication.
                                                                                                                                                                                                                                                                                                       
                                                                                                                                                                                                                                                                                                    2. Without prejudice to the procedures provided for in the Commercial Companies Law, in case of voluntary liquidation of a Health Insurance TPA Company, such liquidation must be made under the supervision of the IA. However, mandatory liquidation shall be made under the supervision of the courts.
                                                                                                                                                                                                                                                                                                  • Article 28

                                                                                                                                                                                                                                                                                                    The Board shall authorize the Director General with the authorities to issue the necessary decisions and circulars to implement the provisions of these Instructions or to address any developments with respect to implementing these Instructions, including:

                                                                                                                                                                                                                                                                                                    1. The Training and Emiratization Plan for the UAE Citizens;
                                                                                                                                                                                                                                                                                                    2. Annual reports, annual financial statements and interim financial statements;
                                                                                                                                                                                                                                                                                                    3. Regulation of the procedures to open branches, suspension, temporary suspension and license cancellation of a company and the condition that should be satisfied in such cases;
                                                                                                                                                                                                                                                                                                    4. Data, information and documents that must be enclosed with the license application;
                                                                                                                                                                                                                                                                                                  • Article 29

                                                                                                                                                                                                                                                                                                    These Instructions shall be published in the Official Gazette, and shall take effect six months after the date of publication.

                                        • Cabinet Resolution No. 13 of 2013 Concerning Prescribed Fees on Third Party Health Insurance Administrator

                                          Effective from 12/5/2013

                                          The Cabinet,

                                          Having perused,

                                          1. - The Constitution,
                                             
                                          2. - The Federal Law No. 1 of 1972 concerning the Functions of Ministries and Powers of Ministries, and the amending laws thereof;
                                             
                                          3. - The Federal Law No. 8 of 1984 concerning Commercial Companies, and the amending laws thereof;
                                             
                                          4. - The Federal Law No. 6 of 2007 on the Establishment of the Insurance Authority and the Regulation of Insurance Business , and the amending laws thereof,
                                             
                                          5. - The Cabinet Resolution No. 23 of 2009 concerning Fees for Supervision, Control and Insurance Transactions, and
                                             
                                          6. - Based on the recommendation of the Minister of Finance and Approval of the Cabinet,

                                          Has decided:

                                          • Administrative Decision No. (122) of 2018 Concerning the Conditions that must be Fulfilled in the Designated Officer in Accordance with the Insurance Authority Board of Directors' Decision No (13) of 2018 on the Instructions Concerning Marketing Insurance

                                            Effective from 29/11/2018

                                            The Director General of the Insurance Authority;

                                            Having Pursued:

                                            - The Federal Law No. (6) of 2007, concerning the Establishment of the Insurance Authority and Organization of Insurance Operations, the amendments thereof and its Executive Regulation;
                                            - The Federal Decree-Law No. (14) of 2018 Concerning the Central Bank & Organization of Financial Institutions and Activities;
                                            - The Insurance Authority Board of Directors' Decision No. (13) of 2018 on the Instructions Concerning Marketing Insurance Policies through Banks,

                                            Has decided;

                                            • The Work Guide of the Internal Controller at Insurance Brokerage Companies

                                              • Decision No (58) of 2013 Concerning the Implementation of Insurance Authority Board of Directors Resolution No. 15 of 2013 Concerning Insurance Brokerage Regulations

                                                IA-BOD-RES 58/2013 Effective from 8/12/2013

                                                The Director General of the Insurance Authority,

                                                Having perused:

                                                ‐ The Federal Law No.1 of 2002 concerning the Criminalization of Money Laundering;

                                                ‐ The Federal Law No.6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business;

                                                ‐ The Insurance Authority Board of Directors Resolution No. 2 of 2009 issuing the Implementing Regulations of the Federal Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the regulation of Insurance Business; and

                                                ‐ The Insurance Authority Board of Directors Resolution No.15 of 2013 concerning Insurance Brokerage Regulations,

                                                Has decided the following:

                                                • Article (1)

                                                  In the application of the provisions of this Resolution, The following words and expressions shall have the meanings ascribed thereto hereunder, unless the context otherwise requires:

                                                  The State/UAE
                                                   
                                                  United Arab Emirates
                                                   
                                                  IA/ Authority
                                                   
                                                  The Insurance Authority established under the provisions of the Federal Law No. 6 of 2007 on the Establishment of the Insurance Authority and the Regulation of Insurance Business, and the amendments thereof
                                                   
                                                  Company
                                                   
                                                  A third party health insurance administrator licensed by the IA to practice the administration of health insurance claims
                                                   
                                                  The Register
                                                   
                                                  The register of Third Party Health Insurance Administrators at the IA.
                                                   
                                                  • Article (1)

                                                    When appointing the Designated Officer, following minimum conditions must be fulfilled:
                                                     

                                                    First: To complete thirty accredited training hours at one of insurance companies and providing IA with the proof of completing the training.
                                                    Second: To submit certificates of participation in three training courses as set forth in Para (1 or 2) as follows:
                                                    A training Course in any of the programs stated below:

                                                    • Introduction to Insurance
                                                    • Insurance Customer Service.
                                                    • Bancassurance.

                                                    Three different training courses in any of the approved courses in “Maharati” initiative offered by IA or its equivalent. The success requirements must be satisfied the within two years from the date of enrolling in the above mentioned training courses.
                                                    The Insurance Authority shall be provided with the content of the training courses.
                                                    Third: To undergo a continuous training plan provided by the company with respect to the new products that the officer will market.
                                                    Forth: To provide a proof of attending at least fifteen hours of seminars or conferences or workshops in insurance during the past year.

                                                    • Firstly: The Introduction

                                                      The procedures and processes of internal control have evolved from traditional methods to modern methods that are emanating from international professional associations that have established international standards for compliance processes in terms of planning and implementing internal control activities. The internal auditor's efforts are focused on the most critical and important areas of the company. Insurance brokerage is one of the most required companies to implement internal control and auditing procedures for the purpose of providing effective services and results based on a strong qualitative service delivery system, Also, seeking effective ways to ensure sound decision, minimize manipulation, embezzlement, fraud and all the risks encountered by insurance brokers.

                                                      The job of the Internal Controller in the insurance companies and insurance brokers is one of the new jobs being created. The job description of the Internal Controller can be summarized as following:

                                                      •To carry out internal control functions as an organized and systematic activity that is objective and aims at adding a participatory value in achieving the objectives of the institution.
                                                      •The Internal Controller must be fully independent in the institutional organization in order to be able to carry out the tasks entrusted to him.
                                                      •The Internal Controller provides assurance regarding the assessment and effectiveness of risk management, internal control systems of the company, governance and compliance with policies and regulations.

                                                      Thus, the internal auditor's task can be summed up by making sure that the insurance broker's bushiness and procedures taken in certain fields of insurance activity are consistent with the provisions of the laws issued in the State in general and with the laws, regulations, instructions and decisions issued by the Insurance Authority in particular. He is also responsible for providing information, data and documents required by the Insurance Regulatory Authority in respect of those particular fields.

                                                      The Authority affirms that it is the responsibility of the senior management to take all necessary measures to ensure the continuity of the internal auditor's work, especially in terms of providing information and data and facilitating the work of the internal auditor, and emphasizes the need for the Internal Controller to prove in his work a high degree of professionalism and objectivity. So that the Internal Controller would be disentangled from any interests that would affect his judgments and make it biased.

                                                      • Article 1

                                                        The approved special forms for practicing of the Insurance Brokerage activity in the UAE shall be as follow:

                                                        1. Insurance Broker License Application Form.

                                                        2. Insurance Broker License Renewal Application Form.

                                                        3. Insurance Broker Branch Registration Renewal Application Form.

                                                        4. Registration Data Amendment Annotation Application Form.

                                                        5. Insurance Broker Employee Accreditation Application Form.

                                                        6. Application Form to Add a New Insurance Type / Class to the Broker License.

                                                        7. Insurance Broker Branch Opening Application Form.

                                                        8. Bank Letter of Guarantee Form.

                                                        9. Written Undertaking Application Form.

                                                      • Article (2)

                                                        The following fees shall be collected for the services provided to Third Party Health Insurance Administrators:

                                                        Serial No.Service DescriptionFees in AED
                                                        1Examination of a company license application1,000
                                                        2Registration of a company in the Register7,000
                                                        3Renewal of a company registration in the Register4,000
                                                        4Registration of a company branch in the Register2,000
                                                        5Renewal of a company branch registration in the Register1,000
                                                        6Annotation of data amendment in the Register500
                                                        7Grievance against rejecting an application for license or registration in the Register2,000
                                                        8An official extract of data registered in the Register100
                                                        • Article (2)

                                                          All concerned entities shall implement this decision in their respective areas and the decision shall take effect as from the issuance date.

                                                          • Secondly: The Basic Principles of Practicing the Profession of an Internal Auditor:

                                                            Continuity: the Internal control activities should be consistent and sustainable in terms of carrying out their tasks and duties. For this purpose, senior management is responsible for taking all necessary measures to ensure the continuity of the internal auditor's work, especially in providing information and data and facilitating the work of the internal auditor.
                                                            •Independence: The independence of the Internal Controller requires that his organizational subordination should be to the highest level of executive management and has direct communication with this level. It is also necessary for the independence of the internal auditor, not to be the decision maker in setting policies and procedures (it is possible to contribute to the company's team) or perform another executive work in the company.
                                                            •Integrity: The Internal Controller must be free from the intellectual subordination of the Management, make high professional care in carrying out all the internal control work, and the Internal Controller should act in the interest of the institution, not in contradiction with the ethical values of the profession.
                                                            •Objectivity: The Internal Controller must demonstrate in his work a high degree of professionalism and objectivity so that the Internal Controller is disentangled from any interests that would affect his judgments and make it biased.

                                                            • Article 2

                                                              For the Insurance Authority to accredit the incumbent of one of the following positions with the insurance broker, it is required that he must meet the conditions set forth against each position as follows:

                                                              I. The following qualifications and experience must be met:

                                                              1. Director General or CEO:
                                                                 
                                                                1. Hold a university degree or equivalent, or the ACII certificate accredited by the Chartered Insurance Institute of London, or a certificate accredited by a similar professional institute.
                                                                   
                                                                2. Have successfully passed (3) training courses in insurance or insurance brokerage.
                                                                   
                                                                3. Have a minimum practical experience of 10 years in insurance/ insurance brokerage, and no less than 5 years if he holds a higher academic qualification. The experience requirement for a UAE national shall be a minimum of 5 years’ experience and 2 years’ experience if he holds a higher academic qualification.
                                                                   
                                                              2. Operations Manager
                                                                 
                                                                1. Hold a university degree or equivalent in financial sciences, accounting, management sciences, banking or law, as a minimum.
                                                                   
                                                                2. Have a minimum practical experience of 6 years in insurance/ insurance brokerage, and no less than 3 years if he holds a higher academic qualification. The experience requirement for a UAE national shall be a minimum of 2 years’ experience, and 2 one year experience if he holds a higher academic qualification.
                                                                   
                                                              3. Internal Controller
                                                                 
                                                                1. Hold a university degree or equivalent in a financial, accounting or law field as a minimum, or an accredited professional financial certificate approved by the Insurance Authority.
                                                                   
                                                                2. Have practical experience in internal or external audit, and had previously taken part in the audit of insurance companies or brokerage business in no less than 3 years, or 2 years if he holds a higher educational qualification or if he is a UAE national.
                                                                   
                                                              4. Professional Employees

                                                                The broker must have at least one specialized professional for each licensed insurance type / class. Each such professional must meet the following requirements:
                                                                 
                                                                1. Hold an accredited university degree.
                                                                   
                                                                2. Have a minimum practical experience of 5 years in the field of the licensed type or class of insurance/insurance brokerage. The experience requirement for a UAE national shall be a minimum of 3 years’ experience in the said fields.

                                                                   
                                                              5. Branch Officer
                                                                 
                                                                1. Hold a university degree or equivalent, or the ACII certificate accredited by the Chartered Insurance Institute of London, or a certificate accredited by a similar professional institute.
                                                                   
                                                                2. Have a minimum practical experience of 7 years in insurance/ insurance brokerage, and no less than 3 years if he holds a higher academic qualification. The experience requirement for a UAE national shall be a minimum of 4 years’ experience or 2 years’ experience if he holds a higher academic qualification.
                                                              1. II. Academic degrees must be accredited as equivalents by UAE Ministry of Higher Education and Scientific Research.
                                                                 
                                                              2. III. Candidates must pass the examinations prescribed by the Insurance Authority.
                                                                 
                                                              3. IV. No candidate should have been dismissed from any entity for disciplinary reasons.
                                                                 
                                                              4. V. Each candidate must be practice the profession on full time basis.
                                                                 
                                                              5. VI. The accreditation application must be submitted on the form prepared for this purpose and must enclose all documents, data and information supporting the application. Any other documents, data or requirements requested by the Insurance Authority must be provided.
                                                                 
                                                              6. VII. Restrictions on practicing the approved functions:
                                                                 
                                                                1. It is impermissible to start practicing any functions described above prior to the accreditation by the Insurance Authority.
                                                                   
                                                                2. It is impermissible to combine two approved jobs at the same time.
                                                                   
                                                                3. The internal controller may perform the duties of internal auditor for the company in addition to his prescribed duties after obtaining the Insurance Authority’s approval.
                                                            • Article (3)

                                                              Administrative violations of and fines on third party health Insurance Administrators shall be determined according to the following table:

                                                              Serial No.Violation DescriptionAmount of Fine in AED
                                                              1Delay in the renewal of company registration in the Register for each month of delay subject to a maximum of AED 3,000 for each year of delay, with any part of a month calculated as a full month.300
                                                              2Delay in the renewal of company branch registration in the Register for each month of delay subject to a maximum of AED 1,000 for each year of delay, with any part of a month calculated as a full month.100
                                                              3Delay in the Annotation of data amendment in the Register for each month of delay subject to a maximum of AED 1,000 for each year of delay, with any part of a month calculated as a full month.100
                                                              • Thirdly: Audit and Compliance Procedures:

                                                                •The internal control program is the work plan of the Internal Controller to review the registers and books and the data contained therein and review it to implement the written policies and procedures and to be in conformity with the laws, regulations and instructions issued by the regulatory authorities. This plan also contains the objectives to be achieved and the steps to be taken in order to achieve these objectives, the specified time to finish each step, and the person responsible for the implementation. The program achieves several objectives as a control and planning tool by which the auditor can track the monitoring process and the number of hours spent in each process. It is important to take into consideration in designing the internal audit program the following:

                                                                • The efficiency of the internal control system in the insurance brokerage company and based on the degree of efficiency, the scope of the internal audit, control and control process is determined.
                                                                • Objectives to be achieved because internal audit is a means, not a goal, hence, the program must enable the achievement of those objectives.
                                                                • Use the means of review and control that enable the auditor to obtain strong evidence in their validity. "To follow the audit methods that are appropriate to the
                                                                  circumstances of each case, each facility has its own circumstances against which
                                                                  the Internal Controller prepares the appropriate observer program.
                                                                • Types of audit programs:
                                                                • "It is not possible to develop a unified program for auditing and inspection of all types to be applied to different or even similar establishments because of the different circumstances of each brokerage company that distinguish them from others." In general, there are two types of audit programs:

                                                                1. Periodic and fixed or pre-determined audit programs.
                                                                2. Emergency inspection programs arising from the occurrence of any kind of problems that affect the performance of the company and are in clear violation of regulations and instructions or policies and procedures.

                                                                • Article 3

                                                                  Any letter of guarantee should be issued by one of the banks operating in the UAE in favor of the Insurance Authority using the approved form, and must be unconditional or restricted, payable at any time upon request by the Insurance Authority, irrevocable unless under a written consent by the Insurance Authority and automatically renewable annually.

                                                                • Article (4)

                                                                  The fees set forth in this Resolution shall be collected in the manner decided by the Ministry of Finance in this regard.

                                                                  • Fourthly: The Elements of Work of the Internal Control and Compliance

                                                                    •The internal control job provides services to both the company's management and its board of directors. They are responsible for providing the Internal Controller with all the information that helps him to evaluate and adapt the internal control system and its effectiveness. It is the company's management responsibly to enable the Internal Controller to submit periodic reports to the Insurance Authority. The Inspection and control process is divided into several key elements according to their sequence and importance based on the following:
                                                                    A. Obtaining a general knowledge about the institution and the auditor needs technical and legal indicators about the company he intends to audit.
                                                                    B. Inspection and evaluation of the internal control system and internal tests of the internal control on operations (policy compliance tests) .The Internal Controller uses the practical and statistical methods of determining the sample size of the situation due to its huge quantity. In this context, the Internal Controller must act in accordance with the written procedures used in the institution in order to evaluate if the internal control system is comprehensive and reliable or not. The most important step taken by the auditor is to study the internal control system .In the light of this study, subsequent steps are determined and the size of the tests is determined.
                                                                    C. Examine processes and procedures and submit reports on the extent of their compliance with the regulations, instructions and circulars issued by the Insurance Authority and work on sending a copy of the Internal Control reports through the company's management, provided that they are signed by the Authority's management and the internal auditor.
                                                                    D. Ensuring that the internal control system of the company is effective at its minimum. In this context, it ensures that no mistakes or acts of fraud are committed, and then moves on to processes that are difficult for the internal control system to detect, review its analysis by comparing and studying their evolution from one cycle to the next.
                                                                    E. Preparation of the audit report. In order for the Internal Controller to achieve success in his duties, he must be at the best level of professional and personal relations with all employees of the insurance brokerage company in which he works so as to create the best atmosphere for effective cooperation between him and the departments and sections of the company. Without such cooperation, the task of the Internal Controller would be difficult.

                                                                    • Article 4

                                                                      The insurance broker shall maintain the required solvency to practice his/its activity, and shall ensure the continuous performance of his/its obligations in accordance with the following rules:

                                                                      1. The broker shall maintain the solvency required to pay all his/its liabilities once due without resulting in his/its default or in compromising his/its financial position.
                                                                         
                                                                      2. In all instances, the value of the broker’s existing assets must be in excess of his/its liabilities in order to enable him/it to continue the practice of his/its activity and ensure the continuous performance of his/its liabilities.
                                                                         
                                                                      3. The excess in the value of the broker’s existing assets over his/its liabilities shall represent his/its available capital.
                                                                         
                                                                      4. At all times, the broker’s available capital may not be less than his minimum capital prescribed in the Regulations.
                                                                         
                                                                      5. The broker shall report to the Insurance Authority immediately upon the occurrence of any failure to maintain the minimum capital and will be given a grace period of 15 days to submit a detailed plan to fulfill the minimum required capital. In case of failure to fulfill the minimum required capital within 30 days after the plan submission date to the Insurance Authority, the Insurance Authority may temporarily suspend the broker’s business.
                                                                         
                                                                      6. The broker shall ensure that his/its annual and interim financial reports include a clear description for all necessary data and information related to his/its solvency, as well as his/its strategy, systems and goals in managing risks associated with his/its financial position (including a detailed breakdown of receivable and payable aging and balances, as well as revenues from premiums and commission for each company).
                                                                         
                                                                      7. The broker shall provide the Insurance Authority with the risk general management framework statement, which shall include the internal procedures to assess his/its solvency as commensurate to the risks that his/its financial position may be exposed to and his/its strategy in capital allocation to counter such risks.
                                                                         
                                                                      8. The broker must strictly adhere to the payment of amounts received form the customers to the concerned insurance companies in due dates.
                                                                         
                                                                      9. The broker shall maintain liquid assets or assets convertible to liquid money within a period of no more than two weeks to cover at least 100% of all short term liabilities.
                                                                         
                                                                      10. The board of directors or the management board of the broker shall approve a financial and accounting policy for receivable collection. Such policy shall include all required procedures to collect receivables of all forms including the related party receivables.
                                                                         
                                                                      11. The broker must record all of his/its assets in the company's name and shall immediately inform the Insurance Authority in the case of any mortgage or seizure imposed on any such assets.
                                                                         
                                                                      12. The broker shall incorporate in his/its internal control procedures an effective mechanism and implementable administrative and financial procedures to manage and control risks that may be encountered in the manner commensurate with the nature and size of his/its activities.
                                                                    • Article (5)

                                                                      The Chairman of the IA Board of Directors shall issue the necessary procedures to put this Resolution into force, in coordination with the Minister of Finance.

                                                                      • Fifthly: The Duties and Responsibilities of the Internal Controller in Insurance Brokerage Companies

                                                                        The following terms include some of the main and core functions of the Internal Controller in the insurance brokerage companies:

                                                                        1. Review the relevant laws and has the full knowledge of all laws, regulations and instructions issued by the Insurance Authority and the work of the insurance broker (and the subsequent amendments, or regulations and instructions issued thereafter), attached herewith the list of the most important laws, regulations and instructions to be reviewed.
                                                                        2. Continue to update the senior management of the board of directors, board of managers and key employees of all the applicable rules and policies of compliance to which the company must comply.
                                                                        3. To inform all employees of the company through the senior management of all the policies and compliance regulations and its updates
                                                                        4. Develop comprehensive internal control policies and procedures in insurance brokers that include an effective internal audit of the regulations, instructions and practices applied in the company’s activities, and should be approved by the board of directors of the bank.
                                                                        5. Updating the policies and procedures periodically to ensure that the company complies with the latest regulations and instructions related to all the company's operations and activities.
                                                                        6. Conduct annual and quarterly review of all the instructions included in the policies and procedures manuals applied in the company to ensure their conformity, consistency and compliance with their implementation in accordance with the requirements of the law and the Regulation and the amendments thereof and the regulations, instructions and circulars issued by the Insurance Authority.
                                                                        7. Conduct an emergency and sudden review after coordination with the company's management to ensure the validity of the procedures and policies applied as mentioned in the previous paragraph.
                                                                        8. Prepare a comprehensive plan for examination and ensure that all written policies and procedures approved by the Bank are compliant with applicable compliance rules.
                                                                        9. Upload the annual and quarterly reports on internal controls on the website of the Insurance Authority. The Internal Controller may submit monthly reports if necessary, or if requested by the Authority's management.
                                                                        10. Ensure that the management of the company and its employees apply the correction plan approved by the company's board of directors in accordance with the approved internal control reports.

                                                                        • Article 5

                                                                          The broker must submit a training and Emiratization plan along with the license application.

                                                                        • Article (6)

                                                                          Any provision that is in contrary or inconsistent with the provisions of this Resolution shall be annulled.

                                                                          • Sixthly: The Specialized Functions of the Internal Auditor

                                                                            The internal control of the technical departments’ performance in the insurance brokerage companies is one of the most important aspects that the Internal Controller must follow up and know all their aspects. These special tasks include reviewing the performance of all departments and the technical departments, especially those related to technical works in insurance brokerage. The following represent the key functions of the internal auditor.

                                                                            Firstly: The Implementation of The Insurance Authority Board of Directors’ Resolution No.15 of 2013 concerning Insurance Brokerage Regulations, Decision No (58) of 2013 Concerning the Implementation of Insurance Authority Board of Directors’ Resolution No. 15 of 2013 and Insurance Authority Board of Directors Resolution No. 20 of 2014 On the Amendment of Some Provisions of the Insurance Authority Board of Directors Resolution No. 15 of 2013

                                                                            The internal controller of the insurance brokerage company must complete a periodic review on the company's implementation of the Insurance Authority Board of Directors’ decision No. (15) of 2013 and its amendments in subsequent decisions or executive decisions issued by the Authority's management, specifically the obligations of the brokerage company stated in Section No. (4) of the said decision ,which stipulate the obligations of the brokerage company towards the Insurance Authority, Insurance companies and customers . The report must clarify the defect points and the corrective actions agreed upon with the management of the insurance brokerage company and what is the time frame of the proposed plan.

                                                                            Secondly: The Implementation of the regulations of Anti- money laundering and combating terrorist financing in insurance activities:

                                                                            • The Insurance Authority has issued the regulations of Anti- money laundering and combating terrorist financing in insurance activities by the Board of Directors resolution No. (13) of 2015. The regulations included clear definitions of insurance business, money laundering and terrorist financing, in addition to the definition of suspicious transactions and extraordinary transactions. The following is a summary of the main tasks assigned to the Internal Controller in this respect, pointing out the need to fully comply with all the provisions of the mentioned regulations.

                                                                            • The Internal Controller should confirm the validity of the procedures used to open a customer account in the company, including full knowledge of customer information according to a clear form approved by the company management.

                                                                            The most important information to be verified by the Internal Controller is:

                                                                            1. If the client is a close partner of foreign persons who are politically exposed, this includes
                                                                            a. The politically exposed foreigner.
                                                                            B. The direct family members (spouses, children, their spouses and parents.)
                                                                            C. The partners known to be close to the individual are:
                                                                            • Individuals who have joint ownership of a legal entity, legal arrangement or any close working relationship with a politically exposed foreigner.
                                                                            • Individuals who have sole ownership of a legal entity or legal arrangement established for the benefit of the politically exposed foreigner.

                                                                            2. The Internal Controller shall ensure that the company obtains all necessary information and documents for the customers which include:

                                                                            A. The Natural persons: full name, nationality, place and date of birth, current address, place of permanent residence, place of work, passport and / or identity card for individual clients, and keeping a certified copy. For incompetent persons, documents relating to them and their legal representative should be obtained, as appropriate.
                                                                            B. The Corporate persons: full information and documents should be obtained and in particular (the Commercial Registration and the Articles of Association)mentioning the date of renewal and keeping a copy thereof. Also, the name and address of the owner and the names and addresses of the partners and their nationalities shall be obtained.
                                                                            C. Public Shareholding Companies: The names and addresses of the Chairman and members of the Board of Directors and shareholders, each of which exceeds 5% or more, shall be obtained.
                                                                            3. In the event that the transaction is for the benefit of another person or entity, the Internal Controller shall ensure that the company obtains a copy of identity of that person or that entity and keep a certified copy of the authorization letter, acquire and register adequate information about them.
                                                                            4. When dealing with cooperatives, social or professional associations, a copy of the declaration decision of this association issued and signed by the Minister of Social Affairs must be obtained.
                                                                            5. The Internal Controller shall confirm the prohibition of opening an account under a pseudonym. The name of the account holder must always be authenticated as in the identity, passport or commercial license, and the official responsible for opening the account must carry out a physical inspection of the passport, trade license or any identity card, The documents shall be marked as a true copy and signed.
                                                                            6. The Internal Controller of the company shall be knowledgeable with the persons listed on the United Nations list of terrorism, compare the names of all the company's clients with that list, notify the unit of any transaction related to that list, and periodically update the list of persons through the United Nations website WWW.UN.ORG .

                                                                            7. The Internal Controller shall work to determine the necessary bases for classifying the clients of the insurance company according to the degree of risk of their association with money laundering and terrorist financing. He shall adopt a system of classification of customers based on logical basis, with constant updating. Pursuant to the administrative decision No. (79) of 2015 concerning the guidelines of Anti-Money laundering and combating terrorist financing in the insurance activities .This system shall include at least the following risks:
                                                                            a. The risks related to Services and Products.
                                                                            B. The risks of Customers.
                                                                            C. The risks related to specific geographical areas.

                                                                            • With regard to terrorist financing operations, we refer to the Federal Law No. (7) of 2014 (issued on 20/08/2014, concerning combating terrorist crimes, particularly the definition of terrorist crime, terrorist purpose and terrorist result in Article (1) of this Law, and to article No (29) - (30) of the law relating to crimes of financing terrorism, where the Internal Controller must review the provisions of this law and work to apply them strictly.
                                                                            • If there are serious reasons to suspect the existence of a money laundering or terrorist financing process, the Internal Controller(behind the scenes) checks the identity of the client or the concerned person without drawing the client or the person attention of these suspicions regardless of how much the subject amount of the process.
                                                                            • In case of any of the above mentioned cases,
                                                                            A. The Internal Controller(after taking the opinion of the company management)shall freeze the transaction.
                                                                            B. The Internal Controller and the Company shall immediately notify the Financial Intelligence Unit for Anti- money laundering and suspicious cases unit (AMLSCU) of the Central Bank of the State through the electronic system or any appropriate method, and notify the Authority of what has been reported to the Unit.
                                                                            C. The Internal Controller in his department shall keep a copy of the information sent to the Central Bank and the Insurance Authority.
                                                                            D. The freezing of funds in suspicious cases is by order of the Central Bank.
                                                                            E. The Public Prosecution may, after having been notified by the Central Bank of the reservation of the funds or the means used in the suspicious operations, and in the end the operation shall be subject to the decision of the competent court.
                                                                            F. The Internal Controller does not assume that the possibility of money laundering or terrorist financing in this type or branch of insurance may be excluded. However, the most insurance branches of insurance that is liable to be used for the sepurposes:
                                                                            A. Life Insurance and Family Takaful (Mixed Insurance).
                                                                            B. Marine insurance of goods.
                                                                            C. Insurance of jewelry stores and precious stones.

                                                                            At the end of this part of the Guide, we emphasize the need for the Internal Controller to adhere to the following:
                                                                            a. Full Implementation of the Board of Directors Resolution No. (13) of 2015 Concerning Anti-Money Laundering and Combating Terrorist Financing in Insurance Activities and Guidelines No. (79) of 2015, concerning Anti- Money Laundering and Combating Terrorist Financing in Insurance Activities
                                                                            B. No to initiate procedures unless there are serious reasons for suspicion.
                                                                            C. The proceedings take place in a strictly confidential manner.

                                                                            Thirdly: Functions related to the disclosures and financial and non-financial statements of the insurance brokerage company.

                                                                            The internal auditor, in cooperation with the company's management, shall notify and provide the Authority with the following:

                                                                            A. A quarterly report signed by the Chairman of the Board of Directors or the General Manager or the Executive of insurance brokerage activities and related accounts, including a report on the financial solvency in accordance with the specified requirements within a period not exceeding 30 days from the end of the quarterly period.
                                                                            B. An annual report signed by the Board of Directors or Board of Managers, containing all insurance brokerage activities conducted during the year and the final audited annual financial statements accompanied by the report of the external auditor, within a period not exceeding 60 working days from the end of the fiscal year.
                                                                            C. An annual statement of the general framework of risk management which includes its internal procedures to assess its financial solvency and in proportion to the risks that may affect its financial position and strategy in allocating capital to encounter these risks.
                                                                            D. A copy of any brokerage agreements concluded with the companies within seven working days of signing them on the electronic system of the Insurance Authority.
                                                                            E. Notification on the appointment of accredited personnel and any amendment or change in their transfer or end of service and the reasons for such change with in two working days. He shall also notify the Authority of the appointment of an alternative until the vacancy is permanently filled within a period of 60 working days from the date of vacancy.
                                                                            F. Notification on any change to any of the data or documents that have been registered based on it, within five days from the date of the change.
                                                                            G. All data and statistics that are requested and in accordance with the periods specified by the Authority.
                                                                            H. The insurance broker shall ensure that his annual and interim financial statements contain all necessary data and information relating to his financial solvency, regulations and objectives to manage the risks of his financial position, including a detailed breakdown of the durability and balances of payables as well as revenues from premiums and commissions from each company.

                                                                             

                                                                            Internal Control Quarterly report

                                                                            Company

                                                                             

                                                                            Licensed Activities

                                                                             

                                                                            Report Date

                                                                             

                                                                            Period of invesigation

                                                                             

                                                                            Internal controller

                                                                             

                                                                            Contact Details

                                                                             

                                                                            Firstly: verifying the extent of compliance with the decisions, laws and regulations

                                                                            The Board of Directors Decision No. (15) of 2013 concerning the insurance brokerage regulations

                                                                             

                                                                             

                                                                            degree of

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            No.

                                                                            Decision provisions

                                                                            committed

                                                                            Non committed

                                                                            nuder process

                                                                            NA

                                                                            Reasons of Non-compliance

                                                                            Internal controller recommendations

                                                                            Higher Management recommendations

                                                                            corrective procedures

                                                                            Period for correction

                                                                            Attachment

                                                                             

                                                                            Article

                                                                             

                                                                            The proposed documents and data to be reviewed to ensure the compliance with the legal provisions . The Compliance officers can develop procedures, evidences and other supporting documents that are not mentioned in the description to ensure compliance with the laws, regulations and legal provisions.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            1

                                                                            Article (2), clause (2) "No one may practice the Insurance Brokerage activity in the UAE without obtaining a license from the IA. Such license shall be renewed annually in accordance with the "provisions of these Regulations

                                                                             

                                                                            verify that the insurance company's license is valid and effective

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            2

                                                                            Article (3), clause (1) "An Insurance Broker may combine brokerage business in personal insurances and funds accumulation operations on the one hand, and brokerage of property and liability insurance on the other hand, provided that both classes of business are completely separated in terms of books and records or personnel working in each class "

                                                                             

                                                                            Ensure the separation between the two types of insurance by establishing clear policies to separate the concerned departments and not to overlap between the work and the existence of a clear separation mechanism in the records of the company.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            3

                                                                            Article (3), clause (3) "An Insurance Broker may not combine their role as an insurance broker on the one hand and the role of an insurance agent, insurance consultant, surveyor and loss adjuster, or actuary on the other hand"

                                                                             

                                                                            Periodic review of the services provided by the company and review of the statute, internal regulations and internal policies and procedures for job description of each department to verify the provision of insurance brokerage services and not to provide any services for the professions mentioned in Article

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            4

                                                                            Article (3), clause (4) "An Insurance Broker may combine the Insurance Brokerage business in accordance with the provisions of these Regulations and the re-insurance brokerage business, subject to not combining both roles (insurance broker and re-insurance broker) for the same transaction and for the same party he works for "

                                                                             

                                                                            The Broker may add reinsurance brokerage business after approval by the Authority and interview with the specialized reinsurer. The Compliance Officer shall ensure that the Company's statute, internal Bylaws and work procedures allow and regulate the practice of insurance brokerage

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            5

                                                                            Article (3), clause (5) "A company incorporated in the UAE in accordance with the Commercial Companies Law, having the objective of practicing the Insurance Brokerage activity. "

                                                                             

                                                                            Checking the company's investments in the financial records and contracts with any other broker, if any

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            6

                                                                            Article (4), clause (1) , sub-clause (a) " An Insurance Broker may not be partner or agent of any other Insurance Broker "

                                                                             

                                                                            Ensuring the activities stipulated in the commercial license and the statutes and submitting a request for approval in the event of modification of the form or purposes of the company.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            7

                                                                            Article (4),clause (1) , sub-clause (b) " A branch of a company incorporated in a financial free zone in the UAE, or a branch of a foreign company, provided that such company is licensed to practice this activity in the said financial free zone or in the country of origin in the same insurance type and class; and should be subject to the control of a counterpart supervisory authority, with a minimum five years of practice in Insurance Brokerage, and subject to any controls or conditions set by the IA. "

                                                                             

                                                                            Ensure the activities in the license granted to the company by the regulatory authority and the statute and submit a request for approval in the event of modification of the form or purposes of the company. Verify the validity and effectiveness of the license in the home country and inform the Authority of any significant changes occur in the parent company.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            8

                                                                            Article (4), clause (2) " The paid capital may not be less than (AED 3,000,000) three million Dirhams for a company incorporated in the UAE and (AED 10,000,000) ten million Dirhams for the branch of a company incorporated in a financial free zone or the branch of a foreign company. "

                                                                             

                                                                            Check the company's Articles of Association, confirm the Memorandum of Association, ensure the latest audited financial statements of the parent company, the company's registration certificate in the original supervisory authority.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            9

                                                                            Article (4), clause (3) " A Letter of Guarantee produced by a bank in favor of the IA must be submitted in accordance with the terms and conditions referred to herein. "

                                                                             

                                                                            You must return to the form published on the website of the Insurance Authority and always make sure that there is a bank guarantee, you must work to inform the Authority directly in the event of any amendment to the bank guarantee data.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            The Letter of Guarantee shall be:

                                                                            1. Issued by a bank operating in the UAE, in favor of the Chairman of the IA Board of Directors in his capacity according to the form designated by the IA.

                                                                            2. Unconditional, unrestricted, payable on demand – by the IA – at any time and may only be canceled under a written consent of the IA.

                                                                            3. Issued for the purpose of guaranteeing the settlement of the Insurance Broker's transactions and meeting their obligations arising from practicing Insurance Brokerage towards companies, clients or beneficiaries, or in implementation of the IA's decisions.

                                                                            4. Its value may not be less than (AED3,000,000) three million Dirhams for companies incorporated in the UAE and (AED1,000,000) one million Dirhams for any branch there of. For the branch of a foreign company or companies incorporated in any financial free zone, its value may not be less than(AED 5,000,000) five million Dirhams for the branch and (AED 3,000,000) three million Dirhams for any addition branch thereof in the UAE.

                                                                             

                                                                            You must return to the form published on the website of the Insurance Authority and always make sure that there is a bank guarantee, you must work to inform the Authority directly in the event of any amendment to the bank guarantee data.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            10

                                                                            A professional indemnity insurance policy in favor of the IA must be submitted in accordance with the terms and conditions referred to herein.

                                                                             

                                                                            You must return to the form published on the website of the Insurance Authority and always make sure that there is a bank guarantee, you must work to inform the Authority directly in the event of any amendment to the bank guarantee data.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            11

                                                                            The Professional Indemnity Policy shall be:

                                                                            1. Issued by a company licensed by and registered with the IA, after the IA's approval of the conditions of such policy.

                                                                            2. The insured shall be the Insurance Broker and the beneficiary shall be the Chairman of the IA Board of Directors in his capacity.

                                                                            3. Issued for the purpose of guaranteeing any liability arising from damages resulting from practicing Insurance Brokerage, unintentional error, omission and unintentional negligence.

                                                                            4. Valid throughout the license term and applicable to the annual renewal of the license. The Insurance Brokerage activity may not be practiced unless such policy is available and valid.

                                                                            5. The insured sum under the policy may not be less than (AED 2,000,000) two million Dirhams for companies incorporated in the UAE, provided that the deductible amount may not exceed (AED 30,000) thirty thousand Dirhams for each accident. As for the branch of a foreign company or companies incorporated in any financial free zone, the insured sum under the policy may not be less than (AED 3,000,000) three million Dirhams, provided that the deductible amount may not exceed (AED 50,000) fifty thous and Dirhams for each accident.

                                                                             

                                                                            Ensure that the conditions set out in the Professional Indemnity Insurance Policy are met in the Authority

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            11

                                                                            Individuals to be appointed in the technical and administrative staff must satisfy the following conditions:

                                                                            a) Be a natural person enjoying full capacity.

                                                                            b) Be of good conduct and behavior, and has never been sentenced for a freedom restricting punishment in a moral turpitude crime without being rehabilitated.

                                                                            c) Has not stopped the payment of his commercial debts even if not associated with bankruptcy declaration, or has been judged bankrupt without being rehabilitated.

                                                                             

                                                                            To ensure the availability of technical staff and inform the Authority in the event of any amendment to the technical staff of the Authority

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            12

                                                                            An Insurance Broker must continuously have the technical staff required to practice the licensed activity and must at least appoint employees to assuming the following jobs: a) General Manager or Chief Executive Officer. b) Operations Manager. c) Internal Auditor. d) At least one specialized employee for each licensed insurance type or class.

                                                                             

                                                                            Specialized employees (persons and fund accumulation Insurance Officer -Property and Liability Insurance Officer - Reinsurance Broker) The company can appoint more than one specialist provided that they inform the authority in the event of an amendment and may appoint specialized staff in a particular type of insurance such as health insurance.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            13

                                                                            No one may combine two jobs of the jobs approved by the IA at the same time.

                                                                             

                                                                            Ensure that no one combine between two approved jobs and that the internal controller has no executive tasks.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            14

                                                                            An Insurance Broker shall notify the IA of the appointment of any accredited personnel, and of any modification or alteration that may arise regarding their transfer or termination, stating the reasons thereof. An Insurance Broker shall also notify the IA once any of the accredited posts becomes vacant and an alternative is appointed until such vacant post is permanently filled within a maximum period of 60 business days from the date of vacancy.

                                                                             

                                                                            The necessity to inform the Authority about the transfer and termination of the services of any of the approved staff and to provide new documentation on the new employees within the period specified in the article

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            15

                                                                            A suitable headquarters, software and technical systems required to practice the activity must be provided.

                                                                             

                                                                            Not to change the company's headquarters without informing the insurance company. The conditions of the place: Provide a suitable place to carry out the work, including a separate place for the Director General and the internal controller. The existance of the electronic systems that provide assistance in the performance of work and the availability of data and information security systems. Making a list of the authorities on the systems of the company and the auditor shall review these procedures periodically and on a regular basis and inform the Authority in case of any violations or material information affecting the performance of the company (including the occurrence of any breach of information security , the company's headquarters exposure to fire, theft ... etc)

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            16

                                                                            An internal control system to ensure the sound application of law, regulations, instructions, resolutions and circulars issued thereunder must be provided.

                                                                             

                                                                            The explanation of the internal controller's duties in the company, the scope of work of the internal controller from the administrative aspects and how to auditing them, an explanation of the rules and regulations that must be applied by the controller and the the company Bylaws, which the broker must work on auditing them. The explanation of the mechanism of reporting to the Board of Directors and its periodicity, The mechanism of auditing the technical departments and their compliance with the regulations and instructions of the Authority and internal Bylaws.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            17

                                                                            The application of a license to practice the activities of the Insurance Brokerage shall be submitted to the IA according to the designated form enclosing information, data and documents supporting the application for license, particularly:

                                                                            1. The legal form of the applicant, along with a report stating the names of the partners, members of the board of directors or management board and the executive management.

                                                                            2. An acknowledgment that the partners and the Director General or Chief Executive Officer have never been declared bankrupt, as well as providing certificates of good conduct confirming that none of them has been sentenced for a freedom restricting punishment.

                                                                            3. A statement showing any legal or judicial obligations or liabilities related to the applicant.

                                                                            4. A statement showing the technical systems used and the work procedures proposed for practicing the activity of Insurance Brokerage.

                                                                            5. Types and classes of the insurance business applied for.

                                                                            6. Training and Emiratization plan for AUE nationals.

                                                                             

                                                                            The Compliance Officer shall keep all records and documents related to the Company's license, the partners and managers and review them periodically to ensure their validity. In the event of any change in the work , he shall report directly to the Authority. This must be included in the Internal Control Guide and the interim and annual audit plan approved by the Company's Board of Directors .

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            18

                                                                            7. In addition to the above, a branch of a foreign company, or a branch of a company incorporated in a financial free zone shall submit the following:

                                                                            a. An official certificate issued by the competent authority showing the company’s incorporation, registration and licensing to practice the activity of Insurance Brokerage in the types and classes of insurance to be practiced in the UAE.

                                                                            b. A copy of the financial statements for the last two years audited, approved and prepared in the UAE Dirhams.

                                                                            c. A true copy of the board of directors' or management board’s decision approving the opening of a branch in the UAE.

                                                                            8. An undertaking to satisfy all license conditions required in case of approving the application for license within the period determined by the IA; otherwise the approval shall be null and void; as well as undertaking not to start practicing the activity before the IA ensures that the applicant has satisfied all license conditions and IA’s approval in this regard is issued.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            19

                                                                            An Insurance Broker may add a type or class of insurance to the granted license under an application to be submitted to the IA on the form designated for this purpose after meeting all the related conditions and requirements.

                                                                             

                                                                            The broker may add brokerage to a type of insurance and can add insurance brokerages, and notify the Authority of any additions made to the previously licensed services.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            20

                                                                            The license shall be renewable under an application to be submitted to the IA at least one month prior to the expiry date ،

                                                                             

                                                                            The compliance officer must ensure that the license conditions in the regulations are met, especially during the last month during renewal of the license (automatic or electronic renewal).

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            21

                                                                            The Insurance Broker may not practice their activity during the suspension period. In all cases, the Insurance Broker may request to resume the practice before the end of the suspension period whether the suspension was optional or when the preventing cause ceases to exist.

                                                                             

                                                                            Ensure that the suspended broker or the broker who requested for suspension does not exercise any new work and confirming that the broker continue to follow up on the interests of existing companies, clients and beneficiaries before issuing the suspension decision.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            22

                                                                            Producing of written internal bylaws within (3) months from the date of obtaining the license, and providing the IA with a copy thereof, subject to amendment of such bylaws in accordance with any amendments made to the Law, regulations, instructions, resolutions and circulars issued by the IA and notifying the IA thereof.

                                                                             

                                                                            The Compliance Officer shall review the internal Bylaws adopted by the Board of Directors of the Company and submit the amendment proposals for approval by the company's Board of Directors and notify the Authority through the quarterly internal control report to review the procedures and ensure their application and inform the Authority in case of amendment thereto.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            23

                                                                            The Internal Bylaws shall include the following data:

                                                                            a) The documentary cycle to be followed as of the beginning of dealing with a company and client, until the full completion of the insurance transaction.

                                                                            b) The organizational structure of the Insurance Broker showing the actual functions, responsibilities and powers of directors and other employees working for the Insurance Broker.

                                                                            c) The relationship between the headquarters of the Insurance Broker and its branches; and determining the powers that the branch is authorized to practice.

                                                                            d)Correspondences recording system.

                                                                            e)Internal record-keeping system.

                                                                            f)Clients' complaints recording system.

                                                                             

                                                                            The documentary course to be followed in dealing with brokers and insurance companies: It is a simple explanation of how to implement the service to the customer and contact with the insurance company with illustrations for the documentary course , the organizational structure of the broker, explaining responsibilities and tasks , powers of the branches of the company ( powers of the branch and the director and what types of insurance brokerage, Mailing system: a simple explanation of the outgoing and incoming mail system and that there is a specific mail for each department mentioning it a mail for complaints and a separate mail to respond to inquiries of customers. The system of keeping the internal records and the way they are saved (archiving). The electronic system of the company in terms of keeping files and records of customers and where to they are saved.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            24

                                                                            Producing an Operational Guide for risk management to include the listing and definition of the specific risks that could be encountered and how to address them once realized. The Guide shall be updated and reviewed periodically as appropriate to the nature of the Insurance Broker business and according to the applicable rules in this regard.

                                                                             

                                                                            The Operational Guide for Risk Management Operational (includes definition, enumeration and treatment of risks related to brokerage business), such as the risk of nonpayment by the customer, the risks of customer unreliability, the risk of money laundering, the risk of electronic system security breach. The risks of labor turnover, etc. This shall be reviewed and verified periodically.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            25

                                                                            Development of a professional code of conduct for the Insurance Broker employees; and supervising and organizing their undertakings to ensure compliance with the Law, regulations, instructions, resolutions and circulars issued by the IA, especially those related to trust, integrity and conflict of interest.

                                                                             

                                                                            The Compliance Officer shall ensure that the Company has established a Code of Conduct and that the Company's management is required to send all regulations and instructions to all the concerned employees of the Company and ensure that they are informed of the circulars issued by the Insurance Authority which regulate the work.It is preferable to register all queries received by employees and the response received by the company's management through the compliance officer, which helps to control the compliance mechanism.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            26

                                                                            When practicing the activity of Insurance Brokerage, the Insurance Broker and their branches shall be independent from any other party in terms of place or organizational, technical or administrational aspects.

                                                                             

                                                                            Ensure the separatation of the headquarters of the broker and not to be engaged in any activity other than insurance brokerag.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            27

                                                                            Cooperation and coordination with the internal controller, enabling him/her to perform the assigned tasks and notifying the IA of any violation of the Law or the regulations, instructions, resolutions or rules issued thereunder, or the applicable internal bylaws.

                                                                             

                                                                            The internal controller and the company's management shall cooperate in order to implement the regulations and laws. The internal controller shall submit reports of the non-compliance of the senior management with the application of the regulations and instructions and the non-implementation of the corrective plans.The company's management must provide justification for not complying with the corrective plans approved by the Authority.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            28

                                                                            Not to dismiss the internal controller except by a decision of the board of directors or management board of the Insurance Broker, provided that the IA and the internal controller are notified of the dismissal decision at least (30) working days before such dismissal, explaining the causes and justifications of the dismissal.

                                                                             

                                                                            The internal controller shall immediately notify the Authority in case he submitted his resignition to the company management. Also, the company management shall notify the Insurance Authority in case of the dismissal of the internal controller in accordance with the provisions of Article

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            29

                                                                            Open an independent account with a bank operating in the UAE to be designated for the financial transactions related only to the Insurance Brokerage business. Such account shall be subject to audit by the IA.

                                                                             

                                                                            Ensuring that there is an independent insurance brokerage business in terms of receiving and paying insurance premiums

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            30

                                                                            Complete separation between the Insurance Broker's personal accounts and the accounts related to the Insurance Brokerage practice.

                                                                             

                                                                            Ensure the separation of the accounts of the broker through the review of the agreement to open the account with the bank and review the periodic bank statements of the contracted accounts to confirm the cash inflows and outflows.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            31

                                                                            Refrain from obtaining any interests on the funds deposited in the account of the Insurance Brokerage business, or from holding such funds in the form of time deposits, or to obtain credit facilities or bank loans secured by such funds.

                                                                             

                                                                            Ensure that the type of account dedicated to practicing insurance brokerage activity is the type of current accounts not related to access to credit facilities or bank loans with the guarantee of these funds or the placement of funds obtained in the form of fixed deposits and the the agreements for opening the account must review.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            32

                                                                            Maintain the financial solvency required to practice the activity in a manner to ensure the continued performance of its obligations according to the rules set by the IA.

                                                                             

                                                                            The terms of financial solvency mentioned in Decision No. 58 shall be reviewed in terms of the availability of the minimum paid-up capital and, on a permanent basis, availability of bank guarantees and availability of adequate liquidity in accordance with the decisions of the Insurance Authority.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            33

                                                                            Abide by the limits of insurance types and classes which the Insurance Broker is licensed to practice.

                                                                             

                                                                            Not to practice insurance brokerage in a new type or branch of insurance before obtaining the license.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            34

                                                                            Not to manage or bear any insurance risks.

                                                                             

                                                                            The commitment to the insurance brokerage and the broker shall not take the insurance company place to insure risks or shoulder risks of insurance .

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            35

                                                                            Conclude Insurance Brokerage agreements with companies; and providing the IA with true copies thereof within a maximum period of one week after the date of their signature, as well as any amendments or alternations thereon once made.

                                                                             

                                                                            All agreements signed with insurance companies must be uploaded on the website, and the insurance companiesshall be followed up in order to approve the agreements on the system.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            36

                                                                            Conclude at least two Insurance Brokerage agreements with companies within (60) working days after the license date. .

                                                                             

                                                                            There must be at least two agreements with the insurance companies. In case of non-existence, the Authority shall be notified if the number is less than two in any case.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            37

                                                                            Not to depend only on one company at any time to practice the activity in the UAE.

                                                                             

                                                                            If the concentration ratio increases above 75%, a plan should be developed to reduce the concentration to the average for one company.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            38

                                                                            Maintain the records, documents, accounts and financial statements that show the Insurance Broker's financial position, transactions, Insurance Brokerage agreements concluded with companies, authorizations issued by Clients, Clients' data, copies of insurance policies issued to such clients, and any other documents or data related to the practice for a period of (10) years,

                                                                             

                                                                            Develop a plan to maintain all documents in electronic and paper format and to inform the Authority directly in the event of any type of damage.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            39

                                                                            Back-up copies of all such statements and documents shall be maintained for the same period in order to protect the clients’ data and transactions against any causes of damage. The IA shall be allowed access to obtain and review same on demand.

                                                                             

                                                                            A plan should be developed to maintain backup copies of the data and documents and make periodic reviews to verify the mechanism of conservation and ensure that it can not to be damaged or hacked.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            40

                                                                            The fiscal year shall commence on the first day of January and ends on the thirty-first day of December every year, provided that the balance sheet and the closing accounts are prepared in the UAE Dirham.

                                                                             

                                                                            Ensure that the audited financial statements submitted to the Authority are prepared in accordance with international standards in the preparation of financial statements. The fiscal year begins on the 1st of January and ends on 31st December of each year. The financial statements are prepared in the UAE Dirhams.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            41

                                                                            A quarterly report signed by the Chairman of the IA Board of Directors, the Director General or Chief Executive Officer, and audited by the external auditor. This report shall address the Insurance Brokerage business and the accounts related thereto, and shall be submitted within a maximum period of (20) working days from the end of the quarterly period.

                                                                             

                                                                            The commitment to submit data and documents within the allowed period.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            42

                                                                            An annual report signed by the Board of Directors or Management Board and audited by the external auditor. This report shall include all Insurance Brokerage business performed during the year, the accounts related thereto, the closing accounts and the annual balance sheet; and shall enclose a copy of the Insurance Brokerage agreements that have been concluded with companies. This report shall be submitted within a maximum period of (60) working days from the end of the fiscal year.

                                                                             

                                                                            The commitment to submit data and documents within the allowed period.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            43

                                                                            To immediately notify the IA of any change occurring on the data or documents based on which the license was granted within (5) working days from the date of occurrence of such change; and of any deficit affecting its financial position.

                                                                             

                                                                            Any amendments shall be notified to the Authority within the specified period

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            44

                                                                            Inform the IA of the content of advertising campaigns to promote its services before presenting to the public. .

                                                                             

                                                                            Obtain the approval of the Authority before making any public announcement.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            45

                                                                            Insert their name and registration number with the IA on all its papers, correspondence and documents in both Arabic and English languages.

                                                                             

                                                                            This includes, but is not limited to, paper correspondence, any other paper advertising documents and electronic correspondence

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            46

                                                                            Sign an Insurance Brokerage agreement with each Company they deal with. The agreement must be executed in Arabic language, signed by both parties and authenticated before the official authorities. It shall remain in force throughout the period of dealing with the respective Company, and shall include the rights and obligations of each party in conformity with the provisions of these Regulations

                                                                             

                                                                            Review the agreements concluded with the companies

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            47

                                                                            The agreement shall include the following: a) The term of the agreement, how and why it can be terminated;

                                                                            b) Types and classes of insurance subject of brokerage;

                                                                            c) Geographical scope;

                                                                            d) A provision authorizing the Insurance Broker to receive the premiums in favor of the Company in cases where the Insurance Broker is permitted to collect the premiums. However, the Insurance Broker may not use the collected premiums for any other purpose.

                                                                            e) The agreed commission for the Insurance Broker, the manner to calculate such, when its due date for payment and its collection procedures.

                                                                             

                                                                            Review the agreements concluded with the companies

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            48

                                                                            The agreement may not include the following: a) Authorization to the Insurance Broker to issue insurance policies or endorsements thereto, or to amend policies or endorsements except for the issuance of motor insurance certificates if both parties wish so.

                                                                            b) Authorization to the Insurance Broker to receive compensations payable to clients or beneficiaries to be paid to the entitled recipients.

                                                                            c) Preventing the Insurance Broker from practicing its activity with any other company.

                                                                             

                                                                            The insurance broker is entitled to issue vehicle insurance certificates only if the agreement includes this. The agreement may not include any authorization to receive compensation due to customers or beneficiaries for payment to its beneficiaries.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            49

                                                                            Submit all customer information and data which may affect the decision to be taken by the Company regarding the insurance cover, rates and conditions, in order to enable the Company to assess the risks to be insured or to renew its insurance.

                                                                             

                                                                            Ensure the establishment of internal procedures to send all customer information and data that affect the insurance companies' decision for coverage.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            50

                                                                            Confirming that the Insurance broker sid not receive insurance premiums related to insurance types and classes shown below : a. Life insurance and fund accumulation operations; b. Group health insurance; c. Marine and air cargo insurance; d. Hull insurance; and e. Petroleum insurance.

                                                                             

                                                                            The agreements and the internal financial and technical procedures must be reviewed to ensure that premiums are not received from these types.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            51

                                                                            Not to use the letterhead of the Company - for which the Insurance Broker works - for their own correspondence or correspondence to their Clients.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            52

                                                                            maintain the confidentiality of conditions, rates, information and data obtained from the Company and not to disclose such information to other companies. .

                                                                             

                                                                            Establish procedures to maintain the confidentiality of information or data and periodically review them to ensure that employees and management comply with their obligations.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            53

                                                                            Sign a written authorization with all its Clients to authorize it to perform the Insurance Brokerage business according to the form designed for this purpose and approved by the IA.

                                                                             

                                                                            The authorization process must be documented through written or electronic authorization.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            54

                                                                            The authorities of the Insurance Broker to communicate with any company licensed by the IA or with any licensed company nominated by the Client.

                                                                             

                                                                            Ensure that the authorization contains the powers.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            55

                                                                            The responsibilities and authorities of the Insurance Broker regarding the claim procedures for compensation which may be entitled by a Client who reports an insured accident.

                                                                             

                                                                            Ensure that the authorization contains responsibilities and tasks before and after selling.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            56

                                                                            Not to restrict the Client’s freedom to withdraw or cancel the authorization, and not to charge the Client for any financial costs as a result thereof.

                                                                             

                                                                            The procedures and accredited authorization must be reviewed.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            57

                                                                            Provide technical advice and on sultation, and inform the Client of the best conditions and rates of the companies and keep the documents proving such and register them in duly organized records. In addition, they must negotiate in favor of the Client and represent them before the Company and not to receive any commission for such negotiation.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            58

                                                                            Observe the interests of the Client whether when comparing the conditions, rates and the scope of insurance cover, or in terms of preferring to work with a certain Company rather than others; and not to recommend or advocate any company just because it offers higher commission to the Insurance Broker.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            59

                                                                            Ensure that the Client is aware of and has understood the type of service provided and the nature of relationship between them, as well as ensuring that the policy meets all the Client’s requirements.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            60

                                                                            Notify the Client of all the details of the insurance policy in terms of insurance cover, coinsurance rate (deductible), if any, the surrender amount prior to the scheduled maturity or before the insured risk is realized, or any other conditions, exclusions or restrictions of the insurance policy.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            61

                                                                            Explain the importance of disclosure of the essential and fundamental information when submitting an application for insurance and the consequences of concealing, inaccuracy or invalidity of any data or documents provided by the Client, as well as explaining the Client’s full responsibility for such data and information.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            62

                                                                            Explain the importance of disclosing any future changes that may affect the insurance cover during the term of the insurance policy.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controllerperiodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            63

                                                                            Explain the method of payment of insurance premiums highlighting the importance of remitting same in due dates, and the consequences that may be incurred due to failure to observe such due dates.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            64

                                                                            Send insurance policies to Clients without undue delay, enclosing a notice stating the importance of reading the policy carefully.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            65

                                                                            Explain the procedures that must be followed by the Client in case the insured risk occurs; and assist in the negotiations with the Company regarding the claims arising from the occurrence of the said risk; and notify the Client immediately of Company's decision to accept or reject the provision of the insurance cover related to such claims.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            66

                                                                            Deal in accordance with the principles of good faith and transparency and professional rules and ethics, subject to the confidentiality of the Client's data and information

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            67

                                                                            Inform the Client in writing (20) days before the expiry date of the insurance policy so that the Client can expresses their desire in writing regarding the following:

                                                                            a) Renewal of the insurance policy with the same Insurance Broker or not.

                                                                            b) Renewal of the insurance policy with the same company under the same conditions, or with the same company under different conditions, or with another company according to other proposal presented by the Insurance Broker to the client.

                                                                             

                                                                            Include the internal procedures of the company and the compliance with the provisions of the article and the internal controller periodic review to ensure the commitment of the company's employees.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            68

                                                                            The Insurance Broker may not open branches thereof in the UAE unless after obtaining the IA approval for each individual branch

                                                                             

                                                                            Ensure the approval of the Authority prior to the activity in any branch.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            69

                                                                            A decision is taken by the board of directors or management board of the Insurance Broker to open a branch thereof.

                                                                             

                                                                            The need for a decision by the Board of Directors or the Board of Managers concerning the branch opening .

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            70

                                                                            The appointment of an officer in charge of the branch who must satisfy the conditions stipulated in the rules issued by the Director. The branch officer shall submit an acknowledgment that he/she is fully responsible for of the actual management of the branch.

                                                                             

                                                                            The necessity of the availability of technical staff in accordance with the conditions of the Authority.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            71

                                                                            . A minimum period of two years has elapsed since the Insurance Broker was licensed during which the Insurance Broker must have actually practiced the activity and have not been subject to any administrative fines or penalties.

                                                                             

                                                                            The necessity to ensure the availability of the condition before submitting documents to the Authority.

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                            72

                                                                            The volume of premiums achieved by the Insurance Broker during the fiscal year preceding the application for approval must be at least AED 3,000,000.

                                                                             

                                                                            Review the annual financial statements for the last fiscal year

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             

                                                                             
                                                                            Secondly: Risks
                                                                            مRisksThe RiskRisk CausesThe strategy to deal with risksHigher Management recommendationsThe taken corrective proceduresPeriod forcorrecti onAttachment
                                                                            HighMediumLowNon
                                                                            1Firstly: Operational risk
                                                                            Operational RiskManagement Risk 1/1          
                                                                            Degree of competence and qualifications of management          
                                                                            Rewards and incentives          
                                                                            financial structure risks          
                                                                            Ratio of financial flows to operational activity          
                                                                            Information technology risks 3/1          
                                                                            Data back up          
                                                                            Administrative risk 1/4          
                                                                            Staff competence and qualifications          
                                                                            Company Structure          
                                                                            2Secondly: Financial Risks          
                                                                            Financial efficiency 2/1          
                                                                            Financial RisksCapacity to cover long-term commitments          
                                                                            Liability to capital ratio          
                                                                            Liquidity 2/2          
                                                                            Volume of cash and cash equivalents          
                                                                            current assets to current liability ratio          
                                                                            Capital Efficiency 2/3          
                                                                            Total equity          
                                                                            Cumulative loss ratio          
                                                                            3Thirdly: Credit risk          
                                                                            Credit RiskCredit risk 3/1          
                                                                            The volume of funds allocated for insurance brokerage business          
                                                                            interest rate risk 3/2          
                                                                            Ratio of interest expenses to taxes          
                                                                            4Fourthly: Compliance Risk          
                                                                            Compliance RiskIndependence 4/1          
                                                                            The clarity of the Controller position in the organizational chart of the company          
                                                                            Reporting the Internal control report to the Board of Directors          
                                                                            Risk Management 4/2          
                                                                            The existence of a detailed risk management manua          
                                                                            Identify the risk management or compliance officer          
                                                                            The reports of risk management or compliance officer          
                                                                            5Fivthly : Legal risks          
                                                                            Legal RisksNon-compliance with laws and regulations 5/1          
                                                                            Violation of laws, regulations and legislation          
                                                                            incorrect Interpretation of legislation          
                                                                            Documentation and filing 5/2          
                                                                            not keeping any required documents          
                                                                            Failure to observe the legal period o retention of documents          
                                                                            Methods and mechanisms of document retention          
                                                                            6Sixthly : Other risks          
                                                                            Other RisksConcerntration Risks 6/1          
                                                                            Increase in Account Recivable for one customer          
                                                                            A large percentage of the company's revenues are coming from one customer          
                                                                            reputation of the company risks 6/2          
                                                                            The company positon towards lawsuit against it and vice versa and their impact          
                                                                            Customer complaints against the company and their effects          
                                                                            The company’s violations of the Authority and the markets and their impact          
                                                                            Others 6/3          
                                                                            Currency exchange risk (in the case of foreign investments)          
                                                                            • Article 6

                                                                              The broker may request the closing of a branch. The Insurance Authority shall issue its decision to approve such closure within 20 work days from the date of submitting the complete application to the Insurance Authority provided that the broker adheres to the following:

                                                                              1. Submit an application for data amendment annotation in the Register.
                                                                                 
                                                                              2. Any party with interest shall have the right to object to the branch closure within one month from the date of publishing the announcement in two local widely-distributed newspaper issued in the UAE, one of them in Arabic. Such objection shall be submitted to the competent authority and the Insurance Authority with the reasons thereof and including all data and rights due from the broker. The branch closure application may not be approved except after the reasons for objection to the closure are elapsed by consent or by court order.
                                                                                 
                                                                              3. The broker shall continue the normal practice of his/its activity until the issuance of the approval decision to close the branch by the Insurance Authority and the competent authority.
                                                                                 
                                                                              4. For a foreign broker branch or a broker established in the UAE free zones, a proof that the parent company has actually approved the branch closure, provided that such proof must be translated in Arabic and certified.
                                                                                 
                                                                              5. The bank guarantee shall be released after 3 months from the date of the Insurance Authority’s approval of the closure, cancelation of the associated license and ensuring that there are no liabilities are owed by the branch to the Insurance Authority, companies and customers arising from its insurance brokerage practice.
                                                                                 
                                                                              6. Notify the relevant competent authorities of the branch closing decision.
                                                                            • Article (7)

                                                                              This Resolution shall be published in the Official Gazette and shall take effect after 60 days of the date of its publication.

                                                                              • Article 7

                                                                                The forms attached to this Decision shall be an integral part thereof and shall be read therewith.

                                                                              • Article 8

                                                                                All concerned parties must implement this decision, and shall become effective on the date of its issuance.