Entire Section
PIN 9.3 PIN 9.3 Run-off plans
PIN 9.3.1
This section applies to:
(a)Insurers that are in run-off or that maintainCells orLong-Term Insurance Funds that are in run-off;(b)Insurers that go into run-off or that placeCells orLong-Term Insurance Funds into run-off;(c)Insurers that make a decision to go into run-off or to place aCell orLong-Term Insurance Fund into run-off; and(d)Insurers whose permission to effectContracts of Insurance in respect of their entireInsurance Business or in respect of the entire business of aCell orLong-Term Insurance Fund is withdrawn by theDFSA .
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.2
If an
Insurer takes a decision to go into run-off or to place aCell or aLong-Term Insurance Fund into run-off, theInsurer must, at the same time as the notice referred to in PIN Rule 9.2.2, provide theDFSA with a written run-off plan in respect of theInsurance Business being placed into run-off.
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.3
If the
DFSA withdraws anInsurer's permission to effectContracts of Insurance in respect of theInsurer's entireInsurance Business or the entireInsurance Business of aCell orLong-Term Insurance Fund , theInsurer must, within 28 days of the written notice of withdrawal of permission (or, if later, the period specified in that notice), provide theDFSA with a written run-off plan in respect of thatInsurance Business .
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.4
A run-off plan provided to the
DFSA in accordance with this section must cover the period until all liabilities to policyholders relating to theInsurance Business in run-off are met and must include:(a) an explanation of how, or to what extent, all liabilities to policyholders will be met in full as they fall due;(b) an explanation of how, or to what extent, theInsurer will maintain its compliance with the requirements of PIN chapter 4 until such time as all liabilities to policyholders are met;(c) a description, appropriate to the scale and complexity of theInsurer's business, of theInsurer's business strategy;(d) financial projections showing, in a form appropriate to the scale and complexity of theInsurer's operations, the forecast financial position of theInsurer as at the end of each reporting period during the period to which the run-off plan relates; and(e) an assessment of the sensitivity of the financial position of theInsurer to stress arising from realistic scenarios relevant to the circumstances of theInsurer .
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.5
Where an
Insurer's Insurance Business in run-off relates to aCell or aLong-Term Insurance Fund of thatInsurer , the run-off plan must deal with the matters set out in PIN Rule 9.3.4 so far as they relate to thatCell orLong-Term Insurance Fund .
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.6 PIN 9.3.6
An
Insurer that has provided a written run-off plan to theDFSA must monitor the matters contained in the run-off plan and must notify theDFSA promptly and in writing of any significant departure from the run-off plan.Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.6 Guidance
An
Insurer should decide whether a matter constitutes a significant departure from a run-off plan, having regard to the nature and size of the matter and its materiality relative to the size and complexity of theInsurer and, where relevant, the size and complexity of theCell orLong-Term Insurance Fund concerned. The following matters will normally be considered as representing a significant departure from a run-off plan:a. significant revision of theInsurer's strategy for managing risks, and in particular its strategy for the use of reinsurance;b. a significant deterioration in theInsurer's claims experience, financial position or solvency position (the amount by which theInsurer's capital resources, determined in accordance with the provisions of PIN chapter 4 relevant to thatInsurer , exceed the applicable minimum capital requirements set out in that chapter); orc. any other transaction or circumstance that is likely to have a material effect upon theInsurer's solvency position.
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]PIN 9.3.7
Where an
Insurer has notified a matter to theDFSA in accordance with PIN Rule 9.3.6, theDFSA may by notice in writing require theInsurer to provide an amended run-off plan. TheInsurer must provide an amended run-off plan within 28 days of receipt of the notice, unless the notice specifies a longer period.
Derived from DFSA RM06/2004 (Made 16th September 2004). [VER1/09-04]