Appendices
 
 

Appendix 1

Regulatory Framework of the Insurance Industry

The Insurance Companies Ordinance (Laws of Hong Kong, Chapter 41) ("ICO") provides a legislative framework for the prudential supervision of the insurance industry in Hong Kong. The objectives of the ICO are to protect the interests of the insuring public and to promote the general stability of the insurance industry. The Commissioner of Insurance is appointed the Insurance Authority ("IA") to administer the ICO.

Regulatory Framework of Insurers

Authorisation Requirements - Any company wishing to carry on insurance business in or from Hong Kong must obtain authorisation from the IA. The minimum requirements for authorisation include those on capital and solvency, fitness and properness of directors and controllers and adequacy of reinsurance arrangements. Applicants for authorisation must also meet the conditions set out in the Authorisation Guidelines promulgated by the IA.

Minimum Capital and Solvency Margin Requirements - An insurer is required to have a minimum amount of paid-up capital and to maintain a surplus of assets over its liabilities of an amount not less than a specified margin of solvency.

Minimum Amounts of Paid-up Capital and Solvency Margin
Type of Insurance Business Minimum Paid-up Capital ($) Minimum Solvency Margin ($)
General Without Statutory Business 10 million 10 million
With Statutory Business 20 million 20 million
Long Term 10 million 2 million
Composite Without Statutory Business 20 million General:
10 million		 Long Term:
2 million
With Statutory Business 20 million General:
20 million
Captive 2 million 2 million

Local Asset Requirement - With the exception of pure reinsurers and captive insurers, an insurer carrying on general insurance business is required to maintain assets in Hong Kong of an amount which is not less than the aggregate of 80% of its net liabilities and the solvency margin applicable to its Hong Kong general insurance business.

Financial Reporting Requirements - An insurer is required to submit annually to the IA the following financial documents:

  Insurers carrying on
General business		 Insurers carrying on
Long Term business
Audited financial statements ü ü
(In accordance with the requirements of the Third Schedule to the ICO)
In respect of general insurance business carried on in or from Hong Kong
  • Audited General Business Returns
  • Audited Statement of Assets & Liabilities
 
ü
ü

(Except captive insurer & pure reinsurer)
 

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—
Actuarial Investigation Report — ü
In respect of long term insurance business carried on in or from Hong Kong
  • Audited revenue account(s), together with the supplementary information
  • Valuation Summary
  • Valuation Balance Sheet, together with the supplementary information
 
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—
—
 
ü
ü
ü

Regulatory Framework of Insurance Intermediaries

Insurance intermediaries operate under a self-regulatory system which is specified under Part X of the ICO.

  Insurance Agent Insurance Broker
Registration

A person is required to be appointed by an insurer and registered with the Insurance Agents Registration Board established under The Hong Kong Federation of Insurers in order to act as an insurance agent. The responsible officer and technical representative of an insurance agent are also required to be registered with the Insurance Agents Registration Board.

An appointed insurance agent shall not represent more than four insurers, of whom no more than two shall be long term business insurers. In addition, he shall not be an authorised insurance broker at the same time.

A person is required to be authorised by the IA or become a member of a body of insurance brokers approved by the IA in order to act as an insurance broker. The chief executive and technical representative of an insurance broker are also required to be registered with the IA or the relevant approved body, as the case may be.

An authorised insurance broker shall not be an appointed insurance agent at the same time.
Administration

An insurance agent, his responsible officer and technical representative have to satisfy the Insurance Agents Registration Board that they are fit and proper and fulfil all the requirements specified under the Code of Practice for the Administration of Insurance Agents issued by The Hong Kong Federation of Insurers.

An insurer has to comply with the Code of Practice for the Administration of Insurance Agents in its administration of insurance agents. An insurer is held responsible for the actions of its appointed insurance agents in their dealings of insurance contracts.

 An insurance broker, its chief executive and technical representative must be fit and proper. Besides, the insurance broker must satisfy the minimum requirements specified by the IA with regard to:
  • qualifications and experience;
  • capital and net assets;
  • professional indemnity insurance;
  • keeping of separate client accounts; and
  • keeping of proper books and accounts.

An insurance broker is required to submit annually to the IA or the relevant approved body of insurance brokers, as appropriate, its audited financial statements together with an auditor's report certifying the broker's continued compliance with the minimum requirements.

An approved body of insurance brokers is also required to submit annually to the IA an auditor's report on the continued compliance with the minimum requirements by all its members.

Insurance Companies Ordinance and Subsidiary Legislation

Insurance Companies Ordinance and Subsidiary Legislation
Insurance Companies Ordinance (Cap. 41)
Insurance Companies (Actuaries' Qualifications) Regulations (Cap.41 sub. leg. A)
Insurance Companies (Register of Insurers) (Prescribed Fee) Regulations (Cap.41 sub. leg. B)
Insurance Companies (Authorisation and Annual Fees) Regulation (Cap.41 sub. leg. C)
Insurance Companies (Miscellaneous Fees) Regulation (Cap.41 sub. leg. D)
Insurance Companies (Determination of Long Term Liabilities) Regulation (Cap.41 sub. leg. E)
Insurance Companies (Margin of Solvency) Regulation (Cap.41 sub. leg. F)
Insurance Companies (General Business) (Valuation) Regulation (Cap.41 sub. leg. G)
Insurance Companies (Actuaries' Standards) Regulation (Cap.41 sub. leg. H)