2012-10-22

AMF Notice on Filing Annual Returns and Documents for Québec P&C Insurers – Fiscal Year Ending October 31, 2012

The Autorité des marchés financiers requires Québec-licensed property and casualty insurers to electronically file annual returns, audited financial statements, actuarial reports, and a 2013 business plan via its File Transfer Service for the fiscal year ending October 31, 2012. All submissions must adhere to specified electronic formats and deadlines extending from late October to mid-April 2013, while signed paper copies must be retained at the insurer’s premises for examination. Non-compliant or late filings are subject to administrative monetary sanctions under section 405.1 of the Act respecting insurance.

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Notice of the Autorité des marchés financiers relating to filing of annual returns and other documents for the fiscal year ending October 31, 2012 – Damage (“P&C”) insurers licensed in Québec Under An Act respecting insurance, R.S.Q., c. A-32, (the “Act”), every insurer is required to file with the Autorité des marchés financiers (the “AMF” or the "Authority"), in such form as the AMF may determine and within the prescribed time period, the documents and information required under the Act or requested by the AMF pursuant to specific provisions of the Act (the “required or requested documents and information”). All required or requested documents and information must be filed electronically via the AMF website using the File Transfer Service (“FTS”)1 . See Appendix 1 attached to this Notice concerning specific AMF requirements. A complete set of paper copies of the signed documents must be kept at the insurer’s premises so that they are available for examination by the AMF, if necessary. Administrative monetary sanctions Under section 405.1 of the Act, the AMF may impose an administrative sanction where any of the documents referred to in the Appendix are filed late or are not filed. The Notice of the Autorité des marchés financiers related to administrative monetary sanctions imposed for late filing of information or documents (sections 405.1 and following of An Act respecting insurance)2 (the “sanctions framework”) is posted on the AMF website at: http://www.lautorite.qc.ca/en/right-practice-pro.html. We remind you that each insurer is responsible for ensuring that the AMF receives, within the prescribed time periods, all required or requested documents and information in all forms as required.

1 Decision no. 2012-PDG-0106 (in French only) dated June 5, 2012 and published in the AMF Bulletin of June 7, 2012, vol. 9, no. 23, section 5.6. 2 Update published in the AMF Bulletin (in French only) dated June 7, 2012, vol. 9, no. 23, section 5.1.

Electronic submission of financial returns and other documents The File Transfer Service (FTS) User Guide explains the procedure for submitting data via the AMF website. To consult this guide, access the FTS and click on Help. The Guide – Specific File Transfer Service (FTS) Requirements outlines the specific requirements of the Direction principale de la surveillance des assureurs (AMF Main Supervision of Insurers Section), including file names to be used. Please note that a revised version of the Guide will be available in November 2012. The latest version of the Guide is available at http://www.lautorite.qc.ca/en/financial-returns-pro.html. Further information Further information is available by sending an e-mail to info-divulgations@lautorite.qc.ca. October 25, 2012

APPENDIX 1 Unstructured Return Code File Format Due date

  1. P&C-1 Annual Return, duly signed. The pdf file must be complete, in printable format, and conform with the "paper" version kept on file at the insurer's premises. It must include, among others, the following documents:
  • Annual corporate information (pages 10,16 and 10,17) (new)
  • Corporate organization chart (page 10,30)
  • Statement of cash flows (page 20,52)
  • Notes to the financial statements (page 20,60)
  • Duly signed Auditor's report (page 20,70)
  • Duly signed Appointed actuary's report (page 20,80)
  • Duly signed Certification by director's (page 99,10)
  • Duly signed Auditor's report on MCT (new) Hyperlink to instructions and updated form: http://www.osfi-bsif.gc.ca/osfi/index_e.aspx?DetailID=671
  1. P&C-1 Annual Return.

excel ASCII December 31, 2012 3. Attestation of Compliance of Versions (P&C-1), duly signed. http://www.lautorite.qc.ca/en/financial-returns-pro.html 4. Copy of major letters of credit and confirmations from trustees of deposits held for the account of the insurer reported on page 70.38 of the annual return. These confirmations must include the following or similar wording: “We confirm that we are holding deposits on behalf of (name of insurer) in the amount of $____ for the account of (name of reinsurer) as at October 31, 2012.” (if applicable). 180 pdf December 31, 2012 5. Business Plan for the year 2013. The Business Plan should include a forecast of the Balance Sheet, the Income Statement and the Minimum Capital Test (MCT). 190 pdf December 31, 2012 6. Audited consolidated financial statements presented to shareholders or members with the auditor’s report, duly signed ("Official" version). 200 Searchable pdf file December 31, 2012 (new) 7. Annual report prepared for shareholders or members (if applicable), as soon as possible. 200 pdf 8. Financial statements of the insurer, and subsidiaries, affiliates and other consolidated entities in which the insurer has an ownership interest (if applicable). 300 Searchable pdf file December 31, 2012 9. Appointed actuary’s report on policy liabilities, including certificate, duly signed. 400 Searchable pdf file December 31, 2012 10. Data from the Unpaid Claims and Loss Ratio Exhibits. http://www.lautorite.qc.ca/en/policy-liabilities-report-pro.html 11. Peer review - Appointed actuary's report. 440 pdf Note 1 12. Dynamic Capital Adequacy Testing - DCAT, duly signed. (The updated instructions will be available on the AMF Website at the latest March 2013). 500 Searchable pdf file October 31, 2013 13. Excel File related to certain DCAT data. 510 excel October 31, 2013 14. Peer review - DCAT. 520 pdf Note 1 15. Earthquake Exhibits (excel) or a pdf signed letter confirming no exposure in respect of earthquake. http://www.lautorite.qc.ca/en/earthquake-pro.html 740 .xls/.xlsx or pdf April 15, 2013 Note 1 : 30 days after transmission to the Audit Committee or the Chief Representative in Canada. DOCUMENTS TO BE FILED BY P&C INSURERS LICENSED IN QUÉBEC FOR FISCAL YEAR ENDING OCTOBER 31, 2012 FEDERAL P&C INSURERS Name of document

  • pdf December 31, 2012 110 pdf December 31, 2012
  • ASCII December 31, 2012