2014-12-28
The Insurance Authority of the United Arab Emirates issued Board Decision Number 26 of 2014 to establish comprehensive financial regulations for Takaful insurance companies. The document mandates strict requirements for investment policies, solvency margins, technical provisions, and accounting standards to ensure Sharia-compliant operations and financial stability. It further outlines obligations for record-keeping, reporting, and penalties for non-compliance to protect participants and maintain market integrity.
Insurance Authority United Arab Emirates Board of Directors’ Decision Number (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies
Financial Regulations for Takaful Insurance Companies Page 3 of 118 Table of Contents Insurance Authority Board Decision .................................................................................... 7 Preamble ............................................................................................................................... 8 First Article – Glossary ..................................................................................................... 8 Second Article – Glossary Application ............................................................................. 11 Third Article – Regulations Application ........................................................................... 11 Part One: Financial Regulations for Takaful Insurance Companies .................................... 12 Fourth Article – Financial Regulations ............................................................................. 12 Section 1 Regulations Pertinent to the Basis of Investing the Rights of the Participants – Takaful ............................................................................................................................ 13 Section (1) Regulations Pertinent to the Basis of Investing the Rights of the Participants – Takaful ............................................................................................................................ 14 Article (1) – General Requirements for Investments ..................................................... 14 Article (2) – General rules for investment policy .......................................................... 15 Article (3) – Asset distribution and allocation limits ..................................................... 16 Article (4) – Compliance period for concentration and asset allocation limits .............. 17 Article (5) – Investment related risks ............................................................................. 17 Article (6) – Domiciling of investments ........................................................................ 18 Article (7) – Derivatives ................................................................................................. 18 Article (8) – Investment outsourced activities ............................................................... 18 Article (9) – Borrowed Funds ........................................................................................ 19 Article (10) – Reporting Requirements to the Authority ............................................... 19 Article (11) – Addendums .............................................................................................. 19 Addendums to Section 1 Basis of Investing the Rights of the Participants – Takaful ........................................ 21 Addendum (1) ............................................................................................................. 22 Addendum (2) ............................................................................................................. 24 Addendum (3) ............................................................................................................. 26 Addendum (4) ............................................................................................................. 28 Addendum (5) ............................................................................................................. 29 Section 2 Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund – Takaful ............................................................................................................................ 31 Section (2) Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund – Takaful ............................................................................................................................ 32 Article (1) – Minimum Capital Requirement ................................................................. 32 Article (2) – Minimum Guarantee Fund ........................................................................ 32 Article (3) – Group Capital Adequacy ........................................................................... 32 Article (4) – Solvency Margin ....................................................................................... 32 Article (5) – Risk Assessment and Evaluation of Solvency in Main Areas of Risk ...... 34 Article (6) – Risk Management System ......................................................................... 34
Financial Regulations for Takaful Insurance Companies Page 4 of 118 Article (7) – Own Funds ................................................................................................. 34 Article (8) – Maintenance of Solvency Margin .............................................................. 35 Article (9) – Reporting Requirements for Solvency ....................................................... 36 Article (10) – Reporting Requirements for Financial Condition Report ........................ 36 Article (11) – Limits for assets to be considered for Solvency ...................................... 36 Article (12) – Addendums .............................................................................................. 37 Addendums to Section 2 Solvency Margin and Minimum Guarantee Fund – Takaful ....................................... 39 Addendum (1) .............................................................................................................. 40 Addendum (2) .............................................................................................................. 41 Section 3 Regulations Pertinent to the Basis of Calculating the Technical Provisions – Takaful .. 43 Section (3) Regulations Pertinent to the Basis of Calculating the Technical Provisions – Takaful .. 44 Article (1) – Types of Technical Provisions ................................................................... 44 Article (2) – Technical Provisions .................................................................................. 44 Article (3) – Calculation of Technical Provisions .......................................................... 44 Article (4) – Actuarial Requirements for Technical Provisions ..................................... 46 Article (5) – Reporting Requirements to the Authority .................................................. 46 Article (6) – Addendums ................................................................................................ 47 Addendums to Section 3 Basis of Calculating the Technical Provisions – Takaful ............................................ 49 Addendum (1) .............................................................................................................. 50 Addendum (2) .............................................................................................................. 52 Addendum (3) .............................................................................................................. 54 Section 4 Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities ......................................................................................... 57 Section (4) Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities ......................................................................................... 58 Article (1) – General Rules for Asset Valuation ............................................................ 58 Article (2) – Limits for assets to be considered for Solvency ........................................ 59 Article (3) – Addendum .................................................................................................. 59 Addendum to Section 4 Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities ..................................................................................................................... 61 Addendum ....................................................................................................................62 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 .............................................................................................. 65 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 .............................................................................................. 66
Financial Regulations for Takaful Insurance Companies Page 5 of 118 Article (1) – General Requirements for Records ........................................................... 66 Article (2) – Period of Retention for Records ................................................................ 66 Article (3) – Types of Records ....................................................................................... 66 Article (4) – Examination of Records ............................................................................ 67 Article (5) – Records for Agents .................................................................................... 68 Article (6) – Records for Brokers ................................................................................... 69 Article (7) – Addendum ................................................................................................. 69 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 ........ 71 Addendum ................................................................................................................... 72 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 ......................................................................... 75 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 ......................................................................... 76 Article (1) – Types of Accounting Books ...................................................................... 76 Article (2) – Records for Agents .................................................................................... 77 Article (3) – Records for Brokers ................................................................................... 77 Article (4) – Auditing of Accounting Books .................................................................. 77 Article (5) – Addendums ................................................................................................ 78 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 ...................................................................................................... 79 Addendum (1) ............................................................................................................. 80 Addendum (2) ............................................................................................................. 80 Section 7 Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements– Takaful ..................... 83 Section (7) Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements – Takaful .................... 84 Article (1) – Preparation of Financial Statements .......................................................... 84 Article (2) – Amendments to Financial Statements ....................................................... 84 Article (3) – Wakala and Mudaraba’ Fees ..................................................................... 84 Article (4) – Surplus/Deficit Allocation ......................................................................... 85 Article (5) – Reporting Requirements ............................................................................ 86 Article (6) – Addendums & Appendix ........................................................................... 87 Addendums to Section 7 Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements– Takaful ...................................................... 89 Addendum (1) ............................................................................................................. 90 Addendum (2) ............................................................................................................. 90
Financial Regulations for Takaful Insurance Companies Page 6 of 118 Appendix 1 Financial Statement Forms .......................................................................................... 93 Part Two: General Provisions ............................................................................................... 117 Fifth Article – Penalties ..................................................................................................... 117 Sixth Article – Issuing Decrees ......................................................................................... 117 Seventh Article – Aligning Operations .............................................................................. 117 Eighth Article – Publishing the Regulations and Acting on Them ................................... 118
Financial Regulations for Takaful Insurance Companies Page 7 of 118 Insurance Authority Board Decision Number (26) of 2014 Pertinent to Financial Regulations for Takaful Insurance Companies 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 1 The Basis of Investing the Rights of the Participants - Takaful. Section 2 The Solvency Margin and Minimum Guarantee Fund - Takaful. Section 3 The Basis of Calculating the Technical Provisions - Takaful. Section 4 Determining the Takaful Operator’s assets that meet the accrued insurance liabilities. Section 5 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 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 Accounting policies to be adopted and the necessary forms needed to prepare reports and financial statements and presentations – Takaful. Part Two: General Provisions.
Financial Regulations for Takaful Insurance Companies Page 8 of 118 Preamble First Article – Glossary The following words and expression shall bear the meaning indicated beside each 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 Regulations The Executive Regulation of the Federal Law. Minister The Minister of Economy. Authority The Insurance Authority established by virtue of the provision of the Federal Law. Board Board of Directors of the Insurance Authority. Director General Director General of the Insurance Authority. The Company The 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 Directors Board of Directors of the Company or its equivalent in the governance structure of Foreign Takaful Operators. Takaful Insurance A 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. Participant The 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. Contribution The amount which the participant undertakes to pay as an
Financial Regulations for Takaful Insurance Companies Page 9 of 118 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 Policy The 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 Document The 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 Insurance Property 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 Persons It 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 Provisions The provisions which the insurer (the Company) must deduct and maintain to meet the insured’s accrued financial liabilities as per Law's stipulations. Actuary The person who estimates values of the insurance contracts, documents and the related accounts. Risk Management Policy The 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 Appetite The degree of risk that the Company and Board of Directors are willing to accept in respect of conducting the business. Derivatives A 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). Investments The act of investing, laying out money or capital by a Company with the expectation of profit. Hedging To invest in a manner that reduces the risks related to
Financial Regulations for Takaful Insurance Companies Page 10 of 118 underlying assets or liabilities. Total Invested Assets The sum of all assets held for investment purposes, including derivatives or other hedging instruments and cash. Admissible Assets The 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 Margin Funds 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 Requirement The minimum capital required to be maintained by a Company at all times as directed by the Authority. Own Funds The capital that an insurance Company has available to meet solvency requirements, which includes Admissible Assets less liabilities. 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 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.
Financial Regulations for Takaful Insurance Companies Page 11 of 118 Mathematical Reserve Provisions 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 Auditor The External auditor licensed to operate in the State. Authority Examiners Employees of the Authority, or delegated personnel, authorized to perform examination and inspection of Company records, transactions and documents. Insurance Agent The person approved and authorized by the Company to carry out insurance operation on its behalf or in behalf of any branch thereof. Beneficiary The 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 Surplus The 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 Policies Insurance plans that provide the option to invest in any number of qualified investments, such as stock, bonds, mutual funds. 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.
Financial Regulations for Takaful Insurance Companies Page 12 of 118 Part One: Financial Regulations for Takaful Insurance Companies 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
Financial Regulations for Takaful Insurance Companies Page 13 of 118 Section 1 Regulations Pertinent to the Basis of Investing the Rights of the Participants – Takaful
Financial Regulations for Takaful Insurance Companies Page 14 of 118 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:
Financial Regulations for Takaful Insurance Companies Page 15 of 118 Article (2) – General rules for investment policy
Financial Regulations for Takaful Insurance Companies Page 16 of 118 12. Further guidance on the Investment policy in Addendum (2) of the regulations herein shall be applied. Article (3) – Asset distribution and allocation limits
Financial Regulations for Takaful Insurance Companies Page 17 of 118 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: Article (4) – Compliance period for concentration and asset allocation limits
Financial Regulations for Takaful Insurance Companies Page 18 of 118 3. Further guidance on investment related risks in Addendum (3) of the regulations herein shall be applied. Article (6) – Domiciling of investments
Financial Regulations for Takaful Insurance Companies Page 19 of 118 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
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Financial Regulations for Takaful Insurance Companies Page 21 of 118 Addendums to Section 1 Basis of Investing the Rights of the Participants – Takaful
Financial Regulations for Takaful Insurance Companies Page 22 of 118 Addendum (1)
Financial Regulations for Takaful Insurance Companies Page 23 of 118 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:
Financial Regulations for Takaful Insurance Companies Page 24 of 118 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)
Financial Regulations for Takaful Insurance Companies Page 25 of 118 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
Financial Regulations for Takaful Insurance Companies Page 26 of 118 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)
Financial Regulations for Takaful Insurance Companies Page 27 of 118 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:
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Financial Regulations for Takaful Insurance Companies Page 29 of 118 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)
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Financial Regulations for Takaful Insurance Companies Page 31 of 118 Section 2 Regulations Pertinent to the Solvency Margin and Minimum Guarantee Fund – Takaful
Financial Regulations for Takaful Insurance Companies Page 32 of 118 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: A. AED 100 million for Takaful operators. B. AED 250 million for Re-Takaful operators. Article (2) – Minimum Guarantee Fund
Financial Regulations for Takaful Insurance Companies Page 33 of 118 c) The Solvency Capital Requirement should cover the following risks:
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Financial Regulations for Takaful Insurance Companies Page 35 of 118 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
Financial Regulations for Takaful Insurance Companies Page 36 of 118 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
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Financial Regulations for Takaful Insurance Companies Page 39 of 118 Addendums to Section 2 Solvency Margin and Minimum Guarantee Fund – Takaful
Financial Regulations for Takaful Insurance Companies Page 40 of 118 Addendum (1) Risk Assessment and Evaluation of Solvency in Main Areas of Risk
Financial Regulations for Takaful Insurance Companies Page 41 of 118 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)
Financial Regulations for Takaful Insurance Companies Page 42 of 118 3) Credit Risk; and 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:
Financial Regulations for Takaful Insurance Companies Page 43 of 118 Section 3 Regulations Pertinent to the Basis of Calculating the Technical Provisions – Takaful
Financial Regulations for Takaful Insurance Companies Page 44 of 118 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:
Financial Regulations for Takaful Insurance Companies Page 45 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 46 of 118 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 ReTakaful. Article (4) – Actuarial Requirements for Technical Provisions The following provisions apply to the actuarial requirements for technical provision:
Financial Regulations for Takaful Insurance Companies Page 47 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 48 of 118
Financial Regulations for Takaful Insurance Companies Page 49 of 118 Addendums to Section 3 Basis of Calculating the Technical Provisions – Takaful
Financial Regulations for Takaful Insurance Companies Page 50 of 118 Addendum (1) When calculating the Incurred But Not Reported (IBNR) provisions the following should be considered:
Financial Regulations for Takaful Insurance Companies Page 51 of 118 Examination and validation of basic data
Financial Regulations for Takaful Insurance Companies Page 52 of 118 Claims cost trends
Financial Regulations for Takaful Insurance Companies Page 53 of 118 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 paidup 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. 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.
Financial Regulations for Takaful Insurance Companies Page 54 of 118 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. 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 Takaful operator: Name of Actuary: Insurance activity practiced by the company: Section 1 – The Takaful operator and its business:
Financial Regulations for Takaful Insurance Companies Page 55 of 118 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
Financial Regulations for Takaful Insurance Companies Page 56 of 118 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
Financial Regulations for Takaful Insurance Companies Page 57 of 118 Section 4 Regulations Pertinent to Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities
Financial Regulations for Takaful Insurance Companies Page 58 of 118 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:
Financial Regulations for Takaful Insurance Companies Page 59 of 118 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:
Financial Regulations for Takaful Insurance Companies Page 60 of 118
Financial Regulations for Takaful Insurance Companies Page 61 of 118 Addendum to Section 4 Determining the Takaful Operator’s Assets that Meet the Accrued Insurance Liabilities
Financial Regulations for Takaful Insurance Companies Page 62 of 118 Addendum Measurement of Assets for the purpose of calculation of the solvency margin shall be as detailed below:
Financial Regulations for Takaful Insurance Companies Page 63 of 118 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 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:
Financial Regulations for Takaful Insurance Companies Page 64 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 65 of 118 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
Financial Regulations for Takaful Insurance Companies Page 66 of 118 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
Financial Regulations for Takaful Insurance Companies Page 67 of 118
Financial Regulations for Takaful Insurance Companies Page 68 of 118 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
Financial Regulations for Takaful Insurance Companies Page 69 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 70 of 118
Financial Regulations for Takaful Insurance Companies Page 71 of 118 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
Financial Regulations for Takaful Insurance Companies Page 72 of 118 Addendum
Financial Regulations for Takaful Insurance Companies Page 73 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 74 of 118
Financial Regulations for Takaful Insurance Companies Page 75 of 118 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
Financial Regulations for Takaful Insurance Companies Page 76 of 118 Section (6) Regulations Pertinent tothe 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
Financial Regulations for Takaful Insurance Companies Page 77 of 118 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
Financial Regulations for Takaful Insurance Companies Page 78 of 118
Financial Regulations for Takaful Insurance Companies Page 79 of 118 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
Financial Regulations for Takaful Insurance Companies Page 80 of 118 Addendum (1)
Financial Regulations for Takaful Insurance Companies Page 81 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 82 of 118
Financial Regulations for Takaful Insurance Companies Page 83 of 118 Section 7 Regulations Pertinent to Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements– Takaful
Financial Regulations for Takaful Insurance Companies Page 84 of 118 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
Financial Regulations for Takaful Insurance Companies Page 85 of 118 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
Financial Regulations for Takaful Insurance Companies Page 86 of 118 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
Financial Regulations for Takaful Insurance Companies Page 87 of 118
Financial Regulations for Takaful Insurance Companies Page 88 of 118
Financial Regulations for Takaful Insurance Companies Page 89 of 118 Addendums to Section 7 Accounting policies to be adopted and the necessary forms needed to prepare and present reports and financial statements– Takaful
Financial Regulations for Takaful Insurance Companies Page 90 of 118 Addendum (1)
Financial Regulations for Takaful Insurance Companies Page 91 of 118 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
Financial Regulations for Takaful Insurance Companies Page 92 of 118 e) Information about the Company’s basic organizational structure, including a clear description of the lines of business and legal entity structures.
Financial Regulations for Takaful Insurance Companies Page 93 of 118 Appendix 1 Financial Statement Forms
Financial Regulations for Takaful Insurance Companies Page 94 of 118 Appendix (1) Takaful Insurance Company Financial Statement Forms (with Disclosures) Consolidated Financial Position for Takaful Insurance Company as of Day, Month, 20XX Notes 20XX 20YY AED AED 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
Financial Regulations for Takaful Insurance Companies Page 95 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 96 of 118 Consolidated Income Statement for Takaful Insurance Company for the period ended Day, Month, 20XX Notes 20XX 20YY AED AED 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
Financial Regulations for Takaful Insurance Companies Page 97 of 118
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
Financial Regulations for Takaful Insurance Companies Page 98 of 118 Consolidated Comprehensive Income Statement for Takaful Insurance Company for the period ended Day, Month, 20XX Notes 20XX 20YY AED AED 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
Financial Regulations for Takaful Insurance Companies Page 99 of 118 Consolidated Cash Flow for Takaful Insurance Company for the period ended Day, Month, 20XX Notes 20XX 20YY AED AED
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
Financial Regulations for Takaful Insurance Companies Page 100 of 118 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 Notes Share Capital Retained Earnings Reserves Cumulative Change in Investments Through other Comprehensive Income Total Equity Attributable to Shareholders of the Company Minority Interest Foreign currency translation adjustments Total equity As at XX Month 20XX XXXAED 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 Regulations for Takaful Insurance Companies Page 101 of 118 Financial Position for Takaful Insurance Company for Persons as of Day, Month, 20XX Notes 20XX 20YY AED AED 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:
Financial Regulations for Takaful Insurance Companies Page 102 of 118 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
Financial Regulations for Takaful Insurance Companies Page 103 of 118 Income Statement for Takaful Insurance of Persons Company for the period ended Day, Month, 20XX Notes 20XX 20YY AED AED 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
Financial Regulations for Takaful Insurance Companies Page 104 of 118 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 Regulations for Takaful Insurance Companies Page 105 of 118 Financial Position for Property and Liability Takaful Operator as of Day, Month, 20XX Notes 20XX 20YY AED AED 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
Financial Regulations for Takaful Insurance Companies Page 106 of 118 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
Financial Regulations for Takaful Insurance Companies Page 107 of 118 Income Statement for Property and Liability Takaful Operator for the period ended Day, Month, 20XX Notes 20XX 20YY AED AED 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
Financial Regulations for Takaful Insurance Companies Page 108 of 118 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
Financial Regulations for Takaful Insurance Companies Page 109 of 118 Notes to the Financial Statements
Financial Regulations for Takaful Insurance Companies Page 110 of 118 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
Financial Regulations for Takaful Insurance Companies Page 111 of 118 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, reTakaful 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
Financial Regulations for Takaful Insurance Companies Page 112 of 118 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
Financial Regulations for Takaful Insurance Companies Page 113 of 118 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.
Financial Regulations for Takaful Insurance Companies Page 114 of 118 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 reTakaful 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)
Financial Regulations for Takaful Insurance Companies Page 115 of 118
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 ReTakaful 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)
Financial Regulations for Takaful Insurance Companies Page 116 of 118
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
Financial Regulations for Takaful Insurance Companies Page 117 of 118 Part Two: General Provisions 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. Sixth Article – Issuing Decrees The Director General of the Authority issues the required decrees and forms to enforce the instructions of these regulations. Seventh Article – Aligning Operations A. The Company shall align their operations to the covenants of the regulations herein according to the timeframes below:
Financial Regulations for Takaful Insurance Companies Page 118 of 118 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. Engineer Sultan Bin Saeed Al Mansouri The Minister of Economy Chairman of the Board of the Insurance Authority Issued in Abu Dhabi Date: 6 / Rabi’ Al- Awwal / 1436 Hijri Corresponding to: 28 / December / 2014 AD