2010-07-07
Added · Updated
The Insurance Commission of Jordan amended the Reinsurance Standards Instructions to require insurance companies to place 100% of their risks with reinsurers classified in the First and Second Groups, while allowing limited placement with Third and Fourth Group reinsurers subject to prior Director General approval and specific retention requirements. The regulations mandate that companies retain 30% of treaty reinsurance premiums and 15% of local treaty reinsurance premiums for one year, and establish strict deadlines for providing letters of intent and cover notes to the Commission. Additionally, the amendments prioritize dealing with locally licensed reinsurers and brokers, impose internal control obligations, and extend compliance requirements to branches and subsidiaries operating outside the Kingdom.
Official Gazette of the Hashemite Kingdom of Jordan
Amman: Thursday, 13 Dhu al-Qi'dah 1423 AH, corresponding to January 16, 2003 AD. Issue No.: 4581 Issued by the Prime Minister's Office - Official Gazette Directorate
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Instructions No. (4) of 2002 Reinsurance Standards Instructions Issued by the Board of Directors of the Insurance Commission pursuant to the provisions of paragraph (c) of Article (23) of the Insurance Activities Regulation Law No. (33) of 1999
Article (1): These Instructions shall be known as the "Reinsurance Standards Instructions for the Year 2002" and shall come into effect as of January 1, 2003, and be published in the Official Gazette.
Article (2): The words and phrases contained in these Instructions shall have the meanings assigned to them in Article (2) of the Insurance Activities Regulation Law No. (33) of 1999, unless the context indicates otherwise.
Article (3): A. The Board of Directors of the Company shall adopt a reinsurance policy as an integral part of the Company's underwriting policy in its authorized insurance branches, enabling it to meet its obligations. This policy must comply with the provisions of the Law, regulations, and instructions issued thereunder, and must include the following:
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Article (4): In implementation of the reinsurance policy, the Company shall determine the following: A. Underwriting bases according to the insurance branches authorized for the Company, which include the terms and conditions of the insurance policies issued by it and the total risk limits it wishes to underwrite for each branch of insurance. B. Reinsurer coverage limits for each branch of insurance authorized for the Company and subject to treaty reinsurance programs. C. Bases for facultative reinsurance arrangements. D. Net retention limits of the Company for a single risk or a single event, or both, based on the underwritten insurance branch and/or based on the entire underwritten business.
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E. The Company's liability limits based on the assessment of underwritten risks and the cost of their reinsurance, proportionate to the available capital.
Article (5): The sum of shares placed with treaty and/or facultative reinsurers, according to the credit classification set forth in the Solvency Instructions in effect and decisions issued thereunder, from all or any of the insurance companies for each insurance contract, shall be as follows: A. (70%) for the First and Second Groups as a minimum. B. (20%) for the Third Group as a maximum. C. (10%) for the Fourth Group as a maximum.
Article (6): A. The Company shall ensure that reinsurers from the Third and Fourth Groups with whom it wishes to transact business meet the solvency margin ratio according to the Solvency Margin Instructions in effect in the Kingdom, and the Company shall obtain the following information from these reinsurers:
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Article (7): The Company shall provide the Commission annually with the following regarding treaty reinsurance programs: A. Copies of the letters of intent issued by the reinsurers with whom the Company deals, no later than fifteen days from the end of the financial year. The Company shall not issue any insurance policies falling under the type and branch of insurance covered by the letter of intent from the beginning of the next financial year until the Commission has been provided with this letter of intent. B. Copies of cover notes within a period not exceeding thirty days from the beginning of the financial year. C. Copies of reinsurance contracts when available.
Article (8): The Board of Directors of the Company shall adopt an effective internal control system to ensure the implementation of reinsurance programs as follows: A. Providing the Board of Directors of the Company with periodic reports clarifying the effectiveness of the coverage and compensation systems provided by the reinsurance programs adopted by the Company, including information related to underwriting and reinsurance. B. That reinsurance programs in the Company are implemented in accordance with the reinsurance policy approved by its Board of Directors and that these programs meet the Company's underwriting requirements. C. Documenting the underwritten insurance policies and the associated reinsurers and the percentage of placement to each. D. Determining the due dates for reinsurance premiums. E. Informing the relevant reinsurers of their share of claims and ensuring their receipt from reinsurers in a timely manner.
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Article (9): The Auditor shall provide the Commission with a certificate, attached to the Company's final financial statements, indicating the extent to which the reinsurance programs carried out by the Company comply with the provisions of these Instructions and the provisions of the Insurance Activities Regulation Law and the regulations and instructions issued thereunder.
Article (10): A. The Company submitting bids to sell authorized insurance services or wishing to enter into any tenders to purchase insurance services shall comply with the following:
Article (11): The terms and conditions of the reinsurance programs approved between the Company and its reinsurers must be consistent with the terms and conditions of the underwritten risks to ensure that there are no uncovered risks.
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Article (12): Treaty reinsurance programs begin on January 1 and end on December 31 of the year.
Article (13): The Company shall regularize its status in accordance with the provisions of these Instructions as follows: A. Within a period not exceeding three months from the date of entry into force of these Instructions for the purpose of facultative reinsurance arrangements. B. 1. From the date of entry into force of these Instructions for the purpose of treaty reinsurance programs organized during 2003 and ending during 2004. 2. From the beginning of the financial year 2004 for the purpose of treaty reinsurance programs, except as provided in item (1) of paragraph (b) of this Article.
Article (14): The Director General shall issue the necessary decisions to implement the provisions of these Instructions.
Board of Directors of the Insurance Commission
Official Gazette of the Hashemite Kingdom of Jordan
Amman: Sunday, 22 Ramadan 1424 AH, corresponding to November 16, 2003 AD. Issue No.: 4632 Issued by the Prime Minister's Office - Official Gazette Directorate
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Instructions No. (4) of 2003 Amending Instructions for Reinsurance Standards Instructions No. (4) of 2002 Issued by the Board of Directors of the Insurance Commission
Article (1): These Instructions shall be known as the "Amending Instructions for Reinsurance Standards Instructions for the Year 2003" and shall be read together with the Instructions No. (4) of 2002 referred to hereinafter as the "Original Instructions" as a single set of instructions and shall come into effect from the date of their publication in the Official Gazette.
Article (2): Article (2) of the Original Instructions is amended by considering what was stated in paragraph (a) thereof and by adding the following paragraph (b) to it: B. For the purposes of these Instructions, the term "treaty and/or facultative reinsurer" means an insurance company and/or a reinsurance company that conducts reinsurance business placed with it by an insurance company.
Article (3): The text of Article (5) of the Original Instructions is repealed and replaced with the following: A. The sum of shares placed with treaty and/or facultative reinsurers, according to the credit classification set forth in the Solvency Instructions in effect and decisions issued thereunder, from all or any of the insurance companies for each insurance contract during the first three years from the date of entry into force of these Instructions shall be as follows:
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Article (4): Article (6) of the Original Instructions is amended as follows: First: By canceling the numbering in paragraph (a) thereof and renumbering items (1), (2), and (3) thereof to become paragraphs (a), (b), and (c). Second: By repealing the text of paragraph (b) thereof.
Article (5): The Original Instructions are amended as follows: First: By adding the following two Articles after Article (6) contained therein.
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Article (7): A. The Company may deal with any fund and/or insurance pool in accordance with the provisions of Articles (5) and (6) of these Instructions, as appropriate. B. The Company may deal with a fund and/or insurance pool classified in the Third and Fourth Groups exceeding the ratios specified in Article (5) of these Instructions according to controls and conditions determined for this purpose, provided that the Director General is provided with the following for the purpose of obtaining prior approval for this dealing:
Article (8): A. Despite what was stated in Article (5) of these Instructions, the Company accepting a reinsurance share from another company shall comply with the following provisions:
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B. Reinsurance premiums received from within and outside the Kingdom by the Company shall not exceed (25%) of the Company's total insurance premiums as stated in the latest published annual financial statements, in all cases. Second: By renumbering Articles (7-12) contained therein to become (9-14) respectively.
Article (6): The text of Article (7) of the Original Instructions is repealed and replaced with the following: The Company shall provide the Commission annually with the following regarding treaty reinsurance programs: A. A letter of intent issued by the reinsurers indicating the reinsurers' willingness to deal with the Company and the conditions of such dealing, no later than fifteen days from the end of the financial year. The Company shall not issue any insurance policies falling under the type and branch of insurance covered by the letter of intent from the beginning of the next financial year until the Commission has been provided with this letter of intent. B. Copies of cover notes within a period not exceeding thirty days from the beginning of the financial year. C. Evidence that the Company has received reinsurance contracts from the reinsurers when available.
Article (7): Article (10) of the Original Instructions is amended by canceling the word "First" contained in paragraph (b) thereof and replacing it with the phrase "Second as a minimum."
Article (8): The Original Instructions are amended as follows:
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First: By adding the following two Articles after Article (12) contained therein.
Article (15): The Director General may request the Company to cease dealing with a reinsurer, fund, or pool in any of the following cases: A. If it becomes apparent to him that the Company has not complied with the provisions of these Instructions. B. If he has information indicating financial difficulties of the reinsurer, fund, or pool. C. If the reinsurer, fund, or pool has not fulfilled its obligations or is likely to fail to do so or is unable to continue its business. D. If any of the data or documents required pursuant to the provisions of these Instructions and decisions issued thereunder have not been provided to him.
Article (16): The reinsurer, fund, or pool shall be required to provide any data or information requested by the Director General or his delegates from the Commission's staff within the period specified for this purpose. Second: By renumbering Articles (13) and (14) contained therein to become (17) and (18) respectively.
Board of Directors of the Insurance Commission
Official Gazette of the Hashemite Kingdom of Jordan
Amman: Thursday, 14 Muharram 1431 AH, corresponding to December 31, 2009 AD. Issue No.: 5006 Issued by the Prime Minister's Office - Official Gazette Directorate Website: www.Pm.gov.jo
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Instructions No. (10) of 2009 Amending Instructions for Reinsurance Standards Instructions for 2009 Issued by the Board of Directors of the Insurance Commission
Article (1): These Instructions shall be known as the "Amending Instructions for Reinsurance Standards Instructions for 2009" and shall be read together with the Instructions No. (4) of 2002 referred to hereinafter as the "Original Instructions" and any amending instructions thereto as a single set of instructions and shall come into effect thirty days after the date of their publication in the Official Gazette.
Article (2): Article (3) of the Original Instructions is amended as follows: First: By adding item (3) to paragraph (a) thereof with the following text, and renumbering items (3-8) of this paragraph to become items (4-9) respectively: 3. Priority of dealing with a reinsurer licensed by the Commission to conduct reinsurance business in accordance with the provisions of the Law, regulations, instructions, and decisions issued thereunder. Second: By adding the phrase "with giving priority to dealing with a reinsurance broker licensed by the Commission in accordance with the instructions on licensing reinsurance brokers, regulating their business, and their responsibilities in effect" to the end of item (3) of paragraph (a) thereof. Third: By adding items (10) and (11) to it with the following text: 10. The mechanism for the Company's dealing with accumulated risks for each insurance license. 11. Policy for determining the maximum allowed concentration for a reinsurer in reinsurance programs.
Article (3): The Original Instructions are amended by repealing the text of Article (5) thereof and replacing it with the following text:
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A. The Company shall reinsure each of its insurance contracts with reinsurers classified in the First and Second Groups, according to the credit classification set forth in the decision on guidelines for the Solvency Margin Instructions in effect, and the Company shall provide proof that the reinsurer has obtained an interactive credit classification and not a classification based on published data. B. The Company shall retain the amount stated below, which shall be released after one year from the date of retention:
Article (4): The Original Instructions are amended by repealing the text of Article (6) thereof and renumbering Articles (7-16) to become (6-15) respectively.
Article (5): Article (7) of the Original Instructions is amended as follows: First: By canceling the phrase "Articles (5) and (6)" contained in paragraph (a) thereof and replacing it with the phrase "Article (5)", and canceling the phrase "as appropriate" contained in this paragraph. Second: By canceling the beginning of paragraph (b) thereof and replacing it with the following:
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(The Company may deal with a fund and/or insurance pool classified in the Third and Fourth Groups according to the credit classification set forth in the decision on guidelines for the Solvency Margin Instructions in effect, provided that prior approval is obtained from the Director General for this dealing and the Commission is provided with the following for the purpose of obtaining this approval:) Third: By canceling the text of item (4) of paragraph (b) thereof and replacing it with the following text: 4. A copy of the latest annual report of the fund or insurance pool, including audited financial statements.
Article (6): Article (8) of the Original Instructions is amended as follows: First: By canceling the beginning of paragraph (a) thereof and replacing it with the following: A. In implementation of the provisions of the Law, the Company may reinsure insurance contracts for any branch of insurance it conducts with another company authorized to conduct that branch, provided it complies with the following provisions: Second: By canceling the phrase "treaty reinsurer" contained in item (2) of paragraph (a) thereof and replacing it with the phrase "reinsurance company conducting treaty reinsurance business." Third: By adding the phrase "from insurance companies" after the phrase "by re-reinsuring" contained in item (3) of paragraph (a) thereof.
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Fourth: By adding paragraph (c) to it with the following text: C. The provisions of paragraph (b) of this Article shall not apply to reinsurance premiums received by the Company's branches outside the Kingdom. D. The percentage of placement to insurance companies outside the Kingdom shall not exceed the percentage determined by the Director General by a decision issued for this purpose.
Article (7): Article (10) of the Original Instructions is amended by adding item (w) to it with the following text: w. Determining the cases in which the Company incurred a loss resulting from insurance policies that could have been reduced through reinsurance arrangements, due to the Company retaining the entire or a large part of the risk exceeding its capacity to bear it, or due to the reinsurer not paying its share of claims for any reason.
Article (8): The Original Instructions are amended by adding item (c) to Article (12) thereof with the following text: c. The Company shall, in all cases, complete reinsurance arrangements before the effective date of the insurance policy.
Article (9): Article (15) of the Original Instructions is amended by canceling the phrase "with the reinsurer or fund or pool" contained in its beginning and replacing it with the phrase "or determining the nature of dealing with a reinsurer, fund, or insurance pool."
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Article (10): The Original Instructions are amended by adding the following Articles (16) and (17) to it: Article (16): The Company shall provide the Commission with proof that it has taken the necessary measures to grant priority to dealing with a reinsurer licensed by the Commission to conduct reinsurance business and a reinsurance broker licensed by the Commission, in accordance with the provisions of items (3) and (4) of paragraph (a) of Article (3) of these Instructions. Article (17): The Company shall ensure that its branches and affiliated companies conducting insurance business outside the Kingdom apply the provisions of these Instructions and decisions issued thereunder as a minimum of the provisions to be complied with regarding reinsurance standards.
Article (11): The Original Instructions are amended by repealing the text of Article (17) thereof.
Board of Directors of the Insurance Commission
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