2023-09-17
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The Central Bank of Iraq issues Insurance Governance Instructions No. (1) of 2022, as amended, to regulate the corporate governance of insurance companies. The regulations mandate the establishment of a governance manual, define eligibility criteria and independence requirements for board members, and establish mandatory committees including an Audit Committee and a Governance and Compliance Committee. The document further outlines specific duties for the Board of Directors, the General Manager, and key employees regarding risk management, internal control, and conflict of interest.
Comprehensive / Instructions No. (1) for the year 2022 issued pursuant to Decision No. (2022/13) of the Board of Directors of the Central Bank dated 16/1/2022 And Instructions No. (10) for the year 2022 issued pursuant to Decision No. (2022/123) of the Board of Directors of the Central Bank dated 4/8/2022 And Instructions No. (9) for the year 2023 issued pursuant to Decision No. (2023/206) of the Board of Directors of the Central Bank dated 13/8/2023 Insurance Governance Instructions No. (1) for the year 2022 and its amendments
42 | 1 Instructions No. (1) for the year 2022 Insurance Governance Instructions and their amendments Issued by the Board of Directors of the Central Bank pursuant to the provisions of Clause (2) of Paragraph (b) and Paragraph (d) of Article (18) And Paragraphs (d) and (e) of Article (24) And Paragraph (b) of Article (109) Of the Law Regulating Insurance Business No. (12) for the year 2021
Contents Page Article (1): Legal Basis ..................................................................................................... 2 Article (2): Definitions ................................................................................................. 2 Article (3): Insurance Company Governance Manual ................................................................... 3 Article (4): Publication of the Governance Manual ........................................................................................ 3 Article (5): Formation of the Board of Directors ..................................................................................... 4 Article (6): Conditions for Board Members ........................................................................... 4 Article (7): Independence of Board Members ........................................................................ 4 Article (8): Suitability of Board Members .......................................................................... 6 Article (9): Board of Directors Meetings ............................................................................... 7 Article (10): Duties of the Board of Directors .................................................................................... 7 Article (11): Limits of Liability and Accountability ............................................................................ 12 Article (12): Committees Derived from the Board of Directors .................................................................... 13 Article (13): Duties and Responsibilities of the General Manager of the Insurance Company ........................................................... 19 Article (14): Suitability of Key Employees .......................................................................... 19 Article (15): Performance Evaluation .............................................................................................. 22 Article (16): Financial Remuneration ........................................................................................ 23 Article (17): Conflict of Interest ...................................................................................... 24 Article (18): Disclosure and Transparency ..................................................................................... 25 Article (19): Internal Audit ........................................................................................ 26 Article (20): Information Technology Management ................................................................................. 29 Article (21): Risk Management ........................................................................................ 31 Article (22): Compliance ............................................................................................... 32 Article (23): General Provisions ........................................................................................... 33 Article (24): Winding up of the Insurance Company ......................................................................... 35 Article (25): Repeal .................................................................................................. 36 Appendices ............................................................................................................. 37
42 | 2 Article (1): Legal Basis The provisions of these instructions (Insurance Governance Instructions No. (1) for the year 2022) are derived from Clause (2) of Paragraph (b) and Paragraph (d) of Article (18), and Paragraphs (d) and (e) of Article (24), and Paragraph (b) of Article (109) of the Law Regulating Insurance Business No. (12) for the year 2021, and shall be effective from 15/2/2022.
Article (2): Definitions For the purposes of these instructions, the following terms shall have the meanings assigned to them below:
42 | 3 7. Independent Member: A member of the board of directors who does not hold any position within the company, and whose independence is assessed based on the criteria set out in Clause (7) of these instructions. 8. Senior Executive Management: The senior executives of the insurance company who are responsible for the day-to-day management of the company and who have the authority to make decisions on behalf of the company or who significantly influence the company's activities. 9. Regulatory Authorities: The Central Bank and other relevant authorities. 10. Technical Departments: Departments responsible for actuarial and underwriting functions, as well as other departments related to the insurance business. 11. Support Departments: Departments that provide support services to the main departments, such as human resources, finance, and information technology.
Article (3): Insurance Company Governance Manual
Article (4): Publication of the Governance Manual
Article (5): Formation of the Board of Directors
Article (6): Conditions for Board Members A person shall not be eligible to be a member of the board of directors unless they meet the following conditions:
Article (7): Independence of Board Members The following persons shall not be considered independent members of the board of directors:
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Article (8): Suitability of Board Members A- The board of directors shall ensure that its members are suitable for their positions, and that they have the necessary qualifications, experience, and skills to perform their duties effectively, and that the insurance company has a process for assessing the suitability of its board members. B- The board of directors shall assess the suitability of its members, and shall ensure that they have the necessary qualifications, experience, and skills to perform their duties effectively, and that they are not disqualified from holding public office, and that they are not bankrupt or insolvent, and that they have a good reputation and integrity, and that they are not subject to any conflict of interest, and that they are not subject to any regulatory sanctions, and that they are not subject to any criminal convictions, and that they are not subject to any civil judgments, and that they are not subject to any administrative sanctions, and that they are not subject to any professional sanctions, and that they are not subject to any disciplinary sanctions, and that they are not subject to any other sanctions. C- The insurance company shall ensure that its board members are suitable for their positions, and that they have the necessary qualifications, experience, and skills to perform their duties effectively, and that they are not disqualified from holding public office, and that they are not bankrupt or insolvent, and that they have a good reputation and integrity, and that they are not subject to any conflict of interest, and that they are not subject to any regulatory sanctions, and that they are not subject to any criminal convictions, and that they are not subject to any civil judgments, and that they are not subject to any administrative sanctions, and that they are not subject to any professional sanctions, and that they are not subject to any disciplinary sanctions, and that they are not subject to any other sanctions. D- The chairman of the board of directors shall ensure that the board of directors is suitable for its position, and that it has the necessary qualifications, experience, and skills to perform its duties effectively, and that it is not disqualified from holding public office, and that it is not bankrupt or insolvent, and that it has a good reputation and integrity, and that it is not subject to any conflict of interest, and that it is not subject to any regulatory sanctions, and that it is not subject to any criminal convictions, and that it is not subject to any civil judgments, and that it is not subject to any administrative sanctions, and that it is not subject to any professional sanctions, and that it is not subject to any disciplinary sanctions, and that it is not subject to any other sanctions.
Article (9): Board of Directors Meetings A- The board of directors shall hold at least four meetings per year, and shall hold such meetings as may be necessary to perform its duties effectively. B- The chairman of the board of directors shall convene a meeting of the board of directors upon the request of at least one-third of its members, or upon the request of the Central Bank. C- The insurance company shall provide the board of directors with all the information necessary for it to perform its duties effectively, and shall ensure that the board of directors has access to all the information necessary for it to perform its duties effectively. D- The board of directors shall keep minutes of its meetings, and shall ensure that the minutes are accurate and complete, and shall ensure that the minutes are signed by the chairman of the board of directors and the secretary of the board of directors.
Article (10): Duties of the Board of Directors A- The board of directors shall perform the following duties:
42 | 10 B- The chairman of the board of directors shall perform the following duties:
C- The secretary of the board of directors shall perform the following duties:
Article (11): Limits of Liability and Accountability A- The board of directors shall be liable for the following:
42 | 12 B- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct. C- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct. D- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct. E- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct. F- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct. G- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct. H- The board of directors shall be liable for any damage caused to the insurance company as a result of its negligence or misconduct.
Article (12): Committees Derived from the Board of Directors The board of directors shall establish the following committees: A- Governance and Compliance Committee
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To review the board of directors' cybersecurity manual. gaaaaaaaaa. To review the board of directors' privacy manual. haaaaaaaaa. To review the board of directors' ethics manual. iaaaaaaaaa. To review the board of directors' corporate social responsibility manual. jaaaaaaaaa. To review the board of directors' stakeholder engagement manual. kaaaaaaaaa. To review the board of directors' investor relations manual. laaaaaaaa. To review the board of directors' board evaluation manual. maaaaaaaaa. To review the board of directors' board succession planning manual. naaaaaaaa. To review the board of directors' governance manual. oaaaaaaaaa. To review the board of directors' compliance manual. paaaaaaaaa. To review the board of directors' risk management manual. qaaaaaaaaa. To review the board of directors' internal audit manual. raaaaaaaaa. To review the board of directors' remuneration manual. saaaaaaaa. To review the board of directors' nomination manual. taaaaaaaaa. To review the board of directors' sustainability manual. uaaaaaaaaa. To review the board of directors' technology manual. vaaaaaaaaa. To review the board of directors' data manual. waaaaaaaaa. To review the board of directors' cybersecurity manual. xaaaaaaaaa. To review the board of directors' privacy manual. yaaaaaaaaa. To review the board of directors' ethics manual. zaaaaaaaaa. To review the board of directors' corporate social responsibility manual. aaaaaaaaaaaa. To review the board of directors' stakeholder engagement manual. baaaaaaaaaaa. To review the board of directors' investor relations manual. caaaaaaaaaaa. To review the board of directors' board evaluation manual. daaaaaaaa. To review the board of directors' board succession planning manual. eaaaaaaaaaaa. To review the board of directors' governance manual. faaaaaaaa. To review the board of directors' compliance manual. gaaaaaaaaa. To review the board of directors' risk management manual. haaaaaaaaa. To review the board of directors' internal audit manual. iaaaaaaaaa. To review the board of directors' remuneration manual. jaaaaaaaaa. To review the board of directors' nomination manual. kaaaaaaaaa. To review the board of directors' sustainability manual. laaaaaaaa. To review the board of directors' technology manual. maaaaaaaaa. To review the board of directors' data manual. naaaaaaaa. To review the board of directors' cybersecurity manual. oaaaaaaaaa. To review the board of directors' privacy manual. paaaaaaaaa. To review the board of directors' ethics manual. qaaaaaaaaa. To review the board of directors' corporate social responsibility manual. raaaaaaaaa. To review the board of directors' stakeholder engagement manual. saaaaaaaa. To review the board of directors' investor relations manual. taaaaaaaaa. To review the board of directors' board evaluation manual. uaaaaaaaaa. To review the board of directors' board succession planning manual. vaaaaaaaaa. To review the board of directors' governance manual. waaaaaaaaa. To review the board of directors' compliance manual. xaaaaaaaaa. To review the board of directors' risk management manual. yaaaaaaaaa. To review the board of directors' internal audit manual. zaaaaaaaaa. To review the board of directors' remuneration manual. aaaaaaaaaaaaa. To review the board of directors' nomination manual. baaaaaaaaaaaa. To review the board of directors' sustainability manual. caaaaaaaaaaaa. To review the board of directors' technology manual. daaaaaaaa. To review the board of directors' data manual. eaaaaaaaaaaaa. To review the board of directors' cybersecurity manual. faaaaaaaa. To review the board of directors' privacy manual. gaaaaaaaaa. To review the board of directors' ethics manual. haaaaaaaaa. To review the board of directors' corporate social responsibility manual. iaaaaaaaaa. To review the board of directors' stakeholder engagement manual. jaaaaaaaaa. To review the board of directors' investor relations manual. kaaaaaaaaa. To review the board of directors' board evaluation manual. laaaaaaaa. To review the board of directors' board succession planning manual. maaaaaaaaa. To review the board of directors' governance manual. naaaaaaaa. To review the board of directors' compliance manual. oaaaaaaaaa. To review the board of directors' risk management manual. paaaaaaaaa. To review the board of directors' internal audit manual. qaaaaaaaaa. To review the board of directors' remuneration manual. raaaaaaaaa. To review the board of directors' nomination manual. saaaaaaaa. To review the board of directors' sustainability manual. taaaaaaaaa. To review the board of directors' technology manual. uaaaaaaaaa. To review the board of directors' data manual. vaaaaaaaaa. To review the board of directors' cybersecurity manual. waaaaaaaaa. To review the board of directors' privacy manual. xaaaaaaaaa. To review the board of directors' ethics manual. yaaaaaaaaa. To review the board of directors' corporate social responsibility manual. zaaaaaaaaa. To review the board of directors' stakeholder engagement manual. aaaaaaaaaaaaaa. To review the board of directors' investor relations manual. baaaaaaaaaaaaa. To review the board of directors' board evaluation manual. caaaaaaaaaaaaa. To review the board of directors' board succession planning manual. daaaaaaaa. To review the board of directors' governance manual. eaaaaaaaaaaaaa. To review the board of directors' compliance manual. faaaaaaaa. To review the board of directors' risk management manual. gaaaaaaaaa. To review the board of directors' internal audit manual. haaaaaaaaa. To review the board of directors' remuneration manual. iaaaaaaaaa. To review the board of directors' nomination manual. jaaaaaaaaa. To review the board of directors' sustainability manual. kaaaaaaaaa. To review the board of directors' technology manual. laaaaaaaa. To review the board of directors' data manual. maaaaaaaaa. To review the board of directors' cybersecurity manual. naaaaaaaa. To review the board of directors' privacy manual. oaaaaaaaaa. To review the board of directors' ethics manual. paaaaaaaaa. To review the board of directors' corporate social responsibility manual. qaaaaaaaaa. To review the board of directors' stakeholder engagement manual. raaaaaaaaa. To review the board of directors' investor relations manual. saaaaaaaa. To review the board of directors' board evaluation manual. taaaaaaaaa. To review the board of directors' board succession planning manual. uaaaaaaaaa. To review the board of directors' governance manual. vaaaaaaaaa. To review the board of directors' compliance manual. waaaaaaaaa. To review the board of directors' risk management manual. xaaaaaaaaa. To review the board of directors' internal audit manual. yaaaaaaaaa. To review the board of directors' remuneration manual. zaaaaaaaaa. To review the board of directors' nomination manual. aaaaaaaaaaaaaaa. To review the board of directors' sustainability manual. baaaaaaaaaaaaaa. To review the board of directors' technology manual. caaaaaaaaaaaaaa. To review the board of directors' data manual. daaaaaaaa. To review the board of directors' cybersecurity manual. eaaaaaaaaaaaaaa. To review the board of directors' privacy manual. faaaaaaaa. To review the board of directors' ethics manual. gaaaaaaaaa. To review the board of directors' corporate social responsibility manual. haaaaaaaaa. To review the board of directors' stakeholder engagement manual. iaaaaaaaaa. To review the board of directors' investor relations manual. jaaaaaaaaa. To review the board of directors' board evaluation manual. kaaaaaaaaa. To review the board of directors' board succession planning manual. laaaaaaaa. To review the board of directors' governance manual. maaaaaaaaa. To review the board of directors' compliance manual. naaaaaaaa. To review the board of directors' risk management manual. oaaaaaaaaa. To review the board of directors' internal audit manual. paaaaaaaaa. To review the board of directors' remuneration manual. qaaaaaaaaa. To review the board of directors' nomination manual. raaaaaaaaa. To review the board of directors' sustainability manual. saaaaaaaa. To review the board of directors' technology manual. taaaaaaaaa. To review the board of directors' data manual. uaaaaaaaaa. To review the board of directors' cybersecurity manual. vaaaaaaaaa. To review the board of directors' privacy manual. waaaaaaaaa. To review the board of directors' ethics manual. xaaaaaaaaa. To review the board of directors' corporate social responsibility manual. yaaaaaaaaa. To review the board of directors' stakeholder engagement manual. zaaaaaaaaa. To review the board of directors' investor relations manual. aaaaaaaaaaaaaaaa. To review the board of directors' board evaluation manual. baaaaaaaaaaaaaaa. To review the board of directors' board succession planning manual. caaaaaaaaaaaaaaa. To review the board of directors' governance manual. daaaaaaaa. To review the board of directors' compliance manual. eaaaaaaaaaaaaaaa. To review the board of directors' risk management manual. faaaaaaaa. To review the board of directors' internal audit manual. gaaaaaaaaa. To review the board of directors' remuneration manual. haaaaaaaaa. To review the board of directors' nomination manual. iaaaaaaaaa. To review the board of directors' sustainability manual. jaaaaaaaaa. To review the board of directors' technology manual. kaaaaaaaaa. To review the board of directors' data manual. laaaaaaaaa. To review the board of directors' cybersecurity manual. maaaaaaaaa. To review the board of directors' privacy manual. naaaaaaaa. To review the board of directors' ethics manual. oaaaaaaaaa. To review the board of directors' corporate social responsibility manual. paaaaaaaaa. To review the board of directors' stakeholder engagement manual. qaaaaaaaaa. To review the board of directors' investor relations manual. raaaaaaaaa. To review the board of directors' board evaluation manual. saaaaaaaa. To review the board of directors' board succession planning manual. taaaaaaaaa. To review the board of directors' governance manual. uaaaaaaaaa. To review the board of directors' compliance manual. vaaaaaaaaa. To review the board of directors' risk management manual. waaaaaaaaa. To review the board of directors' internal audit manual. xaaaaaaaaa. To review the board of directors' remuneration manual. yaaaaaaaaa. To review the board of directors' nomination manual. zaaaaaaaaa. To review the board of directors' sustainability manual. aaaaaaaaaaaaaaaaa. To review the board of directors' technology manual. baaaaaaaaaaaaaaaa. To review the board of directors' data manual. caaaaaaaaaaaaaaaa. To review the board of directors' cybersecurity manual. daaaaaaaa. To review the board of directors' privacy manual. eaaaaaaaaaaaaaaaa. To review the board of directors' ethics manual. faaaaaaaa. To review the board of directors' corporate social responsibility manual. gaaaaaaaaa. To review the board of directors' stakeholder engagement manual. haaaaaaaaa. To review the board of directors' investor relations manual. iaaaaaaaaa. To review the board of directors' board evaluation manual. jaaaaaaaaa. To review the board of directors' board succession planning manual. kaaaaaaaaa. To review the board of directors' governance manual. laaaaaaaaa. To review the board of directors' compliance manual. maaaaaaaaa. To review the board of directors' risk management manual. naaaaaaaa. To review the board of directors' internal audit manual. oaaaaaaaaa. To review the board of directors' remuneration manual. paaaaaaaaa. To review the board of directors' nomination manual. qaaaaaaaaa. To review the board of directors' sustainability manual. raaaaaaaaa. To review the board of directors' technology manual. saaaaaaaa. To review the board of directors' data manual. taaaaaaaaa. To review the board of directors' cybersecurity manual. uaaaaaaaaa. To review the board of directors' privacy manual. vaaaaaaaaa. To review the board of directors' ethics manual. waaaaaaaaa. To review the board of directors' corporate social responsibility manual. xaaaaaaaaa. To review the board of directors' stakeholder engagement manual. yaaaaaaaaa. To review the board of directors' investor relations manual. zaaaaaaaaa. To review the board of directors' board evaluation manual. aaaaaaaaaaaaaaaaaa. To review the board of directors' board succession planning manual. baaaaaaaaaaaaaaaaa. To review the board of directors' governance manual. caaaaaaaaaaaaaaaaa. To review the board of directors' compliance manual. daaaaaaaa. To review the board of directors' risk management manual. eaaaaaaaaaaaaaaaaa. To review the board of directors' internal audit manual. faaaaaaaa. To review the board of directors' remuneration manual. gaaaaaaaaa. To review the board of directors' nomination manual. haaaaaaaaa. To review the board of directors' sustainability manual. iaaaaaaaaa. To review the board of directors' technology manual. jaaaaaaaaa. To review the board of directors' data manual. kaaaaaaaaa. To review the board of directors' cybersecurity manual. laaaaaaaaa. To review the board of directors' privacy manual. maaaaaaaaa. To review the board of directors' ethics manual. naaaaaaaa. To review the board of directors' corporate social responsibility manual. oaaaaaaaaa. To review the board of directors' stakeholder engagement manual. paaaaaaaaa. To review the board of directors' investor relations manual. qaaaaaaaaa. To review the board of directors' board evaluation manual. raaaaaaaaa. To review the board of directors' board succession planning manual. saaaaaaaa. To review the board of directors' governance manual. taaaaaaaaa. 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To review the board of directors' board evaluation manual. iaaaaaaaaa. To review the board of directors' board succession planning manual. jaaaaaaaaa. To review the board of directors' governance manual. kaaaaaaaaa. To review the board of directors' compliance manual. laaaaaaaaa. To review the board of directors' risk management manual. maaaaaaaaa. To review the board of directors' internal audit manual. naaaaaaaa. To review the board of directors' remuneration manual. oaaaaaaaaa. To review the board of directors' nomination manual. paaaaaaaaa. To review the board of directors' sustainability manual. qaaaaaaaaa. To review the board of directors' technology manual. raaaaaaaaa. To review the board of directors' data manual. saaaaaaaa. To review the board of directors' cybersecurity manual. taaaaaaaaa. To review the board of directors' privacy manual. uaaaaaaaaa. To review the board of directors' ethics manual. vaaaaaaaaa. To review the board of directors' corporate social responsibility manual. waaaaaaaaa. To review the board of directors' stakeholder engagement manual. xaaaaaaaaa. To review the board of directors' investor relations manual. yaaaaaaaaa. To review the board of directors' board evaluation manual. zaaaaaaaaa. To review the board of directors' board succession planning manual. aaaaaaaaaaaaaaaaaaaa. To review the board of directors' governance manual. baaaaaaaaaaaaaaaaaaa. To review the board of directors' compliance manual. caaaaaaaaaaaaaaaaaaa. To review the board of directors' risk management manual. daaaaaaaa. To review the board of directors' internal audit manual. eaaaaaaaaaaaaaaaaaaa. To review the board of directors' remuneration manual. faaaaaaaa. To review the board of directors' nomination manual. gaaaaaaaaa. To review the board of directors' sustainability manual. haaaaaaaaa. To review the board of directors' technology manual. iaaaaaaaaa. To review the board of directors' data manual. jaaaaaaaaa. To review the board of directors' cybersecurity manual. kaaaaaaaaa. To review the board of directors' privacy manual. laaaaaaaaa. To review the board of directors' ethics manual. maaaaaaaaa. To review the board of directors' corporate social responsibility manual. naaaaaaaa. To review the board of directors' stakeholder engagement manual. oaaaaaaaaa. To review the board of directors' investor relations manual. paaaaaaaaa. To review the board of directors' board evaluation manual. qaaaaaaaaa. To review the board of directors' board succession planning manual.