AU-2.1 AU-2.1 Condition 1: Legal Status
Insurance Firm
AU-2.1.1
Except for
captive insurers , the legal status of aninsurance firm must be:(i) A Bahraini joint stock company (BSC);(ii) A branch resident in Bahrain of a company incorporated under the laws of its territory of incorporation and (where local regulation so requires) authorised as an insurance or reinsurance firm in that territory; or(iii) A Bahraini exempt company (E.C.) which was incorporated and licensed to conduct insurance business prior to 1st January 2005.Amended: July 2007AU-2.1.2
For
captive insurers , the legal status of aninsurance firm must be:(i) A Bahraini special purpose vehicle (SPV), specifically established to carry out the activities of acaptive insurer ; orAmended: July 2007AU-2.1.3
A Bahraini SPV is a category of a closed Bahraini joint stock company (BSC(c)). The minimum capital required by the Ministry of Commerce and Industry to incorporate such a company is much lower than for other types of companies, at BD 1,000. In addition, however,
captive insurers must satisfy the CBB's capital requirements for captives, as set out in Module CA (Capital Adequacy).Amended: July 2007
Amended: January 2008AU-2.1.4
Where the
insurance licensee is a branch of an overseas insurance company, in deciding whether to grant a license, the CBB will pay close regard to its activities elsewhere and how these activities are regulated. If theinsurance licensee is not regulated elsewhere (e.g. some countries do not regulate reinsurance firms) or in a jurisdiction not substantially compliant with IAIS Core Principles or FATF standards, then an application for licensing can only be considered after exhaustive enquiries into the firm'sshareholders , management structure and financial position.Amended: July 2007AU-2.1.5
[Guidance Paragraph deleted in January 2007.]
Amended: July 2007AU-2.1.6
[Guidance Paragraph deleted in October 2005.]
Insurance Broker
AU-2.1.7
Licensees who were carrying out activities that fall within the definition of the regulated activity of
insurance broker prior to 1 April 2005 may be unincorporated entities or natural persons and were allowed to continue as such until 31 December 2006.Amended: July 2007AU-2.1.8
The legal status of an
insurance broker after 1 April 2009 must be:(i) A Bahraini joint stock company (BSC);(ii) A Bahraini company with limited liability ('WLL');(iii) A branch resident in Bahrain of a company incorporated under the laws of its territory of incorporation and (where local regulation so requires) authorised as an insurance or reinsurance intermediary in that territory, and licensed to conduct insurance business in Bahrain prior to 1st April 2009;(iv) A Bahraini exempt company (E.C.) which was incorporated and licensed to conduct insurance business prior to 1st January 2005;(v) A Bahraini single person company which was incorporated and licensed to conduct insurance business prior to 1st April 2009; or(vi) A natural person that has been licensed by the CBB to conduct insurance business prior to April 2005.Amended: October 2012
Amended: April 2010
Amended: October 2009
Amended: April 2009
Amended: July 2007AU-2.1.9
Licensees referred to in Subparagraphs AU-2.1.8 (v) and (vi) will be granted a six-month period from the date of the death of the natural person to convert the license to comply with Subparagraph AU-2.1.8 (i) or (ii), subject to the CBB's prior written approval.
Amended: October 2012
Amended: July 2007AU-2.1.10
An
insurance broker's business activity must be restricted by its Memorandum and Articles of Association to insurance broking.Insurance Consultant
AU-2.1.11
Persons carrying out the regulated activity of
insurance consultant , and who meet the licensing criteria of this Section, must be:(i) [This Subparagraph was deleted in October 2014];(ii) A Bahraini single person company;(iii) A Bahraini joint stock company (BSC);(iv) A Bahraini company with limited liability ('WLL'); or(v) A Bahraini exempt company (E.C.) which was incorporated and licensed to conduct insurance business prior to 1st January 2005.Amended: October 2014
Amended: October 2009
Amended: July 2007Insurance Manager
AU-2.1.12
Persons carrying out the regulated activity of
insurance manager , and who meet the licensing criteria of this Section must be:(i) A Bahraini joint stock company (BSC);(ii) A Bahraini company with limited liability ('WLL'); or(iii) A branch resident in Bahrain of a company incorporated under the laws of its territory of incorporation and (where local regulation so requires) authorised as an insurance or reinsurance intermediary in that territory.Amended: July 2007AU-2.1.13
An
insurance manager is a professional provider of services toinsurance firms , which may include company secretarial, bookkeeping, claims processing and underwriting and, where duly licensed, insurance consulting and actuarial services. The CBB would, in principle, regard it as acceptable for theinsurance manager to provide these services to other clients, whether or not insurance clients. It would not regard it as acceptable for the firm to combine these activities with that ofinsurance broker , although it is possible for a group to include bothinsurance broker andinsurance manager activities, for instance, by aninsurance broker establishing a subsidiary to act as aninsurance manager (or vice versa).Amended: July 2007