Cancellation of a License by the CBB
AU-5.5.1
In accordance with Article 50 of the CBB Law,
insurance licensees wishing to cancel their license or cease activities for a branch must obtain the CBB's written approval, before ceasing their activities. All such requests must be made in writing to the Director, Insurance Supervision Directorate, setting out in full the reasons for the request and how the business is to be wound up.Amended: October 2011
Amended: July 2007AU-5.5.2
Insurance licensees must satisfy the CBB that theircustomers' interests are to be safeguarded during and after the proposed cancellation. The requirements contained in Module GR regarding cessation of business must be satisfied.Amended: July 2007
Amended: October 2007AU-5.5.3
Failure to comply with Rule AU-5.5.1 may constitute a breach of Article 50(a) of the CBB Law. The CBB will only approve such requests where it has no outstanding regulatory concerns and any relevant
customers' interests would not be prejudiced. A voluntary surrender will not be accepted where it is aimed at pre-empting supervisory actions by the CBB. A voluntary surrender will only take effect once the licensee, in the opinion of the CBB, has discharged all its regulatory responsibilities tocustomers .Amended: July 2007AU-5.5.4
As provided for under Article 48(c) of the CBB Law, the CBB may itself move to cancel a license, for instance if a licensee fails to satisfy any of its existing license conditions or protecting the legitimate interests of customers or creditors of the licensee requires a cancellation. The CBB generally views the cancellation of a license as appropriate only in the most serious of circumstances, and generally tries to address supervisory concerns through other means beforehand. See also Chapter EN-7, regarding the cancellation or amendment of licenses, including the procedures used in such instances and the licensee's right to appeal the formal notice of cancellation issued by the CBB.
Amended: October 2011
Added: July 2007AU-5.5.4A
Cancellation of a license requires the CBB to issue a formal notice of cancellation to the licensee concerned. The notice of cancellation describes the CBB's rationale for the proposed cancellation, as specified in Article 48(d) of the CBB Law.
Amended: October 2012
Added: October 2011AU-5.5.4B
Where the cancellation of a license has been confirmed by the CBB, the CBB will only effect the cancellation once a licensee has discharged all its regulatory responsibilities to
clients . Until such time, the CBB will retain all its regulatory powers towards the licensee and will direct the licensee so that no newregulated insurance services may be undertaken whilst the licensee discharges its obligations to itsclients .Added: October 2011AU-5.5.5
In the case of
insurance brokers andinsurance consultants , the requirements relating to professional indemnity coverage must be observed (see Paragraph GR-10.1.8)Amended: July 2007
Amended: October 2007