GR-4.1 GR-4.1 CBB Approval
GR-4.1.1
In accordance with Article 66 of the CBB Law, an
insurance licensee must seek prior written approval from the CBB before transferring any of its business to a third party.Amended: January 2007GR-4.1.2
Rule GR-4.1.1 is intended to apply to circumstances where an
insurance licensee wishes to transfer all or part of its business to a third party. A business transfer is not the same as aninsurance firm ceding (reinsuring) some or all of itspolicyholder liabilities to a reinsurer. Reinsurance creates an additional set of rights and obligations between theinsurance firm and the reinsurer but does not change theinsurance firm's obligations to itspolicyholders nor does it create any direct obligations (to each other) between theinsurance firm's policyholders and theinsurance firm's reinsurer.Added: January 2007GR-4.1.3
In the case of a
Bahraini insurance licensee , Chapter GR-4 applies both to business booked in Bahrain and in the licensee’s overseasbranches . In the case of anoverseas insurance licensee , Chapter GR-4 applies only to business booked in the firm's Bahrainbranch .Amended: January 2007GR-4.1.4
In all cases, CBB approval to transfer business will only be given where:
(a) The transfer of business will not damage or otherwise prejudice the legitimate interests of the licensee’scustomers ;(b) The transferee is duly licensed to undertake the business which it is to receive; and(c) The CBB is satisfied that the transfer will not breach any applicable Laws and regulations, and would not create any supervisory concerns.Added: January 2007
Amended: October 2007GR-4.1.5
For purposes of Paragraph GR-4.1.1, a business transfer refers to a transfer of all the rights and obligations of one
insurance licensee to anotherinsurance licensee , so that thepolicyholders and reinsurers continue to be subject to the same terms and conditions as those originally agreed. Business transfers may enable licensees that have ceased writing certain lines of business to manage their affairs more effectively and be beneficial both to theinsurance licensee and thepolicyholders , particularly if theinsurance licensee that is assuming the business is financially stronger than theinsurance licensee transferring the business.Amended: January 2007GR-4.1.4
A portfolio transfer is not the same as an
insurance firm ceding (reinsuring) some or all of its policyholder liabilities to a reinsurer. Reinsurance creates an additional set of rights and obligations between theinsurance firm and the reinsurer but does not change theinsurance firm's obligations to itspolicyholders nor does it create any direct obligations (to each other) between theinsurance firm's policyholders and theinsurance firm's reinsurer.GR-4.1.5
Where the proposed transfer involves a transfer of obligations under
contracts of insurance in respect of risks situated inside the Kingdom of Bahrain, the transferee must be licensed to carry on insurance business in Bahrain.GR-4.1.6
In assessing the criteria outlined in Paragraph GR-4.1.4, the CBB will, amongst other factors, take into account the financial strength of the transferee; its capacity to manage the business being transferred; its track record in complying with applicable regulatory requirements; and (where applicable) its track record in treating
customers fairly. The CBB will also take into account the impact of the transfer on the transferor, and any consequences this may have for the transferor’s remainingcustomers .Amended: January 2007