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  • EN-7 EN-7 Cancellation or Amendment of License

    • EN-7.1 EN-7.1 Legal Source

      • EN-7.1.1

        Article 48 of the CBB Law, empowers the CBB to cancel or amend a license under certain circumstances. These include cases where a licensee has:

        (a) Failed to satisfy its license conditions;
        (b) Violated the terms of the CBB Law, Regulations or Rulebook;
        (c) Failed to start business within six months from the date of the license being issued;
        (d) Ceased to carry out the licensed activities permitted; or
        (e) Not acted in the legitimate interest of its customers or creditors.
        Amended: January 2007
        Amended: October 2007

      • EN-7.1.2

        An example of amending the permitted activities of an insurance licensee is to remove the permission to effect contracts of insurance, which would have the effect of restricting the firm's activities to 'running off' existing business.

        Amended: January 2007
        Amended: October 2007

      • EN-7.1.3

        Article 48(d) of the CBB Law requires the CBB to give the licensee concerned at least 30 calendar days in which to appeal any proposed cancellation or amendment of its license.

        Adopted: January 2007

    • EN-7.2 EN-7.2 CBB Policy

      • EN-7.1.3

        The BMA will only propose the cancellation of the firm's license once it is satisfied that there are no longer any regulated activities for which it is necessary to keep the authorisation in force. In situations where it is necessary to keep the authorisation in force, for example where there are existing policyholder liabilities that have not been transferred under a portfolio transfer to another insurance licensee, the BMA will generally take alternative action, such as to place the firm in administration (in accordance with the procedures in Section EN-8.2) and only consider the cancellation of the license after other options such as the transfer of all or part of the portfolio to other insurers have been considered and, where appropriate, implemented.

      • EN-7.1.4

        Where the BMA proposes to cancel a firm's license, it must provide the licensee concerned reasonable time to object to the proposed cancellation.

      • EN-7.2.1

        When used as an enforcement tool, the CBB views cancelling a license as appropriate only in the most serious of circumstances, when faced with the gravest of contraventions or when left with no other reasonable means of successfully addressing the regulatory failings in question. Cancellation or amendment of a license, however, may also be required in circumstances outside an enforcement context, for instance because of a change in the business profile of a licensee.

        Adopted: January 2007

      • EN-7.2.2

        When used as an enforcement tool, the criteria used by the CBB in assessing whether to seek the cancellation or amendment of a license include:

        (a) The extent to which the interests of the policyholders and others who have a claim on the licensee would be best served by the cancellation or amendment of the license;
        (b) The extent to which other supervisory penalties could reasonably be expected to achieve the CBB's desired supervisory objectives;
        (c) The extent to which the licensee has contravened the condition of its license and/or the CBB Law, including the seriousness, duration and/or frequency of the contravention(s) concerned, and the extent to which the contraventions reflect more widespread or systemic weaknesses in controls and/or management;
        (d) The extent to which the licensee has been involved in financial crime or other criminal conduct; and
        (e) The licensee's past compliance record and conduct following the contravention(s).
        Amended: January 2007

      • EN-7.2.3

        When the CBB issues a notice of cancellation or amendment as an enforcement tool, it will only implement the actual change once it is satisfied that there are no longer any regulated activities for which it is necessary to keep the current authorisation in force. Until such time as these activities have been run off or moved to another licensee, the CBB will control these activities through other means (such as taking the licensee into administration or through issuing Directions).

        Adopted: January 2007

    • EN-7.3 EN-7.3 Procedure

      • EN-7.3.1

        All proposals for cancelling or amending a license are subject to a thorough review by the CBB of all relevant facts, assessed against the criteria outlined in Paragraphs EN-7.2.1 and EN-7.2.2. After being assessed at the Executive Director level, proposals are submitted to H.E. the Governor for approval.

        Amended: January 2007

      • EN-7.3.2

        Once approved within the CBB, a formal notice of cancellation or amendment is issued to the licensee concerned. The notice of cancellation or amendment will describe the factual circumstances of the contraventions concerned, and the CBB's rationale for the proposed cancellation or amendment, as measured against the criteria outlined in Paragraphs EN-7.2.1 and EN-7.2.2.

        Amended: January 2007

      • EN-7.3.3

        The licensee has 30 calendar days from the date of the notice in which to lodge an appeal. The appeal should be addressed to the Board of the CBB, and copied to H.E. the Governor of the CBB.

        Amended: January 2007

      • EN-7.3.4

        If an appeal is lodged, the Board of the CBB will make a final ruling within 60 calendar days of its date of issuance.

        Amended: January 2007

      • EN-7.3.5

        A licensee may appeal to a competent court within 60 calendar days of the above final ruling for a decision. The court’s decision will then be final.

        Adopted: January 2007