ICP 1 Objectives, Powers and Responsibilities of the Supervisor

Each authority responsible for insurance supervision, its powers and the objectives of insurance supervision are clearly defined.


1.1

Primary legislation clearly defines the authority (or authorities) responsible for insurance supervision.


1.2

Primary legislation clearly determines the objectives of insurance supervision and these include at least to:
  • protect policyholders;
  • promote the maintenance of a fair, safe and stable insurance market; and
  • contribute to financial stability.

1.3

Primary legislation gives the supervisor adequate powers to meet its responsibilities and objectives.

 


1.4

The supervisor initiates or proposes changes in legislation where current responsibilities, objectives or powers are not sufficient to meet the intended supervisory outcomes.

ICP 2 Supervisor

The supervisor is operationally independent, accountable and transparent in the exercise of its responsibilities and powers, and has adequate resources to discharge its responsibilities.

Independence


2.1

The supervisor is operationally independent and free from undue government or industry interference that compromises that independence.

 


2.2

Legislation governing the supervisor provides the necessary legal protection from legal action against the supervisor and its staff for actions taken in good faith while discharging their duties. In addition, the supervisor’s staff is adequately protected against the costs of defending their actions.


2.3

Procedures regarding the appointment and dismissal of the head of the supervisor and members of its governing body (if such a governing body exists) are transparent.

Accountability


2.4

The supervisor has effective internal governance structures, processes and procedures to preserve the integrity of its actions and decisions and to enable it to account to its stakeholders.


2.5

The supervisor applies requirements and supervisory procedures consistently and equitably.

 


2.6

There are processes to appeal against supervisory decisions which do not unduly impede the ability of the supervisor to make timely interventions in order to protect policyholders’ interests or contribute to financial stability.


2.7

The supervisor, including its staff and any third party acting on its behalf (presently or in the past), are required by legislation to protect confidential information in the possession of the supervisor.

Transparency


2.8

The supervisor is transparent to the public, supervised entities and the government about how it exercises its responsibilities.

 


2.9

The supervisor publishes its requirements, policies and supervisory procedures. The supervisor consults publicly on significant changes that it makes to requirements, policies and supervisory procedures.

Resources


2.10

The supervisor has sufficient resources, including human, technological and financial resources, to enable it to conduct effective supervision.

 


2.11

Where the supervisor outsources supervisory activities to third parties, the supervisor:
  • sets expectations for their role and work;
  • monitors their performance;
  • ensures their independence from the supervised entity or any other related party; and
  • subjects them to the same confidentiality rules and professional standards as the staff of the supervisor.

ICP 3 Information Sharing and Confidentiality Requirements

The supervisor obtains information from, and shares information with, relevant supervisors and authorities subject to confidentiality, purpose and use requirements


3.1

The supervisor requests information, including non-public information, from relevant supervisors and authorities with respect to insurers.  


3.2

The supervisor shares information, including non-public information, with relevant supervisors and authorities at its sole discretion and subject to appropriate safeguards.


3.3

The supervisor requesting confidential information (the requesting supervisor) has a legitimate interest and valid supervisory purpose related to the fulfilment of its supervisory functions in seeking information from another relevant supervisor or authority.


3.4

The supervisor that has received a request for confidential information (the requested supervisor) from another relevant supervisor or authority:
  • assesses each request for information on a case-by-case basis; and
  • responds to requests in a timely and comprehensive manner.

3.5

The requesting supervisor uses confidential information received from the requested supervisor or authority only for the purposes specified when the information was requested. Unless otherwise agreed, before using the information for another purpose or passing it on to others, the requesting supervisor obtains agreement of the requested supervisor or authority.


3.6

In the event the requesting supervisor has received notice of proceedings, which may legally compel it to disclose confidential information which it has received from the requested supervisor, the requesting supervisor:
  • to the extent permitted by law, promptly notifies the requested supervisor; and
  • where consent to disclosure is not given, uses all reasonable means to resist the demand and to protect the confidentiality of the information.

ICP 4 Licensing

A legal entity which intends to engage in insurance activities must be licensed before it can operate within a jurisdiction. The requirements and procedures for licensing must be clear, objective and public, and be consistently applied.


Licensing requirements


4.1

The insurance legislation:
  • includes a definition of insurance activities which are subject to licensing;
  • prohibits unauthorised insurance activities;
  • defines the permissible legal forms of domestic insurance legal entities;
  • allocates the responsibility for issuing licences; and
  • sets out the procedure and form of establishment by which foreign insurers are allowed to conduct insurance activities within the jurisdiction.

4.2

A jurisdiction controls through licensing which entities are allowed to conduct insurance activities within its jurisdiction.


4.3

Licensing requirements and procedures are clear, objective and public, and are consistently applied. The applicant is required at least to:
  • have sound business and financial plans;
  • have a corporate or group structure that does not hinder effective supervision;
  • establish that the applicant’s Board Members, both individually and collectively, Senior Management, Key Persons in Control Functions and Significant Owners are suitable;
  • have an appropriate governance framework; and
  • satisfy capital requirements.


Requirements on the Supervisor


4.4

The supervisor assesses applications, makes decisions and informs applicants of the decision within a reasonable time, which is clearly specified, and without undue delay.


4.5

The supervisor refuses to issue a licence where the applicant does not meet the licensing requirements. Where the supervisor issues a licence, it imposes additional requirements, conditions or restrictions on an applicant where appropriate. If the licence is denied, conditional or restricted, the applicant is provided with an explanation.


4.6

A licence clearly states its scope.


4.7

The supervisor publishes a complete list of licensed insurance legal entities and the scope of the licences granted.


Foreign operations


4.8

In deciding whether and if so on what basis, to license or continue to license a branch or subsidiary of a foreign insurer in its jurisdiction, the supervisor consults the relevant supervisor(s) as necessary.


4.9

Where an insurance legal entity is seeking to conduct cross-border insurance activities without a physical presence in the jurisdiction of the host supervisor, the host supervisor concerned consults the home supervisor, as necessary, before allowing such activities.

ICP 5 Suitability of Persons

The supervisor requires Board Members, Senior Management, Key Persons in Control Functions and Significant Owners of an insurer to be and remain suitable to fulfil their respective roles.


5.1

Legislation identifies which persons are required to meet suitability requirements. The legislation includes at least Board Members, Senior Management, Key Persons in Control Functions and Significant Owners.


5.2

The supervisor requires that in order to be suitable to fulfil their roles:
  • Board Members (individually and collectively), Senior Management and Key Persons in Control Functions possess competence and integrity; and
  • Significant Owners possess the necessary financial soundness and integrity.

5.3

The supervisor requires the insurer to demonstrate initially and on an ongoing basis, the suitability of Board Members, Senior Management, Key Persons in Control Functions and Significant Owners. The suitability requirements and the extent of review required by the supervisor depend on the person’s role.


5.4

The supervisor requires notification by insurers of any changes in Board Members, Senior Management, Key persons in Control Functions and Significant Owners, and of any circumstances that may materially adversely affect the suitability of its Board Members, Senior Management, Key Persons in Control Functions and Significant Owners.


5.5

The supervisor takes appropriate action to rectify the situation when Board Members, Senior Management and Key Persons in Control Functions or Significant Owners no longer meet suitability requirements.


5.6

The supervisor exchanges information with other authorities inside and outside its jurisdiction where necessary to check the suitability of Board Members, Senior Management, Key Persons in Control Functions and Significant Owners of an insurer.

ICP 6 Changes of Control and Portfolio Transfers

The supervisor assesses and decides on proposals:

  • to acquire significant ownership of, or an interest in, an insurer that results in a person (legal or natural), directly or indirectly, alone or with an associate, exercising control over the insurer; and
  • for portfolio transfers.


Change of Control


6.1

Legislation addresses change of control of insurers, including:
  • having a definition of control; and
  • oversight and enforcement of requirements related to change of control.

6.2

The supervisor requires the insurer to provide notification of a proposed change of control of the insurer. The supervisor assesses and decides on proposals for change of control.


(De)Mutualisation


6.3

A change of a mutual company to a stock company, or vice versa, is subject to the supervisor’s approval.

 


Portfolio Transfer


6.4

The supervisor assesses and decides on the transfer of all or a part of an insurer’s business portfolio taking into account at least the financial condition of the transferee and the transferor and whether the interests of the policyholders of both the transferee and transferor will be protected.

 

ICP 7 Corporate Governance

The supervisor requires insurers to establish and implement a corporate governance framework which provides for sound and prudent management and oversight of the insurer’s business and adequately recognises and protects the interests of policyholders.


Appropriate allocation of oversight and management responsibilities


7.1

The supervisor requires the insurer’s Board to:
  • ensure that the roles and responsibilities allocated to the Board, Senior Management and Key Persons in Control Functions are clearly defined so as to promote an appropriate separation of the oversight function from the management responsibilities; and
  • provide oversight of the Senior Management.


Corporate culture, business objectives and strategies of the insurer


7.2

The supervisor requires the insurer’s Board to set and oversee the implementation of the insurer’s corporate culture, business objectives and strategies for achieving those objectives, in line with the insurer’s long term interests and viability.


Structure and governance of the Board


7.3

The supervisor requires the insurer’s Board to have, on an ongoing basis:
  • an appropriate number and mix of individuals to ensure that there is an overall adequate level of competence at the Board level commensurate with the governance structure;
  • appropriate internal governance practices and procedures to support the work of the Board in a manner that promotes the efficient, objective and independent judgment and decision making by the Board; and
  • adequate powers and resources to be able to discharge its duties fully and effectively.

Duties of individual Board members


7.4

The supervisor requires that an individual member of the Board:
  • act in good faith, honestly and reasonably;
  • exercise due care and diligence;
  • act in the best interests of the insurer and policyholders, putting those interests ahead of his/her own interests;
  • exercise independent judgment and objectivity in his/her decision making, taking due account of the interests of the insurer and policyholders; and
  • not use his/her position to gain undue personal advantage or cause any detriment to the insurer.


Duties related to risk management and internal controls


7.5

The supervisor requires the insurer’s Board to provide oversight in respect of the design and implementation of risk management and internal controls.


Duties related to remuneration


7.6

The supervisor requires the insurer’s Board to:
  • adopt and oversee the effective implementation of a written remuneration policy for the insurer, which does not induce excessive or inappropriate risk taking, is in line with the corporate culture, objectives, strategies, identified risk appetite, and long term interests of the insurer, and has proper regard to the interests of its policyholders and other stakeholders; and
  • ensure that such a remuneration policy, at least, covers those individuals who are members of the Board, Senior Management, Key Persons in Control Functions and other employees whose actions may have a material impact on the risk exposure of the insurer (major risk–taking staff).


Reliable and transparent financial reporting


7.7

The supervisor requires the insurer’s Board to ensure there is a reliable financial reporting process for both public and supervisory purposes that is supported by clearly defined roles and responsibilities of the Board, Senior Management and the external auditor.


External Audit


7.8

The supervisor requires the insurer's Board to ensure that there is adequate governance and oversight of the external audit process.


Communications


7.9

The supervisor requires the insurer’s Board to have systems and controls to ensure appropriate, timely and effective communications with the supervisor on the governance of the insurer.


Duties of Senior Management


7.10

The supervisor requires the insurer to ensure that Senior Management:
  • carries out the day-to-day operations of the insurer effectively and in accordance with the insurer’s corporate culture, business objectives and strategies for achieving those objectives in line with the Insurer's long term interests and viability;
  • promotes sound risk management, compliance and fair treatment of customers;
  • provides the Board adequate and timely information to enable the Board to carry out its duties and functions including the monitoring and review of the performance and risk exposures of the insurer, and the performance of Senior Management; and
  • maintains adequate and orderly records of the internal organisation.


Supervisory review


7.11

The supervisor requires the insurer to demonstrate the adequacy and effectiveness of its corporate governance framework.

ICP 8 Risk Management and Internal Controls

The supervisor requires an insurer to have, as part of its overall corporate governance framework, effective systems of risk management and internal controls, including effective functions for risk management, compliance, actuarial matters and internal audit.


Systems for risk management and internal controls


8.1

The supervisor requires the insurer to establish, and operate within, an effective and documented risk management system, which includes, at least:
  • a risk management strategy that defines the insurer’s risk appetite;
  • a risk management policy outlining how all material risks are managed within the risk appetite; and
  • the ability to respond to changes in the insurer’s risk profile in a timely manner.

8.2

The supervisor requires the insurer to establish, and operate within, an effective and documented system of internal controls.

 


Control functions (general)


8.3

The supervisor requires the insurer to have effective control functions with the necessary authority, independence and resources.


Risk management function


8.4

The supervisor requires the insurer to have an effective risk management function capable of assisting the insurer to:
  • identify, assess, monitor, mitigate and report on its key risks in a timely way; and
  • promote and sustain a sound risk culture.


Compliance function


8.5

The supervisor requires the insurer to have an effective compliance function capable of assisting the insurer to i) meet its legal, regulatory and supervisory obligations and ii) promote and sustain a compliance culture, including through the monitoring of related internal policies.


Actuarial function


8.6

The supervisor requires the insurer to have an effective actuarial function capable of evaluating and providing advice regarding, at least, technical provisions, premium and pricing activities, capital adequacy, reinsurance and compliance with related statutory and regulatory requirements.


Internal audit function


8.7

The supervisor requires the insurer to have an effective internal audit function capable of providing the Board with independent assurance in respect of the quality and effectiveness of the insurer’s corporate governance framework.


Outsourcing of material activities or functions


8.8

The supervisor requires the insurer to retain at least the same degree of oversight of, and accountability for, any outsourced material activity or function (such as a control function) as applies to non-outsourced activities or functions.

ICP 9 Supervisory Review and Reporting

The supervisor uses off-site monitoring and on-site inspections to: examine the business of each insurer; evaluate its financial condition, conduct of business, corporate governance framework and overall risk profile; and assess its compliance with relevant legislation and supervisory requirements. The supervisor obtains the necessary information to conduct effective supervision of insurers and evaluate the insurance market.


Framework for supervisory review and reporting


9.1

The supervisor has a documented framework which outlines its approach for supervisory review and reporting. The supervisor reviews periodically that this framework remains effective and adequate.


9.2

As part of the supervisory framework, the supervisor develops supervisory plans which set priorities and determine the appropriate depth and level of off-site monitoring and on-site inspection activity.


9.3

The supervisor reviews outsourced material activities or functions to the same level as non-outsourced material activities or functions.


Supervisory Reporting


9.4

The Supervisor:
  • establishes documented requirements for the regular reporting of qualitative and quantitative information from all insurers licensed in its jurisdiction;
  • defines the scope, content and frequency of the information to be reported;
  • sets out the relevant accounting and auditing standards to be used;
  • requires that an external audit opinion is provided on annual financial statements;
  • requires insurers to report on any material changes or incidents that could affect their condition or customers;
  • requires insurers to correct inaccurate reporting as soon as possible; and
  • requires more frequent reporting and/or additional information from insurers as needed.


Off-site monitoring


9.5

The supervisor monitors insurers on an ongoing basis, based on communication with the insurer and analysis of information obtained through supervisory reporting as well as market and other relevant information.


On-site inspection


9.6

The supervisor sets the objective, scope and timing for on-site inspections of insurers, develops corresponding work programmes and conducts such inspections.


Supervisory feedback and follow-up


9.7

The supervisor discusses with the insurer as soon as practical any relevant findings of the supervisory review and the need for any preventive or corrective measures.

ICP 10 Preventive Measures, Corrective Measures and Sanctions

The supervisor:
  • requires and enforces preventive and corrective measures; and
  • imposes sanctions
which are timely, necessary to achieve the objectives of insurance supervision, and based on clear, objective, consistent, and publicly disclosed general criteria.

10.1

The supervisor acts against individuals or entities that conduct insurance activities without the necessary licence.

 


10.2

The supervisor requires preventive measures if the insurer seems likely to operate in a manner that is inconsistent with regulatory requirements.

 


10.3

The supervisor requires corrective measures if the insurer fails to operate in a manner that is consistent with regulatory requirements.

 


10.4

The supervisor:
  • requires the insurer to take actions that address the supervisor’s identified concerns;
  • periodically checks that the insurer is taking action; and
  • assesses the effectiveness of the insurer’s actions.

10.5

The supervisor escalates, including enforcing, preventive or corrective measures if its concerns are not addressed by the insurer’s actions.

 


10.6

The supervisor imposes sanctions on insurers and individuals proportionate to the breach of regulatory requirements or other misconduct.

ICP 11

There is no longer an ICP 11

ICP 12 Exit from the Market and Resolution

Legislation provides requirements for:
  • the voluntary exit of insurers from the market; and
  • the resolution of insurers that are no longer viable or are likely to be no longer viable, and have no reasonable prospect of returning to viability.


Voluntary exit from the market


12.1

Legislation provides a framework for voluntary exit from the market that protects the interests of policyholders.

 


Objectives of the resolution of insurers


12.2

Legislation provides a framework for resolving insurers which:
  • protects policyholders; and
  • provides for the absorption of losses in a manner that respects the liquidation claims hierarchy.


Planning


12.3

The supervisor and/or the resolution authority requires, as necessary, insurers to evaluate prospectively their specific operations and risks in possible resolution scenarios and to put in place procedures for use during a resolution.


Cooperation and coordination


12.4

The roles and responsibilities of relevant authorities within a jurisdiction that are involved in exit of insurers from the market or their resolution are clearly defined.

12.5

The supervisor and/or resolution authority shares information, cooperates and coordinates with other relevant authorities for the exit of insurers from the market or their resolution.


Triggers


12.6

Legislation provides criteria for determining the circumstances in which the supervisor and/or resolution authority initiates resolution of an insurer.

Powers


12.7

Legislation provides an appropriate range of powers to resolve insurers effectively. These powers are exercised proportionately and with appropriate flexibility.


Liquidation


12.8

Legislation provides that the supervisor is involved in the initiation of the liquidation of an insurance legal entity (or a branch of a foreign insurer in its jurisdiction).

12.9

Legislation provides a high legal priority to policyholders’ claims within the liquidation claims hierarchy.


Safeguards


12.10

The resolution authority exercises resolution powers in a way that respects the liquidation claims hierarchy and adheres to the NCWOL principle. If the resolution authority departs from the general principle of equal treatment of creditors of the same class (pari passu), the resolution authority substantiates the reasons for such departure to all affected parties.

12.11

Legislation provides whether insurance liabilities may be restructured and whether policyholders may absorb losses.


Issues specific to groups and branches


12.12

Where the insurance legal entity belongs to a group and the head of the insurance group is located in the same jurisdiction as the legal entity, mechanisms are in place through which the head of the insurance group is able to be resolved.

12.13

The resolution authority has the authority to resolve a branch of a foreign insurer located in its jurisdiction and, in such circumstance, coordinates and cooperates with the supervisor and/or resolution authority responsible for the insurance legal entity.

ICP 13 Reinsurance and Other Forms of Risk Transfer

The supervisor requires the insurer to manage effectively its use of reinsurance and other forms of risk transfer. The supervisor takes into account the nature of reinsurance business when supervising reinsurers based in its jurisdiction.


13.1

The supervisor requires ceding insurers to have a reinsurance programme that is appropriate to their business and part of their overall risk and capital management strategies.

13.2

The supervisor requires ceding insurers to establish effective internal controls over the implementation of their reinsurance programme.


13.3

The supervisor requires ceding insurers to demonstrate the economic impact of the risk transfer originating from their reinsurance contracts.


13.4

When supervising ceding insurers purchasing reinsurance across borders, the supervisor takes into account the supervision performed in the jurisdiction of the reinsurer.

13.5

The supervisor requires the ceding insurer to consider the impact of its reinsurance programme in its liquidity management.

13.6

In jurisdictions that permit risk transfer to the capital markets, the supervisor understands and assesses the structure and operation of such risk transfer arrangements, and addresses any issues that may arise.

ICP 14 Valuation

The supervisor establishes requirements for the valuation of assets and liabilities for solvency purposes.

14.1

The valuation addresses recognition, derecognition and measurement of assets and liabilities.​

 


14.2

The valuation of assets and liabilities is undertaken on consistent bases.

 


14.3

The valuation of assets and liabilities is undertaken in a reliable, decision useful and transparent manner.

 


14.4

The valuation of assets and liabilities is an economic valuation.



14.5

An economic valuation of assets and liabilities reflects the risk-adjusted present values of their cash flows.

 


14.6

The value of technical provisions and other liabilities does not reflect the insurer’s own credit standing


14.7

The valuation of technical provisions exceeds the Current Estimate by a margin (Margin over the Current Estimate or MOCE).

 


14.8

The Current Estimate reflects the expected present value of all relevant future cash flows that arise in fulfilling insurance obligations, using unbiased, current assumptions.


14.9

The MOCE reflects the inherent uncertainty related to all relevant future cash flows that arise in fulfilling insurance obligations over the full time horizon thereof.

 


14.10

The valuation of technical provisions allows for the time value of money. The supervisor establishes criteria for the determination of appropriate rates to be used in the discounting of technical provisions.


14.11

The supervisor requires the valuation of technical provisions to make appropriate allowance for embedded options and guarantees.

ICP 15 Investments

The supervisor establishes regulatory investment requirements for solvency purposes in order for insurers to make appropriate investments taking account of the risks they face.


Basis for Establishing Regulatory Investment Requirements


15.1

The supervisor establishes regulatory investment requirements on the investment activities of the insurer.


Regulatory investment requirements regarding the asset portfolio


15.2

The supervisor requires the insurer to invest assets so that, for its portfolio as a whole:
  • assets are sufficiently secure and are held in the appropriate location for their availability;
  • payments to policyholders or creditors can be made as they fall due; and
  • assets are adequately diversified.


Regulatory investment requirements relating to the nature of the liabilities


15.3

The supervisor requires the insurer to invest in a manner that is appropriate to the nature and duration of its liabilities.


Regulatory investment requirements regarding risk assessability


15.4

The supervisor requires the insurer to invest only in assets where it can properly assess and manage the risks.

Regulatory investment requirements relating to specific financial instruments


15.5

The supervisor establishes quantitative and qualitative requirements, where appropriate, on:
  • the use of more complex and less transparent classes of assets; and
  • investments in markets or instruments that are subject to less governance or regulation.

ICP 16 Enterprise Risk Management for Solvency Purposes

The supervisor requires the insurer to establish within its risk management system an enterprise risk management (ERM) framework for solvency purposes to identify, measure, report and manage the insurer’s risks in an ongoing and integrated manner.


Enterprise risk management framework - risk identification


16.1

The supervisor requires the insurer’s ERM framework to provide for the identification of all reasonably foreseeable and relevant material risks and risk interdependencies for risk and capital management.


Enterprise risk management framework - quantitative techniques to measure risk


16.2

The supervisor requires the insurer’s ERM framework to:
  • provide for the quantification of risk and risk interdependencies under a sufficiently wide range of techniques for risk and capital management; and
  • as necessary, include the performance of stress testing to assess the resilience of its total balance sheet against macroeconomic stresses.


Enterprise risk management framework - Inter-relationship of risk appetite, risk limits and capital adequacy


16.3

The supervisor requires the insurer’s ERM framework to reflect the relationship between the insurer’s risk appetite, risk limits, regulatory capital requirements, economic capital and the processes and methods for monitoring risk.

Enterprise risk management framework - risk appetite statement


16.4

The supervisor requires the insurer to have a risk appetite statement that:
  • articulates the aggregate level and types of risk the insurer is willing to assume within its risk capacity to achieve its financial and strategic objectives, and business plan;
  • takes into account all relevant and material categories of risk and their interdependencies within the insurer’s current and target risk profiles; and
  • is operationalised in its business strategy and day-to-day operations through a more granular risk limits structure.


Asset-liability management, investment, underwriting and liquidity risk management policies


16.5

The supervisor requires the insurer’s ERM framework to include an explicit asset-liability management (ALM) policy which specifies the nature, role and extent of ALM activities and their relationship with product development, pricing functions and investment management.


16.6

The supervisor requires the insurer’s ERM framework to include an explicit investment policy that:
  • addresses investment risk according to the insurer’s risk appetite and risk limits structure;
  • specifies the nature, role and extent of the insurer’s investment activities and how the insurer complies with regulatory investment requirements; and
  • establishes explicit risk management procedures with regard to more complex and less transparent classes of asset and investments in markets or instruments that are subject to less governance or regulation; and
  • as necessary, includes a counterparty risk appetite statement.

16.7

The supervisor requires the insurer’s ERM framework to include an underwriting policy that addresses the:
  • insurer’s underwriting risk according to the insurer’s risk appetite and risk limits structure;
  • nature of risks to be underwritten, including any material relationship with macroeconomic conditions; and
  • interaction of the underwriting strategy with the insurer’s reinsurance strategy and pricing.

16.8

The supervisor requires the insurer’s ERM framework to address liquidity risk and to contain strategies, policies and processes to maintain adequate liquidity to meet its liabilities as they fall due in normal and stressed conditions.

16.9

The supervisor requires, as necessary, the insurer to establish more detailed liquidity risk management processes, as part of its ERM framework, that include:
  • liquidity stress testing;
  • maintenance of a portfolio of unencumbered highly liquid assets in appropriate locations;
  • a contingency funding plan; and
  • the submission of a liquidity risk management report to the supervisor.


Own risk and solvency assessment (ORSA)


16.10

The supervisor requires the insurer to perform regularly its own risk and solvency assessment (ORSA) to assess the adequacy of its risk management and current, and likely future, solvency position.

16.11

The supervisor requires the insurer’s Board and Senior Management to be responsible for the ORSA.

16.12

The supervisor requires the insurer’s ORSA to:
  • encompass all reasonably foreseeable and relevant material risks including, at least, insurance, credit, market, concentration, operational and liquidity risks and (if applicable) group risk; and
  • identify the relationship between risk management and the level and quality of financial resources needed and available 
and, as necessary:
  • assess the insurer’s resilience against severe but plausible macroeconomic stresses through scenario analysis or stress testing; and
  • assess aggregate counterparty exposures and analyse the effect of stress events on material counterparty exposures through scenario analysis or stress testing.


ORSA - economic and regulatory capital


16.13

The supervisor requires the insurer to:
  • determine, as part of its ORSA, the overall financial resources it needs to manage its business given its risk appetite and business plans;
  • base its risk management actions on consideration of its economic capital, regulatory capital requirements, financial resources, and its ORSA; and
  • assess the quality and adequacy of its capital resources to meet regulatory capital requirements and any additional capital needs.


ORSA - continuity analysis


16.14

The supervisor requires:
  • the insurer, as part of its ORSA, to analyse its ability to continue in business, and the risk management and financial resources required to do so over a longer time horizon than typically used to determine regulatory capital requirements; and
  • the insurer’s continuity analysis to address a combination of quantitative and qualitative elements in the medium and longer-term business strategy of the insurer and include projections of its future financial position and analysis of its ability to meet future regulatory capital requirements.


Recovery Planning


16.15

The supervisor requires, as necessary, insurers to evaluate in advance their specific risks and options in possible recovery scenarios.


Role of supervision in ERM for solvency purposes


16.16

The supervisor undertakes reviews of the insurer's ERM framework, including the ORSA. Where necessary, the supervisor requires strengthening of the insurer’s ERM framework, solvency assessment and capital management processes.

ICP 17 Capital Adequacy

The supervisor establishes capital adequacy requirements for solvency purposes so that insurers can absorb significant unforeseen losses and to provide for degrees of supervisory intervention. 


Capital adequacy in the context of a total balance sheet approach


17.1

The supervisor requires that a total balance sheet approach is used in the assessment of solvency to recognise the interdependence between assets, liabilities, regulatory capital requirements and capital resources and to require that risks are appropriately recognised.


Establishing regulatory capital requirements


17.2

The supervisor establishes regulatory capital requirements at a sufficient level so that, in adversity, an insurer’s obligations to policyholders will continue to be met as they fall due and requires that insurers maintain capital resources to meet the regulatory capital requirements.

 


Structure of regulatory capital requirements - solvency control levels


17.3

The regulatory capital requirements include solvency control levels which trigger different degrees of intervention by the supervisor with an appropriate degree of urgency and requires coherence between the solvency control levels established and the associated corrective action that may be at the disposal of the insurer and/or the supervisor.

 


Structure of regulatory capital requirements - triggers for supervisory intervention in the context of legal entity capital adequacy assessment


17.4

In the context of insurance legal entity capital adequacy assessment, the regulatory capital requirements establish:
  • a solvency control level above which the supervisor does not intervene on capital adequacy grounds. This is referred to as the Prescribed Capital Requirement (PCR). The PCR is defined such that assets will exceed technical provisions and other liabilities with a specified level of safety over a defined time horizon.
  • a solvency control level at which, if breached, the supervisor would invoke its strongest actions, in the absence of appropriate corrective action by the insurance legal entity. This is referred to as the Minimum Capital Requirement (MCR). The MCR is subject to a minimum bound below which no insurer is regarded to be viable to operate effectively.


Structure of regulatory capital requirements - Triggers for supervisory intervention in the context of group-wide capital adequacy assessment


17.5

In the context of group-wide capital adequacy assessment, the regulatory capital requirements establish solvency control levels that are appropriate in the context of the approach to group-wide capital adequacy that is applied.


Structure of regulatory capital requirements - approaches to determining regulatory capital requirements


17.6

The regulatory capital requirements are established in an open and transparent process, and the objectives of the regulatory capital requirements and the bases on which they are determined are explicit. In determining regulatory capital requirements, the supervisor allows a set of standardised and, if appropriate, other approved more tailored approaches such as the use of (partial or full) internal models.


17.7

The supervisor addresses all relevant and material categories of risk in insurers and is explicit as to where risks are addressed, whether solely in technical provisions, solely in regulatory capital requirements or if addressed in both, as to the extent to which the risks are addressed in each. The supervisor is also explicit as to how risks and their aggregation are reflected in regulatory capital requirements.


17.8

The supervisor sets appropriate target criteria for the calculation of regulatory capital requirements, which underlie the calibration of a standardised approach. Where the supervisor allows the use of approved more tailored approaches such as internal models for the purpose of determining regulatory capital requirements, the target criteria underlying the calibration of the standardised approach are also used by those approaches for that purpose to require broad consistency among all insurers within the jurisdiction.


Variation of regulatory capital requirements


17.9

Any variations to the regulatory capital requirement imposed by the supervisor are made within a transparent framework, are appropriate to the nature, scale and complexity according to the target criteria and are only expected to be required in limited circumstances.


Identification of capital resources potentially available for solvency purposes


17.10

The supervisor defines the approach to determining the capital resources eligible to meet regulatory capital requirements and their value, consistent with a total balance sheet approach for solvency assessment and having regard to the quality and suitability of capital elements.


Criteria for the assessment of the quality and suitability of capital resources


17.11

The supervisor establishes criteria for assessing the quality and suitability of capital resources, having regard to their ability to absorb losses on both a going concern and wind-up basis.


General provisions on the use of an internal model to determine regulatory capital requirements


17.12

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor:
  • establishes appropriate modelling criteria to be used for the determination of regulatory capital requirements, which require broad consistency among all insurers within the jurisdiction; and
  • identifies the different levels of regulatory capital requirements for which the use of internal models is allowed.


Initial validation and supervisory approval of internal models


17.13

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor requires:
  • prior supervisory approval for the insurer’s use of an internal model for the purpose of calculating regulatory capital requirements;
  • the insurer to adopt risk modelling techniques and approaches appropriate to the nature, scale and complexity of its current risks and those incorporated within its risk strategy and business objectives in constructing its internal model for regulatory capital purposes;
  • the insurer to validate an internal model to be used for regulatory capital purposes by subjecting it, at least, to three tests: “statistical quality test”, “calibration test” and “use test”; and
  • the insurer to demonstrate that the model is appropriate for regulatory capital purposes and to demonstrate the results of each of the three tests.


Statistical quality test for internal models


17.14

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor requires:
  • the insurer to conduct a “statistical quality test” which assesses the base quantitative methodology of the internal model, to demonstrate the appropriateness of this methodology, including the choice of model inputs and parameters, and to justify the assumptions underlying the model; and
  • that the determination of the regulatory capital requirement using an internal model addresses the overall risk position of the insurer and that the underlying data used in the model is accurate and complete.


Calibration test for internal models


17.15

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor requires the insurer to conduct a “calibration test” to demonstrate that the regulatory capital requirement determined by the internal model satisfies the specified modelling criteria.


Use test and governance for internal models


17.16

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor requires:
  • the insurer to fully embed the internal model, its methodologies and results, into the insurer’s risk strategy and operational processes (the “use test”);
  • the insurer's Board and Senior Management to have overall control of and responsibility for the construction and use of the internal model for risk management purposes, and ensure sufficient understanding of the model's construction at appropriate levels within the insurer's organisational structure. In particular, the supervisor requires the insurer’s Board and Senior Management to understand the consequences of the internal model's outputs and limitations for risk and capital management decisions; and
  • the insurer to have adequate governance and internal controls in place with respect to the internal model.


Documentation for internal models


17.17

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor requires the insurer to document the design, construction and governance of the internal model, including an outline of the rationale and assumptions underlying its methodology. The supervisor requires the documentation to be sufficient to demonstrate compliance with the regulatory validation requirements for internal models, including the statistical quality test, calibration test and use test outlined above.


Ongoing validation and supervisory approval of the internal model


17.18

Where a supervisor allows the use of internal models to determine regulatory capital requirements, the supervisor requires:
  • the insurer to monitor the performance of its internal model and regularly review and validate the ongoing appropriateness of the model’s specifications. The supervisor requires the insurer to demonstrate that the model remains fit for regulatory capital purposes in changing circumstances against the criteria of the statistical quality test, calibration test and use test;
  • the insurer to notify the supervisor of material changes to the internal model made by it for review and continued approval of the use of the model for regulatory capital purposes;
  • the insurer to properly document internal model changes; and
  • the insurer to report information necessary for supervisory review and ongoing approval of the internal model on a regular basis, as determined appropriate by the supervisor. The information includes details of how the model is embedded within the insurer’s governance and operational processes and risk management strategy, as well as information on the risks assessed by the model and the capital assessment derived from its operation.

ICP 18 Intermediaries

The supervisor sets and enforces requirements for the conduct of insurance intermediaries, in order that they conduct business in a professional and transparent manner.


18.1

The supervisor requires insurance intermediaries operating in its jurisdiction to be licensed.

 


18.2

The supervisor ensures that insurance intermediaries licensed in its jurisdiction are subject to ongoing supervisory review.

 


18.3

The supervisor requires insurance intermediaries to maintain appropriate levels of professional knowledge and experience, integrity and competence.


18.4

The supervisor requires that insurance intermediaries apply appropriate governance.

 


18.5

The supervisor requires insurance intermediaries to disclose to customers, at least:
  • the terms and conditions of business between themselves and the customer;
  • the relationship they have with the insurers with whom they deal; and
  • information on the basis on which they are remunerated where a potential conflict of interest exists.

18.6

The supervisor requires an insurance intermediary who handles client monies to have safeguards in place to protect these funds. 

 


18.7

Where appropriate, the supervisor takes supervisory measures against licensed insurance intermediaries.

 


18.8

The supervisor checks that the intermediary is taking the measures required and escalates such measures if its concerns are not being addressed.


18.9

The supervisor takes measures against individuals or entities that conduct insurance intermediation without the necessary licence.

ICP 19 Conduct of Business

The supervisor requires that insurers and intermediaries, in their conduct of insurance business, treat customers fairly, both before a contract is entered into and through to the point at which all obligations under a contract have been satisfied.


Fair treatment of customers


19.1

The supervisor requires insurers and intermediaries to act with due skill, care and diligence when dealing with customers. 


19.2

The supervisor requires insurers and intermediaries to establish and implement policies and processes on the fair treatment of customers, as an integral part of their business culture. 


19.3

The supervisor requires insurers and intermediaries to avoid or properly manage any potential conflicts of interest.  


19.4

The supervisor requires insurers and intermediaries to have arrangements in place in dealing with each other to ensure the fair treatment of customers.


Product development and pre-contractual stage


19.5

The supervisor requires insurers to take into account the interests of different types of consumers when developing and distributing insurance products. 


19.6

The supervisor requires insurers and intermediaries to promote products and services in a manner that is clear, fair and not misleading. 

 


19.7

The supervisor requires insurers and intermediaries to provide timely, clear and adequate pre-contractual and contractual information to customers. 

 


19.8

Where customers receive advice before concluding an insurance contract the supervisor requires that the advice provided by insurers and intermediaries takes into account the customer’s disclosed circumstances.


Policy servicing


19.9

The supervisor requires insurers to: 
  • service policies appropriately through to the point at which all obligations under the policy have been satisfied;
  • disclose to the policyholder information on any contractual changes during the life of the contract; and
  • disclose to the policyholder further relevant information depending on the type of insurance product.

19.10

The supervisor requires insurers to handle claims in a timely, fair and transparent manner. 

 


19.11

The supervisor requires insurers and intermediaries to handle complaints in a timely and fair manner.  

 


19.12

The supervisor requires insurers and intermediaries to have policies and processes for the protection and use of information on customers.   


Information supporting fair treatment


19.13

The supervisor publicly discloses information that supports the fair treatment of customers. 

ICP 20 Public Disclosure

The supervisor requires insurers to disclose relevant and comprehensive information on a timely basis in order to give policyholders and market participants a clear view of their business activities, risks, performance and financial position.


20.1

Subject to their nature, scale and complexity, insurers make audited financial statements available at least annually.


20.2

Insurers disclose, at least annually and in a way that is publicly accessible, appropriately detailed information on their:
  • company profile;
  • corporate governance framework;
  • technical provisions;
  • insurance risk exposure;
  • financial instruments and other investments;
  • investment risk exposure;
  • asset-liability management;
  • capital adequacy;
  • liquidity risk; and
  • financial performance.


Company Profile


20.3

Disclosures include information about the insurer’s company profile such as:
  • the nature of its business;
  • its corporate structure;
  • key business segments;
  • the external environment in which it operates; and
  • its objectives and the strategies for achieving those objectives.


Corporate Governance Framework


20.4

The supervisor requires that disclosures about the insurer’s corporate governance framework provide information on the key features of the framework, including its internal controls and risk management, and how they are implemented.


Technical Provisions


20.5

The supervisor requires that disclosures about the insurer’s technical provisions are presented by material insurance business segment and include, where relevant, information on:
  • the future cash flow assumptions;
  • the rationale for the choice of discount rates;
  • the risk adjustment methodology where used; and
  • other information as appropriate to provide a description of the method used.


Insurance Risk Exposures


20.6

The supervisor requires that disclosures about the insurer’s reasonably foreseeable and material insurance risk exposures, and their management, include information on:
  • the nature, scale and complexity of risks arising from its insurance contracts;
  • the insurer’s risk management objectives and policies;
  • models and techniques for managing insurance risks (including underwriting processes);
  • its use of reinsurance or other forms of risk transfer; and
  • its insurance risk concentrations.


Financial Instruments and Other Investments


20.7

The supervisor requires that disclosures about the insurer’s financial instruments and other investments include information on:
  • instruments and investments by class;
  • investment management objectives, policies and processes; and
  • values, assumptions and methods used for general purpose financial reporting and solvency purposes, as well as an explanation of any differences, where applicable.


Investment Risk Exposures


20.8

The supervisor requires disclosures about the insurer’s material investment risk exposures, and their management.


Asset-Liability Management


20.9

Disclosures about the insurer’s asset-liability management (ALM) include information on:
  • ALM in total and, where appropriate, at a segmented level;
  • the methodology used and the key assumptions employed in measuring assets and liabilities for ALM purposes; and
  • any capital and/or provisions held as a consequence of a mismatch between assets and liabilities.


Capital Adequacy


20.10

Disclosures about the insurer’s capital adequacy include information on:
  • its objectives, policies and processes for managing capital and assessing capital adequacy;
  • the solvency requirements of the jurisdiction(s) in which the insurer operates; and
  • the capital available to cover regulatory capital requirements. If the insurer uses an internal model to determine capital resources and requirements, information about the model is disclosed.


​Liquidity Risk


20.11

The supervisor requires that disclosures about the insurer’s liquidity risk include sufficient quantitative and qualitative information to allow a meaningful assessment by market participants of the insurer’s material liquidity risk exposures.


Financial Performance


20.12

Disclosures about the insurer’s financial performance, in total and at a segmented level include information on:
  • earnings analysis;
  • claims statistics including claims development;
  • pricing adequacy; and
  • investment performance.


​Non-GAAP Financial Measures


20.13

Insurers that publicly disclose non-GAAP financial measures are required to adhere to the specified practices regarding those measures, where applicable.

ICP 21 Countering Fraud in Insurance

The supervisor requires that insurers and intermediaries take effective measures to deter, prevent, detect, report and remedy fraud in insurance.


21.1

Fraud in insurance is addressed by legislation which prescribes adequate sanctions for committing such fraud and for prejudicing an investigation into fraud.


21.2

The supervisor has a thorough and comprehensive understanding of the types of fraud risk to which insurers and intermediaries are exposed. The supervisor regularly assesses the potential fraud risks to the insurance sector and requires insurers and intermediaries to take effective measures to address those risks.


21.3

The supervisor has an effective supervisory framework to monitor and enforce compliance by insurers and intermediaries with the requirements to counter fraud in insurance.


21.4

The supervisor regularly reviews the effectiveness of the measures insurers and intermediaries and the supervisor itself are taking to deter, prevent, detect, report and remedy fraud. The supervisor takes any necessary action to improve effectiveness.


21.5

The supervisor has effective mechanisms in place, which enable it to cooperate, coordinate and exchange information with other competent authorities, such as law enforcement authorities, as well as other supervisors concerning the development and implementation of policies and activities to deter, prevent, detect, report and remedy fraud in insurance.

ICP 22 Anti-Money Laundering and Combating the Financing of Terrorism

The supervisor requires insurers and intermediaries to take effective measures to combat money laundering and terrorist financing. The supervisor takes effective measures to combat money laundering and terrorist financing.


Part A: Where the insurance supervisor is a designated AML/CFT competent authority


22.1

The supervisor:
  • has a thorough and comprehensive understanding of the ML/TF risks to which insurers and/or intermediaries are exposed;
  • uses available information to assess the ML/TF risks to the insurance sector in its jurisdiction on a regular basis; and
  • applies a Risk-Based Approach (RBA) consistent with FATF Recommendations.

22.2

The supervisor:
  • issues to insurers and/or intermediaries enforceable means on AML/CFT obligations consistent with the FATF Recommendations, for matters which are not in primary legislation;
  • establishes guidance that will assist insurers and/or intermediaries to implement and comply with their respective AML/CFT requirements; and
  • provides insurers and/or intermediaries with adequate and appropriate feedback to promote AML/CFT compliance.

22.3

The supervisor has an effective supervisory framework to monitor and enforce compliance by insurers and/or intermediaries with AML/CFT requirements.


22.4

The supervisor regularly reviews the effectiveness of the measures that insurers and/or intermediaries and the supervisor itself are taking on AML/CFT. The supervisor takes any necessary action to improve effectiveness.


22.5

The supervisor has effective mechanisms in place which enable it to cooperate, coordinate and exchange information for AML/CFT purposes with other domestic authorities as well as with supervisors in other jurisdictions.


Part B: Where the insurance supervisor is not a designated AML/CFT competent authority


22.6

The supervisor is aware of and has an understanding of ML/TF risks to which insurers and/or intermediaries are exposed. The supervisor liaises with and seeks to obtain information from the designated competent authority relating to AML/CFT by insurers and intermediaries.


22.7

The supervisor has effective mechanisms in place which enable it to cooperate, coordinate and exchange information for AML/CFT purposes with relevant domestic authorities as well as with supervisors in other jurisdictions.

ICP 23 Group-wide Supervision

The group-wide supervisor, in cooperation and coordination with other involved supervisors, identifies the insurance group and determines the scope of group supervision.


23.1

The group-wide supervisor, in cooperation and coordination with other involved supervisors, identifies all legal entities that are part of the insurance group.


23.2

The group-wide supervisor, in cooperation and coordination with other involved supervisors, determines the scope of group-wide supervision.


23.3

The group-wide supervisor and other involved supervisors do not narrow the identification of the insurance group or the scope of group-wide supervision due to lack of legal authority or supervisory power over particular legal entities.


Illustrations to assist the identification of insurance groups
 
Figure 23.1 Insurance Group

Figure 23.2 Financial Conglomerate

Figure 23.3 Insurance-led Financial Conglomerate

Figure 23.4 Wider group

ICP 24 Macroprudential Supervision

The supervisor identifies, monitors and analyses market and financial developments and other environmental factors that may impact insurers and the insurance sector, uses this information to identify vulnerabilities and address, where necessary, the build-up and transmission of systemic risk at the individual insurer and at the sector-wide level.


Data collection for macroprudential purposes


24.1

The supervisor collects data necessary for its macroprudential supervision.

 


Insurance sector analysis


24.2

The supervisor, as part of its macroprudential supervision, performs analysis of financial markets and the insurance sector that:
  • is both quantitative and qualitative;
  • considers historical trends as well as the current risk environment; and
  • considers both inward and outward risks.


Assessing systemic importance


24.3

The supervisor has an established process to assess the potential systemic importance of individual insurers and the insurance sector.

 


Supervisory response


24.4

The supervisor uses the results of its macroprudential supervision, and considers the potential systemic importance of insurers and the insurance sector, when developing and applying supervisory requirements.

 


Transparency


24.5

The supervisor publishes relevant data and statistics on the insurance sector.

 

ICP 25 Supervisory Cooperation and Coordination

The supervisor cooperates and coordinates with involved supervisors and relevant authorities to ensure effective supervision of insurers operating on a cross-border basis.

25.1

The supervisor discusses and agrees with the involved supervisors which of them is the group-wide supervisor for cross-border insurance groups operating in its jurisdiction. 


 


25.2

As a group-wide supervisor, the supervisor: 
  • understands the structure and operations of the insurance group; and
  • leads group-wide supervision, taking into account assessments made by the other involved supervisors.

25.3

As an other involved supervisor, the supervisor understands:
  • the structure and operations of the group insofar as it concerns the insurance legal entities in its jurisdiction; and
  • the way that operations of insurance legal entities of the group in its jurisdiction may affect the rest of the group

25.4

The group-wide supervisor discusses and agrees with other involved supervisors to establish suitable coordination arrangements for crossborder insurance groups operating in its jurisdiction. 

25.5

The group-wide supervisor sets out the coordination arrangements in a written coordination agreement and puts such arrangements in place.

25.6

The supervisor discusses and agrees with involved supervisors whether to establish a supervisory college for cross-border insurance groups operating in its jurisdiction, and if so, how to structure and operate the supervisory college.


Supervisory cooperation in planning for crisis management


25.7

The group-wide supervisor coordinates crisis management preparations with other involved supervisors and relevant authorities.


Supervisory cooperation during a crisis


25.8

The supervisor:
  • Informs the involved supervisors as soon as it becomes aware of a crisis;
  • cooperates and coordinates with the involved supervisors and relevant authorities to analyse and assess the crisis situation and its implications to reach a common understanding of the situation; and
  • identifies coordinated, timely and effective solutions to a crisis situation.

25.9

The group-wide supervisor coordinates with other involved supervisors and relevant authorities on public communication and communication with the insurance group during the crisis.