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Insurance Companies - Dear CEO Letters

2013 Systems of Controls to prevent financial crime
With the bringing into effect of the Crimes Act 2011 a number of new and revised financial crimes were introduced into the statute books. This letter aims to provide regulated firms with guidance on our expectations of the systems of control that we expect to see in regulated firms in this respect.
2013 Dear CEO letter Insurance Companies on capital reserving risk management and corporate governance
2013 Dear CEO letter Insurance Companies - EIOPA Guidelines - FLAOR
2013 Dear CEO letter Insurance Companies - EIOPA Guidelines – Submission of information
Sent to all firms falling within the 50% and 80% thresholds as defined in the EIOPA Guidelines.
2014 Dear CEO letter Insurance Companies – Self-Assessments and Solvency 2 Plans
2014 Dear CEO letter Insurance Companies - EIOPA Guidelines - Regular Self Assessments
2015 Dear CEO letter Insurance Companies - Annual Return Checklist for General Insurers and Reinsurers
2016 Dear CEO letter - GFSC SII Engagement
2016 Dear CEO letter - Insurance Comms
2017 Dear CEO letter Insurance Companies - Quality Assurance on Solvency II returns

Insurance Companies - Forms and Returns

Qualifying holdings
Pursuant to sections 2A(4)(a) and 39C(4) of the Financial Services (Insurance Companies) Act the Commission is required to make publicly available a list specifying the information that is necessary for the Commisison to make an assessment of an application for the acquisition of or an increase in a qualifying holding of an insurance company and that must be provided to the Commission at the time of the person notifying the Commission of its intention to acquire or increase a qualifying holding. The information required by the Commission is that set out in Notification Doc 2 in respect of an Individual and Notification Doc 6 in respect of a Body Corporate.
Form 1 - General Insurance Business Application
Form 5 - Long Term Business Application
Annual Complaints Handling Form
The Managing Director or Chief Executive of a licensed insurer (Individual)
The Managing Director or Chief Executive of a licensed insurer (Body Corporate)
The Managing Director of a parent company of a licensed insurer (Individual)
The Managing Director of a parent company of a licensed insurer (Body Corporate)
The Chief Executive of a parent company, being an insurance company, of the licensed insurer
Being appointed as a Director, Manager, Gibraltar Representative or a section 24B(4)(C) Employee of a licensed insurer (Individual)
Being appointed as a Director, Manager, Gibraltar Representative or a section 24B(4)(C) Employee of a licensed insurer (Body Corporate)
No longer a Director, Manager, Gibraltar Representative or a section 24B(4)(C) Employee of a licensed insurer
Proposing to become a Controller (other than as it MD or CEO) or a Shareholder Controller of a licensed institution (Individual)
Proposing to become a Controller (other than as it MD or CEO) or a Shareholder Controller of a licensed institution (Body Corporate)
Became a Controller in a licensed institution
Ceased as a Controller of a licensed institution
Shareholders & Controllers proposing to increase holdings
If you hold 10% or more of the shares of an insurer (or of an insurer's parent company), or exercise 10% or more of the insurer's voting power (or the voting power of an insurer's parent company), you are a shareholder controller and should have notified the Commission accordingly. If you increase your shareholding in the company you may fall within another band of shareholder controllership. These bands are : 10% Shareholder Controller (10% or more but less than 20%) 20% Shareholder Controller (20% or more but less than 33%) 33% Shareholder Controller (33% or more but less than 50%) 50% Shareholder Controller (50%) Majority Shareholder Controller (more than 50%) If you increase your shareholding so that you fall within a higher band you should give prior written notice to the Commission of your intention. If the increased holding does not make the total holding fall into a higher band, no action is required.
Shareholders & Controllers proposing to decrease holdings
Proposing to decrease your holding in a licensed insurer If you decrease your shareholding in the insurance company so that you fall into a lower band of shareholder controllership you need to notify the Commission. The relevant bands are : 10% Shareholder Controller (10% or more but less than 20%) 20% Shareholder Controller (20% or more but less than 33%) 33% Shareholder Controller (33% or more but less than 50%) 50% Shareholder Controller (50%) Majority Shareholder Controller (more than 50%) If the decreased holding does not make the total holding fall into a lower band, no action is required.
Reporting the appointment or change of main agent, or reporting the appointment or change of a director of a main agent
2 Annual returns for general & life insurers and reinsurers
2 Abbreviated Annual Returns for Captive Insurers
For periods commencing on or after 1 January 2004
2 New Returns For General Business Insurers and Reinsurers
For periods ending on or after 14 January 2012
2014 Solvency 2 Self Assessment Template
2014 Solvency 2 Forecast Summary Template

Insurance Companies - Guidance Notes

Anti Money Laundering and Counter Terrorism Financing Guidance Notes

Own Risk and Solvency Assessment (ORSA) Feedback Document
1 Insurance Companies Act, 1987 Guidance Notes For Applicants To Carry On Insurance Business In Gibraltar
Removed 1st May 2009 and replaced with Universal Application Process.
11 The use of Derivative Contracts in Insurance Funds
This note discusses valuation issues surrounding the use of derivative contracts in those funds of an insurer which are subject to "asset valuation rules."
12 Linked Contracts
This guidance discusses the changes made to the Insurance Companies (Valuation of Assets and Liabilities) Regulations in March 1997. It concentrates on the aspects of linked contracts which are relatively new or potentially problematic.
13 The Insurance Groups Directive Parent Undertaking Solvency Margin Calculation
This guidance relates to the parent undertaking solvency calculation required by the Insurance Groups Directive and implemented by the Insurance Companies (Parent Undertaking Solvency Margin Calculation) Regulations 2004 "the Regulations").
14 System of Governance - Insurance Transition to Governance Requirements established under the Solvency II Directive
This Guidance Note provides Guidelines for Gibraltar licensed insurance and reinsurance undertakings or those that have submitted an application for a licence (“undertaking”) on the system of governance which should be in place to ensure that the undertaking meets the criteria of sound and prudent management set out in the Financial Services (Insurance Companies) Act and/or that demonstrates that the undertaking is taking necessary steps to ensure that it will be able to meet the corporate governance requirements established under the Solvency II Directive when that Directive takes effect, currently expected to be 1 January 2016.
2 Outsourcing
Financial Services Guidance Note No. 2
2 Guidance Note on the preparation of annual returns for general business insurers and reinsurers
Intended to assist companies in the preparation of the annual accounts and statements in respect of general business which must be submitted to the Commissioner of Insurance. (Revised on 18/3/2004)
2 Guidance Note on the preparation of annual returns for long term business insurers and reinsurers
Intended to assist companies in the preparation of the annual accounts and statements in respect of long term business which must be submitted to the Commissioner of Insurance. (Revised on 18/3/2004)
2 The Use and Preparation of Abbreviated Annual Returns for Captive Insurers
Sets out the circumstances in which these abbreviated returns may be used and provides guidance in their preparation. (Revised on 18/3/2004)
2 Guidance Notes On The Preparation Of The New Returns For General Business Insurers and Reinsurers
This Guidance Note deals with the requirements for general business insurers and reinsurers who wish to report using the New Returns format.
3 Changes of Notifiable Persons
To explain the way persons (for example, controllers, shareholders, directors, managers and main agents of insurance companies) must be notified to the Commissioner.
4 Valuation of assets
Prepared to assist licensed insurers, their auditors and others who may be concerned in the valuation of an insurer’s assets and liabilities. (This Guidance Note was revised on 19th September 1997)
5 Systems of control over investments (and counterparty exposure), including the use of derivatives
These notes impact, in particular, on an important aspect of the criteria, set out in the third directives, against which it can be judged whether insurers are managing their business in a sound and prudent manner.
6 Systems of control over General Business Claims Provisions
Provides guidance for insurers on the controls which should be in place in order to ensure that the amounts set aside for claims outstanding and for claims handling expenses are appropriately established, properly recorded and effectively monitored.
7 Disclosure of Information relating to Non-Life Contracts
Issued to insurance brokers licensed under the Financial Services Ordinance, as well as to licensed insurers and their advisers. The Note offers guidance on the information which is required, under the third insurance directives, to be given to policyholders.
8 Disclosure of Information Relating to Life Assurance Contracts
Issued to insurance brokers licensed under the Financial Services Ordinance, as well as to licensed insurers and their advisers. The Notes offer guidance on the information which is required, under the third insurance directives, to be given to policyholders.
9 Reporting the use of Derivatives
Deals with the reporting of derivatives as required by regulation 23 and Forms INS 9 of the Insurance Companies (Accounts and Statements) Regulations 1998. (This note was revised in March 1999 to reflect the replacement of the earlier, 1996 Regulations, by the 1998 Regulations).
EIOPA 1 2012 Guidelines on Complaints-Handling by Insurance Undertakings

Pursuant to Guideline 4, the GFSC requires insurance companies to submit an Annual Complaint Handling Form. This should be submitted at the same time as the annual return and should reference the same period.

Please note that the Form should be submitted at the same time as the annual return and should reference the same period.

With respect to complaints received, the GFSC requires that insurance companies acknowledge receipt of complaints within two weeks and provide a final written response within twelve weeks.

EIOPA 1 2014 Guidelines on Forward Looking assessment of own risks (based on the ORSA principles)
EIOPA 2 2014 Guidelines on Pre-Application of Internal Models
EIOPA 3 2014 Guidelines on Submission of Information to National Competent Authorities
EIOPA 4 2014 Guidelines on System of Governance
EIOPA 2015 EIOPA Guidelines

Insurance Companies - Legislation

ACT 10 1987 Financial Services (Insurance Companies) Act, 1987
ACT 21 1987 Insurance Companies (Amendment) Act, 1987
LN 11 1990 Notice of Corrigendum to the Insurance Companies (Licensing Application) Regulations, 1990
ACT 43 1990 Insurance Companies (Amendment) Act, 1990
LN 9 1990 Insurance Companies (Licensing Application) Regulations, 1990
ACT 2 1994 Insurance Companies (Amendment) Act, 1994
LN 42 1995 Insurance Companies Act (General Insurance and Long Term Insurance Directives) Regulations, 1995
LN 50 1995 Insurance Companies Act (General Insurance and Long Term Insurance Directives)(No2) Regulations, 1995
LN 51 1995 Notice of Corrigendum to the Insurance Companies Act (General and Long Term Insurance Directives) Regulations, 1995
LN 63 1996 Insurance Companies Act (General Insurance and Long Term Insurance Directives) Regulations, 1996
LN 64 1996 Insurance Companies (Conduct of Business) Regulations, 1996
LN 65 1996 Insurance Companies (Deposits) Regulations, 1996
LN 66 1996 Insurance Companies (Prescribed Particulars) Regulations, 1996
LN 68 1996 Insurance Companies (Valuation of Assets and Liabilities) Regulations, 1996
LN 69 1996 Insurance Companies (Forms) Regulations, 1996
LN 112 1997 Insurance Companies (Auditors) Regulations, 1997
LN 113 1997 Insurance Companies (Valuation of Assets and Liabilities)(Amendment)(No.2) Regulations, 1997
LN 136 1997 Insurance Companies (Prudential Supervision) Regulations, 1997
LN 24 1997 Insurance Companies (Accounts Directive) Regulations, 1997
LN 29 1997 Insurance Companies (Valuation of Assets and Liabilities)(Amendment) Regulations, 1997
ACT 8 1997 Insurance Companies (Amendment) Act, 1997
LN 118 1998 Insurance Companies (Accounts And Statements) Regulations, 1998
LN 42 2000 Insurance Companies (Accounts And Statements) (Amendment) Regulations, 2000
ACT 22 2001 The Protected Cell Companies Act, 2001
SI 3084 2001 The Financial Services and Markets Act 2000 (Gibraltar) Order 2001
LN 24 2002 Insurance Companies (Prescribed Particulars)(Amendment) Regulations, 2002
ACT 1 2003 Insurance Companies (Amendment) Act, 2003
LN 9 2003 Insurance Companies (Prescribed Particulars)(Amendment) Regulations, 2003
LN 10 2004 Insurance Companies (Valuation of Assets and Liabilities)(Amendment) Regulations, 2004
LN 11 2004 Insurance Companies (Solvency Margins and Guarantee Funds) Regulations, 2004
LN 13 2004 Insurance Companies (Prescribed Particulars)(Amendment) Regulations, 2004
LN 15 2004 The Insurance Companies (Parent Undertaking Solvency Margin Calculation) Regulations, 2004
LN 16 2004 Insurance Companies (Accounts and Statements)(Amendment No. 2) Regulations, 2004
ACT 16 2004 Insurers (Reorganisation and Winding Up) Act, 2004
LN 17 2004 Insurance Companies (Valuation of Assets and Liabilities)(Amendment No. 2) Regulations, 2004
LN 20 2004 Insurance Companies (Accounts and Statements)(Amendment) Regulations, 2004
ACT 7 2004 Insurance Companies (Amendment) Act, 2004
LN 142 2005 Insurance Companies (Accounts Directive)(Amendment) Regulations, 2005
LN 151 2005 Notice of Corrigendum of the Insurance Companies (Accounts Directive)(Amendment) Regulations 2005
ACT 21 2005 Insurance Companies (Amendment) Act, 2005
ACT 55 2005 Insurance Companies (Amendment)(No.2) Act 2005
LN 141 2006 Insurance Companies (Accounts And Statements) (Amendment) Regulations, 2006
LN 142 2006 Insurance Companies (Solvency Margins and Guarantee Funds)(Amendment) Regulations, 2006
ACT 23 2006 Financial Services (Distance Marketing) Act 2006
ACT 24 2006 Insurance Companies (Amendment No.2) Act, 2006
ACT 7 2006 Insurance Companies (Amendment) Act, 2006
ACT 11 2007 Financial Services (Temporary Business Continuity) Act 2007
LN 142 2007 Insurance Companies (Solvency Margins and Guarantee Funds) (Amendment) Regulations 2007
LN 143 2007 Insurance Companies (Valuation of Assets And Liabilities) (Amendment) Regulations 2007
LN 144 2007 Insurance Companies (Supplementary Supervision) Regulations 2007
LN 145 2007 Insurance Companies (Auditors) (Amendment) Regulations 2007
LN 147 2007 Insurance Companies (Parent Undertaking Solvency Margin Calculation)(Amendment) Regulations 2007
LN 148 2007 Insurance Companies (Prescribed Particulars)(Amendment) Regulations 2007
SI 3254 2007 The Financial Services and Markets Act 2000 (Reinsurance Directive) Order 2007
LN 45 2007 Insurance Companies (Prescribed Particulars) (Amendment) Regulations, 2007
LN 73 2007 Financial Services (Temporary Business Continuity) (Fees) Regulations 2007
LN 81 2007 Financial Services (Temporary Business Continuity) Act 2007
LN 31 2008 Insurance Companies (Prescribed Particulars) (Amendment) Regulations 2008
LN 12 2009 Insurance Companies (Special Purpose Vehicles) Regulations 2009
ACT 17 2009 Insurance Companies (Amendment) Act, 2009
ACT 32 2009 Financial Services (Insurance Companies) (Amendment) Act 2009
Act 1 2010 Counter Terrorism Act
LN 11 2010 Insurance Companies (Accounts Directive) (Amendment) Regulations 2010
LN 54 2010 Insurance Companies (Accounts Directive)(Amendment)(No.2) Regulations 2010
LN 6 2010 Financial Services (Insurance Companies) (Amendment) Regulations 2010
LN 64 2010 Insurance Companies (Prescribed Particulars)(Amendment) Regulations 2010
LN 69 2010 Insurance Companies (Licence Fees) Regulations 2011
LN 70 2010 Insurance Companies (Prescribed Particulars)(Amendment)(No.2) Regulations 2010
LN 38 2011 Insurance Companies (Licence Fees)(Amendment) Regulations 2011
LN 201 2012 Financial Services (Insurance Companies) Act (Amendment) Regulations 2012
LN 203 2012 Financial Services (Insurance Companies) (Amendment No.2) Regulations 2012
LN 204 2012 Insurance Companies (Supplementary Supervision) (Amendment) Regulations 2012
LN 205 2012 Insurance Companies (Valuation of Assets and Liabilities) (Amendment) Regulations
LN 48 2012 Insurance Companies (Licence Fees)(Amendment) Regulations 2012
LN 76 2012 Financial Services Commission (Supervisory Acts) Order 2012
ACT 22 2013 Financial Services (Information Gathering and Co-operation) Act 2013
LN 86 2013 Insurance Companies (Supplementary Supervision) (Amendment) Regulations 2013
LN 158 2014 Financial Services (Insurance Companies)(Solvency II Levy) Regulations 2014
LN 63 2014 Insurance Companies (Licence Fees) (Amendment) Regulations 2014
Act 14 2015 Proceeds of Crime Act 2015
LN 71 2016 Financial Services Commission (Fees) Regulations 2016

Insurance Companies - Newsletters

1 1996 Insurance Guidance Notes
FSC 3 1996 Insurance Managers
1 1997 Insurance Guidance Notes
2 1997 Changes to Insurance Legislation
3 1997 Legislative Changes Affecting Insurance Companies and their Auditors
4 1997 Update on Issues Affecting Insurance Companies Licensed under the Insurance Companies Act
FSC 1 1998 The General Duties and Responsibilities of Directors
1 1999 EMU, the Euro and the Annual Returns - Changes which will affect insurance companies licensed in Gibraltar
2 1999 Abbreviated Returns For Captive Insurers
3 1999 Euro exchange rate for the 12 months commencing 31 December 1999
1 2001 Euro exchange rate for the 12 months commencing 31 December 2000
1 2002 Euro exchange rate for the 12 months commencing 31 December 2001
FSC 1 2002 Fitness and Propriety
2 2002 New Insurance Fees
3 2002 New Solvency Margin Requirements for Life and Non-Life Insurance Companies - transitional arrangements
4 2002 Fourth Motor Insurance Directive
5 2002 Euro exchange rate for the 12 months commencing 31 December 2002
FSC 1 2003 Retrospective "Know Your Customer" Reviews
1 2003 Euro exchange rate for the 12 months commencing 31 December 2003
FSC 2 2003 UN Sanctions: Freeze and transfer of Iraqi assets
1 2004 New insurance fees
2 2004 The Insurance Groups Directive
3 2004 Solvency I Directives
4 2004 Amendments To Insurance Guidance Notes
5 2004 Euro Exchange Rate for the twelve month period commencing 31 December 2004
1 2005 Euro Exchange Rate for the twelve month period commencing 31 December 2005
1 2006 Euro Exchange Rate for the twelve month period commencing 31 December 2006
FSC 1 2006 Risk Assessment Visits - Findings
2 2006 Solvency 1 - Annual Review of the amount of the Minimum Guarantee Fund and the premiums and claims indices
1 2007 New Insurance Fees
2 2007 Euro exchange rate for the 12 months commencing 31 December 2007
FSC 3 2007 Distance Marketing
1 2008 Insurance Fees
2 2008 New Returns for General Business Insurers and Reinsurers
3 2008 Euro Exchange Rate for the twelve month period commencing 31 December 2008
1 2009 Solvency 1 - Annual Review of the amount of the Minimum Guarantee Fund and the premiums and claims indices
3 2009 Euro Exchange Rate for the twelve month period commencing 31 December 2009
1 2010 Euro Exchange Rate for the twelve month period commencing 31 December 2010
1 2011 Euro Exchange Rate for the twelve month period commencing 31 December 2011
1 2012 Solvency 1 - Annual Review of the amount of the Minimum Guarantee Fund and the premiums and claims indices
FSC 11 2012 Enhancing the confirmations provided by Statutory Auditors and Audit firms for the Capitalisation of Licenced Companies
FSC 3 2012 Annual Fees Update 2012
FSC 1 2013 Euro Exchange Rates for the period commencing 31 December 2012
2 2013 Frequency of Director's Board meetings held for Regulated Firms
FSC 5 2013 Financial Services (Information Gathering and Co-operation) Act
FSC 7 2013 Euro Exchange Rates for the twelve month period commencing 31 December 2013
FSC 8 2013 Country Risk Update
FSC 2014 Solvency II Progress Update
FSC 2014 Solvency 2 - December 2014 Update. (*The Annex to this update was revised in January 2015 with updated links to the EIOPA website)
FSC 5 2014 Euro Exchange Rates for the twelve month period commencing 31 December 2014
FSC 2015 Feedback Paper - Self Assessment No. 2
As part of the GFSC’s ongoing assessment of insurers’ preparations for Solvency 2 a number of self-assessments were requested in quarter 3 of 2014. This paper looks at each pillar of Solvency 2 in turn, as well as a section on firms’ implementation plans. At the outset of each section we provide a reminder of the GFSC’s expectations of firms. The content of this paper is important. Firms should make their respective Boards of Directors aware of it.
FSC 2 2015 Euro Exchange Rates for the 12 month period commencing 31 December 2015
FSC 2 2015 Country Risk Update
FSC 1 2016 Country Risk Update 01/16
Improving Global AML/CFT Compliance: on-going process.
FSC 2 2016 Country Risk Update 02/16
Improving Global AML/CFT Compliance: on-going process.
FSC 3 2016 Country Risk Update 03/16
Improving Global AML/CFT Compliance: on-going process.
FSC 4 2016 Euro Exchange Rates for the 12 month period commencing 31st December 2016
FSC 4 2016 Country Risk Update 04/16
Improving Global AML/CFT Compliance: on-going process

Insurance Companies - Presentations

11 2006 Presenting the revised AML/CFT Guidance Notes
David Parody
2 2006 London Insurance Seminar
Marcus Killick
11 2007 The revised AML/CFT Guidance Notes
GACO - David Parody
11 2007 The FSC's approach to AML/CFT Compliance
GACO - David Parody
6 2007 Solvency II
Speech by Marcus Killick (CEO) given at Willis Conference
2 2008 Regulatory framework for Insurance in Gibraltar
Marcus Killick
11 2009 Solvency II - The Story To Date
Presentation by Mike Oliver (Head of Insurance) to the GII - 25 November 2009
3 2009 Revised Risk Assessment Methodology, Corporate Governance and Approved Persons
Gibraltar Insurance Institute - Gibraltar Society of Chartered & Certified Accountancy Bodies - Gibraltar Association of Compliance Officers David Parody
1 2011 The Omnibus II Directive
Presentation to Gibraltar Insurance Association
2 2011 Quantitative Impact Study 5: Summary results and main messages
Presentation to Gibraltar Insurance Association
1 2012 Use of Actuaries in Non-Life Reserving
Presentation by Darren Viñales to Baker Tilly Insurance Conference
4 2012 GACO-FSC Risk Methodology Workshop
Slides, case study and templates for the GACO workshop held on 14 November 2012 by the FSC
2014 Solvency 2 - December 2014 Update. (*The Annex to this update was revised in January 2015 with updated links to the EIOPA website)
The FSC has published its latest update in relation to Solvency 2. The document should be read by Directors and managers of Gibraltar insurers applicants to be Gibraltar insurers that will be carrying on insurance in Gibraltar from 1 January 2016 and that will fall to be regulated under the requirements of the Directive.
3 2014 Insurance Linked Securities - Background and Guidelines
Presentation by Mr. Joe Perdoni at the Risk & Capital Conference. 4th Nov. 2014
2015 Solvency 2 - Presentation by Mr Ken Hogg – Solvency 2 Project Manager, Financial Services Commission
These slides, from a speech at a conference organised by Guy Carpenter, summarise the current state of play with preparation for Solvency 2 and next steps. They include initial feedback on insurers’ recent self-assessments.
2015 Solvency 2 - Presentation and Follow Up Training
Solvency 2 - Presentation by Mr Ken Hogg – Solvency 2 Project Manager, Gibraltar Financial Services Commission
2015 Feedback Paper - Self Assessment No. 2
As part of the GFSC’s ongoing assessment of insurers’ preparations for Solvency 2 a number of self-assessments were requested in quarter 3 of 2014. This paper looks at each pillar of Solvency 2 in turn, as well as a section on firms’ implementation plans. At the outset of each section we provide a reminder of the GFSC’s expectations of firms. The content of this paper is important. Firms should make their respective Boards of Directors aware of it.
2015 Solvency 2 for Directors - Webinar slides
Presentation run during the webinar.
2015 Solvency 2 for Directors - Webinar Video
Seamus Creedons contribution to the Solvency 2 for NEDs Webinar held by the Gibraltar Financial Services Commission on May 28, 2015
2015 Update on Solvency 2
This Update provides a reminder of the various communications from the GFSC and EIOPA over recent months. These are in addition to the many meetings we have held with individual firms, insurance managers and industry over this period to ensure that a constructive two-way dialogue continues. The GFSC continues to seek to take a proportionate approach where applicable.