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New Insurance Law

 

The Cooperative Insurance Companies Control Law was approved through a Royal Decree number (M/32) dated 31 July 2003 which set the stage for the legal framework and supervision of the insurance sector. SAMA was appointed to act as a regulator and responsible body for the supervision of the insurance sector.  

Subsequently, Implementing Regulations were issued by Ministerial Decree No (1/596) dated 1/3/1425 H ( 20/4/2004) to govern the insurance business in Saudi Arabia. Some of the salient features of Cooperative Insurance Companies Control Law  and its Implementing Regulations are as follows:

 

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Insurance activities within Saudi Arabia to be carried out by insurance companies established and registered in Saudi Arabia and operated in a “Cooperative/Takaful” manner consistent with the principles of Islamic Law and Jurisprudence.

 

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Applicant insurer/reinsurer to be a joint stock company, established primarily to engage in insurance and/or reinsurance activities with direct insurers having a minimum capital of SAR 100 million and reinsurers having a minimum capital of SAR 200 million

 

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Gross premiums written should not exceed 10 times of the paid up capital of the company

 

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Direct insurers to retain at least 30% of total gross written premium and reinsure a minimum of 30% of total gross written premium within the Kingdom of Saudi Arabia

 

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Transfer of 90% of the net surplus from insurance operations to the shareholders' income statement and the balance of 10% to be distributed to the policyholders either directly or in the form of a future reduction in premiums

 

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Direct insurers must reinsure a minimum of 30% of total gross written premium within the Kingdom of Saudi Arabia

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Solvency requirement: using premium as well as loss ratios parameters necessitating adjustment of the shareholders equity where necessary for the protection of the policy holders

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Investment policy guidelines were introduced to secure that the assets position are Industry conform

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Safe operational practices were introduced: two auditors, internal as well as external actuaries securing appropriate pricing of risks underwritten, financial and technical reporting to the regulators

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Special requirement on directors and management of the companies.

 

 
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