Insurance Order, 2006 · As enacted
21. Paid-up capital and margins of solvency
Official textFrom Attorney General's Chambers, unchanged
( 1)
Every registered insurer shall maintain -
registered insurer
"registered insurer" means an insurer which has been registered by the Authority under this Order;
{a) a fund margin of solvency in respect of each of the insurance funds established by the insurer under this Order; and
(b J a margin of solvency, of such amounts as may be prescribed or determined in accordance with regulations.
The Minister may prescribe-
{a) a paid-up share capital of an insurer incorporated in Brunei
Darussalam or, where an insurer incorporated outside Brunei Darussalam does not have a share capital, its surplus of assets over liabilities, different margins of solvency under subsection ( 1) for different classes of insurance business and for different types of insurers; and
insurance business
"insurance business" includes the business of effecting and carrying out contracts {a} protecting persons against loss or liability to loss in respect of risks to which such persons may be exposed; or {b) to pay a sum of money or render money and includes reinsurance business;
{b J in respect of any type of insurers, any exception from the requirements of subsection ( 1).
Without prejudice to the generality of section 89, regulations made under this Order may -
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{a) provide for the determination of the value of assets and the amount of liabilities in any case in which the value or amount is required by this section to be determined in accordance with regulations;
provide that, for any specified purpose, assets or liabilities of any specified class or description shall be left out of account or shall be taken into account only to a specified extent; and
{c) make different provision in relation to different cases or circumstances.
For the purposes of this section-
(a} the fund margin of solvency in respect of any insurance fund is the excess of the value of the assets over the liabilities of the fund;
(b J the margin of solvency of a registered insurer is the excess of the value of its assets over the amount of its liabilities; and
that value and amount being determined in accordance with any applicable valuation regulations.
Terms defined in s 2
insurance business
Defined · s 2"insurance business" includes the business of effecting and carrying out contracts {a} protecting persons against loss or liability to loss in respect of risks to which such persons may be exposed; or {b) to pay a sum of money or render money and includes reinsurance business;
registered insurer
Defined · s 2"registered insurer" means an insurer which has been registered by the Authority under this Order;