International Insurance and Takaful (Fees, Forms and Miscellaneous Provisions) Regulations, 2002

Insurance and Takaful

(Fees,

Forms and

Miscellaneous

Provisions)

Regulations,

2002

and shall commence on the date appointed for the commencement of the International

Insurance and Takaful Order, 2002.

Procedure where none laid down; interpretation.

(I!

If any action is required or permitted to be done or taken under the

Order and if no form is prescribed or no procedure is laid down for that purpose either in the Order or in any regulations made thereunder, application may be made to the Authority for directions as to the manner in which that action may be done or taken, and any action done or taken in accordance which the directions of the Authority shall be a valid performance of such action.

In the

The fees set out in the third column of the First Schedule are prescribed as the fees applicable to the items respectively set out in the second column of that Schedule.

A person licensed under the Order shall continue to be liable for all fees and penalties payable under the Order, notwithstanding that the licence has lapsed, been suspended or withdrawn, and notwithstanding any other written law, those fees have priority over all other claims against the assets of such person. The Authority may refuse to take any action under the Order for which a fees is prescribed until all fees have been paid.

The forms set out in the Second Schedule are prescribed as the forms to be used for the purposes of the Order.

Where a prescribed form requires completion by insertion or by an attachment referred to in the form, the contents of those insertions and attachments are prescribed as the particulars or other matters required under the

Order for the purposes for which the form is prescribed.

Directions in forms.

Subject to regulation 4(21, a prescribed form shall be completed in accordance with such directions as are specified in the form.

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PARTIV

GENERAL PROVISIONS

RELATING TO FORMS AND

OTHER DOCUMENTS

General requirements for documents lodged with Authority.

A document to be lodged with the Authority shall where applicable -

The prescribed fee payable to the Authority in respect of the lodgement of a document with the Authority shall be paid at the time the document is lodged.

Where a fee is payable for or in respect of the lodgement of any document with the Authority and the document is submitted for lodgement without payment of that fee, the document is deemed not to have been lodged until the fee has been paid.

For the purposes of the Order, any document relating to any person subject to the Order which requires verification shall be verified -

fa)

by an appropriate official in the country or territory in which that document originates;

fb)

by a notary public; or fc)

by a director, manager, executive officer, partner, trustee or secretary of the person in question, as the Authority may consider appropriate and acceptable.

Agents' authorities to be lodged.

Where a document signed by an agent of a person referred to in regulation 8fc) authorised in writing, the authority or a certified copy of the authority shall be annexed to the document lodged with the Authority.

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Signature of documents lodged with Authority.

Order or in these

Regulations, a document to be lodged with the Authority under the Order or these Regulations shall be signed or authenticated in the manner provided under any law relating to the signature or authentication of that document, or otherwise as the Authority may in any particular case permit.

Changes to documents or information.

a change to any document or information filed or supplied to the

a change in the appointment of any director, secretary, officer, partner, manager, administrator, custodian, trustee or registered agent, or any person holding or exercising the functions of any office or position analogous to any of the foregoing;

Time for lodging documents.

Where a document is required by the Order to be lodged with the Authority, and no time period within which the document is to be lodged is therein prescribed, the document shall be lodged within one month or, in the case of a document required to be lodged by a foreign company, within such further period as the Authority may in special circumstances allow after the happening of the event to which the document relates.

Affidavits and statutory declarations.

Except as otherwise provided in the Order or in these Regulations, an affidavit or statutory declaration sworn or declared for the purposes of the Order or of these

Where an affidavit or a statutory declaration required by the Order or by these Regulations purports to be sworn or declared at a place outside Brunei 835