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Insurance Act, 2017 (Act No. 18 of 2017)

Chapter 6 : Financial Soundness

Part 1

Financially sound condition

38. Capital and securities

 

(1) An insurer or controlling company that is a profit company, or an insurer that is a co-operative whose constitution provides for membership shares to be issued to members, may not, without the approval of the Prudential Authority
(a) authorise any additional shares, convert shares from one type to another type of shares or repurchase any of its shares;
(b) issue securities other than shares;
(c) reduce its share capital;
(d) allow a subsidiary to directly or indirectly acquire shares in it; or
(e) conclude a transaction contemplated in section 45 (loans or other financial assistance to directors) of the Companies Act.

 

(2) The Prudential Authority may prescribe the circumstances in which approval under subsection (1) is not required.