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

Chapter 9 : Resolution

52. Application of Chapter

 

(1)
(a) This Chapter does not apply to a branch of a foreign reinsurer, a Lloyd’s underwriter, Lloyd’s or an insurer that is a designated institution in terms of the Financial Sector Regulation Act.
(b) Despite subsection (a), section 59 applies to a trust referred to in section 41.

[Section 52(1)(a) substituted by section 62 of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 1 June 2023 per (b)(i) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]

 

(2) The Prudential Authority, in addition to any other action that the Prudential Authority may take under this Act, may act in accordance with this Chapter—
(a) if an insurer or controlling company fails to—
(i) submit any plan, scheme or strategy required under this Act; or
(ii) comply with any plan, scheme or strategy approved under this Act;
(b) if the Prudential Authority reasonably believes that a plan, scheme or strategy submitted under this Act is inadequate; or
(c) in the circumstances referred to in section 29(4)(b).

 

(3) The Prudential Authority, in addition to any other action that the Prudential Authority may take under this Act, may act in accordance with section 59 in respect of a trust referred to in section 41—
(a) if a branch of a foreign reinsurer or Lloyd’s fails to—
(i) provide or maintain the security referred to in section 41 in the trust;
(ii) submit any plan or scheme required under this Act; or
(iii) comply with any plan or scheme approved under this Act;
(b) if the Prudential Authority reasonably believes that a plan or scheme submitted under this Act is inadequate; or
(c) in the circumstances referred to in section 29(4)(b).