Notice varying conditions on Authorisation to carry on insurance business - Long Grove Insurance Company Limited

Administered by Department of the Treasury

Legislation au C2013G00824 In force Gazette

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Notice varying conditions on Authorisation to carry on insurance business

 

Insurance Act 1973

 

 

 

TO: Long Grove Insurance Company Limited ABN 44 001 151 739 (the general insurer) GPO Box 82, Sydney NSW 2001

 

SINCE

 

A. APRA issued to the general insurer an Authorisation to carry on insurance business in

Australia under subsection 12(1) of the Insurance Act 1973 (the Act), on 29th August

2002  (the Authorisation); and

B. the Authorisation is subject to conditions,

 

I, Stephen Glenfield, a delegate of APRA, under paragraph 13(1)(b) of the Act, VARY those conditions imposed on the Authorisation in the manner specified in the attached Schedule.

 

When this Notice takes effect, the conditions which apply to the Authorisation are set out in the attached Schedule of consolidated conditions.

 

 

 

Dated: 19 April 2013

 

[Signed]

 

 

 

Stephen Glenfield

Acting Executive General Manager

Specialised Institutions Division

Interpretation Document ID: 208012

In this Notice

APRA means the Australian Prudential Regulation Authority. insurance business has the meaning given in section 3 of the Act. prudential standard has the meaning given in section 3 of the Act.

 

Note 1


Under subsection 13(1) of the Act, APRA may, at any time, by written notice to the general insurer

impose conditions or additional conditions or vary or revoke conditions imposed on the insurer's authorisation under section 12 of the Act. The conditions must relate to prudential matters.

 

Note 2


Under subsection 13(2) of the Act, a condition may be expressed to have effect despite anything in

the prudential standards.

 

Note 3


Under subsection 13(4) of the Act, if APRA imposes, varies or revokes the conditions on a general

insurer's authorisation, APRA must give written notice to the insurer and ensure that notice that the action has been taken is published in the Gazette.

 

Note 4


Under subsection 14(1) of the Act, a general insurer commits an offence if:

(a) the insurer does an act or fails to do an act; and

(b) doing the act or failing to do the act results in a contravention of a condition of the insurer's authorisation under section 12 of the Act; and

(c) there is no determination in force under subsection 7(1) of the Act, that subsection  14(1) of the Act does not apply to the insurer.

The penalty is 300 penalty units. Under subsection 14(1A) of the Act, where an individual commits an offence against subsection 14(1) of the Act, because of Part 2.4 of the Criminal Code or commits an offence under Part

2.4 of the Criminal Code in relation to an offence against subsection 14(1) of the Act, the individual is punishable, on conviction, by a penalty not exceeding 60 penalty units. Under subsection 14(2) of the Act, an offence against section 14 of the Act, is an offence of strict liability.

 

Note 5


Under subsection 13(6) of the Act, a decision to impose conditions, or additional conditions, or to

vary the conditions on the Authorisation are reviewable decisions to which Part VI of the Act applies. If you are dissatisfied with a reviewable decision, you may seek reconsideration of the decision by APRA in accordance with subsection 63(2) of the Act. The request for reconsideration must be in writing, must state the reasons for the request, and must be given to APRA within 21 days after the decision first comes to your

notice or within such further period as APRA allows. If dissatisfied with APRA’s reconsidered decision confirming or varying the first decision, you may, subject to the Administrative Appeals Act 1975, apply to the Administrative Appeals Tribunal for review of the reconsidered decision.

The address where written notice may be given to APRA is Level 26, 400 George Street, Sydney NSW 2000.

Schedule - the conditions which are being varied

 

The existing condition(s) which are to be varied:

 

2. (b) Where APRA’s approval is sought for a reduction in capital, submit to APRA: (ii) a capital plan with insurance liabilities valued in accordance with the methodology set out in Prudential Standard GPS 310, except that the valuation must demonstrate that the tangible assets of the Company, after the proposed capital reduction, are sufficient to cover its insurance liabilties to a 99.5 per cent level of

sufficiency, plus any other liabilties, as calculated by an Approved Actuary as defined under GPS 310.

 

6. The requirements in conditions 4, and 5 shall apply to the Company to the exclusion of the following:

a) Prudential Standard GPS 110 Capital Adequacy;

b) Paragraphs 9(a) and 28-41 of Prudential Standard GPS 220 Risk Management;

c) Prudential Standard GPS 230 Reinsurance Management (GPS 230); and d) Paragraphs 34-69 of Prudential Standard GPS 510 Governance.

But without prejudice to the Company’s obligation to otherwise comply with the Prudential

Standards.

 

 

 

 

 

 

 

The condition(s) as varied are:

 

 

 

2. (b) Where APRA’s approval is sought for a reduction in capital, submit to APRA:

 

(ii)  a capital plan with insurance liabilities valued in accordance with the methodology set out in Prudential Standard GPS 320, except that the valuation must demonstrate that the tangible assets of the Company, after the proposed capital reduction, are sufficient to cover its insurance liabilities to a 99.5 per

cent level of sufficiency, plus any other liabilities, as calculated by an Approved

Actuary as defined under GPS 320;

 

6.  The requirements in conditions 4, and 5 shall apply to the Company to the exclusion of the requirements set out in:

 

(a) Prudential Standard GPS 110 Capital Adequacy;

 

(b) paragraphs 12(a), 29 - 34 and 37 - 40 of Prudential Standard GPS 220 Risk

Management;

 

(c) Prudential Standard GPS 230 Reinsurance Management (GPS 230);

 

(d) paragraph 34 of Prudential Standard GPS 320 Actuarial and Related Matters until

1 January 2015, subject to the following conditions:

(i) the Appointed Actuary and Chairman must make an annual attestation in

writing to APRA that there has been no material change in the Company’s circumstances since the last valuation;

(ii) the Appointed Actuary will provide the Company with a methodology for

preparing quarterly returns going forward; and

(iii) should a claim be notified to the Company an actuarial report is required to be prepared by the Appointed Actuary and a copy provided to APRA as soon as practical;

 

(e) paragraph 18 of Prudential Standard CPS 510 Governance subject to the following conditions:

 

(i) the Board must consist of at least four directors; and

 

(ii) the Board must have two independent directors;

(f) paragraphs 19 and 42 - 79 of Prudential Standard CPS 510 Governance; and (g) paragraph 89 of Prudential Standard CPS 510 Governance until 1 January 2015, but without prejudice to the Company’s obligation to otherwise comply with the

Prudential Standards.

Schedule of consolidated conditions

 

 

1.   The Company may only conduct insurance business in Australia for the sole purpose of discharging liabilities that arose under policies entered into prior to 1 July 2002.

 

2. The Company must:

 

(a)  seek APRA’s written approval before making a reduction in capital. APRA’s approval may be subject to conditions. A reduction in capital includes, but is not limited to: share buybacks; the redemption, repurchase or early repayment of any eligible capital instruments issued by the Company or a special purpose vehicle; trading in own shares; or where aggregate interest and dividend payments on capital exceed the Company’s after-tax earnings in the year to which they relate (i.e: dividend and interest payments on capital wholly or partly funded from retained earnings);

 

(b) where APRA’s approval is sought for a reduction in capital, submit to APRA:

 

(i)  documents clearly setting out and evidencing the Company’s current financial position; and

 

(ii)  a capital plan with insurance liabilities valued in accordance with the methodology set out in Prudential Standard GPS 320, except that the valuation must demonstrate that the tangible assets of the Company, after the proposed capital reduction, are sufficient to cover its insurance liabilities to a 99.5 per

cent level of sufficiency, plus any other liabilities, as calculated by an Approved

Actuary as defined under GPS 320;

 

(c) ensure the capital plan referred to above extends for a period of at least three years.

The Company will need to satisfy APRA, on the basis of the capital plan provided, that the Company’s capital base after the proposed reduction will remain adequate for

its future needs. In deciding whether or not to approve a reduction in capital, APRA

will have regard to all relevant considerations, including whether the Company’s

capital plan shows that the Company will maintain an adequate level of capital, taking account of factors such as:

 

(i) the immediate capital position;

 

(ii) commitments to raise capital; and

 

(iii) core profitability;

 

(d)  any reference above to the earnings of the Company is a reference to the earnings of the Company determined in a manner consistent with the Company’s prudential reporting to APRA under the Collection of Data Act rather than in accordance with Australian Accounting Standards issued by the Australian Accounting Standards Board as required for statutory financial reporting under the Corporations Act.

 

3.  The Company must invest its funds in deposits with a locally incorporated ADI, or Commonwealth or State Government bonds; any investment in other assets must be approved by APRA.

 

4. The Company must ensure that:

 

(a)  where the Company has a share capital, its paid-up share capital shall not at any time be less than $2,000,000;

 

(b) where the Company is incorporated in Australia, the value of its assets shall at all

times exceed the amount of its liabilities by not less than: (i) $2,000,000; or

(ii) 20% of its premium income during its last preceding financial year; or

 

(iii)  15% of its outstanding claims provision as at the end of its last preceding financial year;

 

whichever is the greatest;

 

(c)  the value of the assets in Australia of the Company shall at all times exceed the amount of its liabilities in Australia by not less than:

 

(i) $2,000,000; or

 

(ii)  20% of its premium income in Australia during its last preceding financial year; or

 

(iii)  15% of its outstanding claims provision in respect of liabilities in Australia as at the end of its last preceding financial year;

whichever is the greatest.

 

5.  The Company must provide APRA with a Board Declaration, at the same time it lodges its yearly statutory accounts, that, for the last financial year:

 

(a) the Company has systems in place to ensure compliance with the Insurance Act

1973 and Regulations, Prudential Standards, authorisation conditions and directions;

 

(b)  the Board have planned for running off the insurance liabilities of the Company, identified the key risks facing the Company and have a strategy for selecting and monitoring reinsurance programs and that these matters are incorporated in the Company’s run-off plan;

 

(c) the Company has substantially complied with its run-off plan and that the plan is operating effectively in practice, having regard to the risks it is designed to control; and

 

(d) the copy of the Company’s run-off plan provided to APRA is accurate and current.

 

6.  The requirements in conditions 4, and 5 shall apply to the Company to the exclusion of the requirements set out in:

 

(a) Prudential Standard GPS 110 Capital Adequacy;

 

(b) paragraphs 12(a), 29 - 34 and 37 - 40 of Prudential Standard GPS 220 Risk

Management;

 

(c) Prudential Standard GPS 230 Reinsurance Management (GPS 230);

 

(d) paragraph 34 of Prudential Standard GPS 320 Actuarial and Related Matters until

1 January 2015, subject to the following conditions:

(i) the Appointed Actuary and Chairman must make an annual attestation in writing to APRA that there has been no material change in the Company’s

circumstances since the last valuation;

(ii) the Appointed Actuary will provide the Company with a methodology for preparing quarterly returns going forward; and

(iii) should a claim be notified to the Company an actuarial report is required to be prepared by the Appointed Actuary and a copy provided to APRA as soon as

practical.

 

(e) paragraph 18 of Prudential Standard CPS 510 Governance subject to the following

conditions:

 

(i) the Board must consist of at least four directors; and

 

(ii) the Board must have two independent directors;

 

(f) paragraphs 19 and 42 - 79 of Prudential Standard CPS 510 Governance; and

 

(g) paragraph 89 of Prudential Standard CPS 510 Governance until 1 January 2015,

 

but without prejudice to the Company’s obligation to otherwise comply with the

Prudential Standards.

 

7.  Notwithstanding the exclusion from GPS 230, the Company must comply with the following reinsurance management requirements having regard to the concepts in that Prudential Standard:

 

(a)  The Company must inform APRA immediately if it anticipates that a problem is likely to arise out of its reinsurance arrangements that may materially and adversely affect its current or future capacity to meet its obligations. The Company must put in place plans to redress any such problem and advise APRA accordingly;

 

(b)  The Company must have processes in place to achieve legally binding reinsurance arrangements;

 

(c)  Where the Company has in place reinsurance arrangements that pre-date these conditions and that it will not practically be able to document appropriately, it must advise APRA; and

 

(d)  The Company must advise APRA of details of all proposed Limited Risk Transfer Arrangements as defined in Attachment A of GPS 230 and future reinsurance arrangements prior to entering into such arrangements.

Overview

The Insurance Act 1973 was enacted to regulate the insurance industry in Australia, ensuring the financial stability and integrity of insurance businesses. This legislation was introduced to address the need for a robust regulatory framework to protect policyholders and maintain public confidence in the insurance sector. The Act is administered by the Australian Prudential Regulation Authority (APRA), which is responsible for overseeing the authorisation, operation, and supervision of insurance companies. The primary policy objective of the Act is to safeguard the interests of policyholders by ensuring that insurance companies maintain adequate financial resources and operate in a manner that is consistent with prudential standards. APRA, as a delegate of the Commonwealth, exercises its powers under the Act to impose, vary, or revoke conditions on authorisations granted to insurance companies, ensuring these entities comply with regulatory requirements aimed at maintaining the financial health and stability of the industry.

Scope and Application

The Insurance Act 1973 governs the insurance industry in Australia, and the specific conditions on the authorisation for Long Grove Insurance Company Limited are varied through a notice issued by a delegate of the Australian Prudential Regulation Authority (APRA). The Act applies to Long Grove Insurance Company Limited, a general insurer, and is subject to conditions imposed by APRA to ensure compliance with prudential matters. The conditions relate to the insurer's operations, capital adequacy, investments, and governance requirements. The geographic reach of the Act is national, as it pertains to insurance businesses operating across Australia. There are no stated exclusions or thresholds in this specific notice, but the Act does provide for potential exemptions and the possibility of varying conditions through subordinate instruments. The notice and its accompanying schedule detail the specific conditions being varied, including adjustments to capital reduction approval processes, asset valuation methodologies, and the exclusion of certain prudential standards from the insurer's obligations.

Key Provisions

The primary sections of the Notice are sections 2 to 7, which detail the varied conditions imposed on the authorisation to carry on insurance business by the Australian Prudential Regulation Authority (APRA). Section 1 specifies that the Company may only conduct insurance business in Australia for the purpose of discharging liabilities that arose under policies entered into prior to 1 July 2002. Section 2 mandates that the Company must seek APRA’s written approval before making a reduction in capital, which includes share buybacks, redemption or repurchase of capital instruments, trading in own shares, or where dividend and interest payments on capital exceed the Company’s after-tax earnings. Section 3 requires the Company to invest its funds in deposits with a locally incorporated authorised deposit-taking institution or Commonwealth or State Government bonds, with any other investments requiring APRA’s approval. Section 4 stipulates that the Company must maintain a minimum paid-up share capital and asset-liability ratio. Section 5 demands that the Company provide APRA with a Board Declaration, confirming compliance with regulatory requirements and the effectiveness of its run-off plan. Section 6 excludes certain prudential standards from applying to the Company, except under specified conditions, such as annual attestations by the Appointed Actuary and Chairman to APRA, and the Board’s composition requirements. The obligations imposed on the Company by the Notice are comprehensive and stringent. The Company must ensure that it seeks APRA’s approval before reducing its capital, as outlined in section 2. It must submit documents evidencing its current financial position and a capital plan that demonstrates the sufficiency of its tangible assets to cover insurance liabilities and other liabilities, as detailed in section 2(b). The Company must maintain a minimum paid-up share capital and asset-liability ratio, as set out in section 4. It must invest its funds in approved assets and comply with reinsurance management requirements, including informing APRA of any anticipated issues with reinsurance arrangements and ensuring legally binding reinsurance agreements, as specified in section 7. The Company must also provide APRA with an annual Board Declaration confirming compliance with regulatory requirements and the effectiveness of its run-off plan, as detailed in section 5. The Notice outlines serious consequences for breaches of the authorisation conditions. Under section 14(1) of the Insurance Act 1973, a general insurer commits an offence if it fails to comply with a condition of its authorisation, resulting in a contravention of that condition. The penalty for such an offence is 300 penalty units. If an individual commits such an offence, they are punishable by a penalty not exceeding 60 penalty units, as per section 14(1A) of the Act. These offences are of strict liability, meaning that intent or negligence is not required to be proven for a conviction. Additionally, decisions to impose, vary, or revoke conditions on the authorisation are reviewable, and dissatisfied parties may seek reconsideration by APRA or review by the Administrative Appeals Tribunal, as per subsection 13(6) of the Act.

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