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
- 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 29 August 2002 (the Authorisation); and
B. the Authorisation is subject to conditions,
I, Keith Chapman, 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 16 May 2016
[Signed]
Keith Chapman
Executive General Manager
Specialised Institutions Division
Document ID: 221793
Interpretation
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 section 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, 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 paragraph 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 Tribunal 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:
6. The requirements in conditions 4 and 5 shall apply to the general insurer 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 general insurer’s circumstances since the last valuation;
(ii) the Appointed Actuary will provide the general insurer with a methodology for preparing quarterly returns going forward; and
(iii) should a claim be notified to the general insurer 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 general insurer’s obligation to otherwise comply with the Prudential Standards.
The condition(s) as varied are:
6. The requirements in conditions 4 and 5 shall apply to the general insurer to the exclusion of the requirements set out in:
a) Prudential Standard GPS 110 Capital Adequacy;
b) paragraphs 25(b), 31-32 and 49-51 of Prudential Standard CPS 220 Risk Management;
c) Prudential Standard GPS 230 Reinsurance Management (GPS 230);
d) paragraph 28 of Prudential Standard CPS 510 Governance (CPS 510) subject to the following conditions:
(i) the Board must consist of at least four directors; and
(ii) the Board must have two independent directors;
e) paragraphs 29 and 53 - 91 of CPS 510; and
f) paragraph 101 of CPS 510,
but without prejudice to the general insurer’s obligation to otherwise comply with the Prudential Standards.
Schedule of consolidated conditions:
1. The general insurer 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 general insurer 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 general insurer or a special purpose vehicle; trading in own shares; or where aggregate interest and dividend payments on capital exceed the general insurer’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 general insurer’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 general insurer, 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 230;
c) ensure that the capital plan referred to above extends for a period of at least three years. The general insurer will need to satisfy APRA, on the basis of the capital plan provided, that the general insurer’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 general insurer’s capital plan shows that the general insurer 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 general insurer is a reference to the earnings of the general insurer determined in a manner consistent with the general insurer’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 general insurer must invest its funds in deposits with a locally incorporated ADI, Commonwealth or State Government bonds; any investment in other assets must be approved by APRA.
4. The general insurer must ensure:
a) where the general insurer has a share capital, its paid-up share capital shall not at any time be less than $2,000,000;
b) where the general insurer 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 general insurer 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 its liabilities in Australia as at the end of its last preceding financial year;
whichever is the greatest;
5. The general insurer 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 general insurer 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 general insurer, identified the key risks facing the general insurer and have a strategy for selecting and monitoring reinsurance programs and that these matters are incorporated in the general insurer’s run-off plan;
c) the general insurer 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 general insurer’s run-off plan provided to APRA is accurate and current.
6. The requirements in conditions 4 and 5 shall apply to the general insurer to the exclusion of the requirements set out in:
a) Prudential Standard GPS 110 Capital Adequacy;
b) paragraphs 25(b), 31-32 and 49-51 of Prudential Standard CPS 220 Risk Management;
c) Prudential Standard GPS 230 Reinsurance Management (GPS 230);
d) paragraph 28 of Prudential Standard CPS 510 Governance (CPS 510) subject to the following conditions:
(i) the Board must consist of at least four directors; and
(ii) the Board must have two independent directors;
e) paragraphs 29 and 53 - 91 of CPS 510; and
f) paragraph 101 of CPS 510,
but without prejudice to the general insurer’s obligation to otherwise comply with the Prudential Standards.
7. Notwithstanding the exclusion from GPS 230, the general insurer must comply with the following reinsurance management requirements having regard to the concepts in that Prudential Standards:
a) the general insurer 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 general insurer must put in place plans to redress any such problem and advise APRA accordingly;
b) the general insurer must have processes in place to achieve legally binding reinsurance arrangements;
c) where the general insurer 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 general insurer 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.
8. Except with the prior approval of APRA, the general insurer must not:
a) Enter into, vary or terminate any contractual agreement or arrangement involving Lumbermens Mutual Casualty Company (Lumbermens) or an associate of Lumbermens;
b) Make any payment to or transfer any assets to Lumbermens or an associate of Lumbermens;
c) Enter into any dealing or transaction at the request of Lumbermens or an associate of Lumbermens; or
d) Give any form of financial assistance to Lumbermens or an associate of Lumbermens.
An associate has the meaning set out in clause 4 of Schedule 1 to the Financial Sector (Shareholdings) Act 1998.