Chapter Nine Opening a Branch of Insurance Company Established in the State
Article (31) Branch Opening Application
Should an insurance company established in the State intend to open a branch therefor inside or outside the State, the company shall submit an application as so to the Authority on the form prescribed by the Authority for the purpose.
Article (32) Attachments to the Branch Opening Application
The following documents shall be attached to the application to open a branch for a company established in the State:
- The board of directors' resolution to open the branch.
- An economic feasibility study and work plan of the branch.
- The organizational structure of the branch and name list of the branch manager and the senior officers therein provided; including names of those persons authorized to sign on behalf of the branch.
- Emiratization percentage rate shouldn't be less than that as determined by the pertinent official authorities.
- An undertaking by the company to render specialized training courses in the field of insurance for UAE nationals working therewith.
- Any other documents as determined by the Authority.
- The board of directors' resolution to open the branch.
Article (33) Requisites for Considering an Application to Open an Outside Branch
In case an insurance company established in the State intended to open a branch therefor outside the State, the company's financial power and technical capacity to open a branch therefor outside the State, the experience of those in charge, the extent of its compliance with the provisions of the Law, regulations, rules and resolutions issued pursuant to any of them should be taken into consideration.
It's conditional that the solvency margin at the consolidated statement level of the company established in the State intending to open a branch therefor outside the State not to be less than that percentage as determined by that country provided; such percentage be maintained by the company throughout its branch working term outside the State.
Article (34) Starting Work at a Branch Inside the State
- The insurance company branch established in the State shall start its works in the State within a period not to exceed (60) days as from date of registration of the branch in the register maintained by the Authority. However, the Authority may extend such period for a similar period.
- The Authority's approval to open a branch inside the State for a company established in the State shall be deemed lawfully cancelled should the branch doesn't start its work within the period stated in paragraph (1) of the Article herein or within the extended period as the case might necessitate.
- The insurance company branch established in the State shall start its works in the State within a period not to exceed (60) days as from date of registration of the branch in the register maintained by the Authority. However, the Authority may extend such period for a similar period.
Article (35) Cessation of Operations of an Outside Branch
- The insurance company established in the State intending to cease operations of its branch outside the State or change its place shall advise the Director General of the consent of the branch's homeland to cease operations of the branch or to shift it from a place to another according to the legislations of that country in this respect, if any.
- Taking the legislations of the country of the branch into consideration, all the branch's rights and commitments following cessation of its operations shall be transferred to an insurance company established in the State.
- The insurance company established in the State intending to cease operations of its branch outside the State or change its place shall advise the Director General of the consent of the branch's homeland to cease operations of the branch or to shift it from a place to another according to the legislations of that country in this respect, if any.
Article (36) Cessation of Operations of a Local Branch
The insurance company established in the State intending to cease operations of one of its branches inside the State shall inform the Director General about the company plans to cease the operations of the branch and transfer the rights and liabilities originated from the insurance policies issued by the branch to the main office or to any of its branches operating in the State or to any other insurance company registered in the register according to the procedures specified in Article (72) of the Law.
Article (37) Shutting Down a Local Branch
- The Director General may make his decision to shut down the branch of an insurance company established in the State and strike off its registration in any of the following cases:
- Should the approval to open the branch happened to be made on basis of inaccurate information,
- Should the branch lack any of the principle requisites for granting the approval to open it.
- Should the branch violate the provisions of the Law, the executive regulation, the rules or directives issued by the Authority.
- Should the branch cease carrying out its works for a period of (12) month.
- Should the approval to open the branch happened to be made on basis of inaccurate information,
- In case a decision to shut down and strike off the branch is being made, the Director General shall inform the company as so according to the provisions of the Law and the registration of the branch shall be stricken off the special register prescribed for the purpose by the Authority.
- The company shall have the right to appeal the decision of the Director General before the Board within thirty days as from date of notification.
- The resolution of the Board rejecting the appeal shall be final.
- The Director General may make his decision to shut down the branch of an insurance company established in the State and strike off its registration in any of the following cases: