Conduct (including disputes, pricing, policies)
Insurance Authority Board Resolution No. (33) of 2019 Concerning the Regulation of the Committees for the Settlement and Resolution of Insurance Disputes
IA-BOD-RES 33/2019 Effective from 15/7/2019This Resolution has been amended by the Insurance Authority Board of Directors' Resolution No. (9) of 2019. You are viewing the latest version. Please find the PDF of the previous version on the table below.version 2 (consolidated as of 12/03/2020) pdf download version 1 (effective from 15/07/2019) pdf download The Board of Directors of the Insurance Authority,
- Having perused Federal Law No. (1) of 1972 Concerning the Competencies of Ministries and the Power of Ministers, as amended;
- Federal Law No. (11) of 1973 Concerning the Organization of Judicial Relationships between the Emirates Members in the Union;
- Federal Law No. (5) of 1985 Concerning the Federal Judicial Authority, as amended;
- Federal Law No. (23) of 1991 on the Regulation of the Legal Profession;
- Federal Law No. (10) of 1992 Promulgating the Law of Evidence in Civil and Commercial Transactions, as amended;
- Federal Law No. (1) of 2006 on Electronic Commerce and Transactions;
- Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Organization of Insurance Operations, as amended; and,
Based on the proposal of the Director General of the Insurance Authority and consent/approval of the Board of Directors of the Authority,Has resolved:
Definitions
Article (1)
The following terms and phrases shall have the meanings set against each, unless the context otherwise requires:
The State: The United Arab Emirates. Law: Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and the Organization of Insurance Operations, as amended. Executive Regulations: The Executive Regulations of the Law. Authority: The Insurance Authority. Board: The Board of Directors of the Authority. Chairman: The Chairman of the Board of Directors. Director General: The Director General of the Authority. Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent. including Takaful insurance companies. Committee(s): The Committee for the Settlement and Resolution of Insurance Disputes. Insurance Disputes: The disputes arising from the complaints of the Insured, beneficiaries or the concerned affected parties against the Company. Insured: The person who has concluded an insurance contract with the company. Beneficiary: The person for whom the insurance stipulates for his interest, an amount of money, a fixed payment, or other financial compensation in case an accident happened, or if the insured risk in the insurance contract is realized Insurance Policy (Insurance Contract): The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their liabilities, and rights or the rights of beneficiary of the insurance and any endorsements therein. Dispute: The complaint filed in accordance with the provisions of the Law and the Regulation herein. Complainant: The natural or corporate person that has filed the complaint in person, through his legal representative, attorney or the person acting on his behalf. Defendant: The company against which the complaint is filed. Dispute Settlement: The reconciliatory resolution of dispute between the parties. Dispute Resolution: The resolution of a Dispute by a decision of the Committee. Electronic Systems: The electronic, smart or other services approved by the Authority. Remote Communication Technology: The use of audiovisual means of communication between two or more parties to achieve remote presence and exchange of documents and regulations, including the registration of complaint, process of giving notice, hearing of complaint, sessions, deliberation, issuance and notification of the decision, made through the use of such technology. This article has been amended by the Insurance Authority Board of Directors Decision No. (9) of 2020. You are viewing the latest version. To view the previous version, click the version box below.Version 1(effective from 15/07/2019 to 12/03/2020)The following terms and phrases shall have the meanings set against each, unless the context otherwise requires:
The State: The United Arab Emirates. Law: Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and the Organization of Insurance Operations, as amended. Executive Regulations: The Executive Regulations of the Law. Authority: The Insurance Authority. Board: The Board of Directors of the Authority. Chairman: The Chairman of the Board of Directors. Director General: The Director General of the Authority. Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent. including Takaful insurance companies. Committee(s): The Committee for the Settlement and Resolution of Insurance Disputes. Insurance Disputes: The disputes arising from the complaints of the Insured, beneficiaries or the concerned affected parties against the Company. Insured: The person who has concluded an insurance contract with the company. Beneficiary: The person who has initially acquired or to whom the rights of the Insurance Policy have been legally transferred. Insurance Policy (Insurance Contract): The insurance document (policy) concluded by the insurer and insured containing the terms and conditions of the contract between the two parties, their liabilities, and rights or the rights of beneficiary of the insurance and any endorsements therein. Dispute: The complaint filed in accordance with the provisions of the Law and the Regulation herein. Complainant: The natural or corporate person that has filed the complaint in person, through his legal representative, attorney or the person acting on his behalf. Defendant: The company against which the complaint is filed. Dispute Settlement: The reconciliatory resolution of dispute between the parties. Dispute Resolution: The resolution of a Dispute by a decision of the Committee. Electronic Systems: The electronic, smart or other services approved by the Authority. Remote Communication Technology: The use of audiovisual means of communication between two or more parties to achieve remote presence and exchange of documents and regulations, including the registration of complaint, process of giving notice, hearing of complaint, sessions, deliberation, issuance and notification of the decision, made through the use of such technology. General Provisions
Article (2)
- The Committees formed under this Regulation shall administratively and financially report to the Authority. The Board shall issue necessary decisions in this concern.
- The language of the Committees is Arabic. The Committee shall hear the statements of non-Arabic speaking parties, witnesses or experts through an interpreter after taking oath before the Chairman of the Committee.
- The Committee shall hear the Insurance Disputes filed before it neutrally and objectively, taking into account the legal provisions related to the subject matter of the Dispute, regulations, instructions and resolutions issued thereunder and the generally accepted insurance principles.
- In fulfilling its operations, the Committee shall be entitled to review papers, documents, records and all evidence and take all actions as it may deem appropriate without adhering to the Civil Procedures Law, the Law on the Regulation of the Legal Profession and official working hours.
- The Committee shall hold its sessions in the presence of the Chairman and majority of Members to hear the Disputes referred to it. The Committee may hear the statements and arguments of the parties and issue its decisions by majority.
Formation of the Committees
Article (3)
- Standing committees shall be formed for the settlement and resolution of Insurance Disputes. These Committees shall hold their sessions in Abu Dhabi and Dubai, and the Committees shall hold their sessions in other cities and emirates of the UAE pursuant to common interest by a decision issued by the Director General.
- Every Committee consists of a chairman and two or more Members from the employees of the Authority and a similar number in the capacity of an Alternate Chairman and two or more Alternate Members. A decision is issued by the Chairman of the Insurance Authority appointing them and determining their remunerations. The Authority may assign the chairmanship of the Committees to a delegated judge in coordination with the competent authorities.
- The Committees' Members shall be subject to all controls and obligations imposed on and adhered to by judges in accordance with the laws, regulations and decisions issued in the UAE in this concern to the extent the same apply to them.
- The term of membership of the Committees is one calendar year, which may be renewed for similar period(s).
- If the term of membership expires with no decision on the renewal of formation of the Committee, the Chairman and Members shall remain in office until a decision on the renewal or reformation of the Committee is issued.
Competencies of the Committees
Article (4)
The Committees shall be competent to settle and resolve Insurance Disputes of all types and classes of insurance arising from the complaints of the Insured, the Beneficiaries or the affected of capacity or interest in the Insurance Dispute against the Company only of any value whatsoever, whether estimated or not.
Article (5)
The Committees shall not be competent to:
- The summary and interim cases and orders and precautionary attachment.
- The Insurance Disputes pending before the courts before the Regulation goes into effect in any instance of litigation.
- The Insurance Disputes that are subject to an arbitration clause.
- The subrogation of an Insurer (Company), by the amount paid as an insurance for a damage, in the place of the insured or the beneficiary for the rights of any of them before the third party causing the damage for which the insurer is liable or before the insurance company of the third party causing the damage under a legal subrogation right.
- Claims between Insurance Companies and the adjustment of balances.
- Claims between Insurance-Related Professionals and Insurance Companies.
This article has been amended by the Insurance Authority Board of Directors Decision No. (9) of 2020. You are on the latest version. To view the previous version, click the version box below.Version 1(effective from 15/07/2019 to 12/03/2020)The Committees shall not be competent to:
- The summary and interim cases and orders and precautionary attachment.
- The Insurance Disputes pending before the courts before the Regulation goes into effect in any instance of litigation.
- The Insurance Disputes that are subject to an arbitration clause.
Insurance Dispute Rejection Cases
Article (6)
The Committee shall make its decision rejecting the Insurance Dispute referred to it in the following cases:
- If the same complaint was previously filed to one of the Committees and decided on.
- If the fees of the experts, appointed by the Complainant, were not paid.
- If the Committee is not competent to hear the complaint.
- If the requirements for lodging a complaint are not met.
- Any request or objection/defense made by a person that does not have an existing or potential capacity or interest in the Insurance Dispute in the legal concept of complaining shall shall not be accepted.
Filing of Complaints
Article (7)
- The Defendant Company shall process claims in accordance with the Law and applicable legislations and the provisions of the Insurance Policies.
- If the Complainant has objection to the processing of application, it may file a complaint in writing to the Authority through the electronic system and all relevant documents and details shall be attached, including for example:
- The name, address, post office box and phone number of the Complainant.
- The addresses of electronic service of the Complainant, its legal representative or attorney.
- The subject matter of and requests in the complaint.
- The supporting documents to the complaint.
- Any other documents related to the complaint.
- The Authority requests clarifications from the Defendant through the electronic system, which clarifications shall be furnished within five working days.
Referring Complaint to the Committee
Article (8)
- The Complainant may object to the clarifications made by the Defendant and request that the Dispute be referred to the Committee.
- The Complaint is entered in the record as per date of receipt. The Organizational Unit shall refer the complaint file to the competent Committee within three working days after the documents are completed. The Complainant is notified of the status of referring the Complaint to the Committee including the number of Complaint, date of referral and the Committee competent to hear it.
Appearance and Proceeding of Complaint
Article (9)
The procedures of complaint registration, notification, filing of documents, appearance, publicity, pleading, hearing of witnesses and experts, cross-examination, deliberation, ruling and enforcement of all procedures provided for herein shall materialize if done partly or wholly through the remote communication technology.
Request for Personal Appearance
Article (10)
The disputing parties in the remote communication procedures in every phase of the Committee's operation may request the Committee for appearance for hearing of statements, and the Committee shall decide on this request and notify the parties.
Settlement of Insurance Disputes
Article (11)
- In this phase, the Committee shall be competent to settle the Insurance Dispute through reconciliation. In doing so, the Committee may use the remote communication technology, including the writing down of Complaint procedures in hardcopy or softcopy documents or minutes approved by it.
- The disputing parties shall be informed that the Committee has commenced the procedures of settlement by registered mail, through a company (an office licensed by the concerned bodies), via electronic mail or through the remote communication technology.
- The Committee shall settle the dispute through reconciliation within a period not exceeding fifteen working days from the date of request. This duration may be extended to another similar duration with the consent of the disputing parties or by a decision of the Chairman of the Committee.
- If settlement is reached between the disputing parties before the Committee, this shall be entered in the deed of reconciliation by all means and attested by the Chairman and Members of the Committee.
Resolution of Insurance Disputes
Article (12)
If the Committee cannot settle the Insurance Dispute through reconciliation, it shall proceed with the dispute resolution procedures.
Procedures of the Committee
Article (13)
- If the Committee decides to hold its sessions in the presence of the parties or their representatives, they shall be informed of the date by registered mail, through a company (an office licensed by the concerned bodies), via electronic mail or through the remote communication technology.
- If the Complainant fails to attend the session without furnishing an excuse acceptable to the Committee, the Committee may on its own motion or upon the request of the Defendant resolve the dispute if resolvable or order its deletion and the parties shall be so informed.
- If the dispute is deleted, the Complainant shall have the right to apply for its re-registration within a period not exceeding thirty days for completion of hearing.
- If the Defendant is absent without an excuse acceptable to the Committee, the Committee may on its own motion or upon the request of the Complainant resolve the dispute if resolvable.
Article (14)
The Complainant may join in the dispute whoever would rightfully have been a litigant when the case was initially filed. If the Defendant claims he is entitled to have recourse against a company that is not a party to the dispute, he shall submit a written request to the Committee showing the nature and grounds of his claim and shall apply for joinder of such company as a party to the dispute and the Committee may accept or reject this application. In addition, such company may be joined into the dispute upon its request.
This article has been cancelled pursuant to the Insurance Authority Board of Directors Decision No. (9) of 2020. To see the previous version, click on the version box belowVersion 1(effective from 15/07/2019 to 12/03/2020)The Complainant may join in the dispute whoever would rightfully have been a litigant when the case was initially filed. If the Defendant claims he is entitled to have recourse against a company that is not a party to the dispute, he shall submit a written request to the Committee showing the nature and grounds of his claim and shall apply for joinder of such company as a party to the dispute and the Committee may accept or reject this application. In addition, such company may be joined into the dispute upon its request.
Article (14)
- The Committee shall study and decide on the Insurance Disputes referred to it and the documents and details furnished to it within twenty working days from the end of its operations and receipt of all documents, details and information required for decision. When necessary, the Committee may extend this duration to similar durations.
- The Committee may allow the disputing parties to submit any new documents that have not been attached in the Complaint for an excuse that is acceptable to the Committee or if it believes that these documents are necessary to take decision in the dispute.
- The Committee shall hear the dispute in the presence or absence of the parties if the furnished documents and evidence are sufficient in such a way that the Committee may make its decision resolving the dispute on the basis of such documents and evidence.
- The Committee may decide in any request made by any party for reimbursement for the expenses of the dispute in whole or in part, as the case may be.
Article (15)
- The Committee shall have the competency to seek the help of competent consultants, surveyors and loss adjusters registered with the Authority and the experts registered with other competent authorities concerning certain matters determined by the Committee. The experts are required to submit their reports concerning the facts in writing. The Committee may invite any of them to appear before it and make discussion with him concerning the contents of his report and may, in doing all the foregoing, use the remote communication technology. The Committee determines the party bound to pay the expert's fees in advance, which shall be borne by the losing party.
- The Committee may hear the witnesses for resolution of the dispute through the remote communication technology or through personal appearance.
- The interested parties may challenge the decisions of the Committees before the court of first instance of competent jurisdiction within 30 days from the day next to their notification of the decision, otherwise, the decision shall be considered final and enforceable.
Article (16)
The parties shall be informed of the decision of the Committee by registered mail, through a company (an office licensed by the concerned bodies), via electronic mail or through the remote communication technology. The decision shall have the effect of an executive deed in accordance with the provisions of the laws in force.
Duties of the Organizational Unit of the Committees for the Settlement and Resolution of Insurance Disputes
Article (17)
The Organizational Unit of the Committees shall assume the following tasks:
- Receive the requests for referral of disputes to the Committee and verify that they are duly completed in accordance with the provisions of this Regulation.
- Unify the forms used by the Committees.
- Prepare a quarterly report on the results of operations of the Committees, including the suggestions and recommendations concerning the same, to be referred to the Director General or the person acting on his behalf. The report shall include the following details:
- The number of objections made by the Complainants.
- The regularity of holding of the Committees' sessions.
- The number of sessions deferred and the reasons therefor.
- Develop and propose the solutions derived from the follow-up of the Committees' operations and refer the same to the Chairmen of the Committees for avoidance.
- Gather the principles contained in the decisions of the Committees and circulate the same to the other Committees for guidance.
- Receive the requests for removal of any Committee Member and refer the same to the Director General or the person acting on his behalf in accordance with the provisions of this Regulation.
- Keep, classify and index the register and cases files.
- Any other tasks assigned thereto.
Duties and Operations of the Committee Secretary
Article (18)
The Committee Secretary shall assume the following duties and powers:
- Prepare the agenda of the Committee.
- Contact the disputing parties as per the Committee's directives.
- Take down the minutes of the Committee and the outgoing correspondences and decisions.
- Implement the decision of the Committee of inviting the disputing parties and experts to appear before the Committee.
- Notify the disputing parties of the decision of the Committee using the remote communication technology or any other legally acceptable means.
- Contact official agencies and prepare letters.
- Any other tasks assigned to him by the Committee.
Register of Disputes
Article (19)
A register shall be maintained for the registration of disputes and the concluded settlement agreements or resolution decisions. Such register shall include:
- The number of application (complaint).
- Name of the Complainant or its legal representative, if any.
- Name of the Defendant(s) or its legal representative, if any.
- Subject matter and type of the dispute.
- The date of the complaint.
- The Committee to which the dispute is referred.
- The deferrals and their causes.
- The actions taken.
- The settlement agreement and its date.
- The dispute resolution decision and its date.
Record Keeping
Article (20)
The records of disputes shall be registered and saved electronically, shall be confidential, and may only be circulated, reviewed, copied or deleted from the electronic system with the permission of the Committee, as the case may be.
Independence and No Conflict of Interest
Article (21)
- Neither the Chairman nor any Member of the Committee may take part in any operations of the Committee when hearing any dispute in which he or his spouse has a direct or indirect interest, or has an affinity by marriage or blood up to the fourth degree to the Complainant, a custodian or trustee of the Complainant, or a current or former agent or a legal representative of the Complainant or Defendant in its private business.
- In all cases, the Chairman or Member of the Committee may withdraw from the hearing of the dispute in any of the cases mentioned in Clause (1) of this Article. In case of non-withdrawal despite the realization of the case, he will be removed by a decision of the Board.
- The Alternate Chairman or Member shall replace the withdrawing or dismissed Chairman or Member.
Binding Force of Electronic Signature and Documents
Article (22)
The electronic signature and electronic documents shall have the same binding force of formal and informal signature or formal and informal paper documents provided for in this Regulation, whenever they meet the conditions and provisions stipulated in the Federal Law on Electronic Commerce and Transactions mentioned above.
Challenge of Electronic Documents or Signature
Article (23)
- The copies of documents are accepted in the procedures implemented through remote communication technology. However, this does not prevent that the person who presents the documents be ordered to present the original documents to the Committee if this is deemed necessary by the Committee for taking decision.
- The challenge by a party of the documents presented by the other party only for being copies is disregarded, unless the party that challenges the same insists that these documents are inauthentic or have not been issued by the party to whom they are attributed.
- The provisions of this Regulation and the applicable legislations shall apply if the presented documents are challenged or alleged to be inauthentic.
- If the documents challenged prove to be authentic or to have been issued by the party to whom they are attributed, and the challenge or allegation of inauthenticity of such documents is unjustifiable and leads to delay of the Committee or the party presenting these documents incurring unjustified extra expenses, the Committee may order the party that has challenged or alleged these documents to be inauthentic to bear these expenses.
Application of Information Security Policies
Article (24)
The remote communication technology provided for in this Regulation shall be subject to the legislations, regulations and information security policies approved in the UAE.
Issuance of Decisions
Article (25)
The Director General shall issue the decisions and circulars necessary for enforcement of the provisions of this Regulation.
Publication and Going into Effect
Article (26)
This Regulation shall be published in the Official Gazette and go into effect three months after its date of publication.
Insurance Authority Board Resolution No. 3 of 2010 Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies and Insurance-Related Professions Operating in the UAE
IA-BOD-RES 3/2010 Effective from 21/3/2010This Resolution has been amended by the Insurance Authority Board of Directors Decision No. (40) of 2019. You are viewing the latest version. Please find the PDF of previous versions in the table belowversion 2 (consolidated as of 16/09/2019) pdf download version 1 (effective from 21/03/2010) pdf download Article 1
The following words and expressions shall have the meanings ascribed thereto below, unless the context otherwise requires:
Ministry: The Ministry of Economy
Minister: The Minister of Economy
Law: The Federal Law No. 6 of 2007 Concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
IA: The Insurance Authority established pursuant to the Law.
Board: The IA Board of Directors.
Chairman: The Chairman of the IA Board.
Director General: The IA Director General.
Company: An insurance company incorporated in the State and a foreign insurance company licensed to operate in the State either through a branch or an insurance agent, including insurance-related professions where necessary.
Insured: The person who entered into an insurance contract with the Company.
Client: Any person to whom the Company offers its products and services.
Insurance Agent: The person by approved the Company and authorized to carry out the insurance business on behalf of the Company or any branch thereof.
Policy: The Policy entered into between the Insurer and the Insured which includes the terms of the contract between the parties thereto, their obligations and rights or the rights of the Beneficiary and any endorsement to such Policy.
The Reinsurer Any Reinsurer incorporated in the State or any foreign Reinsurer licensed to perform reinsurance business in the State or any Reinsurer abroad.
Insurance Broker: The person brokering in insurance or re-insurance transactions between any Insurer and Reinsurer, and receive commission for his/its fees from the Insurer or Reinsurer with which the insurance or re-insurance business is concluded.
Insurance-Related Professions: Any person licensed by the Authority to practice any of the activities of Insurance Agent, Actuary, Insurance Broker, Surveyor & Loss Adjuster, Insurance Consultant or any other insurance-related profession that the Board decides to regulate.
Beneficiary: The person who acquires rights pursuant to the insurance contract on commencement or such rights are transferred thereto in a legal manner.
This article has been amended by the Insurance Authority Board of Directors Decision No. (40) of 2019. You are viewing the latest version. To view the previous version, click the version box below.Version 1(effective from 31/03/2010 to 16/09/2019)The following words and expressions shall have the meanings ascribed thereto below, unless the context otherwise requires:
Ministry: The Ministry of Economy
Minister: The Minister of Economy
Law: The Federal Law No. 6 of 2007 Concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
IA: The Insurance Authority established pursuant to the Law.
Board: The IA Board of Directors.
Chairman: The Chairman of the IA Board.
Director General: The IA Director General.
Company: An insurance company incorporated in the UAE and a foreign insurance company licensed to operate in the State through a branch or an insurance agent.
Insured: The person who entered into an insurance contract with the Company.
Client: Any person to whom the Company offers its products and services.
Insurance Agent: The person by approved the Company and authorized to carry out the insurance business on behalf of the Company or any branch thereof.
Policy: The Policy entered into between the Insurer and the Insured which includes the terms of the contract between the parties thereto, their obligations and rights or the rights of the Beneficiary and any endorsement to such Policy.
The Reinsurer Any Reinsurer incorporated in the State or any foreign Reinsurer licensed to perform reinsurance business in the State or any Reinsurer abroad.
Insurance Broker: The person brokering in insurance or re-insurance transactions between any Insurer and Reinsurer, and receive commission for his/its fees from the Insurer or Reinsurer with which the insurance or re-insurance business is concluded.
Beneficiary: The person who acquires rights pursuant to the insurance contract on commencement or such rights are transferred thereto in a legal manner.
Article 2 Scope of Application
- The provisions of these Instructions shall apply to all companies registered by the Insurance Authority and operating in the State and which are marketing their products and services, directly or indirectly, thought an insurance agent or insurance broker.
- The provisions of these Instructions shall apply to insurance-related professions licensed and registered by the Insurance Authority, to the extent appropriate to the nature of the business of each profession.
This article has been amended by the Insurance Authority Board of Directors Decision No. (40) of 2019. You are viewing the latest version. To view the previous version, click the version box below.Version 1(effective from 31/03/2010 to 16/09/2019)The provisions of these Instructions shall apply to all companies registered with the IA and operating in the State and which are marketing their products and services, directly or indirectly, thought an insurance agent or insurance broker.
Article 3
The Insurer shall comply with the following:
- Ensure that the business and acts performed by it and actions and decisions taken by it are consistent with the provisions of the applicable laws in the State, including the Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
- Practice the business thereof in accordance with the principle of utmost good faith as one of the basic principles upon which the insurance business is based, and adopt the principle of disclosure and transparency when dealing in the insurance market, with Clients and relevant official bodies, particularly in all documents, instruments, commercials, advertisements, statements and researches issued by it.
- Comply with the legitimate practices towards the insurance applicants, Insured and beneficiaries or towards other insurance companies.
- Provide clear, accurate and truthful information in a sound legal language.
- Provide the Clients with the appropriate information about the nature of the products and services provided by the Company as well as the insurance cover terms and limits offered to or required from the Client.
- Not to reject the insurance proposition, not to abstain from renewing the Policy, and not to discriminate between the Insured with regard to insurance rates and the insurance terms and benefits of the insurance cover, unless such discrimination is based on technical or actuarial reasons or due to the Company's experience and expertise with the Client.
- Achieve the common interest between itself and the related third parties in accordance with the legal provisions and regulations, instructions and decisions issued pursuant thereto as well as the contractual relations and what the proper insurance practice requires.
- Not to deal with any person or entity from the professions associated with insurance that is not licensed by the IA including the business of agency, brokerage, consultation or expertise in claim settlement or actuarial expertise; and ensure that the aforesaid persons or entities have the required license.
- Fully comply with the provisions of mandatory insurance policies issued by the IA in accordance with the laws and regulations, instructions and decisions issued thereunder.
- Take the necessary actions to apply the regulations and the instructions related to anti-money laundering and combating financing of terrorism issued by the competent official authorities and the IA.
- Execute the insurance policies and all the documents concerning the relationship with the Clients in the Arabic language. An accurate translation thereof to another language may be attached thereto, provided that it is subject to the principle of prevalence of the Arabic version if any cases of difference in interpretation.
- The Company shall circulate these Instructions to its employees and shall explain as may be required for the proper application thereof; and shall develop internal professional code of conduct for the Company and circulate the same to its employees.
- Ensure that the business and acts performed by it and actions and decisions taken by it are consistent with the provisions of the applicable laws in the State, including the Law No. 6 of 2007 concerning the Establishment of the Insurance Authority and the Regulation of Insurance Business.
Article 4 Provision of Insurance Products and Services
When providing its products and services to the Clients, the Company shall comply with the following:
- Accurately and timely reply to Clients' inquiries as expected from a company that practices a specialized profession in a proficient and professional manner.
- Issue insurance policies and endorsements thereof as well as any amendments that may occur thereon after the agreement of the two parties and as soon as possible without any delay.
- Educate the Insured with ways and methods to avoid accidents or mitigate their impacts.
- Provide and make available all documents and information which the Insured or the Beneficiary is entitled to obtain upon request, and especially upon the expiry of the insurance term or termination of the insurance contract for any reason whatsoever.
- Provide the Client with the accurate technical statistics on the results of its dealing with the insurance company during the past period upon request.
- Accurately and timely reply to Clients' inquiries as expected from a company that practices a specialized profession in a proficient and professional manner.
Article 5 Pricing
In pricing its insurance products offered to the Clients, the Company shall comply with the following:
- Full compliance with the generally accepted technical rules in insurance transactions when pricing the risks to be Insured.
- Not to add any excessive surcharges to the net premium or offer prices lower than the technical level, which may put the Company's financial position at risk and consequently exposing the Insured's interest to loss, which also constitute uncontrolled competition in the insurance market.
- Provide a complete statement of the price offered to the Client, so as to disclose any fees that may be incorporated in the offered price or that the Client will be required to pay in addition to the said price.
- Abide by the insurance prices set forth by the IA in mandatory insurances required in accordance with the laws and regulation, instructions and decisions issued thereunder.
- Inform the IA of the prices which the Company intends to apply enclosing a detailed statement of the technical and actuarial basis upon which the Company has determined such prices within a period of no less thirty days prior to implementing such prices, enclosing:
- Statistical data related to the settled and outstanding claims used as a basis of calculation.
- Detailed information about the significant losses incurred in the relevant insurance class and frequency thereof.
- Full compliance with the generally accepted technical rules in insurance transactions when pricing the risks to be Insured.
Article 6 Application for Insurance
When designing the insurance application form, the Company must observe the following:
- Questions to be incorporated in the insurance application form shall be drafted in a clear and understandable language. The form shall include guidelines to show how to answer these questions.
- The application form shall contain, inter alia, questions relating material facts that are particularly important for the Company in accepting the insurance cover of the risk, in setting the terms and conditions related to the cover or in pricing.
- The form shall also incorporate a warning regarding the legal consequences and effects on the Insured rights as a result of not providing the information or providing false, inaccurate and untrue information.
- The questions are supposed to be specifically relevant to the Insured Interest, the relation of the applicant therewith, the insurance interest and information related to the previous experience of the Client regarding the Insured Interest, particularly the past accidents.
- Information may not be incorporated in the application form by any employees of the insurance company. The form shall further contain a statement indicating that the provided information has been inserted by or to the knowledge of the applicant and that the signature affixed thereon is the signature of the applicant or his legal representative.
- The form shall incorporate a recommendation to the applicant to keep the documents and his/her correspondence with the Company.
- The Company shall provide the applicant with a copy of submitted insurance application to keep it.
- Questions to be incorporated in the insurance application form shall be drafted in a clear and understandable language. The form shall include guidelines to show how to answer these questions.
Article 7 The Policy
In arranging a Policy, the Company shall comply with the following:
- Use a clear legal and technical language for the Insured, subject to accuracy in setting forth the conditions to avoid misunderstanding by third parties.
- The Policy shall be clearly printed in a legible font, particularly to observe the following when printing the Policy:
- Each conditions pertaining to any event that may lead to the nullification of the contract or the lapse of the Insured's right shall be printed in conspicuous style (i.e. in a different font or different color).
- The Arbitration Clause shall be printed as a special agreement separate from the general terms and conditions incorporated in the Policy.
- Each conditions pertaining to any event that may lead to the nullification of the contract or the lapse of the Insured's right shall be printed in conspicuous style (i.e. in a different font or different color).
- The Policy must contain all terms and conditions governing the contractual relationship. The Policy shall be bound firmly to prevent the removal of any page therefrom or else clearly show if a page is removed. The number of pages shall be show in the body of the Policy and endorsements.
- Describe the subject matter insured and accurately determine the Sum Insured and scope of the coverage to avoid any confusion to the other parties.
- Explain the procedures that the Insured or the Beneficiary shall follow in the event the insured risk has occurred to receive the entitled compensation; and accurately define the deductible amount, co-insurance rate, or franchise.
- The Policy (of non-compulsory insurance) may incorporate an arbitration clause as a means to settle any dispute arising between the parties subject to the provision of clause (2) above.
- The Policy can incorporate a termination clause if the Insured failed to pay the premium. Such clause shall be written in a conspicuous manner as stated in clause (2) above.
- Life insurance policies or unit-linked fund formation policies must include a statement of the Company's obligations to regularly inform the Client of the investment position specific to this kind of insurance.
- Provide the Insured with a copy of the Policy, endorsements and amendments thereto as soon as possible after agreement thereupon.
- Develop an appropriate mechanism for the procedures of issuing policies within the Company, whereby a policy is issued pursuant to the agreement between the parties.
- The Policy shall stipulate that no amendment to any clause therein is valid unless the parties so agree.
- Use a clear legal and technical language for the Insured, subject to accuracy in setting forth the conditions to avoid misunderstanding by third parties.
Article 8 Renewal of the Policy
On renewal of a Policy, the Company shall comply with the following:
- When issuing a Policy, inform the Client that the Policy is not automatically renewed on its expiry date (unless it is so agreed by the parties). To this effect, the Insured shall submit an application for the Policy renewal.
- At appropriate and reasonable time prior to the expiry of the insurance term, send a notification to the Insured on the approaching expiry of the insurance term, asking whether he/she wishes to renew the Policy.
- Incorporate in the renewal notification an alert to the Insured that it is necessary to disclose any information related to material facts mentioned in Clause (2) of Article (6) of these Instructions or any change in the information previously provided that would influence the Company's decision regarding the continuation to accept the risk cover, conditions or prices previously determined, whether such change has occurred after the Policy commencement date or after the last renewal thereof; whichever occurs later.
- When issuing a Policy, inform the Client that the Policy is not automatically renewed on its expiry date (unless it is so agreed by the parties). To this effect, the Insured shall submit an application for the Policy renewal.
Article 9 Claim Procedures
When processing a claim submitted thereto by a Client, the Company shall comply with the following:
- Set a mechanism for processing claims submitted thereto, including:
- Preparing claim forms according to the respective type and class of insurance to be provided free of charge to the Insured or the Beneficiary. Such forms shall be written in a clear language and shall define the information required to be provided by the Insured or the Beneficiary.
- Defining the documents that should be submitted for the examination and settlement of the claims.
- Specifying an appropriate period of time for the settlement of the submitted claims.
- Preparing claim forms according to the respective type and class of insurance to be provided free of charge to the Insured or the Beneficiary. Such forms shall be written in a clear language and shall define the information required to be provided by the Insured or the Beneficiary.
- Settle the claims without undue delay in accordance with the provisions of the law and the terms and conditions of the Policy.
- Inform the Insured or Beneficiary of the progress in the examination of the claim and the date of issuing a decision thereon whenever anyone of them so requested.
- Notify the Insured or Beneficiary when the examination of the claim is completed, whether by approval or disapproval, within 15 days as of the date of receipt of the complete documents. If there is any reason requiring a longer period, the Company shall notify the Client of such period with the reasons thereof.
- The Company shall pay to the Insured or Beneficiary the payable amount without delay in case the claim was approved and the parties agreed on such amount. Accordingly, the Insured or the Beneficiary shall sign a document to discharge the Company, a subrogation or a transfer of rights (if reasonable required) when the amount of indemnity is paid.
- If the Company rejects a claim, in total or in part, it shall inform the compensation requester about the reasons for such rejection in writing. The reason for rejection may not be in general and inaccurate expressions. In addition, a rejection may not be simply due to failure by the compensation requester to carry out certain procedures or provide certain data, unless such procedures or data are necessary to verify the accident and its causes, or the size of damage it has caused, or are required to enable the Company to exercise its legally established right of recourse.
- Subject to the condition of the Policy, the Company may take, on its own initiative, action to repair or replace property of the Insured as soon as possible, provided that such action is consistent with its obligations.
- In case of multiple items of the claim where the dispute is related only to some of them, the Insured or Beneficiary may claim compensation related to the items agreed thereupon under the final settlement.
- The Company shall maintain a special file for each claim where all relevant correspondence, reports and documents are kept for reference in performing the control or audit task.
- Set a mechanism for processing claims submitted thereto, including:
Article 10 Complaint Register
- The Company shall maintain a register for complaints received from its Clients; where the complaint’s date of submission, serial number, name of complainant, relevant policy number and summary of the subject thereof, and supporting documents attached thereto are recorded.
- The Company shall create a file for each complaint, where all relevant papers and documents are kept. The Company shall investigate and decide on each complaint within 15 days as of the date of its submission and completion of requirements thereof. The decision is then issued, either approving or disapproving the complaint, and the Company shall state the summary of its decision in the Complaint Register.
- IA inspectors shall have access to the Complaint Register to verify information recorded therein. They shall also have the right to review the file of any complaint that has been settled to verify the reasons on which the Company has based its decision.
- The Insured, the Beneficiary or any concerned party may appeal to the IA in case the complaint thereof is rejected.
- The Company shall maintain a register for complaints received from its Clients; where the complaint’s date of submission, serial number, name of complainant, relevant policy number and summary of the subject thereof, and supporting documents attached thereto are recorded.
Article 11 Publicity and Advertisement
When issuing an advertisement, publication, statement or declaration targeting the public or any segment thereof directly or indirectly, the Company shall adhere to honesty, truth and objectivity including:
- Prior to publishing an advertisement in the media or through direct communication with the Clients with respect to a certain insurance policy or scheme, the Company shall forward such Policy or scheme to the IA. Where a legal violation or a deviation form technical rules is ascertained, the IA may request the Company to make the required amendment.
IA approval or non-objection to the terms and conditions will not affect the rights and obligations of any party to a contractual arrangement, and shall not be used as evidence before the Judiciary to prove the legality of any party's position.
- The information provided to the public must be accurate, factual and consistent with the law and technical rules.
- In case the information includes statistical figures, such figures must be accurate and presented in a sound technical manner along with the sources thereof. If derived from a certain source, such source shall be indicated.
- The advertisement or publication may not include any untrue promises or create a impression of benefits and advantages that are incompatible with the reality.
- If the advertisement or publication contains special prices of the coverage, such prices must be clear, with as statement whether they are inclusive or exclusive of duties and taxes, if any.
- The advertisement or publication must be compatible, in content, with the content of the Policy scheduled to be offered in the market.
- The advertisement or publication may not contain any false information concerning the financial position of the Company providing an inaccurate impression to the Clients.
- Prior to publishing an advertisement in the media or through direct communication with the Clients with respect to a certain insurance policy or scheme, the Company shall forward such Policy or scheme to the IA. Where a legal violation or a deviation form technical rules is ascertained, the IA may request the Company to make the required amendment.
Article 12 Advertising Persons and Fund Accumulation Insurance Policies
In its advertisements and publications relating to insurance policies for persons and fund accumulation, the Company shall comply with the following:
- Not to provide false information with respect to obtaining loans or arranging mortgages backed by the Policy.
- Not to use ambiguous phrases or assigning names, titles or descriptions to policies that would give the public a misleading and unreal impression whether about the benefits the Policy offers, the scope of coverage or the specific premium.
- Fully disclose any terms contained in the Policy that would restrict or reduce the nominal value entitled under the Policy.
- Not to include in the advertisement any exaggerated information about profit sharing, interests or eligibility to a share of the surplus.
- The advertisement draft should not include any unfair or inaccurate comparison between the benefits offered by the advertised Policy and those offered by policies of other companies, or that may constitute a tort to the position of competitors.
- Not to include in an advertisement about a Policy ant reference that may identify such Policy as a special offer; or may indicate that the holder thereof will enjoy unspecific benefits later on; or that the offer is available for a group of irrelevant individuals, applicable only to a specific number of policies or valid only for a specific period of time, after which the provision of the advertised Policy is stopped, unless it is the actual reality.
- Focus in the advertisement on insurance advantages and avoid exaggeration in listing the investment advantages that may or may not be achieved in the future.
- Not to provide false information with respect to obtaining loans or arranging mortgages backed by the Policy.
Article 13 Dealing with the IA and Official Agencies
When dealing with the IA and other official agencies, the Company is required to observe the following:
- Deal with transparency and professionalism.
- Provide any data or information required by the Director General concerning insurance applications rejected by the Company or policies it has declined to renew, along with a statement of the reasons of such rejection or non-renewal. The Company shall reply to inquiries by the IA regarding any complaint submitted to and notified to the Company within an appropriate period to be set by the IA.
- Deal with transparency and professionalism.
Article 14 Settlement of Disputes between Companies and Payment of Balances
The payment of undisputed balances among the companies is required for the good conduct of transactions in the insurance market.
The companies must settle all disputes arising among them by bilateral amicable methods or through the Emirates Insurance Association, if the parties so agree, prior to resorting to courts.
Article 15
These Instructions shall replace the Rules for Insurance Companies’ Transactions in the UAE Insurance Market issued under the Ministerial Resolution No. 296 of 2004 by HE the Minister of Economy.
Article 16
These Instructions shall be published in the Official Gazette, and shall take effect after the elapse of three months from the date of publication thereof.
Administrative Decision No. (140) of 2019 Concerning the Exclusion of Some Insurance Policies From the Requirement of Being Written in the Arabic Language
Effective from 15/10/2019The Director General of the Insurance Authority,
Having Considered:
- Federal Law No. (6) of 2007 on Establishment of the Insurance Authority & Organization of Insurance Operations and amendments thereof;
- Insurance Authority Board of Directors' Decision No. (2) of 2009 concerning the issuance of the Executive Regulation of the Federal Law No. (6) of 2007 on Establishment of the Insurance Authority & Organization of Insurance Operations;
- Insurance Authority Board of Directors Decision No. (3) of 2010 on the Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the UAE and the amendments thereof,Has decided: -
Article (1)
Pursuant to the provisions of paragraph No. (4) of Article No. (28) of the Federal Law No. (6) of 2007 as amended, the following insurance policies shall be excluded from the requirement of being written in the Arabic language:
- Marine hull, and the related machinery, their missions, equipment and the related liabilities insurance.
- Aviation hull insurance and the likewise, and the related machinery, their missions, equipment and the related liabilities insurance.
- Satellites, balloons and spaceships, and the related machinery, their missions, equipment and the related liabilities insurance.
- Oil Insurance, including all insurance that is normally considered oil insurance.
- Insurance policies of an international nature which are required to be written in the English language.
Article (2)
First: Insurance companies shall apply for licensing the insurance product to the Authority electronically, according to the form prepared for this purpose, containing all the papers, data and documents related to the product. As well as, the illustrations, tables and the like, in accordance with the following types:
- Insurance of Persons and Funds Accumulation Operations, including the following:
- Insurance policy in Arabic;
- Insurance policy in English;
- Specification Table in Arabic;
- Specification Table in English;
- Application Form in Arabic;
- Application form in English;
- Claim Form in Arabic;
- Claim Form in English;
- Illustrations Form;
- Electronic Spreadsheet;
- Detailed report of the Actuary in accordance with the legislation in force;
- Signed reinsurance arrangements;
- Product marketing materials;
- Description of the policy management system;
- Any other documents or data that may be deemed relevant.
- Types of Property and Liability Insurance including:
- Insurance policy in Arabic.
- Insurance policy in English.
- Specification Table in Arabic.
- Specification Table in English.
- Certificate of the Actuary, including his endorsement of the technical bases and the premium rates.
- Application Form in Arabic.
- Application form in English.
- Claim Form in Arabic.
- Claim Form in English.
- Signed reinsurance arrangements;
- Product marketing materials;
- Any other documents or data that may be deemed relevant.
Second: Annexing a certificate by the Company's Compliance Officer of AML/CFT in insurance activities, including his study and assessment of the risks associated with the product and the inclusion of the company's internal controls for the basis of the management of these risks.
Third: Providing an undertaking stating that the product does not conflict with the legislations in force in the State.
Fourth: Any other data or documents requested by the Authority.Article (3)
This decision shall come into force as from the day following the date of its issuance.
Insurance Authority Board of Directors’ Decision No. (49) of 2019 Concerning Instructions for Life Insurance and Family Takaful Insurance
IA-BOD-RES 49/2019 Effective from 9/10/2019This Resolution has been amended by the Insurance Authority Board of Directors' Resolution No. (15) of 2020. You are viewing the latest version. Please find the PDF of the previous version on the table below.version 2 (consolidated as of 20/03/2020) pdf download version 1 (effective from 09/10/2019) pdf download Chairman of the Insurance Authority
Having considered:
- - Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations as amended and its Executive Regulation;
- - Federal Decree No. (20) of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations and its Executive Regulation;
- - Cabinet Resolution No. (20) for 2019 Concerning Terrorism Lists Regulations and Implementation of UN Security Council Resolutions on the Suppression and Combating of Terrorism, Terrorist Financing and Proliferation of Weapons of, and Related Resolutions.
- - Board of Directors’ Resolution No. (3) of 2010 Instructions Concerning the Code of Conduct and Ethics to be Observed by Insurance Companies Operating in the State;
- - Board of Directors’ Resolution No. (4) of 2010 Concerning the Takaful Insurance Regulations;
- - Board of Directors’ Resolution No. (8) of 2011 Instructions Concerning the Regulations of Insurance Agents Business;
- - Board of Directors’ Resolution No. (15) of 2013 Concerning Insurance Brokerage Regulations as amended and related Decisions;
- - Board of Directors’ Decision No. (25) of 2014 related to the Financial Regulations for Insurance Companies;
- - Board of Directors’ Decision No. (26) of 2014 related to the Financial Regulations for Takaful Insurance Companies;
- - Board of Directors’ Decision No. (9) of 2017 concerning the Regulations on Licensing and Registration of Actuaries and Regulation of their Operations;
- - Board of Directors’ Decision No. (13) of 2018 Instructions Concerning Marketing Insurance Policies through Banks; and,
- - Pursuant to what has been presented by the Director General of the Authority and approved by the Insurance Authority Board of Directors,
Has decided,
Article (1) – Definitions
The following words and expressions shall bear the meaning indicated beside each of them unless the context indicates otherwise.
State The United Arab Emirates. Law Federal Law No. (6) of 2007 on Establishment of the Insurance Authority and Organization of the Insurance Operations, as amended. Executive Regulations The Executive Regulation of the Law. Authority The Insurance Authority established by virtue of the provision of the Law. Board Board of Directors of the Authority. Director General Director General of the Authority. Company The insurance Company incorporated in the State, or foreign branch of an insurance Company, licensed to carry out insurance operations in the State either through a branch or an insurance agent, including Takaful insurance companies. Insurance Agent The person qualified by the Company and authorized to practice the insurance business on behalf of it or on behalf one of its branches. Insurance Broker The person who independently intermediates in insurance and reinsurance operations between the insurance or reinsurance proposer on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or reinsurance has been concluded. Financial Regulations Board of Directors’ Decision No. (25) of 2014 Pertinent to Financial Regulations for Insurance Companies and Board of Directors’ Decision No. (26) of 2014 Pertinent to Decision No. (49) of 2019 Pertinent to Regulations for Life Insurance and Family Takaful Insurance. Financial Regulations for Takaful Insurance Companies, as appropriate. Charges Amounts or expenses that are considered as part of the premium whether related to expenditures, remuneration or costs, as appropriate. Actuarial Funding A method of calculation that a life insurance company can use to reduce the size of the unit reserves it needs to retain in respect of its unit-linked business. The Company effectively capitalizes some or all of the unit-related charges it expects to receive from the units it has nominally allocated, with the funding then being repaid from these future charges as they are received. Ad-hoc Premium An additional premium paid to a single premium policy or a non-regular payment for regular premium policies where the payment is over and above the Modal Premium for the purpose of increasing benefits. Annualized Premium The Policy Premium that the client has agreed to pay to the Company which covers a period of twelve months. Actuary The actuarial expert who is licensed and registered by the Authority and who has been appointed by the Board of Directors of the Company in accordance with the Financial Regulations. Cash Value The accumulated value to the policyholder from all sources, including protection and savings, after all standard policy charges are deducted, except for the Surrender Charges, which will be paid to the policyholder upon completion of the Policy Term or upon any termination or conversion which does not generate any Surrender Charges. Commissions All amounts paid to the Distribution Channels, including renewal commissions, related to selling and/or maintaining insurance policies. Irrespective of what they are called and how they are paid, these payments must be combined and counted as part of total commissions. Commission Claw-Back A recoupment of commissions paid up-front to Distribution Channels when a policy is surrendered prior to a specific period of time. Commission claw-back can also occur in the event of non-payment of premiums or contributions by the client during the initial commission claw-back period. Policy Churning Selling an insurance policy to a policyholder which unnecessarily replaces an existing policy, for the purpose of increasing turnover and generating additional commissions. Credit Life Products The products that are bundled together with the loans of the existing or new clients of banks or financial institutions. These loans can be, but are not limited to, mortgage, personal, auto, credit card, business, overdraft, etc. EIBOR Emirates InterBank Offered Rate. Explicit Fund Management Charges The fund management fees, or any other fees related to the invested assets, such as processing fees, etc., which are charged to the policyholder by the Company. Implicit Fund Management Charges All fees which are being deducted by the fund manager and/or which are used to adjust the unit price by the fund manager. Free Look Period A period of time wherein the policy may be cancelled or surrendered in return for refunding the premium paid. Illustrations Detailed projections of policy premiums, charges, surrender values, investment returns over the term of the insurance policy. Indemnity Commission A commission up-front or in advance based on the future value of the policy, including the future periods, for which a commission claw-back may apply. Initial Access Fees An initial up-front payment(s) made directly or indirectly, such as training costs, to Distribution Channel(s) by a Company as a fee to start a relationship, with or without any policy being sold. Maturity Benefit The final Cash Value of the policy at the end of the Policy Term. Modal Premium The premium paid on a policy based on the frequency of the premium payments, which could be annual, semi-annual, quarterly or monthly. Mode of Premium Payment The frequency in which the policyholder selects to pay premiums. Frequency options are typically annual, semi-annual, quarterly, monthly or single premium. Net Asset Value The accumulated value of the invested assets in the policyholder account, after deduction of the Implicit and Explicit Fund Management Charges. Policy Premium Includes all regular amounts payable under the policy to the Company which are used for any protection or savings purposes. The payment for a Single Premium Policy would be considered a Policy Premium. Policyholder Reasonable Expectations The minimum acceptable level of benefit payout, including options provided, non-guaranteed bonus rates, etc., based on information provided to the policyholder, and any other factors that may shape policyholders’ expectations. Premium Payment Term The total number of periods, depending on the Mode of Premium Payment, over which the policyholder must pay the premium. Protection Benefit The sum assured, which shall be paid to the beneficiary in the event that a covered peril, such as death, occurred. Such sum assured can be fixed or variable according to the structure of the insurance product. The accumulation of Net Asset Value from investments which are repaid to the policy beneficiary in the event that a covered peril occurred is not part of the Protection Benefit. Protection Benefit Ratio A ratio defining the amount of protection coverage included in the value of the insurance policy. Pure Protection Products Any product that has a Protection Benefit, but has no Cash Value. Savings Products Any product that has a Cash Value would be treated under the umbrella of Savings Products. Short-Term Products All products where the policy term is one year or less. Single Premium Policy Insurance policy wherein a lump sum is paid as premium at the inception of the insurance coverage. Surrender Charges Fees charged to the policyholder, upon early termination, conversion or surrender of a policy, to cover the costs of the early termination of the policy. Surrender Value / Surrender Benefit The Cash Value, or benefits, paid to the policyholder, after all Surrender Charges have been deducted. Long-Term Products All products where the policy term is over one year. Unit Linked Product Insurance plans that provide the option to invest in any number of qualified investments, such as stocks, bonds, mutual funds. Distribution Channels Insurance Agents, Insurance Brokers and the marketing of insurance policies through banks or finance companies, as well as, the direct production of the Company through its employees. Article (2) – Instructions Application
- The provisions of the Instructions herein shall apply to the Companies, Distribution Channels and any other insurance-related profession regulated by the Authority.
- The provisions of the Instructions herein shall apply to insurance policies concluded after the entry into force of their provisions.
- The provisions of the Instructions herein shall apply to the Companies, Distribution Channels and any other insurance-related profession regulated by the Authority.
Article (3) – Commission Limits
First: The total Commissions paid to any Distribution Channels, are subject to the following commission limit rules.
- Pure Protection Products
- The maximum Commissions paid is 10% of the periodic Annualized Premium times the number of years in the policy term. The overall cap of Commissions
over the full policy term is 160% of the Annualized Premium.
- For a Single Premium Policy and Ad-hoc Premium, the maximum
Commissions paid must not be more than 10%.
- The maximum Commissions paid is 10% of the periodic Annualized Premium times the number of years in the policy term. The overall cap of Commissions
- Savings Products:
The maximum Commissions paid is based on the following definitions and formula:
- Savings Ratio component – equals 4.5% of the periodic Annualized Premium
times the number of years in the policy term; an overall cap of Commissions over the full policy term is 90% of the Annualized Premium; and for a Single
Premium Policy and Ad-hoc Premium, the maximum Commissions paid must
not be more than 4.5% of the premium.
- Protection Ratio component – equals 10% of the periodic Annualized
Premium times the number of years in the policy term. The overall cap of
Commissions over the full policy term is 160% of the Annualized Premium;
and for a Single Premium Policy and Ad-hoc Premium, the maximum Commissions paid must not be more than 10% of the premium.
- Protection Benefit Ratio (“PBR”) – as determined by the Actuary as per Article
(13) of the Instructions herein.
- To calculate the maximum Commissions paid for a Savings Product, the Actuary must use the following formula, separately for each component:
Maximum Commission = [Protection Ratio x PBR] + [Savings Ratio x (1 – PBR)]
Second: Premium Changes.
- The Actuary should consider non-recurring changes in the Annualized Premium due to add-on coverages, riders, or similar ad-hoc options in the same way as first year Annualized Premiums; meaning the commission limit rules apply as if the change in premiums is a separate policy.
- Recurring changes in the Annualized Premium due to premium indexation features, which may or may not change the premium based on an independent index, may not be used to increase the overall caps for total Commissions; meaning the overall caps apply as if all future premiums are the same as the first year Annualized Premium.
- Planned increases in the Annualized Premium due to premium indexation features, which increase the premium based on predetermined rules or amounts, may not be used to increase the overall caps for total Commissions; meaning the overall caps apply as if all future premiums are the same as the first year Annualized Premium.
- Planned decreases in the Annualized Premium due to premium indexation features, which decrease the premium based on predetermined rules or amounts, may not be used to increase the overall caps for total Commissions; meaning the overall caps apply as if the first year Annualized Premium was calculated as an average of all future premiums.
Third: Policy Types.
The commission limit rules apply to all types of Life insurance policies, whether sold to individuals or groups, regardless of the policy term and Distribution Channel, unless specifically stated otherwise in the Instructions herein.
Fourth: Total Commission.
If the commission is calculated based on the Cash Value or Net Asset Value of the policy and not on the premium, the Actuary needs to certify that the overall Commissions, using reasonable assumptions in the calculation, is consistent with the commission limits set in this Article.
Fifth: Deferred Incentives for a Series of Policies.
In the case of payment of incentives to Distribution Channels in the form of deferred compensation, entitlement of which is not pursuant to individual policies but with a series of polices. In such case, it is required to acquire an actuarial certificate to verify that the total Commissions are in accordance with the Instructions herein.
- Savings Ratio component – equals 4.5% of the periodic Annualized Premium
- Pure Protection Products
Article (4) – Indemnity Commission
- For Regular Premium policies, no Indemnity Commission is allowed beyond the conditions set out below. The Commissions paid should be based on the Annualized Premium collected.
- If the Mode of Premium Payment is semi-annual, quarterly, or monthly, the Commissions paid can be based on the Annualized Premium. In this case, it must be borne by the Company and not through the policyholder account.
- The Commissions paid on Annualized Premium is subject to the following conditions:
- First year Commissions shall be capped at 50% of the Annualized Premium or
50% of the total Commissions payable under the insurance policy, whicheveris less.
- The remaining Commissions shall be paid out equally over the remaining Premium Payment Term of the policy. For Premium Payment Terms of 20 years or more, the Actuary may propose a non-equal pay, provided that it will be subject to prior approval by the Authority, pursuant to Article No. (17) of the
Instructions herein.
- The first year Commissions shall be subject to Commission Claw-Back during
the first five years of the policy at a minimum.
- First year Commissions shall be capped at 50% of the Annualized Premium or
- For Regular Premium policies, no Indemnity Commission is allowed beyond the conditions set out below. The Commissions paid should be based on the Annualized Premium collected.
Article (5) – Multiple Distribution Channels
- The commission limit rules in these Instructions shall apply to all Distribution Channels when they are involved in selling the same insurance policy or if the Distribution Channel changes during the term of the policy. Thereupon, the commission limit rules apply as if there is only one Distribution Channel.
- If the Company is selling through multiple Distribution Channels or using different types of Distribution Channels, the total costs, such as Commissions, internal expenses, etc., of selling through each channel shall be specifically allocated to the clients within each Distribution Channel. The policyholders shall only bear the costs associated with their Distribution Channel and shall not be disadvantaged by sharing some of the costs of another Distribution Channel, meaning there should not be any cross subsidization between Distribution Channels.
- In case of expenses shared between different Distribution Channels, the expense allocation shall be carried out by the Actuary in accordance with the above-mentioned controls.
- All Distribution Channels that are involved in the process of sale, shall comply with refunding the Commissions in full if the policy is surrendered within the Free Look Period. Likewise. the pro-rated first year Commissions must be refunded to the Company after the Free Look Period.
- The commission limit rules in these Instructions shall apply to all Distribution Channels when they are involved in selling the same insurance policy or if the Distribution Channel changes during the term of the policy. Thereupon, the commission limit rules apply as if there is only one Distribution Channel.
Article (6) – Policyholder Fees
- The payment of fees, including up-front, fixed, advice, management, trailing to any Distribution Channels are allowed provided that:
- The fees are not recouped from the offered product;
- The client is fully aware of the fees; and
- The fees are considered to be part of total Commissions. Accordingly, they must be in line with the commission limit rules.
- The fees are not recouped from the offered product;
- The payment of fees to an Investment Advisor is allowed provided that:
- If the fees are not fully disclosed separately from all other charges or if the client is not fully aware of the fees and services at policy inception, then the fees are considered to be part of total Commissions. Accordingly, they must be in line with the commission limit rules;
- If the fees are fully disclosed separately from all other charges and the client is fully aware of the fees and services at policy inception, then the fees shall not be part of total Commissions.
- In all cases, the Investment Advisor is prohibited from selling and marketing insurance policies, unless a license is obtained from the Authority.
- If the fees are not fully disclosed separately from all other charges or if the client is not fully aware of the fees and services at policy inception, then the fees are considered to be part of total Commissions. Accordingly, they must be in line with the commission limit rules;
- The Company is allowed to pay Initial Access Fees to start a relationship with any Distribution Channel. However, the Initial Access Fees must be borne entirely by the Company and may not, by any means, be charged to the policyholders. The Initial Access Fees must also be offset against Commissions payable to the Distribution Channel until they are fully repaid.
- For multi-year relationships with any Distribution Channel which started prior to the end of the alignment period, the Initial Access Fees to be repaid must be based on a pro rata share of the charges for the unexpired term of the relationship.
- The payment of fees, including up-front, fixed, advice, management, trailing to any Distribution Channels are allowed provided that:
Article (7) – Disclosures
- The following issues in Articles (8) to (13) with regards to communicating with the client need to be complied with at all times and for all new policies sold after the effective date of the provisions of this decision, as appropriate.
- Companies are required to have approved internal risk management controls that defines the clear responsibilities of the individuals, Distribution Channel, and the Company in the event that any breach in disclosures are made to the client. These controls must be shared and signed off by all the concerned stakeholders that are involved in selling Life insurance products.
- All documents which can be provided to the clients must be available in two languages; the Arabic language and another language as requested by the client.
- The following issues in Articles (8) to (13) with regards to communicating with the client need to be complied with at all times and for all new policies sold after the effective date of the provisions of this decision, as appropriate.
Article (8) – Solicitation of Contract
- The Company, or any Distribution Channel, is prohibited to ask the policyholder for full documentation in order to produce Illustrations. This includes, but is not limited to, passport, visa, bank account, etc.
- The Company cannot sell a product unless the client has signed, either physically or electronically, on all the relevant documents required to sell the product. A copy of these documents must be provided to the client.
- The Company, or any Distribution Channel, is prohibited to ask the policyholder for full documentation in order to produce Illustrations. This includes, but is not limited to, passport, visa, bank account, etc.
Article (9) – Free Look Period
- A Free Look Period of at least 30 calendar days must be provided to the policyholder. The Free Look Period starts on the date of policy issuance, the date when coverage commences, or the date when the policy documents are signed by the client, whichever is earlier. The Distribution Channels directly involved in the sale process cannot ask for an explanation from the policyholder in case the policyholder determines to cancel or surrender the policy during the Free Look Period.
- The Company, or a Distribution Channel representative not directly involved in the sale process, has the right to contact the policyholder to identify the reasons for the cancellation. However, any abuse of this right, such as applying pressure on the policyholder, will be considered a breach of the code of professional conduct.
- The Company should have a policy to refund the full premium in case of surrender within the Free Look Period. If the Company determines to adjust the premium using the Net Asset Value of the funds invested, both upward and downward gains / losses must be provided to the client. In the latter case, the Company cannot charge any bid-offer spread or any other charges to the client.
- The Company may deduct reasonable medical underwriting costs that have been incurred, for which a receipt and report must be provided to the client. No other costs, including risk premium cost, financial underwriting cost, cost incurred in issuance of policy, etc., can be deducted from the policyholder account. In order to deduct the reasonable medical underwriting costs, they must be approved by the Authority and clearly defined in the product submission to the Authority, as per Article (17) of the Instructions herein, by the Actuary.
- Excluding the persons directly involved in sale, the Company must contact the client to confirm that he/she is aware of the policy conditions, maturity, surrender, cancellation and short period schedule.
- A Free Look Period of at least 30 calendar days must be provided to the policyholder. The Free Look Period starts on the date of policy issuance, the date when coverage commences, or the date when the policy documents are signed by the client, whichever is earlier. The Distribution Channels directly involved in the sale process cannot ask for an explanation from the policyholder in case the policyholder determines to cancel or surrender the policy during the Free Look Period.
Article (10) – General Provisions Concerning the Illustrations
- The Illustration shall provide details of basic plans and supplementary riders, including the following, as a minimum:
- Mode of Premium Payment: Yearly / Half Yearly / Quarterly / Monthly / Single.
- Annualized Premium and Modal Premium.
- Name of plan, Protection Benefit, policy term, and Premium Payment Term.
- The Protection Benefit, Cash Value, Net Asset Value, Maturity Benefit, and Surrender Value should all be clearly defined and not combined. Similar values for riders should be clearly distinguished.
- The premiums should be gross of all charges and fees, and the Protection Benefit, Cash Value, Net Asset Value, Maturity Benefit, and Surrender Value should be net of all charges and fees.
- The headings in the Illustration table should be “Illustrative Values” or “Guaranteed Values” as applicable.
- Cumulative main plan premium should be provided.
- All other charges need to be disclosed, meaning no hidden charges are allowed.
- Any details related to Ad-hoc premiums should be provided separately.
- Mode of Premium Payment: Yearly / Half Yearly / Quarterly / Monthly / Single.
- For the policies sold after the effective date of these Instructions, a revised Illustration should be provided to the client upon request, or in the event of:
- Any significant Ad-hoc premium, such as more than 20% of Net Asset Value;
- Any significant partial withdrawal, such as more than 20% of Net Asset Value;
- Any change in Protection Benefits, including the increase / decrease in the rider benefits.
- Any change in future premium;
- Any change in Mode of Premium Payment; or
- Any change in policy term or Premium Payment Term.
- Any significant Ad-hoc premium, such as more than 20% of Net Asset Value;
- All Companies are required to send a policyholder account statement to the policyholder, at least semi-annually. For clients that request an account statement more frequently than semi-annually, the Company may charge a fee, provided this fee is predefined in the policy.
- All Companies are required to produce the Illustration values at the gross rate of return and then deduct all charges in determining the policyholder benefits. The gross rate of return is calculated before both Explicit and Implicit Fund Management Charges. All charges could include Explicit and Implicit Fund Management Charges, bid-offer spread, mortality premium, supplementary rider premium, premium charges, commission charges, and any other charges included in the calculation of the Protection Benefits, Cash Values, Net Asset Values, Maturity Benefits, Surrender Values and any other values shown in the Illustrations. The following shall be observed:
- The Company should deduct underlying Implicit Fund Management Charges in addition to its own charges and fees as applicable.
- In case of a Mirror Fund, the Explicit Fund Management Charges and the Implicit Fund Management Charges both need to be deducted as applicable.
- If the underlying funds of a Unit Linked Product have differing charges, a representative charge can be used provided that it is equal to or greater than the weighted average for the underlying funds.
- The Company should deduct underlying Implicit Fund Management Charges in addition to its own charges and fees as applicable.
- At least two scenarios, based on different sets of clearly defined assumptions such as investment rates of return, distribution charges, Surrender Charges, and similar charges, should be provided to illustrate variability in investment returns. The maximum gross investment rate used for the purpose of the calculation should not be greater than the three-month EIBOR + 4%, rounded up to the next 0.5%.
- The Company can update the maximum gross investment rate either annually starting January 1 or quarterly. If the update is annually, the Company should use the first EIBOR rate published after December 1 of the prior year. If quarterly, the Company should use the following EIBOR rates:
For Illustrations produced during:
Use first EIBOR published on or after
January 1 to March 31
December 1
April 1 to June 30
March 1
July 1 to September 30
June 1
October 1 to December 31
September 1
- If the Company updates the maximum gross rate annually, they should still monitor the EIBOR rates on a quarterly basis and issue an interim update for any quarter in which the change from the current maximum gross rate is +/-1.5%, or 150 basis points, or more.
- The Company can update the maximum gross investment rate either annually starting January 1 or quarterly. If the update is annually, the Company should use the first EIBOR rate published after December 1 of the prior year. If quarterly, the Company should use the following EIBOR rates:
- The Company can charge both Explicit and Implicit Fund Management Charges, but it must explicitly disclose all fund management charges to the client. Further, if the Company and/or Distribution Channels are getting any form of rebate or refund from a third party or fund manager, then this will belong to the client and not to the Company or the Distribution Channels. This must be clarified in the Illustrations.
- For with profit policies, bonus sustainability analysis must be carried out, and certified by the Actuary. This should be provided in any Illustrations. The analysis should be consistent with mortality, morbidity, investments, cancellation, withdrawal, and etc., which shall be the same as in the last valuation report. The Actuary may also need to justify the reason(s) for variances, if any, between the valuation report and Illustrations.
- The Company must also provide an Illustration, in the appendix, to give a clear picture of all the charges deducted and to show the guaranteed and non-guaranteed portions separately. This Illustration can be in the form of a “reduction in yield” or “effect of charges” breakdown which must be approved by the Authority and included with the product submission by the Actuary. If the Authority deems that these Illustrations are not clear or ambiguous, then using a 0% gross investment rate of return scenario can be required.
- All charges to the clients that can be changed in the future at the discretion of the Company must be disclosed. This includes, but is not limited to charges for contingencies that may relate to any future event that may be beyond the control of the Company, such as a change in mortality rates. Any such charge needs to be filed with the Authority, including the reason(s) for the change, along with an actuarial certificate before implementation.
- At the point of sale, the Surrender Charges and Surrender Value of the policy at the end of each year must be provided as a separate document and must not be stapled together with the entire policy. The fonts of this page should have ‘Red’ color and the client must sign this page separately.
- The Illustration shall provide details of basic plans and supplementary riders, including the following, as a minimum:
Article (11) – Declaration from Policyholder and the Distribution Channel
- A statement to be signed and dated by the applicant or policy owner reading as follows must be included: “I have received a copy of the illustration documents and understand that any non-guaranteed elements included in the documents are subject to change and could be either higher or lower. The [Distribution Channel] has informed me that they are not guaranteed. Further, I confirm that the [Distribution Channel] has not made any verbal or written communication, electronic file or any other material that is different from the illustration documents.”
- A statement to be signed and dated by the Distribution Channel or fund manager reading as follows must be included: “I certify that the illustration documents have been presented to the applicant and that I have explained that non-guaranteed elements illustrated are subject to change. Further, I confirm that I have disclosed all charges and fund management charges to the client. I have made no statements in any form that are inconsistent with the illustration documents.”
- A statement to be signed and dated by the applicant or policy owner reading as follows must be included: “I have received a copy of the illustration documents and understand that any non-guaranteed elements included in the documents are subject to change and could be either higher or lower. The [Distribution Channel] has informed me that they are not guaranteed. Further, I confirm that the [Distribution Channel] has not made any verbal or written communication, electronic file or any other material that is different from the illustration documents.”
Article (12) – Historical Performance
The Company should provide the historical performance of at least the Top 5 Funds to the policyholder, where the performance of the policyholder's account is dependent on either an internal or external fund, which should include at least 5 years of fund performance or all years if the fund has not yet completed 5 years. A separate fund performance report based on the client’s chosen portfolio of funds should also be provided, considering the following requirements.
- The Company must either provide information for all funds available with respect to a particular product, or provide information for all of the funds the Company offers. The Company and the Distribution Channel cannot pick and choose which funds to show a particular client.
- The fund’s performance should be updated annually, or more frequently, after the finalization of the Company's accounts. A copy of the performance of each fund should be provided to the Authority whenever it is updated.
- If there are particular funds that are not applicable to a specific product, the Company can use only the funds available for that product to determine the Top 5 Funds.
- The Company can segregate funds to match the risk appetite of the policyholder, such as low / medium / high risk. For segregated funds, the Company should strive to provide the performance for the Top 5 Funds in each group, unless fewer than 5 funds are available within a group.
- If any of the Top 5 Funds has existed for less than five years, the Company should provide more fund options to policyholders.
- The requirements for sharing the performance of the Top 5 Funds are at the point of sale and on an annual basis for the policyholder.
- The Top 5 Funds only needs to include funds available to policyholders in the UAE and not globally.
- The Company must either provide information for all funds available with respect to a particular product, or provide information for all of the funds the Company offers. The Company and the Distribution Channel cannot pick and choose which funds to show a particular client.
Article (13) – Protection Benefit Ratio
- Savings Products with a Protection Benefit Ratio less than 10% for any age, gender, smoker status, premium payment term, policy term, etc. can only be marketed when sufficient warnings are provided to the clients. The following calculation of the Protection Benefit Ratio should form part of the product certification by the Actuary:
Present Value of Protection Benefit related payouts over the Policy Term
Present Value of Policy Premiums received over the Policy Term
- Any product that has a Protection Benefit Ratio below the above requirement must include a disclosure highlighted in a Bold Red font that “the product has a limited or no protection benefit". The client signature is required directly below this disclosure.
Article (14) – Protecting the Rights of Policyholders
- In case Companies are selling Savings Products with different charges and different names that are deducted from the policyholder’s account, it is the responsibility of the Actuary to ensure that the profitability of each Savings Product is achieved throughout the policy term and that the policyholder is not overburdened for the Company's profit in the initial year(s). The Actuary is required to equitably allocate Surrender Charges for Savings Products between the Company and the policyholder.
- The Company may consider a Surrender Charge for the purpose of mitigating risk in relation to expenses incurred.
- The Surrender Value of a policy must be set on an equitable basis to both the policyholder and the Company. The Surrender Value, at any time of the policy, should be set in a way that the profit of the Company should not be greater than or equal to what would have been earned if the policyholder did not surrender the policy.
- The application of charges while determining the Surrender Value must be consistent with the rating structure of the policy and should be disclosed in the policy documentation, promotional material, and Illustrations.
- For policies that have any bonus, such as reversionary or guaranteed, at maturity, the Surrender Value should be defined in a way that it maintains the incentive of the Company to serve the policy near the end of the policy term. It is important that the Surrender Charge is appropriately shared between the policyholder and the Company and should not be treated solely as income for the Company.
- Should the adopted methodology result in a negative or zero Surrender Value, the Surrender Value may be set to zero. In this case, clear rationale should be provided to the Authority with justified consideration made with regards to treating the client fairly.
- The interest of the policyholder shall be considered when deriving the Surrender Value from the Cash Value. Should a policyholder choose to stop paying premiums and maintain the same term coverage, such as to purchase a single premium term / endowment / whole Life policy for the Surrender Value amount for the remaining policy term, then the Surrender Charges related to the conversion should be minimal as it should exclude all amounts that the client has already paid such as Commissions or policy set-up charges.
- In case Companies are selling Savings Products with different charges and different names that are deducted from the policyholder’s account, it is the responsibility of the Actuary to ensure that the profitability of each Savings Product is achieved throughout the policy term and that the policyholder is not overburdened for the Company's profit in the initial year(s). The Actuary is required to equitably allocate Surrender Charges for Savings Products between the Company and the policyholder.
Article (15) – Credit Life Products
For Credit Life Products sold through banks, or through Distribution Channels, the following rules shall apply:
- The requirements for disclosures in Articles (8) to (13) of these Instructions shall not apply to Credit Life Products.
- This Article is not applicable to the renewal Commissions for an existing block of in-force Credit Life Products only if the premium rates throughout the policy term have been guaranteed to the client. If the Company reserved the right to change premium rates, then this Article shall be applicable for an existing block of in-force business.
- Long-Term Single Premium Credit Life Products sold by a Distribution Channel shall be excluded from this Article and shall be covered under Articles (3) to (14).
- Quoting net of Commissions rates is not allowed. The Distribution Channel must quote the full rates provided by the Company and get the Commissions back from the Company in return. The Distribution Channel is not allowed to adjust the Commissions or the premium rate.
- The Company needs to obtain a separate confirmation from the client that premiums for Credit Life Products are being charged and paid by the client. It cannot be combined with or part of the overall documents provided by the Distribution Channel to the client for a loan or other transaction. The policy documents, brochures, benefits, charges, etc. must be provided to the clients.
- A Distribution Channel can have an exclusive arrangement with one Company. In case the client wishes to deal with another Company, this shall be considered, according to the type of license granted to the Distribution Channel.
- Any amount refunded based on the performance of the portfolio, such as profit commission, takaful surplus, re-takaful surplus, etc., if applicable, should be provided back to the takaful Participants’ Fund and not to be paid to the Distribution Channel as an incentive. It is the responsibility of the Company to ensure that the amount has then been transferred to the clients and not to be cross subsidized with other lines of business.
- The Company is allowed to pay Initial Access Fees to Distribution Channels. However, the Initial Access Fees must be borne entirely by the Company and may not be charged to the clients by any means whatsoever. Whenever any Initial Access Fees have been paid to a Distribution Channel, the Company is required to offset Commissions against the Initial Access Fees until they have been fully repaid.
- The requirements for disclosures in Articles (8) to (13) of these Instructions shall not apply to Credit Life Products.
Article (16) – Wakala and Mudaraba Fees
- For Short-Term Products, Wakala or Mudaraba fees (as appropriate), to which the Participants’ Fund shall be charged, shall be determined at a maximum of 35% of the gross written takaful contributions and the revenue of participants’ investments, earned during the fiscal year. The Shareholders’ Fund shall bear all operating, general and administrative expenses of the takaful insurance operations, without charging the Participants’ Fund any expenses other than the percentage mentioned in this paragraph. The maximum Wakala fee of 35% shall include the total Commissions.
- For Long-Term Products, the Company shall determine Wakala fees in line with their expense requirement analysis prepared by the Actuary. The Actuary shall have a clear role in ensuring that ‘Policyholder Reasonable Expectations’ are considered when determining the Wakala fees and that the charges of Wakala fees are not against the client’s interest.
- For Short-Term Products, Wakala or Mudaraba fees (as appropriate), to which the Participants’ Fund shall be charged, shall be determined at a maximum of 35% of the gross written takaful contributions and the revenue of participants’ investments, earned during the fiscal year. The Shareholders’ Fund shall bear all operating, general and administrative expenses of the takaful insurance operations, without charging the Participants’ Fund any expenses other than the percentage mentioned in this paragraph. The maximum Wakala fee of 35% shall include the total Commissions.
Article (17) – Submitting the Product to the Authority
- All products must be certified by the Actuary and submitted in accordance with the requirements of the Authority. In all cases, the following documents and data shall be provided at a minimum:
- Policy contract or wording;
- Policy documents, including sample policy specification schedule if any;
- Application form;
- Sample Illustrations;
- Product brochures and sales materials;
- Premium adequacy analysis;
- Information regarding any reinsurance arrangements;
- Information related to takaful insurance, details of Wakala and / or Mudaraba fees of the product
- All documents specified by the Authority; and
- Any other material deemed relevant by the Actuary.
- Policy contract or wording;
- All policy documents that could be submitted to the policyholder must be duly submitted in both Arabic and English.
- All existing products sold prior to the end of the alignment period can remain in use after the alignment period and it is not mandatory to be resubmitted for approval if they meet all of the terms and conditions of the Instructions herein.
- All products must be certified by the Actuary and submitted in accordance with the requirements of the Authority. In all cases, the following documents and data shall be provided at a minimum:
Article (18) – Policy Churning
- All forms of Policy Churning by a Company or a Distribution Channel are strictly prohibited.
- All complaints of Policy Churning submitted to the Authority will be reviewed, in terms of compliance with the relevant licensing requirements for the Company or the Distribution Channels. The proceedings shall be taken in accordance with the provisions of the law, regulations, instructions and decisions issued pursuant thereto, to determine if the content of the complaint is justified, by the Director General.
- A Company or a Distribution Channel can document that a policy termination and re-initiation or renewal does not constitute Policy Churning by demonstrating that:
- The total Commissions paid to the Distribution Channel for the combined policies, such as the policy(ies) being terminated and the new policy(ies)being initiated or expired and renewed policies, do not exceed the commission limit rules in Articles (3) to (6) of these Instructions. During the alignment period, this rule remains in force, even if new policies which comply with the commission limit rules have not yet been submitted to the Authority;
- The policy termination and re-initiation was requested by the policyholder without being prompted by the Company or Distribution Channel and that the policyholder has agreed in writing to total Commissions paid to the Distribution Channel for the combined policies which exceeds or may exceed the commission limit rules in Articles (3) to (6) of these Instructions.
- The total Commissions paid to the Distribution Channel for the combined policies, such as the policy(ies) being terminated and the new policy(ies)being initiated or expired and renewed policies, do not exceed the commission limit rules in Articles (3) to (6) of these Instructions. During the alignment period, this rule remains in force, even if new policies which comply with the commission limit rules have not yet been submitted to the Authority;
- All Companies should initiate market conduct practices to detect any violation in collecting commissions by Distribution Channels. This includes, but is not limited to, underwriting enquiries or requesting information about previous Life insurance policies, random audits of Distribution Channels, etc.
- All forms of Policy Churning by a Company or a Distribution Channel are strictly prohibited.
Article (19) – Actuarial Funding
Actuarial Funding is not allowed for financial reporting purposes and all Companies must establish technical provisions by cash allocation for initial units for all Unit-Linked Products.
Article (20) – Penalties
In case the Company, Distribution Channels or any person violates any of the provisions of these Instructions, the penalties stipulated in the Law, regulations, instructions and decisions issued pursuant thereto shall apply.
Article (21) – Issuing Decisions
The Director General of the Authority issues the required decisions, circulars and forms to enforce the provisions of these Instructions.
Article (22) – Publication and Effective Date
The Instructions herein shall be published in the Official Gazette and shall come into force after six months as from the day following to the date of its publication.
(The period granted to the entry into force has been extended for an additional period of (six of months), starting from 16/4/2020, as per the Insurance Authority Board of Directors’ Resolution No. (15) of 2020)
The Insurance Authority Board of Directors' Decision No. (41) of 2019 Concerning the Supervisory Rules for the Experimental Environment of Financial Technology in the Insurance Industry
IA-BOD-RES 41/2019 Effective from 15/9/2019The Chairman of the Board of Directors of the Insurance Authority,
Having pursued;
- Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of Insurance Operations, the amendments thereof and its Executive Regulations, and the regulations issued in implementation thereof and the amendments thereof;
- Commercial Transactions Law promulgated by Federal Law No. (18) of 1993;
- Federal Law No. (1) of 2006 Concerning Electronic Transactions and Commerce;
- Federal Law No. (24) of 2006 On Consumer Protection;
- Federal Decree-Law No. (3) of 2012 on the Establishment of the National Electronic Security Authority and the amendments thereof;
- The Federal Law No. (2) of 2015 On Commercial Companies;
- Federal Law No. (12) of 2016 Amending Federal Law No. (5) of 2012 on Combating Information Technology Crimes and the amendments thereof;
- And, based on the proposal of the Director General of the Insurance Authority and the approval of the Insurance Authority's Board of Directors,Has decided: -
Article (1)
The Financial Technology Regulatory Framework (Supervisory Rules for the Experimental Environment) annexed to this Decision, which forms an integral part thereof shall be adopted.
Article (2)
The Director General shall be authorized to:
1. Amend the supervisory rules for the experimental environment as deemed appropriate, when needed.2. Exclude the participants, who wish to enter the experimental environment from any mandatory requirements or obligations in the Authority's legislations whenever necessary within the scope and period of the acceptance letter granted for this purpose, and exclusively within the experimental environment, in order to enable them to participate in therein.
Article (3)
This decision shall be published in the Official Gazette and shall come into force as from the day following the date of its issuance.
Appendix (1)
Supervisory Rules for the Experimental Environment of Financial Technology in the Insurance Industry
First: Introduction
1. The rapid developments in digital technology are transforming the economic and financial landscape, as well as, creating opportunities and posing challenges for the insured, policyholders, beneficiaries, affected stakeholders, companies, related professions and regulators.
2. These developments are mostly led by the private sector, driven by the global digitization and technological development forces that are reshaping numerous aspects of the world's economies and societies.
Second: Objective
- Contributing to achieving the UAE Vision 2021, which aims to create a competitive knowledge economy based on innovation, which requires the support of the Innovative Solutions Owners. In the meanwhile, qualifying the Authority to understand the products to be introduced and identify the risks associated with them and to ensure a satisfactory level for customers during the pilot period.
- Transforming the UAE insurance market into a smart insurance market.
- Supporting the emerging Emirati FinTech companies.
- The Authority aims, by issuing this document, to define the regulatory framework for the operation and management of the experimental environment of the insurance sector, in order to create an attractive environment for the insurance sector using innovative systems, as well as, making it a platform to interact with FinTech companies, improving the regulatory framework, and contributing to economic growth and risk management.
Third: Categories of Applicants
- Innovative Solutions Owners, licensed and registered by the Authority, who wish to test technical solutions covered by their current license.
- Innovative Solutions Owners licensed and registered by the Authority, who wish to test technical solutions not covered by their current license.
- FinTech Companies registered in the Free Zones and the Financial Free Zones inside the State, which develop new FinTech solutions to be used in the State. These companies may enter the experimental environment, according to the following conditions:
- Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
- Obtaining an acceptance letter from the Authority to join the experimental environment.
- Submitting the approval of the free zone or the financial free zone in the State to apply for joining the experimental environment of FinTech at the Authority.
- Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
- National FinTech companies and branches of foreign companies registered inside the state, which develop new FinTech solutions to be used in the State. These companies may enter the experimental environment, according to the following two conditions:
- Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
- Obtaining an acceptance letter from the Authority to join the experimental environment.
- Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
- Foreign FinTech Companies, registered in their home country, which develop new FinTech solutions to be used in the State. These companies may enter the experimental environment, according to the following conditions:
- Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
- Obtaining an acceptance letter from the Authority to join the experimental environment.
- Submitting the approval of the regulatory authority in the home country to apply for joining the experimental environment of FinTech at the Authority.
- Establishing a partnership with an entity licensed and registered by the Authority, which shall be fully accountable to the Authority.
- Innovative Solutions Owners, licensed and registered by the Authority, who wish to test technical solutions covered by their current license.
Fourth: Eligibility Criteria
- The product, service, software, or business model (innovation) shall meet the following criteria:
- To be related to insurance products and / or services that fall under the jurisdiction and supervision of the Insurance Authority;
- To be innovative in terms of the technology used.
- To prove its benefit to insurance proposers (such as; promoting growth, efficiency, risk management, providing wider options, etc.)
- To have a need to be tested in the experimental environment.
- Applicants must demonstrate the following:
- Having adequate financial resources or support from an accredited entity to compensate any damages to which customers may be exposed during the experimental environment.
- Readiness and willingness to test the innovation in the real market environment with real customers.
- Willingness to launch the innovation to all customer base after completing the pilot period.
- Having relevant professional, technical and commercial knowledge and experience.
- Holding a bank account in the United Arab Emirates (if required by the Insurance Authority and in accordance with the nature of the product, service or software being tested).
- Meeting the criteria of efficiency and fitness in terms of integrity, financial capacity and honesty.
- The product, service, software, or business model (innovation) shall meet the following criteria:
Fifth: Cycle Time for the Participants
1. The Innovative Solution Owner shall follow a set of defined steps and stages that represent the time cycle for the participants in the experimental environment, in accordance with the conditions established by the Director General.
2. The pilot period in the experimental environment shall be from six to twelve months. This shall allow the Authority and customers to understand the feasibility of this innovation.
3. The Authority may reduce the length of the pilot period mentioned in the above paragraph (2), in case the proposed innovative solution:
a. Has a low risk nature to policyholders.
b. The innovative solution was previously applied to an international insurance market in cooperation with insurance companies or a branch of licensed foreign insurance companies.Sixth: Evaluation of Applications
The objective of the application phase is to study and evaluate the proposals made by the Innovative Solution Owners in the light of the eligibility criteria for the experimental environment, taking into consideration the following:
1. The originality of innovation, so that it is novel, new and supports the techniques used inside the State.
2. The benefit to the insured and the beneficiaries of the insurance policies, so that the applicant must provide the Authority with evidences showing that there are tangible results reflected on them positively.
3. Identifying the risks resulting from the innovative solution, and developing the necessary controls to manage these risks throughout the pilot period.4. Readiness for testing, in terms of providing an action plan that includes the implementation timeline and a clear testing methodology.
5. Exit plan, so that the Authority shall be provided with the future scenario of the process:
- Development of the innovative solution.
- Usage of the innovative solution, specifying the following:
1. How to extend the innovative solution to include a larger market.
2. How to ensure that the insured and beneficiaries are not harmed as a result of the failure of the test.
3. How to ensure that the insured and beneficiaries are not harmed as a result of a decision issued by the Authority or by an initiative of the Innovative Solution Owner.6. Applications for joining the experimental environment of FinTech shall be submitted in accordance with the approved forms for this purpose.
7. The forms shall include a number of documents that must be submitted with the application to be duly studied.
8. The Authority shall study and evaluate the application within a period of twenty (20) working days as from the date of submission of the completed application.Seventh: Conditions and Restrictions of the Authority
It is a set of conditions and restrictions imposed by the Authority in order to protect the rights of the insured, beneficiaries and affected stakeholders, including restrictions on:
1. Number and category of the customers of the Innovative Solution Owner participating in the test.
2. Type and size of transactions.
3. Prohibition of the possession of the funds of the insured and the beneficiaries.
4. Requirements to obtain written approvals from customers.
5. Requirements to add clear phrases in all correspondence with customers indicating that they are participating in the test.
6. Requirements for the simulation processes of system breach.
7. Controls of anti-money laundering and combating the financing of terrorism.8. Requirements of processing and protecting customer data by the innovative solution.
9. The Innovative Solution Owner shall submit reports in order to ensure a robust framework for identifying and managing risks during the testing process.
Eighth: Acceptance Letter to Join the Experimental Environment
1. In case the applicant is accepted to join the experimental environment, an acceptance letter of shall be provided, including the following:
- Approving the entry of the innovative solution owner to the experimental environment and determining the test period.
- Summary of the innovative solution that shall be tested.
- List of the approved experimental environment tools.
- List of the means of customer protection in the evaluation phase.
- The Authority shall reserve the right to suspend the test and withdraw the acceptance letter, if the Authority become aware of a violation of the conditions and restrictions contained in the acceptance letter.
- Confirmation that the Innovative Solutions Owners can use the acceptance letter in their transactions with other financial services companies to verify that they have obtained a permission from the Authority enabling them to take the test within the experimental environment.
- The acceptance letter shall not be considered as a license to carry out the business of the subject matter of the innovative solution outside the experimental environment of FinTech. Joining the experimental environment may not be a pretext for evading any legal requirements under Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations as amended, as well as its executive and regulations, resolutions, regulations and instructions issued pursuant thereto.
2. In case of any comments on the application to join the experimental environment, the applicant may resubmit the application after fulfilling the comments of the Authority within (20) working days.
3. In case the applicant failure to fulfill the Authority's comments within the above specified period, the application shall be deemed cancelled. However, the applicant may submit a new application.
4. In case the application is not approved, the decision of the Authority shall be final.Ninth: Periodic Reports
The Innovative Solution Owner, who holds an acceptance letter shall send monthly progress reports to the Insurance Authority signed by the senior management. These periodic reports should include at least the following information:
1. Progress in KPIs.
2. Number of volunteering customers.
3. Number and size of completed transactions.
4. Update of the risk register.
5. A detailed record of operational or technical incidents, including any cybersecurity problems or breaches (if any) and measures taken to address them.
6. Details of any customer complaints.7. In cases where the Innovative Solution Owner in the experimental environment of FinTech does not submit a monthly progress report, the Insurance Authority shall reserve the right to terminate his participation.
Tenth: Exiting the Experimental Environment
1. Suspension at the request of the innovative solution provider as a result of technical difficulties or similar issues, that are beyond his control forcing him to suspend the test until they are resolved.
2. The Authority may decide to suspend or terminate the test for public interest.
3. Termination of the test at the request of the innovative solution provider.4. The pilot period shall be ended at the end of its term.
5. In case the solution testing process is successful, these companies shall be permitted to release these solutions in the UAE insurance market within the controls to be determined by the Authority. However, the Innovative Solutions Owners must be fully licensed and registered to launch their digital solutions in the market. The Authority shall accelerate the registration and licensing procedures, as long as the Innovative Solution Owner is able to satisfy the conditions of registration and licensing, in accordance with the provisions of the Federal Law No. (6) of 2007 Concerning the Establishment of the Insurance Authority and the Organization of Insurance Operations as amended, as well as its executive and regulations, resolutions, regulations and instructions issued pursuant thereto.
Eleventh: General Provisions
1. The Authority may request a detailed audit report, prepared by an independent consultant approved by the Authority, within the period specified by the Authority, including with the following:
- A detailed description of the proposed innovative business model.
- Number and type of volunteering customers who participated in the tests.
- Number and size of the completed transactions.
- A detailed record of operational or technical incidents, including any cybersecurity problems or breaches (if any) and steps taken to address them.
- Details of any complaints by customer.
- Key results and test results.
- Evaluating whether defined KPIs have been achieved.
- Identify the main risks and the main steps taken to address an mitigate these risks.
- Feedback of the Volunteering customers, including complaints (if any).
- Details of any conducted audits.
- Results and comments concerning the success of the test.
2. The Authority shall have the right to publish and approve the names of applicants and the status of the received applications on its website, reports and in the audio-visual media.
Insurance Authority Board of Directors' Resolution No. (18) of 2020 Concerning the Electronic Insurance Regulations
IA-BOD-RES 18/2020 Effective from 27/4/2020Definitions
Article (1)
The following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:
State: The United Arab Emirates
Law: Federal Law No. (6) of 2007 Cconcerning the Establishment of the Insurance Authority and Organization of Insurance Operations and the amendments thereof.
Executive Regulations: The Executive Regulations of the Law.
Authority/IA: The Insurance Authority.
Board: The Board of Directors of the IA.
Director General: The Director General of the IA.
Company: The insurance company incorporated in the State and the foreign insurance company licensed to carry out insurance activities in the State either through a branch, or through an insurance agent, including Takaful insurance companies.
Insurance-Related Professions: Any person licensed by the Authority to practice any of the activities of Insurance Agent, Actuary, Insurance Broker, Surveyor & Loss Adjuster, Insurance Consultant or any other insurance related profession that the Board decides to regulate.
Insured: The person who has concluded an insurance contract with the company.
Insurance Proposer: The person who applies to acquire insurance coverage through the website of the insurance company, insurance agent or insurance broker.
Insurance Agent: The person approved and authorized by the company to carry out insurance operations on its behalf or on behalf of any branch thereof.
Insurance Broker: The person who independently intermediates in insurance and reinsurance operations between the insurance Proposer or reinsurance Proposer on one side and any insurance or reinsurance company on the other side and receives for his efforts commission from the insurance company or the re-insurance company with which the insurance or reinsurance has been concluded.
Electronic: What is relevant to new technologies which has electric, digital, magnetic, wireless, visual, electromagnetic, computed, photic capabilities, and the likewise.
Electronic Information: Electronic data and information in the form of text, codes, sounds, graphics, images, or otherwise
Electronic Insurance Operations: Any business carried out by the company through electronic and smart systems, including but not limited to; insurance coverage offers, insurance premium offers, selling of insurance policies, marketing of insurance policies, collection of premiums, receipt of claims, receipt and handling of complaints.
Website: The Company Address on the Web, which is accredited in all company’s publications, advertisements, and electronic documents and authorized by the competent authority, including but not limited to:
- Social networks such as Facebook, LinkedIn and Twitter.
- Multimedia sharing networks such as YouTube, Instagram and Snapchat.
- Blogs such as Blogger, Tumblr, and Word Press.
- Participatory work applications such as Google Docs and wiki tools.
- Systems based on artificial intelligence and machine learning.
- Autoreply, chatbot and smart personal assistant.
- SMS.
- Voice, video or audio communication.
- Live chat channels.
- Smart applications.
Electronic Copy: A record or document that is created, stored, generated, copied, sent, communicated or received by electronic means, on a tangible medium or any other Electronic medium and is retrievable in perceivable form.
Illegal Access: A person deliberately accesses a computer, a website, an information system, or a computers network without authorization.
Outsourcing Company, Provider or Developer: Any natural or legal person providing, publishing, and interfering with the trading of insurance information and data via the Internet.
Price Comparison Websites: The registered company at the Authority to provide insurance premium price comparison services, using the internet.
Competent Authorities: government entities concerned with the regulation of the businesses identified in the laws for their establishment.
Chapter One
General Provisions
Article (2)
- These regulations shall apply to all electronic and smart insurance operations practiced by licensed Insurance Companies, Insurance-related Professions and marketing insurance policies through banks to the extent applicable to their nature.
- The provisions of the Federal Law concerning the Electronic Commerce and Transactions and other related laws in force shall apply to the conclusion of an insurance contract electronically or any other matters related to the electronic insurance operations, excluding the matters that are specifically addressed hereunder.
- Insurance Companies, and Insurance-related Professions must comply with the application of Protection of Confidential Information, issued by the Competent Authorities.
- These regulations shall apply to all electronic and smart insurance operations practiced by licensed Insurance Companies, Insurance-related Professions and marketing insurance policies through banks to the extent applicable to their nature.
Terms of Approval
Article (3)
Before submitting an application to obtain the approval of the Insurance Authority to practice electronic insurance operations, Companies shall develop a specific action plan for electronic insurance operations, approved by the company’ board of directors, or signed by the owner of the Sole Proprietorship or signed by the same person, in the event that he is a natural person or Sole Proprietorship, as appropriate, prior to submitting it to the Authority. This plan shall include but not limited to the following:
- An analysis of the projected volume of electronic insurance operations for the next three years;
- An analysis of the risks associated with electronic transactions and the necessary precautionary measures and procedures to mitigate those risks, including, but not limited to – risks of cyber security, risks of adverse selection, money-laundering and terrorist financing offenses in insurance activities, strategic risks and illegal access to the website.
- A contingency plan, including the actions that should be taken in case one or more element of the electronic or smart system are disrupted. The plan should include the corrective measures to ensure continuity of business, and reporting to the authorised officials within the company and the Authority.
Chapter Two: Electronic Insurance Strategy & Risk Management
Responsibilities of the Board of Directors/ Mangers Committee
Article (4)
- The adoption of the electronic insurance strategy in the company and providing the necessary directives to the executive management to ensure the proper implementation thereof.
- The adoption of the risk management strategy related to electronic insurance, the development of the related internal supervisory controls, and supervising the executive management in the course of their implementation of these requirements.
Responsibilities of Executive Management
Article (5)
The Executive Management shall commit to the following: -
- Ensure that online insurance products and services are in line with the strategy adopted by the Board of Directors in this respect.
- Ensure that the level of risks arising from electronic insurance remains within the acceptable risk level stated in the risk strategy adopted by the Board of Directors or the Managers Committee, as the case may be.
- Take the necessary actions to implement the internal supervisory controls to minimize the risk of exploitation from inside and outside the Company.
- Ensure the availability of adequate expertise and resources for the business and sustain the electronic insurance system.
- Develop a written policy adopted by the Board of Directors that establishes a clear separation between the executive and the supervision powers of the electronic insurance and related risk management strategies, so as to determine persons and their powers to access and view the stored files and possibility to make changes to the data contained therein, as well as saving the logs that reflect any access and change to the data of those systems.
- Develop a policy for advertising and use of price comparison services, obtaining data, sharing data with InsureTech companies, electronic channels developers, manufacturers and suppliers.
Addition of Permitted Lines of Business
Article (6)
The company shall apply the resolutions in force and submit an application to obtain the Insurance Authority’s approval on the classes of insurance products that will be sold through its website and comply with the following conditions:
- The Company shall not sell insurance policies of persons and funds accumulation operations and life insurance products, if linked to investment instruments, through the Company's website or any other website.
- Subject to what is stipulated in paragraph (1) of the Article herein, the Company may sell life and personal insurance policies, which don’t require specific underwriting to each individual case.
- The Company and Insurance Related Professions may sell Liability and Property insurance products through their website, in the following lines:
- Health Insurance.
- Fire insurance and associated perils.
- Land vehicles and related liabilities.
- Personal accidents.
- Comprehensive household insurance.
- Travel insurance.
- Guarantee insurance and fidelity guarantee.
- Robbery and theft insurance.
- Glass insurance.
- Professional indemnity insurance including liabilities of those professionals in the fields of heath, engineering, finance, accountancy, law and other professions.
- Workman’s compensation and employer liability insurance.
- Agriculture and livestock insurance and insurances of other animals.
- Other insurances normally falling under miscellaneous accident insurance.
- Marine cargo insurance.
- Insurance related to housing loans, credit, personal loans, credit cards and similar perils such involuntary loss of employment and wallet insurance.
- Any other insurance that the Authority approves.
- The Company shall meet the requirements stipulated in Articles (3), (4) and (5) of in the Regulations herein.
Chapter Three: Website
Management of the Website
Article (7)
When managing the website, the Company shall comply with the following:
- The Company shall establish an IT department that shall be responsible for the managing of the official website.
- The Company shall obtain the Authority's prior approval before assigning the management of the website to any other party, and must verify the compliance of the contracting party with the provisions of the Regulations herein and related legislation.
- The Company shall appoint of a Communication Officer with the organization to which the management of the website was outsourced. The Communication Officer’s responsibility shall - include but not limited to - monitoring the contents of the website, responding to the enquiries and requests of customers, verifying that the other party is adhering to application of the outsource contract terms and conditions, verifying the commitment and adherence of the other party to the Regulation hereunder and other related legislation.
- Companies and related professions shall regularly conduct tests for Illegal Access and assessing vulnerabilities for the website or smart application to guarantee the soundness of such and to fill any potential gaps (if any).
- Compliance with cyber security standards and requirements issued by the Competent Authorities, to protect data, systems and networks issued by the Competent Authorities.
- Take the necessary measures, adhere to the data confidentiality of customer and visitor, adhere to the laws related to privacy as soon as they are issued, and put in place the necessary technical measures to prevent the leak of customer or visitor data, whether such thing happened intentionally or unintentionally.
Transparency and Disclosure
Article (8)
1- The Company or related profession shall comply to directly provide all necessary information to enter into a contract through its website, including the following as a minimum:
- Name of the Company or Related Professions that owns the website or the smart application.
- A Declaration to show the website or smart application belongs to the Company that is carrying the risk or it is one of the insurance Related Professions. In the latter case, it is mandatory to declare the name of the company that is carrying the insured risks.
- The Company or Related Profession ’s registration number with the Authority.
- Contact details through phone and by electronic means.
- An explanation on how to register a complaint so that procedures are clear.
2- The Company shall continuously update the data and information stipulated in Para (1) of this Article on its website or smart application.
Information Security and Integrity
Article (9)
1- The company shall maintain the confidentiality of the Electronic Information obtained through the website, and shall not disclose this information to any other party except by judicial or security order. Accordingly, the company shall establish the necessary procedures and controls to maintain the confidentiality of information.
2- The Company and Related Professions shall ensure the security and integrity of the information provided through its website, through applying the measures and criteria determined by the competent authorities in the state, including storing data inside the State and in the cloud.
3- The commitments of the Company and Related Professions and persons responsible of such for maintaining the confidentiality of Electronic Information pursuant to this Regulation shall remain in force and indefinite.
4- The Company and Insurance-related Professions shall protect the confidentiality of personal data and shall not share it with third parties, except within the scope of the provisions specified in this resolution. Further, the Company and Insurance-related Professions shall not disturb customers when promoting products by SMS or frequent emails, unless with prior approval of the Customer for that.
5- establish different levels of supervision and control of the electronic insurance operations carried out through its website as follows:
A. Application of the minimum security measures and procedures to prevent the alteration of content of the fixed information displayed on the website by unauthorized individuals.
B. Taking security measures and procedures to protect the shared Electronic Information with customers or visitors of the website from alteration, theft or illegal usage.
C. Application of measures and procedures and provision of the latest technologies and programs to ensure the security of the payment transactions carried out through the company's website, by using payment systems that are adopted and licensed by the Central Bank of the United Arab Emirates for paying the amounts of issuing or renewing the insurance policy.
6- The department responsible for the website shall supervise the design, implementation, follow - up and update the security system of the Company’s website.
7- The Company and Insurance-Related Professions shall establish the necessary measures to deal with emergency cases or disasters. They shall also maintain backup copies of all data and Electronic Information displayed or obtained through their website and shall establish a clear mechanism for restoring the website systems in case of failure of one or more elements of the automated system of the website.
8- Insurance companies and Insurance-Related Professions shall take the necessary measures to prevent any viruses from accessing devices, networks, and databases through which the data of customers or visitors to the website may be leaked, whether such thing happened intentionally or unintentionally. They shall also take the necessary measures to not use any storage tools, disks, software, or networks containing viruses, whether such thing happened intentionally or unintentionally.
Duties of the Companies and Related Professions
Article (10)
The Company and Related Professions shall make sure of the following:
- Verify its website or smart application's capacity to expand and absorb any additions that may arise in the future, such as the capacity of the website to handle any increase in the number of users, and the absorption of additional electronic insurance operations resulting from selling insurance policies or receiving claims and handling complaints.
- The website or smart application shall be made available for use on a 24 hours’ basis and throughout the year and the responsible department for the website shall supervise and ensure that. In the event that the website is subject to maintenance processes, these responsible departments shall ensure that maintenance period shall not exceed one working day as maximum. In case of failure to complete maintenance operations during this period, the company shall notify the Authority in writing of the reasons that led to the website failure and determine the expected period of time to reboot the website.
- Ensure that the electronic content on the website does not fall under any of the prohibited content categories.
- Ensure that the website does not violate any laws, regulations and legislation in force in the UAE.
- Ensure the collection and processing of the sensitive data of users in a secure manner (Including: using SSL techniques / Encryption to prevent illegal collection of usernames, credit card information and bank information).
- Ensure that servers and website systems are secure, the use of antivirus and malware software, and shall perform security audits according to the best practices of management and operations.
Pre-contract Phase
Article (11)
- The Company shall illustrate its website with a description of the nature of the products that the company sells and markets electronically, and with self-assessment tools which enable the Insurance Proposer to assess his insurance needs, and eventually enable him to make an informed decision to conclude the contract.
- The Company is committed to draw the attention of the Insurance Proposer to the following information in a timely manner during the purchase process and before concluding the contract:
- Nature of the product countering the insurance risk.
- Main benefits of the product.
- Options of the insurance product and the insurance coverage.
- Exclusions of coverage and restriction of the product.
- If there are waiting periods for specific covers.
- Total premiums, VAT and any other expenses, in an accurate and clear manner.
- Warning the Insurance Proposer of the consequences of providing incorrect data and information.
- Showing the outcome of cancelling the contract, in particular the manner premium refunds are calculated.
- Informing the Insurance Proposer about the importance of acquiring insurance consultancy from a licensed and registered Insurance Consultant.
Declarations of the Insurance Proposer
Article (12)
The Company, through its website is committed to use "step by step" approach for the disclosure of essential individual information (rather than providing information in full) to ensure that the Insurance Proposer acknowledges and signs the same, and that he has read the essential information related to the insurance application, and that he comprehends and understands legal consequences of his declaration.
Outsourcing of Electronic Insurance Operations
Article (13)
- The Company and Insurance -Related Professions, after satisfying the procedures set forth in the Regulations herein- when outsourcing the electronic insurance operations to other party, outsourcing the development, management or maintenance of its website or outsourcing any other operations related to its website, shall develop a special provision in the Outsourcing Contract thereunder the other party shall commit to apply the provisions of the Regulations herein, the code of professional practice issued by the Insurance Authority, and other related legislation. The Company and Insurance-Related Professions shall remain accountable to the IA.
- It is permissible to execute contracts through electronic automated means, including two or more electronic information systems that are prepared and programmed to do such in advance. The contracting shall be valid and has legal ground0s, even if no direct personal interference was done in the process of executing the contract between these systems.
- It is permissible to enter into a contract through an electronic automated system in the possession of a Company and Related Professions and other party, provided the other party knows or is expected to know that the system will automatically handle entering and executing the contract.
- The Company and Related Professions, that wish to sell their insurance products through a website owned by other party licensed for this purpose, shall obtain the prior approval of the Insurance Authority. The Company and Related Professions shall verify that the website of the other party meets the following conditions:
- If the other party's website is used to sell the insurance products of other companies, each insurance product must be clearly linked to the company providing it.
- The website shall include all the information and data that need to be disclosed by the company, such as; the Company name, address, license status, classes of insurance activities, channels of communication with the Company.
- The Website of the other party shall clarify the role of this party, its obligations towards customers such as the insured and whether this party is a broker or insurance agent licensed by the Insurance Authority or any other authority.
Advertising and Marketing
Article (14)
The Company and Insurance-Related Professions or the party outsourced to perform the business related to the company’s website, when conducting advertisement and promotion of the electronic operations shall comply with the provisions of the code of professional practice, and must obtain the prior written approval of the Insurance Authority.
Chapter Four: Price Comparison Websites
Article (15)
- Insurance Companies and Insurance-Related Professions are prohibited from dealing with Price Comparison Websites, except for Insurance Brokers.
- In the event that the company deals with an Insurance Broker that deals with Price Comparison Websites, the company shall abide by the prices and coverage that appears on the Price Comparison Websites.
- When dealing with Price Comparison Websites, Insurance Brokers are obliged to do the following:
a. Not to deal with websites not registered with the Authority.
b. Providing the Authority with a copy of the agreement signed between the Insurance Broker and the owner of the Price Comparison Website, containing the terms and conditions, including not allowing them to issue or market any kind of insurance policies, and that the service provided by the website is to compare prices only and that the right to communicate with customers is limited to the Insurance Broker. The Insurance Broker shall also refrain from granting price comparison websites any authority to issue an insurance certificate. The agreement shall also indicate the amount of the allowance received by the Price Comparison Website which must be as a referral allowance in the form of a lump sum only.
- The Price Comparison Websites that handle insurance, for the purposes of registration, shall satisfy the following:
a. To be a company registered in the State according to the Commercial Companies Law or one of the financial free zones in the State.
b. Submit a registration application to the Authority in accordance with the approved regulations.
c. Providing the Authority with a copy of the agreement concluded with the Insurance Broker, provided that it includes referral fees for Price Comparison Websites provided that they are in the form of lump sums and it is prohibited to charge a commission for the services they provide.
d. To have one of the goals of the company in its memorandum of incorporation is to provide a service for comparing insurance premium rates.
e. Insofar as the issue relates to insurance, the company should not extend its work on anything other than providing premium comparison services.
f. Not to engage in the activity of the Insurance Agent, insurance Broker, or any other insurance-related professions, or carry out insurance underwriting operations or receive insurance premiums.
g. The Website clearly and explicitly and legibly included that the website only provides insurance policy price comparison services.
h. Refrain from maintaining, storing or copying any electronic data or information related to potential clients or clients and such information must be transferred electronically to the company in question without making copies thereof.
i. Submit an undertaking to the Authority to abide by Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and organization of Insurance Operations, the amendments thereof, its regulations, instructions, decisions and circulars issued pursuant thereto.
j. Designating an employee who is concerned with communicating with the Authority, and providing the Authority with his contact information and updating it periodically.
- Price Comparison Websites must apply to renew the registration annually, including the following: -
a. A list of the brokers contracted with during the year.
b. Any changes to the agreement concluded with the Broker.
c. A statement of the revenues generated by the Brokers.
d. A list of the insurance lines that are compared.
e. Any matters decided by the IA.
- Price Comparison Websites are prohibited from communicating with the customer, and communication shall only be made through an Insurance Broker.
- The provisions of the Regulations herein shall be applied to Price Comparison Websites, to the extent that they are applied to them, and according to what is decided by the Authority in this regard.
- In the event that any of the violations of the Price Comparison Websites are proven according to evidence available to the IA or the Competent Authorities, the IA may take any of the following measures and penalties:
a. Warning the Price Comparison Website to take appropriate measures to rectify its conditions during a specific period.
b. In the event that the conditions are not rectified within the specified period, the Price Comparison Website is prohibited from dealing with the Insurance Broker for a period not exceeding six months.
c. In the event of repeating the violation, the website shall be blocked for a temporary period in coordination with the Competent Authorities, or the website shall be completely blocked, according to the discretion of the IA.
Chapter Five: Selling and Marketing Insurance Policies
Identifying the Customer
Article (16)
- The Company and the Insurance Agent, prior to selling or issuing any insurance policy through its website, shall verify the identity of its customers and the documents submitted by them and develop the necessary procedures in this regard. The Insurance Broker shall comply with the aforementioned rules when issuing the insurance certificate.
- The Company and the Insurance Agent shall apply what is included in the legislations of anti- money laundering, combating the financing of terrorism and financing illegal organizations crimes, and they must inform the Competent Authority in accordance with electronic regulations or other approved means for any suspected activities that take place through its website.
- The Company, Insurance Related Professions and Insurance Agent shall maintain proper records of customers’ documents and identities obtained through its website for a period of at least 10 years.
- The Company, Insurance-Related Professions and Insurance Agent shall establish an electronic account for each customer and shall develop the following procedures to protect the customer's account:
- Change the password of the customer's account periodically.
- Request to re-enter the password after lapse of a fixed period of inactivity.
- Validate the customer's email address by sending a verification link (activation).
- A unified policy approved by the company’s board of directors, which includes insuring the insurer has two factors upon logging in.
Rules of Selling the Insurance Policy
Article (17)
- The Company and Insurance Agent shall issue dated electronic insurance policies and the issued electronic version shall include all the contents of the policy, including the insurance application, policy terms, limits of coverage and the annexes. They shall provide the customer with a copy of the entire policy in all available ways and means. Additionally, they must provide the customer with a thorough electronic copy of the policy in (PDF) format, which shall be sent by e-mail or other electronic means as soon as they are issued. The commencement date of and expiry date of the insurance coverage shall be clearly stated in the policy. The Insurance Broker shall comply with the aforementioned rules when issuing the insurance certificate.
- The Company and Insurance Agent shall enable the customer to view, print and download a complete electronic copy of the policy through his electronic account on the Company's website at any time. In the event that the format of the electronic policy requires the use of special software, the company shall provide the necessary software on its website.
- The Company and Insurance Agent shall provide the customer at his request with a paper copy of the insurance policy issued electronically signed and stamped by the Company or any other document directly related to this policy through its branches or its agent’s branches, or by sending it by registered mail within a period not exceeding seven working days from the date of customer application.
- The Company and Insurance Agent shall provide the Insurance Authority with the electronic websites addresses through which the insurance policies will be sold, or through the Agent or the Broker.
Payment of the Due Premiums
Article (18)
The payment of electronic policies premiums may be paid by the applicable electronic means of payment, including direct debit from a bank account or credit card payment and other payment methods adopted by the Central Bank of the United Arab Emirates.
Post-sale Provisions - Services
Article (19)
- The Company and the Insurance Agent –as case may be - shall abide by all legislations in force related to the electronic operations in the State, when selling any insurance policy through its website. The Insurance Broker shall comply with the aforementioned rules when issuing the insurance certificate.
- The Company, The Insurance Agent and the Insurance Broker shall develop clear procedures for the cancellation of the policy through their website.
Article (20)
- The Company and Insurance Agent shall communicate with the customer by using at least two means of communication preferred by the customer, such as; E -mail, registered mail, SMS and telephone.
- The Company and Insurance-Related Professions, when sending notification or announcement to more than one customer by E - mail or any other means of communication, shall verify and ensure that the notification or announcement does not contain any personal information relating to any customer and in a way that prevents the recipients of the notification or announcement to identify the identity of any other recipient.
- The Company, the Insurance Agent and the Insurance Broker, when issuing the insurance policy through their website, shall provide a special section for post sales services on the website, whereby the customer can perform any of the following operations:
A. Render any additional services related to the valid policy.
B. Demand to Make any amendments to the policy, such as; addition, renewal or cancellation.
C. Verify the status of the policy (valid, expired or cancelled).
D. Know the date of commencement of the insurance coverage, the expiry date, insurance amount and insurance policy number.
E. View the premiums schedule.
F. View the paid premiums, payment dates and amounts.
- The Company, the Insurance Agent and the Insurance Broker shall inform the customer one month at least before the expiry date of the insurance policy
to enable the customer to renew the policy or obtain insurance coverage from another company. The Customer shall be informed through all the available means of communication referred to in Para (1) of the Article herein.
Registering Complaints and Claims
Article (21)
Without prejudice to the provisions of the Code of Professional Practice and the legislations in force, the Company, the Insurance Agent and the Insurance Broker shall provide through their website, all the information necessary to the customer or the third party (the injured third party) to lodge complaints and follow - up their status. The information shall include the following as a minimum:
- Complaint/Claims Forms.
- Contact details of the concerned department for receiving complaints in the Company, the Insurance Agent and the Insurance Broker.
- Available communication channels to inquire about complaints (e¬mail, fax, phone, postal address).
- A general description of complaints handling procedures, including the estimated time to address a complaint.
- The Company and the Insurance Agent are obliged to provide a written response to the claim, whether by accepting the claim or part of it or rejecting the claim in full, with an explanation of the reason.
- Contact information of Customer Happiness Department in the Insurance Authority.
Claims Handling
Article (22)
1. The company shall provide electronic claim forms for submitting claims and uploading electronic copies of the claim documents. After accepting the electronic claim, the company shall provide the claimant with a reference number of his claim.
2. Before reimbursement of the claim submitted online, the Company may require the original claim documents from the claimant to match them and verify their validity.
Chapter Six: Final Provisions
Supervision and Inspection
Article (23)
1. The Insurance Authority shall supervise and conduct periodical or challenge inspections in order to ensure compliance with the legislation issued by the Authority and to verify any irregularities resulting from the inspection or contained in the complaints received by the Authority.
2. The Insurance Authority may request all information and documents for the purposes of supervision and auditing.
Violations and Penalties
Article (24)
- If it was substantiated by evidence to the Authority and any other competent authorities, that the Company, Insurance Agent or Insurance Broker committed a violation, then the Authority may take one of the following actions and penalties:
a. Warning that appropriate measures shall be taken to rectify conditions within a specified period.
b. Suspend the electronic system for a period not exceeding six months in cooperation with the related Competent Authorities, and in case of repeating the violation, the period of suspension shall be doubled, and the public shall be notified of such by an announcement which shall be published by the Insurance Authority on its website or any other means.
c. In case of failure to rectify conditions within the specific period, a decision to cancel the approval granted shall be taken, and all Insurance Companies, Agents, Brokers and competent authorities shall be informed of the decision and the public shall be informed by an announcement published by the Insurance Authority on its website. d. In the event the approval granted is cancelled pursuant to the provision of the Article herein, the entity against which the decision was issued may not submit a new application for approval before the lapse of one year from the date of issuing the cancellation decision. - Websites that carry out insurance operations inside the State without obtaining a required license by the IA shall be blocked, in coordination with the Competent Authorities in the state.
- If it was substantiated by evidence to the Authority and any other competent authorities, that the Company, Insurance Agent or Insurance Broker committed a violation, then the Authority may take one of the following actions and penalties:
Grievance
Article (25)
The decision issued by the Authority according to Article (24) of the Regulations herein may be appealed within (20) days from the date of notification thereof. The appeal request shall be submitted to the IA’s Board of Directors to decide within (60) working days of submitting the complete request, and the decision of the Board on such appeal shall be final.
Final Provisions
Article (26)
Insurance Companies and Insurance Related Professions registered by the Authority shall rectify their conditions pursuant to the provision of the Regulations herein within six months from their entry into force.
Article (27)
The Director General shall issue the decisions and circulars necessary to implement the provisions of the Regulations herein.
Article (28)
These Regulations shall be published in the Official Gazette and shall come into force as from the following day of its publication.
Insurance Authority Board of Directors Resolution No. (11) of 2016 Concerning the Revision of the Pricing Policy Applied by a Company in the Classes of Property and Liability Insurance
Effective from 20/4/2016The Chairman of the Board of Directors of the Insurance Authority, having perused:
- The Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations, as amended and its Implementing Regulations;
- The Board of Directors Resolution No. (25) of 2014 concerning the Financial Regulations for Insurance Companies;
- And on the Board of Directors Resolution No. (26) of 2014 concerning the Financial Regulations for Takaful Insurance Companies;
- The Board of Directors Resolution No. (3) of 2010 concerning the Rules of Practice and Ethics to be followed by the insurance companies operating in the State; and
- Based on the recommendation of the Director General of the Authority, and the approval of the Board of Directors,
Has resolved:
Article (1)
Insurance companies that transact the business of property and liability insurance as detailed in Article (5) of the Implementing Regulations No. (2) of 2009 of the Federal Law No. (6) of 2007 concerning the Establishment of the Insurance Authority and Organization of its Operations shall comply with the following:
- Revise the pricing policy applied by the company in the classes of insurance provided for in Article (5) of the Implementing Regulations, explain the principles and rules adopted in setting the prices, assess such policy and submit proposals for the amendment thereof, if necessary, by an Actuary licensed and registered with the Insurance Authority.
- The company must review and assess its pricing policy twice in each fiscal year of the company. The first revision shall be made by the end of the first half of the year, and the second revision at the end of December.
- Revise the pricing policy applied by the company in the classes of insurance provided for in Article (5) of the Implementing Regulations, explain the principles and rules adopted in setting the prices, assess such policy and submit proposals for the amendment thereof, if necessary, by an Actuary licensed and registered with the Insurance Authority.
Article (2)
The report of the Actuary on the revision and assessment of the pricing policy of the company shall include the following as a minimum:
- Determine the adequacy of the risk factors taken into account when setting the prices.
- Determine and examine the adequacy of the ratios of general and administrative expense, ratios of re-insurance expenses, expenses and other expenses of third party administrators taken into account within the prices.
- Disclose the specific profit margin in the price.
- Assess the process used in taking into account the claims’ history when setting the prices and disclosing the expected inflation ratios, in addition to determining the process of establishing the provision for the incurred but not reported claims.
- Assess the availability of the necessary controls in the pricing tools used.
- Examine the adequacy of the prices of each insurance product separately.
- Assess the impact of the pricing policy of the company on its financial position.
- Assess the appropriateness of the pricing policy of the company to protect the rights of policyholders and pay off the due compensations.
- Any other items which the Actuary deems necessary to perform his functions.
- Determine the adequacy of the risk factors taken into account when setting the prices.
Article (3)
- The Actuary must submit his report to both the Insurance Authority, the company’s Board of Directors and management within 15 days from the date of its preparation.
- The management of the company must provide the Insurance Authority and the company’s Board of Directors with its views concerning the comments and suggestions contained in the Actuarial Report within 20 working days from the date of its submission.
- The company's management shall provide the Insurance Authority with a copy of the company's Board of Directors decision concerning the Actuarial Report within five working days from the date of its issuance.
- The Actuary must submit his report to both the Insurance Authority, the company’s Board of Directors and management within 15 days from the date of its preparation.
Article (4)
If required, the other provisions and requirements set forth in the Financial Instructions for Insurance Companies concerning the Actuarial Report shall be adhered to.
Article (5)
The Director General may require the company to take corrective measures to ensure the adequacy and fairness of price and their appropriateness to the risks covered and so as to maintain the integrity of the financial position of the company and protect the rights of policyholders from exposure to risk.
Article (6)
The Director General of the Authority shall issue the necessary decisions and circulars to implement the provisions of these Instructions.
Article (7)
This Resolution shall be published in the Official Gazette and shall be effective immediately upon issuance.