Insurance Legal Composition Lyst1732182702092
Insurance Legal Composition Lyst1732182702092
Insurance Legal Composition Lyst1732182702092
Part 1 - Insurance
c. Legal foundations of insurance, basics in Group/Health Insurance/Pensions;
Intermediation: role in mobilizing savings, evolution of various types and Bancassurance
in India;
Following the recommendations of the Malhotra Committee report, in 1999, the Insurance
Regulatory and Development Authority (IRDA) was constituted as an autonomous body to
regulate and develop the insurance industry. The IRDA was incorporated as a statutory
body in April, 2000. The key objectives of the IRDA include promotion of competition so
as to enhance customer satisfaction through increased consumer choice and lower
premiums, while ensuring the financial security of the insurance market. The IRDA
opened up the market in August 2000 with the invitation for application for registrations.
Foreign companies were allowed ownership of up to 26%. The Authority has the power to
frame regulations under Section 114A of the Insurance Act, 1938 and has from 2000
onwards framed various regulations ranging from registration of companies for carrying
on insurance business to protection of policyholders’ interests.
In December, 2000, the subsidiaries of the General Insurance Corporation of India were
restructured as independent companies and at the same time GIC was converted into a
national re-insurer. Parliament passed a bill de-linking the four subsidiaries from GIC in
July, 2002.Today there are 24 general insurance companies including the ECGC and
Agriculture Insurance Corporation of India and 23 life insurance companies operating in
the country.
Beside IRDA Act and Insurance Act, 1938, there are some common Act/Regulation to the
General and Life Insurance Business in India and some Acts have been made for specific
requirement of Life Insurance/General Insurance.
As per the section 4 of IRDAI Act' 1999, Insurance Regulatory and Development Authority
of India (IRDAI, which was constituted by an act of parliament) specify the composition of
Authority. The IRDA Act also carried out a series of amendments to the Act of1938 and
conferred the powers of the Controller of Insurance on the IRDA. The members of the IRDA
are appointed by the Central Government from amongst persons of ability, integrity and
standing who have knowledge or experience in life insurance, general insurance, actuarial
science, finance, economics, law, accountancy, administration etc. Every Chairperson and
member of IRDA appointed shall hold office for a term of five years. However,
Power/Function of IRDA:
Under Section 14 of the IRDA Act, IRDA has the following powers:
The Insurance Act, 1938, broadly provides the ground rules for the operating insurance
companies in India. The Act provides for the following:
The Insurance Act is the parent legislation which aimed at consolidating and amending
the law relating to the business of insurance in February 1938, when, during the British
Rule in India, there were many insurance companies which were operating. The Insurance
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Act, 1938, broadly provides the ground rules for the operating insurance companies in
India.
The Insurance Act, 1938 has been segregated into five parts:
Further the capital of an insurance company shall consist of only Equity Share capital
and no other forms of capital are allowed. All the equity shares shall have a single face
value. Further, notwithstanding the provisions contained in the Companies Act, 1956, the
voting rights on equity shares shall be strictly in proportion to the paid up amount of the
equity shares held.
(d) Accounts, Audit and Actuarial report and Abstract (Sections 10, 11, 12):
Section 10 requires Separate books of account are required to be maintained for each
class of business. Since separate companies will have to be formed for Life, Non-Life or
Reinsurance, this provision is automatically taken care for formation of separate
companies and consequent maintenance of separate books of account. Further a separate
fund called Life insurance fund shall be formed, the assets of which shall be separate and
distinct from all other assets of the insurer.
Under Section 11, IRDA have framed Regulations for Financial Statements which
provides for forms of Revenue Account, Profit and Loss Account and Balance Sheet along
with the form of Management Report and some of the documents annexed to the financial
statements. The accounts and the statements referred to in Section 11 shall be signed by
the Chairman of the Board of the Insurance company and two other Directors, the
Principal Officer of the Company (CEO or Managing Director).
Section 12 provides for audit of the financial statements shall be audited by an auditor.
Minimum insurance business under Rural and Social Sectors: Section 32B and 32C
requires every insurer to undertake such minimum percentage of the insurance business
for covering risks associated with persons forming part of rural or social sector, workers
in the unorganized or informal sector or economically vulnerable or backward classes of
society or such classes as prescribed by IRDA.
40B. Limitation of expenses of management in life insurance business. —No insurer shall,
in respect of insurance business transacted by him in India, spend as expenses of
management in any financial year any amount exceeding the amount as may be specified
by the regulations made under this Act
Note- In terms of Section 2(f) of IRDA Act, 1999, the term Intermediary or Insurance
Intermediary includes insurance brokers, reinsurance brokers, insurance consultants,
surveyors and loss assessors.
Section 52A empowers IRDA to make a report to Central Government if the affairs of a Life
insurance Company are carried on in any manner prejudicial to the interests of
policyholders. Based on the Report, the Central Government is empowered to appoint an
Administrator to manage the affairs of the life insurance company.
Section 52H empowers Central Government to acquire the undertaking of any insurer
based on a report from IRDA on failure to comply with directions or if the insurance
company is being managed in a manner detrimental to the public interest or in the
interests of public or policyholders it is appropriate to do so.
Section 53 empowers the Tribunal to order for winding up in accordance with the
Companies Act, 1956
Section 54 of the Act prohibits voluntary winding up of insurance companies, except for
the purpose of effecting an amalgamation or reconstruction of the company or on the
ground that by reason of its liabilities it cannot continue its business.
An appeal against the Tribunal formed under the Insurance Act shall lie with the National
Company Law Appellate Tribunal.
Section 64VC requires every insurance company to take a approval in advance in IRDA
for opening any place of business or for relocation of an existing place of business outside
the same city, town or village. The approval is required to be sought for opening of any
offices, whether called as Branch office, Head Office, Administrative office, Satellite office
or any other similar names.
Powers of IRDA for imposition of penalties for default in complying with the Act
(Section 102):
Section 102 empowers IRDA to impose a penalty not exceeding Rupees five lakhs for each
of the following failures by an insurance company:
(a) Failure to furnish any document, statement, account, return or report to IRDA
(b) Failure to comply with the directions (Section 34 empowers IRDA to issue directions if
it is satisfied to do so in the interests of public or for prevention of affairs being conducted
detrimental to policyholders or to secure proper management of any insurer).
(c) Failure to maintain the required solvency margin
(d) Failure to comply with the directions on the insurance treaties.
Before discussing the IRDA regulations and guidelines relating to licensing, audit and
supervision, we need to understand that there are many participants in Insurance
business namely:
A. Insurance Companies
B. Corporate Brokers
C. Individual Agents
D. Insurance Surveyors and Loss Assessors
E. Third Party Administrators
Preference shares of any company which has paid dividends on its equity shares for at
least two consecutive years immediately preceding.
Note: No investment shall be made in IPO if the size of the issue of Equity Shares through
IPO, including offer for sale, is less than Rs.200 Crores.
Mutual Funds:
Under the provisions of the Act, a Scheme of amalgamation or transfer is possible only
between two life insurance companies or two general insurance companies, It is not
possible for a life insurance company to be acquired by a general insurance company or
vice versa, since separate insurance companies are required to be formed for transacting
life and general insurance businesses.
1. Where the insurance company has acceded to customer’s grievance, upon acceding to
the request of the customer.
2. Where the insurance company rejects the customer’s grievance, upon receipt of a
communication from customer accepting the company’s resolution.
3. Where the insurance company rejects the customer’s grievance and the customer does
not respond within 8 weeks of receipt of resolution, upon completion of the 8 weeks.
4. In all the above instances, the Grievance Redressal Officer shall certify that the
Insurance company has discharged its contractual, statutory or regulatory obligations.
Every insurance company shall publish the Grievance Redressal Procedure in the website
of the insurance company. The Policyholders Protection Committee of the Insurance
Company shall receive reports concerning Grievances and shall monitor the process of
handling grievances.
IRDA (Obligations of Insurers to Rural and Social Sectors) Regulations, 2000 provides
that every insurance company is required to undertake a minimum percentage of
business providing insurance coverage to persons residing in rural areas and providing
coverage to persons who are engaged in social sector.
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Rural areas have been defined as those places which have been classified as rural areas
as per the latest census. The obligations of insurers under Rural Sector is calculated as a
percentage of the total number of policies sold by an insurance company and is dependent
on the age of the insurance company as follows:
The number of lives required to be covered under this sector as follows: (As per IRDAI
(Rural, Social Sector and Motor Third Party Obligations) Regulations, 2024)
Rural Areas
Life Insurer:
Health Insurance (General Insurers including SAHI other than AIC and ECGC)
Social Sector (In respect of all Insurers (Life, General and Standalone Health,
excluding AIC and ECGC)
As per the Regulations, the sum assured under an Insurance product offering Life or
pension or Health benefits shall not exceed an amount of Rs 200000.
As per the Regulations, Micro Insurance Agent means the following entities or individuals
who are appointed as Micro Insurance Agents in accordance to the regulations
The Insurance Act 1938: This Act was passed in 1938 and was brought into force from
1st July, 1939. This act applies to the GIC and the four subsidiaries. The act was amended
several times in the years 1950, 1968, 1988, 1999. This Act specifies the restrictions and
limitations applicable as specified by the Central Government under powers conferred by
section 35 of the General Insurance Business (Nationalization) Act. The important
provisions of the Act relate to:
Powers of Investigation: The Central Government may at any time direct the Controller
or any other person by order, to investigate the affairs of any insurer and report to the
central government.
Other Provisions: Other provisions of the Act deal with the licensing of agents, surveyors,
advance payment of premium and Tariff Advisory Committee (TAC).
• Prohibition of rebates
• Powers of investigation
• Licensing of agents
• Advance payments of premiums
• Tariff Advisory Committee
Public Liability Insurance Act in 1991: Very often we can notice members of the public
are affected because of major accidents in establishments. This Act provides for mandatory
public liability insurance for installations handling hazardous substances to provide
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minimum relief to victims of accidents, other than employees. For example, the Bhopal
Gas Tragedy, which arose on account of leakage of the methyl isocynate gas from the
Union Carbide plant in Bhopal on 2 & 3 December 1984, resulting into a liability of US$
470 million for Union Carbide. In a way, this incident led to the enactment of Public
Liability Insurance Act in 1991.The Act imposes no fault liability, i.e. irrespective of any
wrongful act, neglect or default on the owner to pay relief in the event of (a) death of or
injury to any person (other than workman) or (b) damage to property of any person arising
out of accident while handling any hazardous substance. No fault liability means that the
claimant is not required to prove that the death, injury or damage was due to any wrongful
act, neglect or default of any person.
Individual insurance is a contract between the individual and the insurance company,
called the insurer. The decision to insure is voluntary and the terms on which the
insurance age cover is granted, depend upon the appraisal of risk in respect of the
individual by the insurer.
Group insurance, on the other hand, is one contract covering a group of lives. The terms
of the contract of insurance cover depend upon the characteristics of the group as a whole.
A master policy is issued as evidence of contract between the insurance company and
another legal entity, which may be an employer, trustees, or an association. The master
policy defines the group of lives to be covered, benefit it confers, the amount of contribution
to be paid and other conditions and privileges of the participating group members.
Professional group:
These may be association of professionals like doctors, lawyers, accountants, engineers,
journalists, pilots, insurance agents etc.
Other groups:
There may be other forms of groups which may be considered eligible for group insurance,
i.e. cooperative societies, welfare funds, members of resident society, bank depositors etc.
The group should have a reliable identity and should have been formed for some purpose
other than group insurance. Now days, many nodal agencies, such as central and state
government departments and welfare organizations are being allowed to take group
insurance schemes covering some specific groups of weaker sections of the society.
Examples of such schemes are the Landless Agricultural Labourers Group Insurance
Scheme (LALGI) implemented through the state governments, IRDP Loaner’s Group
GROUP SAVINGS LINKED INSURANCE SCHEME: The Central and State Governments
had formulated an insurance-cum-savings scheme nomenclature. Group Insurance
Scheme for the benefit of Central & State Government employees. However the employees
of Public Sector, Quasi Govt. Undertakings, Universities, autonomous bodies such as
Municipalities, Zilla Parishads etc. were not covered under the Govt. Scheme. The Life
Insurance Corporation of India designed the Group Saving Linked Insurance Scheme for
the above sectors as
detailed below:-
Objectives of the scheme:
Inculcate saving habits so that nominal amount compulsorily set aside during the service
period grows into a sizeable fund of savings and accrued interest compounding yearly,
which on retirement acts as a cushion for financial security.
In the event of untimely death during service period, the insurance amount with
accumulated saving assist the bereaved family to tide over the financial crisis.
Premium: It is decided on the basis of group size and the occupation of the group.
Premium has two components i.e. Risk Premium and Savings Premium. Risk Premium is
utilized to offer life cover and the Savings Premium is accumulated in members account.
Tax benefit: Total monthly contribution entitled to Income Tax rebate under
Section 80C. Receipts of saving accumulation/insurance amount are tax free.
Other conditions:
Membership: 75% of total staff strength or minimum 25 whichever is more.
Insurability condition : Not absent from duty on grounds of medical/ sick leave at the
time of introduction of the scheme.
Payment of premium: Monthly contribution to be deducted from salary and remitted by
the employer.
GROUP INSURANCE SCHEME IN LIEU OF EDLI: All employees to whom the Employee's
Provident Fund and Miscellaneous Provision Act , 1952 applies, have a Statutory liability
to subscribe to Employee's Deposit Linked Insurance Scheme, 1976 to provide for the
benefit of Life insurance to all their employees. EDLI or employee deposit linked scheme is
an insurance policy to give life cover to the employees of organized sector. It is a group
term insurance. The family of employee gets the sum assured if an employee dies during
the service period. The scheme is applicable to all the organization which are part of the
EPF. The term and condition of this scheme is set by the employees provident fund
organization.
Similarly, the government has also launched many social security schemes for
the unorganised sector. For example, Atal Pension yojana, Pradhan Mantri Jeevan Jyoti
Bima Yojana, Pradhan Mantri Jan Suraksha yojana, PPF account are such schemes.
How To Subscribe EDLI: Employee deposit linked insurance scheme is clubbed with the
employee provident fund scheme and employee pension scheme. An employee has to
subscribe these three schemes altogether. The subscription to EDLI is automatic with
employee provident fund scheme. It is the responsibility of the employer to get its
employee subscribed for the EPF schemes. An employee can’t selectively choose a scheme
among these three. He/she has to subscribe all the three schemes. These schemes can be
transferred with the change in job.
Rules of EDLI:
Employee Deposit linked insurance scheme is a comprehensive group term insurance. It
covers the death of employee irrespective of the cause.
Every employee who is the member of Provident fund gets covered under EDLI.
The coverage is for 24 hours. It is not related to the working hours.
The coverage is for the whole earth. Being at the workplace is not necessary.
There are no exclusions under this policy.
The insurance coverage is linked to the pay of the employee.
The coverage and premium is similar to every employee. Age or any individual factor
does not make any effect.
The Insurance Claim Amount: The claim amount of the EDLI is decided by the last drawn
salary of the employee. The claim amount would be the 35 times of the salary. Along
with this, you would also get a bonus. This bonus would be 50% of the balance in your
EPF account. The maximum bonus would be Rs 1.75 lakh. The maximum sum insured
would be Rs 7 lacs. For this calculation salary is ‘basic pay plus DA’.
3. Eligibility : For Group Insurance Scheme in lieu of EDLIS the insurability condition is
that the employee should be a member of the Provident Fund Scheme of the employer. For
other GI Schemes of employer-employee groups the insurability condition is that the
member should not be absent on ground of sickness on the entry date. For all non-
employer-employee Group Schemes the basic insurability condition is that the member
should be in good health on the date of entry.
Only one master policy will be issued to the Manager of the group and will be in the
name of the group (eg: the association)
You are entitled to get a certificate of insurance if you participate in a non employer-
employee group policy for your records.
A feature which is sometimes common in group insurance is that the premium cost on an
individual basis is not individually risk-based. Instead it is the same amount for all the
insured persons in the group.
No Group Health Insurance Policy shall be issued by any Insurer where a Group is formed
with the main purpose of availing itself of insurance. There shall be a clearly evident
relationship as specified by the Authority from time to time between the members of the
group and the group policy holder.
The Group shall have a size as determined by the Insurer which shall be applicable for all
its group policies, subject to a minimum of 7, to be eligible for issuance of a Group
Insurance Policy. Further, Insurer shall follow the Guidelines specified by the Authority
on Group Insurance, from time to time.
A pension scheme is quite simply an arrangement that provides for payments to be made
to a worker on retirement from paid work, or to his/her dependants in the event of death.
(i) Benefit purchase (Defined Benefit) Scheme, where the amount of pension and other
benefits are defined in the Rules of the scheme and the contribution required to finance
the benefits are determined after actuarial valuation.
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(ii) Money purchase (Defined Contribution) Scheme, where the contribution rates or
amounts in respect of the members are defined in the Rules of the scheme. Ultimate
benefits will depend upon accumulation of the contribution actually made from time to
time.
Benefits to the employer
Retain key personnel.
Attract better talent for organizational growth.
Extend tax free perquisites to employees and win their loyalty and boost their morale.
Employers get 100% tax benefits on contributions to superannuation fund.
High Return on contribution.
Other Features: Apart from retirement pensions, defined benefit schemes usually include
the option for the retiring employee to exchange some of his/her pension for a lump sum.
Lump sum benefits for dependants on death are common features. Many schemes also
provide pensions payable to spouses and/or other dependants. Lump sums are payable
income tax free and are often expressed as a multiple of salary.
How Is The Contribution Fixed?
Generally, the employer‘s contribution is decided in advance by the employer. Employee
contributions will be in addition to the employer‘s fixed rate of contribution.
Pensionable service:
This will be defined in the rules of the scheme. It may be service as an employee, or service
as a member of the scheme. It may be expressed in complete years, years and months or
even years and days. It may be continuous, or could include periods of broken service.
Service with other companies in a group may also be included.
Pensionable Salary:
This is the part of your salary which is taken into account for pension purposes. It could
be your gross annual pay but is usually something lower than that. The usual starting
point for calculating this is basic salary. It may be that salary taken at
the date of your retirement or at some date close to that, or it could be an average over
several years.
Retirement Benefits
Benefits payable in lump sum form on retirement (up to certain limits)are not subject to
income tax.
Death Benefits
Similarly, benefits which are allowed to be paid in lump sum form on the death of a
member are not subject to income tax. The rules of the majority of pension schemes specify
that the lump sum death in service benefits are payable to a broad category of dependants.
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These will normally include a member‘s wife or husband and children under 18. The
trustees may give you the option of completing a form of nomination of dependants.
Dependants’ Pensions: The scheme rules will provide for specific dependants pensions
to be paid on your death after retirement. These benefits may be payable immediately on
the death of a pensioner.
Intermediaries are institutions that intermediate between ultimate lenders and ultimate
borrowers. Funds flow from ultimate lenders to ultimate borrowers either directly or
indirectly through financial institutions. FIs are commercial banks, cooperative credit
societies and banks, mutual savings banks, mutual funds, savings and loan associations,
building societies and housing loan associations, insurance companies, merchant banks,
unit trusts, and other financial institutions.
Financial intermediaries transmute funds between savers who lend and investors who
borrow. They mobilize savings and channel them into the hands of investors who need
more funds than they have on hand. In other words, they are conduits through which
savers can lend their excess funds to investors.
FIs are commercial banks, cooperative societies and banks, mutual savings banks, mutual
funds, savings and loan associations, insurance companies, merchant banks, unit trusts,
and other types of financial institutions. They act as middlemen by transferring funds
from savers to investors.
By lending their surplus funds, savers stand to gain because they earn interest or dividend
on their funds. On the other hand, investors stand to benefit when they borrow to carry
out their investment plans. Without financial intermediaries, savers would hoard their
surplus funds, and investors (borrowers) would not carry out their investment plans
except those who can finance internally.
The essential function of FIs is to satisfy simultaneously the portfolio preference of both
savers and investors. Savers are ultimate lenders whose assets are bank deposits,
insurance policies, pensions, etc. Investors are ultimate borrowers or non-financial units
who wish to expand their holdings of such real assets as inventories, real estate, plant
and equipment, etc. They finance these by issuing primary securities which are bonds,
corporate equities, debts of individuals and businesses, mortgages, bills, etc. These are
their liabilities.
Savers deposit funds with FIs instead of directly purchasing bonds, mortgages or equities,
and FIs, in turn, lend funds to ultimate borrowers. FIs acquire primary securities issued
by ultimate borrowers, and in turn, issue their own secondary securities for the portfolio
of ultimate lenders (savers).
In other words, investors sell securities to banks and receive newly created demand
deposits in return in banks. These deposits are then spent on current output and
ultimately accrue to the savers in the community as financial assets. Investors also sell
securities to non-bank financial intermediaries. These, in turn, sell claim on themselves
to the savers.
Saving involves refraining from present consumption. The investment can take place only
when there are savings. The relationship between saving, investment and growth of GDP
can be explained as:
G = S / K. Where G – Rate of GDP growth, S – Saving Ratio and K – Capital output ratio.
Insurance companies lead to economic development by mobilizing savings and investing
them into productive activities. Indian insurance companies are able to mobilize long-term
savings to support economic growth and also facilitate economic development by providing
insurance cover to a large segment of our people as well as to business enterprise
throughout India.
This is a system in which a bank has a corporate agency with one insurance company to
sell its products. By selling insurance policies bank earns a revenue stream apart from
interest. It is called as fee-based income. This income is purely risk free for the bank since
the bank simply plays the role of an intermediary for sourcing business to the insurance
company.
It has its genesis decades ago in France, where this channel today is the predominant
source of insurance business. It has grown at different places and taken shapes and forms
in different countries depending upon demography, economic and legislative prescription
in that country. In some countries, bancassurance is still largely prohibited, but it was
recently legalized in countries such as the United States.
In India, the banking and insurance sectors are regulated by two different entities
(banking by RBI and insurance by IRDA) and bancassurance being the combinations of
two sectors comes under the purview of both the regulators.
Each of the regulators has given out detailed guidelines for banks getting into insurance
sector. Highlights of the guidelines are reproduced below:
RBI guideline for banks entering into insurance sector provides three options for
banks. They are:
Joint ventures will be allowed for financially strong banks wishing to undertake
insurance business with risk participation;
For banks which are not eligible for this joint-venture option, an investment option
of up to 10% of the net worth of the bank or Rs.50 crores, whichever is lower, is
available;
Banks can sell products from one life, one general, and one health insurance
company each. (As a broker, Corporate Agent)
The Insurance Regulatory and Development Authority (IRDA) guidelines for the
bancassurance are:
Each bank that sells insurance must have a chief insurance executive to handle all
the insurance activities.
All the people involved in selling should under-go mandatory training at an institute
accredited by IRDA and pass the examination conducted by the authority.
Commercial banks, including cooperative banks and regional rural banks, may
become corporate agents for one insurance company.
Bank in partnership
Joint with one or more Transfer of Difficult in manage in
insurance experience long the term
Venture companies
In India, there was a lot of excitement regarding this concept right from 2000 onwards, as
the country was in a position to learn and imbibe the globally successful concept. The
regulator, Insurance Regulatory Development Authority, finally permitted Indian banks to
distribute insurance products in late 2002. Till this period, insurance companies mainly
operated through a large tied agency force. What followed was a series of distribution tie-
ups between banks and insurance companies.
Globally, bancassurance has displayed the tendency to evolve models based on the
country’s overall financial culture. Models that emerged were both on the integrated and
non-integrated side. In India, it was more a case of distribution and arrangements and
the tie-ups were mainly as
I] Corporate Agency – distributing the entire range of products of the insurer starting
from elementary term assurance plans to complex pension plans on an as is where is
basis, after training and licensing the employees – a sort of non-integrated model ;
II] Referral Model – the insurer company officials / representatives are provided leads
by bank employees to target specific customers; and
III] Wrapper Products – distribution of insurance products wrapped around the bank’s
savings and loan products – a type of an integrated model. While the corporate agency
and the wrapper models have been reasonably successful, the referral model has not met
with much success.