Regulation 1
Citation and commencement
These Regulations are the Insurance (General Provisions and Exemptions for Marine Mutual Insurers) Regulations 2018 and come into operation on 1 January 2019.
/akn/sg/act/sub_leg/1966/IA-S836-2018
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Insurance (General Provisions and Exemptions for Marine Mutual Insurers) Regulations 2018 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation IA-S836-2018 1966, currently marked in force and first recorded in 1966.
Part 1
Citation and commencement
These Regulations are the Insurance (General Provisions and Exemptions for Marine Mutual Insurers) Regulations 2018 and come into operation on 1 January 2019.
Definition
In these Regulations, unless the context otherwise requires, “GSIF amount”, in relation to an insurance fund that relates to Singapore policies, means the highest of the following amounts:
$400,000;
20% of net premiums written of the fund in the preceding financial year;
20% of claim liabilities (net of reinsurance) of the fund as at the end of the preceding financial year.
Part 2
Prescribed risks
For the purposes of the definition of “marine mutual insurance business” in section 1A of the Act, the prescribed risks are —
risks upon goods, merchandise or property of any description transported on board vessels, including incidental transit before and after shipment;
risks upon the freight of, or any other interest in or relating to, vessels;
risks upon vessels, or upon machinery, tackle furniture or equipment of vessels;
risks against damage arising out of or in connection with the use of vessels, including third‑party risks; and
risks incidental to the construction, repair or docking of vessels, including third‑party risks.
Part 3
Financial requirement
For the purposes of section 8(3)(b) of the Act, the financial requirement that an applicant as a marine mutual insurer must satisfy is that the applicant must have a paid‑up ordinary share capital (or its equivalent recognised by the Authority as applicable to the applicant under the laws of the country or territory in which the applicant is incorporated, formed or established) of at least $5 million.
Fund solvency requirement
For the purposes of section 18(1)(a) of the Act, the fund solvency requirement that a marine mutual insurer must satisfy in respect of an insurance fund established and maintained by the marine mutual insurer under the Act is —
in the case of an insurance fund that relates to Singapore policies, the surplus of assets over liabilities of the fund, less its contingent liabilities, must not at any time be less than the GSIF amount; and
in the case of an insurance fund that relates to offshore policies, the amount of assets in the fund, less its contingent liabilities, must not at any time be less than the amount of liabilities of the fund.
Capital adequacy requirement
For the purposes of section 18(1)(b) of the Act, the capital adequacy requirement that a marine mutual insurer must satisfy is that the shareholders’ equity and surplus, less the contingent liabilities of the marine mutual insurer, must not at any time be less than the sum of —
$400,000; and
the GSIF amount.
Part 4
Exemption from sections 17(16) and 20 of Act
A marine mutual insurer is exempt from sections 17(16) and 20 of the Act if and only if it maintains such accounts and records, as the Authority may specify, of any insurance fund established by the marine mutual insurer.
Exemption from sections 31(1)(c) and 37 of Act
A marine mutual insurer is exempt from sections 31(1)(c) and 37 of the Act.
Exemption from section 39(1) and (3) of Act
A marine mutual insurer is exempt from section 39(1) and (3) of the Act in respect of any document lodged by the marine mutual insurer as specified in the direction issued by the Authority that is commonly known as MAS Notice 212, in accordance with section 36(3) and (3A) of the Act.
Part 5
Revocation
The Insurance (General Provisions and Exemptions for Marine Mutual Insurers) Regulations 2007 (G.N. No. S 746/2007) (called in these Regulations the 2007 Regulations) are revoked.
Saving and transitional provisions
Despite regulation 10, a marine mutual insurer must comply with the 2007 Regulations as in force immediately before 1 January 2019, read with the Insurance (Accounts and Statements) Regulations 2004 (G.N. No. S 494/2004) as in force immediately before 1 January 2019, in respect of statements of accounts and other statements, reports and other documents that are required to be lodged by the marine mutual insurer with the Authority under the 2007 Regulations, for —
the accounting period beginning on or after 1 January 2018 and ending on 31 December 2018; and
the financial year of the marine mutual insurer beginning on any day between 1 January 2018 and 31 December 2018 (both dates inclusive).