Financial Holding Companies (Corporate Governance of Designated Financial Holding Companies with Licensed Insurer Subsidiary) Regulations 2022 · As enacted · Part 2 · Requirements for Tier 1 Designated Fhc with Licensed Insurer Subsidiary
18. Risk Management Committee
Feedback & supportSubject to paragraph (4) and regulations 14(3) and 19, a Tier 1 DFHC (Licensed Insurer) must have a Risk Management Committee comprising —
at least 3 members of the Board; and
at least a majority of directors (including the chairperson of the Risk Management Committee) who are non‑executive directors.
The Risk Management Committee of a Tier 1 DFHC (Licensed Insurer) is, in addition to any other responsibilities that may be determined by the Board, responsible for overseeing —
the establishment and the operation of an independent risk management system for managing risks on an enterprise‑wide basis; and
the adequacy of the risk management function of the Tier 1 DFHC (Licensed Insurer), including ensuring that it is sufficiently resourced to monitor risk by the various risk categories and that it has appropriate independent reporting lines.
The Risk Management Committee must maintain records of all its meetings.
If a member of the Risk Management Committee resigns, ceases to be a director or for any other reason ceases to be a member of the Risk Management Committee —
the Tier 1 DFHC (Licensed Insurer) must notify the Authority of the event within 14 days after the occurrence of the event; and
if this results in a breach of any requirement under paragraph (1), the Board must, within 3 months after that event, appoint the number of new members that is necessary to rectify the composition of the Risk Management Committee in accordance with that requirement.
A Tier 1 DFHC (Licensed Insurer) that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $25,000; and
in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of the day during which the offence continues after conviction.
A Tier 1 DFHC (Licensed Insurer) that contravenes paragraph (4)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.
Subregulation 1
Subject to paragraph (4) and regulations 14(3) and 19, a Tier 1 DFHC (Licensed Insurer) must have a Risk Management Committee comprising —
at least 3 members of the Board; and
at least a majority of directors (including the chairperson of the Risk Management Committee) who are non‑executive directors.
Subregulation 2
The Risk Management Committee of a Tier 1 DFHC (Licensed Insurer) is, in addition to any other responsibilities that may be determined by the Board, responsible for overseeing —
the establishment and the operation of an independent risk management system for managing risks on an enterprise‑wide basis; and
the adequacy of the risk management function of the Tier 1 DFHC (Licensed Insurer), including ensuring that it is sufficiently resourced to monitor risk by the various risk categories and that it has appropriate independent reporting lines.
Subregulation 3
The Risk Management Committee must maintain records of all its meetings.
Subregulation 4
If a member of the Risk Management Committee resigns, ceases to be a director or for any other reason ceases to be a member of the Risk Management Committee —
the Tier 1 DFHC (Licensed Insurer) must notify the Authority of the event within 14 days after the occurrence of the event; and
if this results in a breach of any requirement under paragraph (1), the Board must, within 3 months after that event, appoint the number of new members that is necessary to rectify the composition of the Risk Management Committee in accordance with that requirement.
Subregulation 5
A Tier 1 DFHC (Licensed Insurer) that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $25,000; and
in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of the day during which the offence continues after conviction.
Subregulation 6
A Tier 1 DFHC (Licensed Insurer) that contravenes paragraph (4)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.