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Published byLaurence Bailey Modified over 9 years ago
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Insurance and Reinsurance Panel Bermuda Financial Services Conference New York September 30 th 2008
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Bermuda Monetary Authority Update Shanna Lespere, Director, Insurance Bermuda Monetary Authority
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Agenda BMA overview Insurance Regulation Enhancements AML work Sub-prime Summary
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The Bermuda Monetary Authority Independent, single regulator of all markets within Bermuda’s financial services sector; licensing, supervisory, enforcement powers for: Banking, Trust and Investment, (BT&I) Insurance Promotes overall financial stability and soundness of financial institutions Assists relevant authorities with detection and prevention of financial crime Has pivotal role in maintaining Bermuda’s reputation as a high-quality international financial centre Committed to providing effective, risk-based, practical regulatory frameworks, consistent with international standards
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Insurance Regulation Enhancements Our goal: mutual recognition – Solvency II –Tangible benefits to firms, Bermuda Insurance Act Amendments BSCR – enhanced risk-based solvency regime Internal Models GAAP Disclosure – transparency Group Supervision Focus on commercial market – captive regime unchanged
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Insurance Regulation Enhancements Class 3 re-classification –Risk-based re-categorisation of Class 3 entities established –Re-registration process imminent –Consultation on resourcing underway –Goal: Issue certificates of registration by March 31 st, 2009
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AML work Revamp of Bermuda’s POCA provisions –Underpinned by revised / new legislation –Legislation facilitates a more coordinated and transparent effort by the jurisdiction BMA Responsibilities –Focused, dedicated resources –Practical, risk-based regime
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Sub-prime Continue to monitor impact on BDA market Insurance –Proactive approach –BMA surveys re investment portfolios and underwriting exposures –Stress tests - solvency / liquidity positions –Enhanced monitoring of affected entities – financial guaranty firms
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Current Health of Insurance Market Jonathan Reiss, Insurance Sector Leader, Ernst & Young
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Summary Regulatory Priority –Achieve equivalence / mutual recognition (EU/US) Enhanced operational capability Continued sub-prime impact monitoring Ongoing risk-based supervisory approach
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Bermuda (Re)insurance Market - Current State Center of Excellence - Underwriting discipline Track Record Strong Balance Sheets - Access to capital - Hard market Hurricanes Gustav & Ike Global Credit Crisis
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Regulations Michael G. Frith, Associate, Conyers, Dill & Pearman
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2008 – Current Matters HR 6969 – Proposed Insurance Tax Legislation (Neal 9/18/08) Revenue Ruling 2008-15 – Cascading Theory for FET U.S. Presidential Election Bermuda Infrastructure
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Bermuda Regulation of Insurers/Reinsurers Regulated by the Bermuda Monetary Authority (“BMA”) Long term Business and General Business General Business divided into Classes Class 1 – pure captives Class 2 – association captives; <20% 3 rd party Class 3 – everything else… Class 4 – highly capitalised reinsurers Regulatory “Spectrum” Class 1Class 2Class 4 Class 3
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Bermuda Regulation of Insurers/Reinsurers Insurance Amendment Act 2008 New Classes, subdividing the old Class 3 Class 3 – more than 20% but less than 50% 3 rd party business Class 3A – 50%+ 3 rd party; less than $50m premium written Class 3B – 50%+ 3 rd party; more than $50m premium written Special Purpose Insurers Fully-funded $1 minimum share capital Regulatory “Spectrum” Class 1Class 2Class 4 Class 3Class 3AClass 3B
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