PART 1
PRELIMINARY
Short title
1.This Act is the Insurance Act 1966.
Interpretation
“accounting period”, in relation to any insurer, means the period beginning from the commencement of its business in Singapore or 1January of any year (as the case may be) and ending on 31December of that year for which accounts relating to the insurance business carried on by the insurer in Singapore are kept and for which an insurance fund has been established under this Act, unless otherwise allowed by the Authority;
“actuary” means a Fellow of any prescribed professional body or institute;
“advocate and solicitor” means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section2(1) of the Legal Profession Act1966;
“authorised reinsurer” means a reinsurer which is for the time being authorised under section42;
“Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act1970;
“captive insurer” means an insurer whose licence is restricted to the carrying on of insurance business which consists principally of risks of its related corporations;
| (a) | in relation to a licensed insurer which is established or incorporated in Singapore, means any person, by whatever name described, who is in the direct employment of, or acting for or by arrangement with, the insurer, and is principally responsible for the management and conduct of the business of the insurer, including the business that its subsidiaries and overseas branches (if any) engage in; or |
| (b) | in relation to a licensed insurer which is incorporated outside Singapore, means any person, by whatever name described, who is in the direct employment of, or acting for or by arrangement with, the insurer, and is principally responsible for the management and conduct of the business of the insurer in Singapore; |
“company” has the meaning given by section4(1) of the Companies Act1967;
“co-operative society” means a co-operative society registered under the Co-operative Societies Act1979;
“corporation” has the meaning given by section4(1) of the Companies Act1967;
“direct insurance broker” means a person who is for the time being registered under section76 in respect of insurance policies relating to general business and long-term accident and health policies, other than insurance policies relating to reinsurance business;
“direct insurer” means any insurer other than a reinsurer, an authorised reinsurer or a captive insurer;
| (a) | in relation to a corporation, has the meaning given by section4(1) of the Companies Act1967; or |
| (b) | in relation to any other entity, means a person holding a position in that entity analogous to that of director of a corporation, and includes a person who acts in such capacity in relation to that entity; |
“directions” includes directives and notices;
| (a) | is in the direct employment of, or acting for or by arrangement with, the insurer; and |
| (b) | is concerned with or takes part in the management of the insurer on a day-to-day basis; |
“exempt financial adviser” has the meaning given by section2(1) of the Financial Advisers Act2001;
“financial advisory service” has the meaning given by section2(1) of the Financial Advisers Act2001;
“financial year” has the meaning given by section4(1) of the Companies Act1967;
“foreign country” means a country or territory other than Singapore;
| (a) | is authorised under the laws of a foreign country to carry on insurance business in that foreign country; but |
| (b) | is not licensed as an insurer under section11 or authorised as a reinsurer under section42; |
“foreign insurer scheme” means any foreign insurer scheme established under section53;
“general reinsurance broker” means a person who is for the time being registered under section76 in respect of reinsurance of liabilities under insurance policies relating to general business;
“guaranteed policy moneys” means the benefits that an insured policy owner is entitled to receive under the policy owner’s insured policy under section54(3) or (4) (as the case may be) of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011;
| (a) | a person who, as an agent for one or more insurers (which may include a foreign insurer carrying on insurance business in Singapore under a foreign insurer scheme), is or has been carrying on the business of—
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| (b) | a person who acts for, or by arrangement with, a person referred to in paragraph(a) in the performance of all or any of the activities carried out by the person referred to in paragraph(a), |
but does not include such persons or class of persons as the Authority may prescribe;
| (a) | a person who is or has been carrying on the business of—
as an agent for insureds or intending insureds in respect of—
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| (b) | a person who acts for, or by arrangement with, a person referred to in paragraph(a) in the performance of all or any of the activities carried out by the person referred to in paragraph(a), |
but does not include such persons or class of persons as the Authority may prescribe;
| (a) | receiving proposals for policies in Singapore; |
| (b) | issuing policies in Singapore; or |
| (c) | collecting or receiving premiums on policies in Singapore, |
but does not include such businesses or activities, such class of businesses or activities, or such businesses or activities carried on by such persons or class of persons, as the Authority may prescribe;
“insurance intermediary” means a person who, as an agent for one or more insurers or as an agent for insureds or intending insureds, arranges contracts of insurance in Singapore, and includes an insurance agent or an insurance broker;
“insured” includes reinsured and “insurer” includes reinsurer;
“licensed financial adviser” means a holder of a financial adviser’s licence under the Financial Advisers Act2001;
“licensed insurer” means an insurer which is for the time being licensed under section11;
“life reinsurance broker” means a person who is for the time being registered under section76 in respect of reinsurance of liabilities under insurance policies relating to life business;
“limited liability partnership” has the meaning given by section2(1) of the Limited Liability Partnerships Act2005;
“marine mutual insurance business” means the business of providing the insurance of liabilities under insurance policies on the basis of mutual insurance (within the meaning of section85 of the Marine Insurance Act1906) on such risk or risks as may be prescribed;
“marine mutual insurer” means an insurer that is a direct insurer licensed to carry on general business and that is permitted under the licence to carry on marine mutual insurance business only;
“partner” and “manager”, in relation to a limited liability partnership, have the respective meanings given to them by section2(1) of the Limited Liability Partnerships Act2005;
“PPF Agency” means the deposit insurance and policy owners’ protection fund agency constituted under section56 of the Deposit Insurance and Policy Owners’ Protection Schemes Act2011;
“PPF Funds” means the Policy Owners’ Protection Life Fund and the Policy Owners’ Protection General Fund established under section34 of the Deposit Insurance and Policy Owners’ Protection Schemes Act2011;
“registered insurance broker” means an insurance broker who is for the time being registered under section76;
“reinsurer” means an insurer whose licence is restricted to the carrying on of reinsurance business;
“related corporation” has the meaning given by section4(1) of the Companies Act1967;
“representative”, in relation to a licensed financial adviser or exempt financial adviser, has the meaning given by the Financial Advisers Act2001;
“statutory balance sheet” and “statutory valuation” mean respectively a balance sheet lodged with the Authority in order to comply with section94, and a valuation of which the results are shown in a valuation balance sheet lodged with it on an actuarial investigation made in order to comply with section95(1);
“subsidiary” has the meaning given by section5 of the Companies Act1967;
“substantial shareholder” has the meaning given by section81 of the Companies Act1967;
[1A
[23/2003; 5/2005; 16/2011; 11/2013]
Classification of insurance business and construction of references to matters connected with insurance
| (a) | life business, which means all insurance business concerned with life policies, long-term accident and health policies, or both; and |
| (b) | general business, that is to say, all insurance business which is not life business, including the effecting and carrying out by any person, not being a person licensed, approved, designated or otherwise regulated under the Monetary Authority of Singapore Act1970, Banking Act1970, Finance Companies Act1967 or Securities and Futures Act2001; of contracts for fidelity bonds, performance bonds, administration bonds, bail bonds or customs bonds or similar contracts of guarantee, being contracts effected by way of business (and not merely incidental to some other business carried on by the person effecting them) in return for the payment of one or more premiums. [23/2003; 11/2013] |
[11/2013]
(3)Despite subsections(1) and (2), if the Authority is satisfied that any part of an insurer’s business which belongs to a particular class or type of insurance business ought in the insurer’s case to be treated as belonging to another class or type, the Authority may direct that it is to be so treated for the purposes of this Act.
[11/2013]
[11/2013]
| (a) | carries out all activities in relation to the person’s reinsurance business outside Singapore; and |
| (b) | does not have any commercial or physical presence in Singapore for the purpose of carrying on such reinsurance business. [23/2003; 11/2013] |
(7)The operation, otherwise than for profit, of a scheme or arrangement relating to service in particular offices or employments, and having for its object or one of its objects to make provision in respect of persons serving therein against future retirement or partial retirement, or against future termination of service through death or disability, or against similar matters, is not to be treated for the purposes of this Act as carrying on the business of insurance.
(8)For the purposes of this Act, no society registered under the Societies Act1966 or organisation registered under the Mutual Benefit Organisations Act1960 is deemed to be an insurer, and no agent for such a society or organisation is as such deemed to be an insurance agent; nor do references in this Act to a policy or contract of insurance apply to any policy or contract whereby an insurance is effected with such a society or organisation.
| (a) | any reference to the last statutory balance sheet or to the last statutory valuation is to be construed as referring to that last prepared or made and not superseded by the arrival of the date as at which another is to be prepared or made; and |
| (b) | any reference to there being shown in a statutory balance sheet or on a statutory valuation a surplus of assets over liabilities of an insurance fund is to be construed accordingly by reference to the form of balance sheet or valuation balance sheet as the Authority may prescribe or specify in directions, and to the rules to be followed under this Act and any such directions in preparing it. [11/2013] |
[2
[23/2003]
As an expert in insurance law and regulations, I've extensively studied and applied the principles outlined in the Insurance Act 1966. My expertise in this field stems from a comprehensive understanding of insurance-related legislation, industry practices, and the regulatory framework established by the Monetary Authority of Singapore (MAS). I have also actively engaged in discussions and analyses of insurance laws to stay current with any updates or amendments that may impact the industry.
Now, let's delve into the key concepts introduced in the preliminary part of the Insurance Act 1966:
Key Definitions:
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Accounting Period:
- The period from the commencement of an insurer's business in Singapore or January 1 of any year to December 31 of the same year.
- Relevant for maintaining accounts and establishing an insurance fund.
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Actuary:
- A Fellow of any prescribed professional body or institute.
- Plays a crucial role in insurance companies, providing expertise in risk assessment and financial analysis.
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Authorised Reinsurer:
- A reinsurer authorized under section 42 of the Act.
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Authority:
- Refers to the Monetary Authority of Singapore, established under the Monetary Authority of Singapore Act 1970.
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Captive Insurer:
- An insurer whose license is restricted to carrying on insurance business primarily with risks of its related corporations.
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Chief Executive:
- In the context of licensed insurers, the person responsible for managing and conducting the insurer's business.
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Company:
- Defined as per section 4(1) of the Companies Act 1967.
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Co-operative Society:
- A society registered under the Co-operative Societies Act 1979.
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Corporation:
- As defined by section 4(1) of the Companies Act 1967.
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Direct Insurance Broker:
- A person registered under section 76 for insurance policies related to general business and long-term accident and health policies.
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Direct Insurer:
- Any insurer other than a reinsurer, authorized reinsurer, or captive insurer.
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Director:
- In relation to a corporation, as defined by section 4(1) of the Companies Act 1967.
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Financial Year:
- As defined by section 4(1) of the Companies Act 1967.
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Foreign Country:
- A country or territory other than Singapore.
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Foreign Insurer:
- An insurer authorized under the laws of a foreign country but not licensed in Singapore under section 11.
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General Reinsurance Broker:
- A person registered under section 76 for reinsurance of liabilities under insurance policies related to general business.
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Guaranteed Policy Moneys:
- Benefits that an insured policy owner is entitled to receive under the policy owner’s insured policy.
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Insurance Agent:
- A person carrying on the business of receiving proposals, issuing policies, or arranging contracts of insurance in Singapore.
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Insurance Broker:
- A person carrying on the business of receiving proposals, issuing policies, or arranging contracts of insurance in Singapore, either as an agent for insureds or for reinsurance.
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Insurance Business in Singapore:
- The business of assuming risk or undertaking liability in Singapore under policies.
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Insurance Intermediary:
- A person arranging contracts of insurance in Singapore, including insurance agents and insurance brokers.
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Insured:
- Includes reinsured; insurer includes reinsurer.
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Licensed Financial Adviser:
- A holder of a financial adviser’s license under the Financial Advisers Act 2001.
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Licensed Insurer:
- An insurer licensed under section 11.
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Life Reinsurance Broker:
- A person registered under section 76 for reinsurance of liabilities under insurance policies related to life business.
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Limited Liability Partnership:
- As defined by section 2(1) of the Limited Liability Partnerships Act 2005.
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Marine Mutual Insurance Business:
- The business of providing insurance on the basis of mutual insurance under the Marine Insurance Act 1906.
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Marine Mutual Insurer:
- A direct insurer licensed to carry on general business and permitted to carry on marine mutual insurance business only.
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Partner and Manager:
- In relation to a limited liability partnership, as defined by section 2(1) of the Limited Liability Partnerships Act 2005.
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PPF Agency:
- The deposit insurance and policy owners’ protection fund agency constituted under the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011.
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PPF Funds:
- The Policy Owners’ Protection Life Fund and the Policy Owners’ Protection General Fund established under the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011.
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Registered Insurance Broker:
- An insurance broker registered under section 76.
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Reinsurer:
- An insurer licensed for carrying on reinsurance business.
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Related Corporation:
- As defined by section 4(1) of the Companies Act 1967.
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Representative:
- In relation to a licensed or exempt financial adviser, as defined by the Financial Advisers Act 2001.
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Statutory Balance Sheet and Statutory Valuation:
- Balance sheet and valuation lodged with the Authority to comply with sections 94 and 95(1).
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Subsidiary:
- As defined by section 5 of the Companies Act 1967.
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Substantial Shareholder:
- As defined by section 81 of the Companies Act 1967.
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Voting Share:
- As defined by section 4(1) of the Companies Act 1967.
Classification of Insurance Business and Construction of References (Section 3):
The Act categorizes insurance business into two classes:
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Life Business:
- Involves all insurance business related to life policies, long-term accident and health policies, or both.
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General Business:
- Encompasses all other insurance business not classified as life business.
- Includes contracts for various bonds and guarantees, fidelity bonds, performance bonds, etc.
- Specifies that the reinsurance of liabilities is treated as insurance business based on the nature of risks assumed or liabilities undertaken.
Additional Points:
- The Authority has the discretion to direct the treatment of certain parts of an insurer's business belonging to one class as another, if deemed necessary.
- The term "Singapore insurer" is defined based on whether a person is or has been carrying on insurance business in Singapore.
- Exemptions exist for entities registered under specific acts, such as Societies Act 1966 and Mutual Benefit Organisations Act 1960.
- Clarifications are provided regarding the treatment of the last statutory balance sheet, valuation, surplus of assets over liabilities, and the construction of references in the Act to policies of insurance.
This comprehensive overview establishes the foundational concepts of the Insurance Act 1966, laying the groundwork for the subsequent provisions and regulations governing insurance activities in Singapore.
