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Insurance Act, 2017 (Act No. 18 of 2017)

Chapter 4 : Licensing, Suspension and Withdrawal of Licence

26. Variation of licence conditions

 

(1) The Prudential Authority may amend, delete, replace or vary any licensing conditions or impose other or additional licensing conditions—
(a) on application by an insurer or controlling company;
(b) when it is in the public interest, including transformation of the insurance sector;
(c) when, in the case of an insurer, it is in the interests of the policyholders or potential policyholders of the insurer;
(d) when, in the case of a controlling company, it is in the interests of maintaining the financial soundness of any insurer that is part of the insurance group;
(e) when revoking a suspension of a licence;
(f) in the circumstances referred to in section 48; or
(g) in the case of an insurer, if an insurer has ceased to enter into insurance policies relating to a class or sub-class of insurance business, to the extent that its licence for that class or sub-class of insurance business is no longer justified.

 

(2) An amendment, a deletion, a replacement or a variation of any licensing condition, or the imposition of other licensing conditions pursuant to subsection (1), may be made for a specific period subject to certain conditions being met.

 

(3) If a variation of licence conditions results in an insurer no longer being licensed for a specific class or sub-class referred to in Schedule 2, the Prudential Authority must direct the insurer to make arrangements to the satisfaction of the Prudential Authority to—
(a) discharge its obligations under all insurance policies entered into in respect of that class or sub-class before the variation;
(b) ensure the orderly resolution of that insurance business of the insurer; or
(c) transfer that insurance business to another insurer under section 50 by a specified date.

 

(4) The Prudential Authority, on varying, amending or imposing other licensing conditions, must publish a notice thereof on the official website.