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

Chapter 8 : Transfers of Business and Other Significant Transaction

51. Acquisitions or disposals

 

(1) An insurer (other than branch of a foreign reinsurer, Lloyd’s underwriter or Lloyd’s) or a controlling company must, prior to making a material acquisition or disposal, obtain the approval of the Prudential Authority.

 

(2) The Prudential Authority must prescribe what constitutes a material acquisition or disposal for the purposes of subsection (1).

 

(3) The Prudential Authority may refuse to approve a material acquisition or disposal if the Prudential Authority reasonably believes that such an acquisition or disposal will impede—
(a) in the case of an insurer, the financial soundness of the insurer;
(b) in the case of a controlling company—
(i) the financial soundness of an insurer that is part of the insurance group; or
(ii) the ability of the Prudential Authority to determine—
(aa) how the different types of business of the insurance group are conducted;
(bb) the risks of the insurance group and each person that is part of that insurance group; or
(cc) the manner in which the governance framework is organised and conducted for the insurance group and each person that is part of that insurance group.

 

(4) Despite any other law, any acquisition or disposal that is effected in contravention of this section is void.