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Long Term Insurance Act, 1998 (Act No. 52 of 1998)

Regulations

Regulations under the Long-term Insurance Act, 1998

Part 3 : Remuneration

Part 3A : Limitation on Remuneration for Rendering Services as Intermediary - Policies other than Policies to which Part B Applies

3.9A Special provisions concerning replacement risk policies

 

(1) Notwithstanding regulation 3.4, a long -term insurer must either—
(a) not pay any commission to any person in respect of a replacement risk policy unless and until the confirmation referred to in Rule 19 of the Policyholder Protection Rules, where required, has been provided; or
(b) where the long -term insurer does pay commission to a person in respect of a replacement risk policy, reverse such payment and ensure that the payment is refunded to the long -term insurer if the confirmation referred to in Rule 19 of the Policyholder Protection Rules, where required, is not provided within the time specified in that Rule.

 

(2) In the event of commission on a replacement risk policy being paid or accepted otherwise than in accordance with subregulation (1), whether due to the fact that the long -term insurer was not aware at the time of payment that the policy in question was a replacement risk policy, or for any other reason, then any commission paid by the long -term insurer shall upon identification be reversed and refunded to the long -term insurer by the person to whom it was paid.

 

[Regulation 3.9A inserted by regulation 4(t) of Notice No. 1437 of 2017]