Requirements for Licensing
A completed application form in the standard format determined by the Commission
Details of the proposed ownership of the applicant
Details of the proposed business plan of the applicant
Details of the proposed personnel and third party service providers of the applicant, including the general representative
Details of the proposed bank mandate signing powers of the applicant.
A copy of the applicant’s certificate of incorporation and memorandum and articles of association, and confirmation that share capital has been received and/or that letters of credit and subordinated loans are in place, are also required before a licence can be granted. Additional information may also be required where the applicant, controller or ultimate holding company is resident in a sensitive jurisdiction, as published by the Commission on its website.
Considerations by the Commission
When assessing applications for a licence to write insurance business, the Commission considers the application against the minimum criteria for licensing, which can be found in Schedule 7 of the Law, as well as the means by which the applicant will comply with all other requirements of the Law and its associated regulations, rules, codes and guidance issued by the Commission from time to time. Key considerations include:
Whether the business of the applicant will be conducted with integrity and skill
Whether fit and proper persons will be involved in the ownership, management and control of the applicant
Whether the business of the applicant will be directed by at least two individuals of appropriate standing and experience
The composition of the Board of Directors (see below)
Whether the business of the applicant will be conducted in a prudent manner
Whether the business of the applicant will be carried out in, or from within, the Bailiwick of Guernsey
The appointment of a suitable general representative, whose duties are as detailed in The Insurance Business (Duties of General Representative) Regulations, 2008
Whether the minimum levels of capital and solvency will be met and maintained by the applicant.
With regard to the composition of the Board of Directors, Schedule 7 of the Law
requires the Board to include at least one director who is not an associate (other than a director) of, or associated party (other than a director) in relation to, the company and who is not responsible for the management of the company’s business, unless the Commission has agreed in writing to waive this requirement. In addition, the Commission expects there to be at least an equitable balance between local and non-local directors and that control of the Board and the monies of the insurer will reside in Guernsey. It is Commission policy that corporate directors are not permitted.
Where relevant, the Commission will make enquiries of foreign supervisors in order to assist its consideration of the applicant's suitability in accordance with the minimum criteria for licensing.
It is essential that all prospective applicants familiarise themselves with the relevant local insurance laws, regulations, rules and codes, including the anti money laundering requirements, before applying for a licence to transact insurance business within the Bailiwick of Guernsey. Where an applicant is an international insurer, it is recommended that the applicant contact one of the licensed insurance managers in Guernsey to discuss any management requirements, if applicable. Please be aware that the Commission is unable to make any recommendations in this respect.
It is also recommended that prospective applicants contact the Commission at the earliest possible opportunity to discuss their outline proposals. However, it should be noted that whilst the Commission is happy to provide help and guidance to prospective applicants, it is unable to provide legal advice on the Law or its associated regulations, rules and codes. Therefore, prospective applicants should also seek the guidance of a Bailiwick of Guernsey advocate to ensure that all local legal requirements will be satisfied should a licence be granted.
Should a prospective applicant wish to proceed with a formal application for licensing, a completed application form, together with the relevant fee, should be submitted to the Commission for processing. The relevant application forms are as follows: