Engagement on the draft amendments to Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 (the “Insurance Managers and Insurance Intermediaries Law”)
15th January 2021Introduction
On the 30th of October 2015 the States of Deliberation approved the Policy Letter submitted by the Policy Council on the Revision of the Financial Supervisory and Regulatory Laws. Representatives of the States of Alderney and the Chief Pleas of Sark has previously indicated their support for the proposals which followed a public consultation process, together with the Law Officers of the Crown (the “Law Officers”), the Commerce and Employment Department (the “C&E Department”) and the Policy Council.
Following approval of the Policy Letter by the Bailiwick legislative bodies, the Law Officers and the Commission, with the assistance of members of industry, have now produced an Ordinance amending the Insurance Managers and Insurance Intermediaries Law (the “Ordinance”). The Ordinance is in near final form.
In August and September 2020, the States of Guernsey, the States of Alderney and the Chief Pleas of Sark approved the Banking Supervision (Bailiwick of Guernsey) Law, 2020, the Protection of Investors (Bailiwick of Guernsey) Law, 2020, the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 and the Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020. There Laws were registered with the Royal Court on 18 December 2020. These Laws form part of the suite of amended legislation contemplated in the Policy Letter and are complementary to the amendments in Insurance Managers and Insurance Intermediaries Law.
The Commission is now seeking feedback and assistance from the financial services industry specifically on whether the proposed amendments to the Insurance Managers and Insurance Intermediaries Law have any unintended consequences or fatal flaws.
Feedback is sought no later than 5pm on Friday, 19 February 2021.
What the engagement is not about
The Commission has engaged with the financial services industry through the issuing of a discussion paper and later through the consultation process (including the consultation paper in 2015, drop in sessions and informal stakeholder engagement). Additionally the States have already approved the Policy Letter. Consequently the policy in relation to the Ordinance has already been set. Thus, the Commission is not seeking extensive responses in relation to matters of policy or direction in relation to the amendments to the Insurance Managers and Insurance Intermediaries Law.
The Format of this engagement
The engagement paper, which is attached, sets out topics upon which the financial services industry’s assistance is requested and in particular questions regarding unintended consequences and whether there are any significant issues in relation to certain provisions or areas.
The questions are posed after the brief introduction to the topic. Please refer to attached copy of the Insurance Managers and Insurance Intermediaries Law which is marked up with the amendments from the Ordinance for the specific provisions.
How to respond
The engagement paper is available here and a copy of the amended Insurance Managers and Insurance Intermediaries Law (in mark-up) is available here. Responses are invited from the financial services industry. Questions are in bold text after the brief introduction to the various topics.
The discussion period runs from Friday, 15 January 2021 to 5pm on Friday, 19 February 2021. Participants are encouraged to feed back any comments as soon as possible.
Please send your feedback to us at [email protected]