PART II
FINANCIAL REQUIREMENT BEFORE LICENSING, FUND SOLVENCY REQUIREMENT AND CAPITAL ADEQUACY REQUIREMENT
Paid-up capital requirement
3.—(1)  For the purposes of section 9(1)(c) of the Act, the Authority shall not license an applicant as a direct insurer or reinsurer under section 8 of the Act unless the applicant has a paid-up ordinary share capital (or its equivalent recognised by the Authority as applicable to the applicant under the laws of the country or territory in which the applicant is incorporated, formed or established) of no less than —
(a)in the case of an applicant applying to be a direct insurer carrying on only one of the types of insurance business listed in Table 3 of the Sixth Schedule, $5 million;
(b)in the case of an applicant applying to be a direct insurer other than a direct insurer referred to in sub-paragraph (a), $10 million; and
(c)in the case of an applicant applying to be a reinsurer, $25 million.
[S 845/2018 wef 01/01/2019]
(2)  The requirement in paragraph (1) does not apply in relation to —
(a)an applicant applying to be licensed under section 8 of the Act as a direct insurer to carry on marine mutual insurance business only; or
(b)an applicant —
(i)created for the sole purpose of entering into contracts of reinsurance with one or more insurers; and
(ii)applying to be licensed under section 8 of the Act as a reinsurer, where its obligations under the contracts of reinsurance mentioned in sub-paragraph (i) entered into by the applicant as a licensed reinsurer are to be at all times fully funded through insurance securitisation.
[S 845/2018 wef 01/01/2019]
Fund solvency requirement and capital adequacy requirement
4.—(1)  For the purposes of section 18(1)(a) of the Act, the fund solvency requirement in respect of an insurance fund established and maintained by a licensed insurer (except a captive insurer, an SPRV or a marine mutual insurer) under the Act shall at all times be such that the financial resources of the fund are not less than the total risk requirement of the fund.
[S 233/2013 wef 18/04/2013]
[S 845/2018 wef 01/01/2019]
(2)  For the purposes of section 18(1)(b) of the Act, the capital adequacy requirement of a licensed insurer (except a captive insurer, an SPRV or a marine mutual insurer) shall at all times be such that the financial resources of the insurer are not less than —
(a)the sum of —
(i)the aggregate of the total risk requirement of all insurance funds established and maintained by the insurer under the Act; and
(ii)where the insurer is incorporated in Singapore, the total risk requirement arising from the assets and liabilities of the insurer that do not belong to any insurance fund established and maintained under the Act; or
(b)a minimum amount of $5 million, whichever is the higher.
[S 233/2013 wef 18/04/2013]
[S 845/2018 wef 01/01/2019]
(3)  A licensed insurer (except a captive insurer, an SPRV or a marine mutual insurer) shall immediately notify the Authority when the insurer becomes aware that —
(a)it has failed, or is likely to fail, to comply with paragraph (1) or (2); or
(b)a financial resources warning event has occurred or is likely to occur.
[S 233/2013 wef 18/04/2013]
[S 845/2018 wef 01/01/2019]
(4)  Where the Authority is notified by an insurer under paragraph (3)(a) or becomes aware of any inability by the insurer to comply with paragraph (1) or (2), the Authority may —
(a)require the insurer to comply with such directions as the Authority may impose, and in particular, require the insurer —
(i)to submit to the Authority financial statements on a monthly basis or at such other intervals as the Authority may require, until the insurer satisfies the fund solvency requirement or the capital adequacy requirement, as the case may be, for 90 consecutive days or such other period as may be determined by the Authority;
(ii)to submit to the Authority a plan on how the insurer intends to satisfy the fund solvency requirement or the capital adequacy requirement, as the case may be; or
(iii)to stop renewing or issuing further policies in respect of one or more classes of business; and
(b)direct the insurer to carry on its business in such manner and on such conditions as the Authority may impose.
(5)  If the Authority is notified by an insurer under paragraph (3)(b) or becomes aware that a financial resources warning event has occurred, the Authority may direct the insurer —
(a)to submit to the Authority a plan on how the insurer intends to stop the financial resources warning event from continuing; and
(b)to carry on its business in such manner and on such conditions as the Authority may impose.
(6)  In this regulation, “financial resources warning event” means an event which results in the financial resources of the insurer being less than —
(a)120% of the amount calculated in accordance with paragraph (2)(a); or
(b)the minimum amount in paragraph (2)(b),
whichever is the higher.
[S 233/2013 wef 18/04/2013]