Law Informations
Establishment of the Insurance authority & organization of its operations
Number: Law No. 6 of 2007
Issued On: 15 February 2007
Type: Federal law
Insurance Authority
Abu Dhabi
United Arab Emirates
ESTABLISHMENT OF THE INSURANCE AUTHORITY & ORGANIZATION OF ITS OPERATIONS
Federal Law No. 6 of 2007
Federal Law No. 6 of 2007
We Khalifa Bin Zayed Al-Nahayan, the President of the United
Arab Emirates,
Having considered the constitution,
The Federal Law No.1 of 1972 on the ministries' responsibilities
and the ministers' authorities and the amending laws,
The Federal Law No.6 of 1974 on Public Utility Societies and the
amending laws,
The Federal Law No.5 of 1975 on Trade Register,
The Federal Law No.26 of 1981 on Marine Commercial Law and
the amending laws,
The Federal Law No.8 of 1984 on Commercial Companies and the
amending laws,
The Federal Law No.9 of 1984 on Insurance Companies & Agents
and the amending laws,
The Law of Civil Transactions enacted by the Federal Law No.5 of
1985 and the amending laws,
The Penal Code enacted by the Federal Law No.3 of 1987 and the
amending laws,
The Law of Civil Procedures enacted by the Federal Law No.11 of
1992 and the amending laws,
The Law of Punitive Procedures enacted by the Federal Law No.35
of 1992 and the amending laws,
The Federal Law No.21 of 1995 on Traffic
And on basis of the Minister of Economy's presentation, the
Cabinet's approval, and the Federal Supreme Council's sanction,
we have issued the following law:
Preliminary Chapter
Article 1
Definitions
The following words and expressions shall bear the meanings
indicated beside each of them unless the context provides
otherwise:
State: The United Arab Emirates
Ministry: The Ministry of Economy
Minister: The Minister of Economy
Authority: The Insurance Authority established
by virtue of the provisions of the law
herein.
Board: The Insurance Authority's Board of
directors
Chairman: The Chairman of the Board
Director General: The Director General of the Insurance
Authority
Company: The insurance company incorporated
in the State and the foreign insurance
company licensed to carry out
insurance activities in the State either
through a branch, or through an
insurance agent.
Insurer: Any insurance company incorporated
in the State or foreign company
licensed to carry out insurance
operations in the State according to
the provisions of the Law herein.
Insured: The person who has concluded an
insurance contract with the company.
Insurance Agent: The person approved and authorized
by the company to carry out
insurance operations on its behalf or
on behalf of any branch thereof.
Insurance Policy (Insurance Contract):
The insurance document (policy)
concluded by the insurer and insured
containing the terms and conditions
of the contract between the two
parties, their obligations, and rights
or the rights of beneficiary of the
insurance or any endorsements
therein.
Re-insurer: Any re-insurance company
incorporated in the State or foreign
re-insurance company licensed to
carry out insurance operations inside
the State or a foreign re-insurance
company outside the State.
Insurance Broker: The person who independently
intermediates in insurance and reinsurance operations between the
insurance or re-insurance seeker on
one side and any insurance or reinsurance company on the other side
and receives for his efforts
commission from the insurance
company or the re-insurance
company with which the insurance or
re-insurance has been accomplished.
Loss & Damage Adjuster: The person who examines the
damages occurred to the subject
matter of the insurance, and assesses
them.
Insurance Consultant: The person, who studies the
insurance requirements for his
clients, gives advice in respect of the
suitable insurance coverage, assists in
preparing insurance requisites and
receives for his efforts remuneration
from his clients.
Actuary: The person who estimates values of
the insurance contracts, documents
and the related accounts.
Register: The register of the insurance
companies or the insurance agents.
Branch: The branch of the company that carry
out insurance operations in its
name.
Authorized Manager: The person appointed by the foreign
insurance company to manage its
branch in the State.
Beneficiary: The person who acquired the rights
of the insurance contract at the start
or these rights has been legally
transferred thereto.
Technical provisions: The provisions which the insurer
must deduct and maintain to meet
the insured's accrued financial
obligations pursuant to the
provisions of the law herein.
Solvency margin: The surplus in the value of the
company's real assets over its
liabilities that enables it to fulfill its
obligations in full and to pay the
required indemnities right away
when they befall due without
impeding the company operations or
weakening its financial status.
Minimum Guarantee Fund:
The amount that equates one third of
the required solvency margin or the
amount determined by the Board
whichever is the greater.
Accounts' Auditor: The accounts' auditor licensed to
perform in the State.
Article 2
1. The provisions of the law herein shall apply to the insurance
companies incorporated in the State and the foreign
companies licensed to perform the activity in the State
including the companies engaged in the operations of
cooperative insurance and takaful insurance or the operations
of reinsurance provided for in the law herein and the
insurance professions related thereto.
2. The provisions of the law herein shall not apply to the
companies operating in the free zones in the State unless
specifically provided for in the law herein.
Article 3
1. An insurance is a contract pursuant thereto the insurer shall
be obliged to pay the insured or the beneficiary whose in his
favor the insurance has been concluded a sum of money,
regular proceeds or other monetary indemnity in case the
insured accident or risk occurred, in return of installments or
any other monetary sums paid by the insured thereto.
2. The insurer shall pay the indemnity provided for in the
insurance contract to the insured or the beneficiary, as the case
might be, as soon as the insured accident or risk occurred and
thereupon the insurer shall legally subrogate the insured or
the beneficiary in respect of the rights or obligations of each
one of them.
3. The company shall be obligated to conclude insurance
contracts for all the vehicles licensed to get going in the State
when so required by the pertinent authorities. The executive
regulation of the law herein shall determine the insurance's
premium tariffs while magnitude of the risks should be taken
into consideration.
Chapter One
Insurance Operations and Its Types
Article 4
In implementing the provisions of the law herein the direct
insurance operations shall be divided into three types:
1. Life assurance and funds accumulation operations
2. Properties insurance
3. Life liability insurance
The executive regulation of the law herein shall determine others
may be enlisted under each of the three types.
Article 5
Insurance operations shall include the relevant activities of the
types provided for in Article (4) of the law herein and as well shall
include re-insurance, insurance agents, and actuaries, insurance
brokers, loss and damage adjusters and insurance consultants'
activities.
Chapter Two
Insurance Authority
Article 6
1. An authority to be called The Insurance Authority,
entertaining the status of a legal person with financial and
administrative independence shall be established, and shall have
an independent budget subjoined to the State's budget. In such
capacity, the Authority shall perform all operations and actions
enabling it to achieve the objectives and duties assigned thereto
pursuant to the provisions of the law and shall be an annexed to
the Minister.
2. The main premises of The Authority shall be located in Abu
Dhabi City and by decision of the Board branches thereto may be
established within the State as the public interests may require.
Article 7
The Authority aims at organizing and overseeing the insurance
sector in a way that would ensure suitable environment to develop
it and enhance the role of the insurance industry to secure lives,
properties, and liabilities against risks in order to protect the
national economy; collect, develop, and invest the national savings
to sustain the economic development of the State; encourage fair
and effective competition; provide the best insurance services in
competitive premiums and coverage, and Emiratize the insurance
markets jobs and for the cause the Authority shall carry out the
following duties:
1. Protecting the rights of the insured and the beneficiaries of the
insurance operations and monitoring solvency of the
companies to avail satisfactory insurance coverage in order to
protect these rights.
2. Enhancing performance and efficiency of the insurance
companies and binding them to observe the profession's code
and rule of conduct to enhance their capabilities to render the
beneficiaries of the insurance the best services and attain
constructive competition.
3. Providing efficient and qualified human resources to carry out
insurance operations including establishment of an institute
for the purpose in cooperation and collaboration with
Emirates Insurance Association (EIA) according to the
prevailing legislations.
4. Proposing programs and plans to develop the insurance sector
in all aspects and enhancing insurance awareness, preparing
studies and researches relevant to the insurance operations
and disseminating the same.
5. Consolidating cooperation and integration ties with the
authorities organizing insurance sector at both the Arab world
and International levels.
6. Receiving applications to establish, open branches and
representative offices for insurance and re-insurance
companies, insurance brokers and the professions related
thereto and issuing them the necessary licenses.
7. Identifying the risks which shall be compulsorily insured.
8. Determining unified tariffs of certain types of insurances and
of those one enlisted there under in cases the public interest
would require.
9. Any other assignment relevant to organizing the insurance
sector as resolved by the Board.
Article 8
The Insurance Authority shall be composed of the following:
1. The Board
2. The Director General
3. The Executive Body
Article 9
The Authority shall have a board of directors composed under the
chairmanship of the Minister of ten members of the experienced
and specialized individuals designated on basis of a presentation
by the Minister as follows:
Two members from the Ministry to be nominated by the
Minister
One member from the Ministry of Finance & Industry to be
nominated by the Minister of Finance & Industry
One member from UAE Central Bank to be nominated by the
Governor.
One member from the Federation of the Chambers of
Commerce & Industry to be nominated by the President of the
Federation.
Five members to be nominated by the Minister out of the
specialist in the sectors of finance, economy and insurance,
provided they include among them one member from
Emirates Insurance Association (EIA).
The Cabinet shall issue a resolution to form the Board, determine
remunerations of its members, and indicate duration of
membership. The Chairman shall select a deputy therefor out of
the Board's members.
Article 10
The executive regulation of the law herein shall lay down the
terms and conditions of the Board's membership.
Article 11
1. Membership of any of the Board's members shall end in any
of the following cases:
A. Resignation or replacement by the nominating body.
B. Should he remained absent for three consecutive cessions or
four non-consecutive cessions during one year without an
acceptable excuse.
C. Should he become devoid of any of the terms and conditions
provided for in the executive regulation of the law herein.
2. The Cabinet on recommendation of the pertinent body and
within a period not exceeding sixty days as from date of vacating a
seat of the board shall appoint another in his place to complete the
tenure of the member who his membership came to an end.
Article 12
The Board shall assume the duties and authorities provided for in
the law herein and the regulations, rules, directives, and decisions
issued pursuant thereto including:
1. Laying down the general policy of the Authority and
approving the necessary implementation plans and programs.
2. Approving draft laws relevant to insurance operations and
report them to the Cabinet.
3. Issuing the necessary directives to implement the provisions
of the law herein, and the regulations, and rules, issued
pursuant thereto.
4. Approving the draft of the annual budget of the Authority and
refer it to the Cabinet for sanction.
5. Approving the annual report and the final accounts of the
Authority and refer them to the Cabinet.
6. Appointing an account auditor for the Authority and
determining his remuneration.
7. Acknowledging aids, donations, grants, and bequests seen in
line with the objectives of the Authority.
8. Settling the objections raised by the company in respect of
amending the insurance's forms, policies and endorsements.
9. Executing any other duties related to the Authority's affairs
and objectives.
Article 13
The Board shall meet once every three months at least and may be
invited to hold an extraordinary meeting upon request of the
Chairman or three members at least.
The quorum for holding the meeting of the Board shall be the
attendance of the majority of the members, provided the chairman
or his deputy shall be among them. Resolutions shall be issued by
absolute majority of the votes cast and in case of a tie the side of
the chairman of the meeting shall have casting vote. Minutes of the
Board's sessions shall be written down and approved by the
chairman of the session. The resolutions shall be issued duly
signed by the chairman.
The Board may invite whoever seen fit of those experienced and
qualified experts and consultants to render assistance to attend its
sessions without having voting rights in decisions making.
Article 14
By virtue of a Federal Decree based on a recommendation by the
chairman a director general of the Authority shall be appointed in
the same scale of an undersecretary of a ministry.
Article 15
The director general shall carry out the operations of the Authority
and representing the Authority in its relations with the others and
before the judiciary and in particular he shall:
1. Implement policies, plans and programs approved by the
Board.
2. Suggest the organizational structure of the authority and
superintend the same in a way that secures good performance
of the operations.
3. Prepare programs and plans to develop the insurance sector
and upgrade its services for submission to the Board.
4. Prepare draft laws, regulations, rules, directives and decisions
issued in conformity with the provisions of the law herein
related to insurance operations and refer the same to the
Board.
5. Prepare the draft of annual budget the Authority and refer the
same to the Board.
6. Consider complaints lodged pertaining to the insurance
services and take the appropriate decisions in this respect
unless seen necessary to refer them to the Board.
7. Issue the necessary decisions as may be authorized pursuant
to the provisions of the law herein.
8. Carry out any other assignments entrusted to him by the
Board.
Article 16
The Director-General may delegate some of his assignments to the
senior managerial employees of the Authority as provided for in the
law herein, provided such delegation shall be specific and in
writing.
Article 17
The executive body of the Authority shall be composed of the
employees appointed or contracted according to the regulations
issued pursuant to the provisions of the law herein.
Article 18
The Authority shall charge annul fees against the supervision and
monitoring and any other fees proposed by the Board, provided a
resolution therefor shall be issued by the Cabinet.
Article 19
The revenues of the authority shall be comprised of the following
resources:
1. Any monies allotted for the Authority by the Government,
2. The fees charged by the Authority,
3. The surpluses of earlier years' budgets,
4. The bequests, grants, donations, and aids accepted by the
Board that in line with the Authority's objectives,
5. Any other resources approved by the Board.
Article 20
The fiscal year of the Authority shall commence on the first day
January and end on thirty first day of December each year.
However, the first fiscal year shall commence as from date of
enforcing the provisions of the law herein and end by the end of
December of the following year.
Article 21
1. The Authority's funds shall be deemed public properties.
2. The Authority shall entertain the exemptions and facilities as
entertained by the Government Ministries and Directorates.
3. Auditing of the Authority's accounts shall be taken over by one
of those certified accounts auditors enlisted in the register of
the operating accounts auditors.
Article 22
The Authority shall maintain reserves equal in amount to twice the
total expenditures of its annual budget and the surpluses thereof
shall be transferred to the State's public treasury.
Article 23
The Board shall issue on a recommendation by the director general
the instructions pertinent to the insurance operations including:
1. The solvency margin and the minimum guarantee fund,
provided the same shall not be less than one third of the
solvency margin taking the international standards into
consideration,
2. The basis of calculating the technical provisions,
3. The standards of re-insurance,
4. The basics of investing the rights of the policyholders,
5. Determining the company's assets that meet the accrued
insuring obligations.
6. The accounting policies to be adopted by the company and the
necessary forms needed to prepare reports and financial
statements and presentation thereof.
7. The principles of organizing accounting books and records of
each of the companies, agents, and brokers and determine
data to be inserted in these books and records.
8. The records which the company shall be obliged to organize
and maintain as well as the data and documents shall be made
available to the Authority.
9. The profession's rules and code of conduct.
10. Anti-money laundering and terrorism financing in the
insurance activities in collaboration with the pertinent bodies.
Chapter Three
Insurance Companies
Section One
The Insurer
Article 24
1. Insurance and re-insurance operations in the State may be
carried out by any of the following entities which are licensed and
registered with the Authority:
A. A public stock company established in the State.
B. A branch of a foreign insurance company
C. An insurance agent
2. A. The prior approval of the Board shall be obtained before
incorporating any insurance company in the State or opening
a branch of a foreign insurance company or carrying out the
operations of an insurance agent.
B. The fiscal year of the company shall commence on the first
day of January and end on the thirty first day of December
each year and as for the first fiscal year it shall commence as
from date of incorporation and end on the thirty first day of
December of the following year.
3. The capital of an insurance company shall not be less than the
minimum limit as determined by the executive regulation of the
law herein.
4. Any insurance contract concluded by a company not duly
registered according to the provisions of the law herein shall be
deemed invalid and the affected party may claim compensation by
reason of so invalidation.
Article 25
1. The company shall not carry out life assurance and funds
accumulation operations together with the operations of
properties and life liability insurances.
2. The existing companies engaged in the two types of
insurance as provided for in Para (1) of the Article herein shall
adjust their situations within five years as from date of enforcing
the law herein. However, the said period may be extended by
resolution of the Cabinet.
3. The existing companies engaged in the two types of
insurance as provided for in Para (1) of the law herein upon
enforcing the provisions of the law herein shall abide by the
directives issued by the Board organizing the operations of each of
these two types of insurances.
Article 26
1. Properties or possessions in existence inside the State or
liabilities resultant thereof shall not be insured with insurance
companies outside the State and as well no mediation in insuring
these properties, possessions or liabilities except with a company
duly registered according to the provisions of the law herein.
2. The insurer may re-insure inside and outside the State.
Article 27
Taking the provisions of the law herein into consideration, the
company may open branches therefor in the State.
Article 28
Insurance policies concluded in the State shall be written in Arabic
and a faithful translation into another language may be attached
therewith and in case of differences over the interpretation of the
policy the Arabic text shall prevail.
The policy's articles releasing the company from the liability shall
be written in bold letters, different color and endorsed by the
insured.
Article 29
The company shall be maintain the number of UAE nationals
working therewith as resolved by the Cabinet.
Article 30
No one shall be a member of the company's Board of Directors, a
general manager or an authorized manager therein should he ever
been:
1. Convicted of a crime or a felony of dishonor, distrust or
public moral or pronounced bankrupt and never been
rehabilitated.
2. Liable according to the Board's discretion for grief violations
of any of the provisions of the law herein or of the companies' law
in his capacity as general manager or board member of one of the
companies including the liability of causing the company to go for
compulsory liquidation.
Article 31
1. The chairman and the members of the board of directors of
the company, its general manager and the authorized manager or
whosoever acting on his behalf or any of the company's managers
or a senior officer shall not:
A. Participate in managing other competing insurance company
or a similar company thereto,
B. Compete the company's operations or do any actions or an
activity that conflicts with the company's interest,
C. Carry out the operations of an insurance agent or a broker,
E. Receive a commission for any of the insurance operations.
2. Whosoever be in charge of the management of the company
or any employee therewith shall not represent any of the
s
Article 32
Efficiency and experience in insurance operations shall be
prerequisites have to be fulfilled by any general manger or
authorized manager and the senior officers of the company. The
company shall provide the Authority with detailed description
thereof implying qualifications and experience of each one as
specified in the executive regulations of the law herein.
Article 33
1. The company shall advise the authority of the names of the
members of its board of directors, general manager or the
authorized manager or any of the senior staff and whether the
position of any one of them vacated. The company shall fill the
vacancy within sixty days as from date of vacating the same and
notify the Director General of the Authority as so.
2. The company's Board of Directors shall provide the Authority
with copies of the minutes of the Board's meetings and its
decisions related to the elections of the company's chairman, his
deputy, and the board's members authorized to sign on behalf of
the company and their specimen signatures within seven days as
from date of issuing these decisions.
3. Should the chairman and the members of the board of
directors lodged their resignations or the Board lost its quorum the
board of directors shall form a provisional committee of
experienced and specialized individuals, appoint a chairman
thereto, a deputy therefor out of its members to take charge of the
company's management, invite the general assembly to convene
within a period not exceeding three months as from date of the
formation of the committee which shall be subject to renewal for a
similar period once only by decision of the Board - in order to elect
the company's new board of directors. The company shall bear
remunerations of the committee as decided by the Board.
Article 34
The company in implementation of the instructions issued by the
Board shall maintain the following:
1. Solvency margin and the minimum guarantee fund associated
with the type of insurance engaged therein.
2. Technical provisions as estimated at the end of each fiscal
year.
3. The reserves need be maintained inside the State.
Article 35
The company licensed to carry out life assurance and fund
accumulation operations shall appoint or approve a registered
actuary within a month as from date of granting the license
thereto, provided reporting the same to the Director General
within a month as from date of appointing or approving the
actuary. The companies licensed prior to implementing the
provisions of the law herein shall adjust their situation to make it
consistence with the provisions of the Article herein within six
months as from date of implementing the provisions of the law
herein.
Article 36
1. The company shall provide any data or information
requested by the Director General on the company per se or on any
company possessively related or associated therewith during the
period as determined by the Director General, in addition to any
data or information submitted by the company to any other
monitoring body and any data or information received by the
company from these bodies on time of occurrence.
2. The company's Board of directors shall invite the Director
General to attend the general assembly meetings before at least
fifteen days as from date of its convention. The Director General
may depute whosoever represents him out of the Authority's
employees in this respect.
3. The Director General may assign one or more of the
employees of the Authority to ascertain or verify at suitable times
any of the company's transactions, records, or documents. The
company shall put any of the aforesaid at the disposal of the so
assigned employee and cooperate with him to enable him to fully
perform his duties.
4. The Director General on basis of the verification performed
pursuant to the provisions of Para (3) of the Article herein shall
appoint experts, consultants, actuaries or accounts auditors to
check the company operations, evaluate the situations and file a
report thereon. The company shall cooperate with them in a
manner that enables them to fully perform their duties. The
company shall bear their remunerations as determined by the
Director General for each one of them.
5. The expert, consultants, actuary or the accounts auditor shall
not disclose to any body whatsoever any information on the
results arrived at according to Para (4) of the Article herein only
after obtaining the written approval of the Board.
Article 37
1. The company shall be obligated to provide the Authority with
a detailed report on its operations signed by the chairman of its
board of directors, the authorized manager or those authorized to
sign on behalf of the company containing company's final annual
accounts and all the related detailed information annexed thereto
including the annual budget, detailed profit and loss accounts of
the two types of insurance in which the company is engaged and
of each branch thereform plus the accounts auditor's report within
a period not to exceed four months as from the end of the fiscal
year. The report shall reach the Authority within at least thirty days
period prior to inviting the company's general assembly to
convene.
2. Should the accounts and data provided for in Para (1) of the
Article herein proved to be not in agreement with the provisions of
the law, and the regulations, rule, directives and decisions issued
pursuant thereof the director general shall request the company's
board of directors make them corrections in order to obtain the
approval thereto before presenting them to the general assembly.
The company's board of directors shall not present the same before
obtaining such an approval.
3. Should the company faces unfavorable financial or
administrative situations or inflicted grief losses affecting the
rights of the insured or the beneficiaries, the company chairman of
the board of directors or its general manager shall forthwith
inform the director general of the Authority as so.
Article 38
1. A. The company shall provide the authority with the
insurance policies' forms and endorsements they have
approved for its operations including the general and special
terms and conditions and the technical basis of these policies
and the premiums rates annexed thereto and as well shall
provide the director general with schedules of the redemption
values of the life assurance policies and funds accumulation
operations and the premiums rates annexed thereto.
B. The director general should the public interest require
or in case of existence of a genuine imperfection may demand
insertion of amendments into these forms within the period he
determines for the purpose. The company may oppose the
amendment and in case no agreement reached the matter shall
be referred to the Board to settle it.
2. The company shall provide the insured and the beneficiaries
with copies of the insurance policies and the related details.
Article 39
The insurance and re-insurance companies registered with the
Authority shall observe the doctrine of disclosure and transparency
in their dealing with their patrons and in respect of all the
documents, papers, bulletins, advertisements, propaganda and
articles and scientific materials of their issue. The Board shall issue
a resolution in respect of the matters must be observed in
implementation the renderings of the Article herein.
Article 40
The accounts auditor shall forthwith file a report to the Authority
with copy thereof to the company's chairman of the board of
directors in any of the following cases:
A. Should he became evident that the financial situation of the
company does not enable it to fulfill its obligations towards the
insured or hinders its capacity to meet the financial requirements
provided for in the law herein and the regulations, rules, directives
and decisions issued pursuant thereto relevant to the financial
situation of the company.
B. Should he became evident that there is grief imperfection in
the company's performance of its financial procedures including
the process of entering the statements into its accounting records.
C. Should he refused or have reservations in respect of any
certificate issued by the company related to its income or its
financial statements.
D. Should he decided to resign or refused to be reappointment
with the company for unusual reasons.
2. The Director General may ask the accounts auditor to furnish
him directly within a specific period with the information needed
to monitor the company's operations.
3. The general assembly of the company, in case the accounts
auditor recommended that the financial statements filed thereto by
the board of directors not to be approved, may resolve either to:
A. return the financial statements to the board of directors
and demand the budget and profit and loss account be
corrected according to the auditor's remarks and deem them
approved following the correction, or
B. refer the matter to the director general to appoint an
expertise committee of account auditors, determine their
remunerations to be borne by the company, to settle the
subject matter of the dispute between the company's board of
directors and its accounts auditors. The decision of the
committee shall be binding after presenting the same once
more to the general assembly for approval. The budget and
the profit and loss account shall be amended as decided by the
committee.
Article 41
The Authority shall conduct periodical inspection of the insurance
and re-insurance companies to ensure safety of the financial
situations, observance of the provisions of the law and the
technical basis of conducting the insurance and re-insurance
operations. Should the Director General came to know through
such inspection or vide sufficient information that one of the
following incidents took place he shall ensure soundness of such
information:
A. That the company did not fulfill its obligations or it's likely to
fall short in doing so or unable to go on with its operations.
B. That the company violated the provisions of the law herein, or
the regulations, rules, directives or the decision issued
pursuant thereto.
C. That the company's procedures needed to re-insure the risks
of its tolerance are inadequate or the company didn't make
these procedures.
D. That the company became devoid of one of the required terms
and conditions for licensing or registration to carry out the
activity of insurance.
E. That the company's total losses exceeded 50% of its paid-up
capital.
F. That the company ceased to carry out its operations for more
than a year without justified or legitimate reason.
2. Should the director general became evident that the said
information are correct he shall ask the company to take certain
procedures to rectify its situations within the period he may
determine and should the company failed to do as so, the director
general shall refer the matter to the Board to take the necessary
actions to rectify these situations; including:
A. Preventing the company from concluding any more insurance
contracts or transacting in certain type or types of insurance.
B. Setting upper limit for the premiums total amounts received
by the company against issuing insurance policies.
C. Retaining assets in the State equal in value to the company's
total net obligations accrued from its operations in the State or
to a certain percentage of their value as determined by the
Board following a recommendation by the Director General.
D. Restricting the company's involvement in any of its
investments activities associated with the solvency margin or
obliging it to liquidate its investments in any of these activities
to serve this purpose unless such action would inflect harms
on the company as decided by the expert specialized in this
respect.
E. Asking the company or the main office of the foreign
insurance company as the case might be to take the necessary
actions to rectify the administrative situation therein including
removing the Director General, the authorized manager or
any of its senior officers away from office.
F. Removing the Chairman of the company's board of directors
or any Board member proved to be liable for the ensuing
situation of the company.
G. Dissolving the company's board of directors, appointing a
provisional neutral administrative committee of experienced
individuals to take its place and as well appointing a chairman
for the committee and a deputy thereof, determining their
responsibilities and powers for a period not to exceed six
months subject to renewal for a period not more than a year in
the cases requiring as so. The company shall bear the fees of
the committee as determined by the Authority and upon
accomplishment of the committee's mission a new board of
directors shall be appointed according to the provisions of the
Law of Commercial Companies.
H. Taking the necessary action to merge the company into
another according to the provisions of the Law of Commercial
Companies.
I. Ceasing or canceling the company's license.
J. Restructuring the company.
K. Liquidating the company.
Insurance Companies' Funds
Article 42
Every insurance company shall deposit into one of the banks
operating in the State a deposit to stand as guarantee for fulfilling
its obligations amounting:
1. Dirham four million for the two types of insurances of life
assurance and fund accumulation operations provided for in
Para (1) of Article (4) of the law herein.
2. Dirham two million for each branch of insurance enlisted
under the two types of insurances of properties and life
liabilities provided for in Para (2) & (3) of Article (4) of the law
herein, provided the total amount shall not exceed Dirham six
million at most regardless of the number of the branches.
According to a resolution by the Cabinet the deposit as provided
for in the preceding two paragraphs may be increased on basis of a
recommendation by the Chairman.
The deposit shall be in the form of money or the equivalent of
shares and bonds of companies incorporated in the State or a
mortgage of a real-estate located therein, subject to the chairman's
consent.
The deposit shall be deposited into one of the banks licensed in the
State in the name of the company and to the order of the chairman
in so capacity. As for the real-estate mortgage, an endorsement
shall be entered into its registration with the Department assigned
for mortgages' registration as an indication for that. The Authority
shall be provided by an official certificate as so. The cash returns of
the deposit (if any) shall be made for the company's interest. By
consent of the Director General the whole deposit or part thereof
shall be replaced by any other form of deposit provided for in the
Article herein in condition that its value shall not be less than the
legal limit of the deposit at the time of replacement.
Article 43
The deposit shall not be disposed off except by a written
permission from the chairman or whosoever authorized by him.
The court of jurisdiction or the committee may order seizure of the
deposit against the debts accrued from the insurance operations of
the company. However, no order shall be given to seize the
deposit against other debts.
The Authority shall request the company to complete the deposit
should it become less than the legally determined limit due to
decrease in the values of the shares, bonds, or real-estates or
impose seizure thereon or on part thereof according to the
provisions of the preceding Para or for any other reason. The
company shall complete the deposit within a thirty day period at
most as from date of the call to complete the deposit.
Article 44
The bank shall not dispose off the deposit by any form or another
except pursuant to a final judicial verdict or by a written
permission from the chairman. The pertinent real estate
registration bodies as well shall not lift off the endorsement
signifying mortgaging of the real-estate kept as a deposit except by
a written permission from the chairman or whosoever he
authorizes.
Article 45
The companies engaged in any of the two insurances types
provided for in Para (1) of Article (4) shall maintain funds
therewith in the State equivalent in their value at least to the total
amount of the special mathematical reserve of the contracts
concluded inside the State or of those executed therein. The
Cabinet on basis of a presentation by the Chairman may decrease
percentage of the reserve to be maintained by the company to no
less than 50%.
These funds shall be fully maintained separate from the monies of
other insurance operations. However, in calculating the said
reserve the deposit provided for in Para (1) of Article (42) of the
law herein shall be taken into consideration in such a manner
whichever the larger shall weigh up.
Article 46
The insurance companies operating at the time of implementing
the law herein shall be given one year grace period as from date of
enforcing the law herein to adjust their situations according to the
provisions of Para (1) and (2) of Article (42) of the law herein. The
Cabinet on recommendation of the chairman may extend the
period for another year.
Licensing
Article 47
1. Incorporation of any insurance company in the State or
opening a branch of a foreign insurance company therein shall not
be only after obtaining a license from the Authority which shall
have the right either to grant it or refuse as may seen fit to the
national economy needs provided that the purpose of the
company shall be carrying out insurance operations. The executive
regulations of the law herein shall determine the documents need
be submitted along with the licensing application.
2. Should licensing be granted on basis of inaccurate
information the license shall be cancelled by decision of the
director general.
Chapter Two
Registration of Insurance Companies & Agents
Article 48
1. Any of the companies provided for in Para (1) of Article (24)
of the law herein shall not carry out insurance operations only
following its inscription in the register according to the provisions
of the law herein and the requisites determined by the executive
regulation of the law herein.
2. Should the registration been granted on basis of inaccurate
information the registration shall be cancelled by decision of the
director general.
Article 49
The company shall not re-insure with another company unless that
other company is duly licensed to carry out the type of insurance
assigned thereto for re-insurance.
Article 50
The Board on basis of the director general's presentation may cease
the company to carry out certain type or types of the insurances of
its practice for a period not exceeding a year and shall notify the
company and the pertinent body given the cessation decision in
any of the following cases:
1. Should the company is in violation of the provisions of the
law herein and the regulations, rules and directives issued
pursuant thereto.
2. Should the company became devoid of any of the terms
needed for the registration according to the provisions of the
law herein.
3. Should the company did not carry out its operations in any of
the insurance types listed with those ones requiring
registration or ceased operating in such a type to carry out for
period of one year.
4. Should the company failed to fulfill its accrued financial
obligations.
5. Should the company refrained to execute a final judicial
verdict related to an insurance contract.
Article 51
1. Should the company within a period not more than one year
as from date of the cessation eliminated the reason led to cease its
operations due to any of the cases provided for in Article (50) of
the law herein, the Board shall issue on basis of a presentation by
the director general a decision approving the company to continue
carrying out insurance operations. The decision shall be
transmitted to the pertinent body and the company.
2. Should the company failed to eliminate the reason led to
cease its operations within a period of one year at most as from
date of the cessation, its license for that type or types of insurances
shall be cancelled by decision of the Board. The decision shall be
transmitted to the pertinent body and the company.
Article 52
1. The procedures related to cessation of operations or
cancellation of one or more of the insurance types and the powers
bestowed upon the director general in this respect shall be
determined by virtue of the decisions issued by the Board for the
purpose.
2. The following shall result from the decision of ceasing the
operations or canceling the license for one or more of the insurance
types:
A. The company shall be prohibited from concluding insurance
contracts of any of those insurance types subject to the
penalties provided for in the law herein.
B. All rights and obligations accrued from the contracts
concluded prior to the cessation of the operations or the
cancellation of the license for that or those types of insurance
shall be deemed proper and valid and the company shall
remain liable therefor.
Article 53
The company which its registration for one or more types of
insurances has been cancelled may file an application to the
director general to re-register it within a period not exceeding one
year as from date of issuing the cancellation decision attached
therewith the documents establishing elimination of the reasons of
that the cancellation. The Board shall issue its decision pertaining
thereto on basis of a presentation by the director general within a
period of two months at most as from date of referring the matter
to the Board.
Article 54
1. Should the company which its registration for all types of
insurance had been cancelled did not file an application for reregistration within the period provided for in Article (53) of the
law herein or the Board rejected the application for re-registration,
the company shall start procedures of voluntarily liquidation
within a month as from the expiry date of such period or from
date of notifying the company of the Board's decision and should
the company did not conduct these procedures the company shall
be liquidated according to the provisions of the law herein.
2. The registration of the company shall be deemed canceled
should a non-compulsory liquidation decision been issued or a
final judiciary verdict of compulsory liquidation been pronounced
thereon or been declared bankrupt.
Chapter Three
Branches of Foreign Insurance Companies
Article 55
1. Branches of foreign insurance companies shall be obliged
before getting registered to appoint an authorized manager for the
branch to carry out insurance operations on their behalf and they
shall be responsible for his actions provided attaching along with
the appointment decision an official documents and an attested
copy thereof in order to be deposited with the Authority
authorizing him to exercise all necessary powers to manage the
branch including the acts of:
A. Issuing insurance policies, making endorsements and paying
the accrued indemnities.
B. Representing the company before the Authority, the courts of
jurisdictions, and all official and non-official bodies in
connection with the branch's operations and management.
C. Receiving of warnings and all notices and correspondences
intended to the company.
2. The branches of the foreign insurance companies shall be
obliged to notify the director general of the name of the so
authorized manager within a month as form date of his
appointment and shall appoint a replacement thereto within a
month as from date of vacating his position.
3. The branches of the foreign insurance companies shall
publish the company's consolidated final accounts in two widely
circulated local daily newspapers issued in Arabic and in one local
daily newspaper issued in English.
Representative Offices of Foreign Insurance Companies
Article 56
1. Representative offices of the foreign insurance companies
shall not carry on their tasks in the State before obtaining a license
for the purpose from the Authority.
2. The Authority shall issue a decision to organize the tasks of
these offices.
3. The licensing applications may be approved or rejected by
decision of the Board and the decision shall be notified to the
relevant bodies.
Chapter Four
Special Provisions related to the Companies of Life assurance
and Funds Accumulation Operations
Article 57
Companies engaged in any of the two types of insurances
provided for in Para (1) of Article (4) of the law herein shall not
discriminate between a policy and another of the same type in
respect of insurance premiums or profit amounts allocated to the
shareholders or the like of other stipulations unless such
discrimination is a result of life expectancy variations in those
policies which life span has an effect therein, with exception of:
1. Re-insurance policies.
2. Insurance policies in amounts with certain discounts
according to the premium rates' schedules communicated to
the Authority.
3. Insurance policies with special terms covering the life of the
members of one-family or group of people professionally or
occupationally related or having any other social relation.
Article 58
The director general may license the company upon its own
request to issue policies at premiums discounted than the usual
should there are justifiable reasons.
Article 59
Companies engaged in either of the two types of the insurances
provided for in Para (1) of Article (4) of the law herein shall
examine the financial status of the related type and assess the
outstanding obligations related thereto at least once every three
years by an actuary.
Such assessment shall include all insurance operations concluded
by the company inside and outside the State one-by-one and
should the activity been conducted by a branch, the assessment
shall be confined to the operations which their contracts been
concluded inside the State or executable therein.
Article 60
The assessment mentioned in Article (59) of the law herein shall be
conducted whenever the company intended to examine its
financial status in order to determine percentage of profits to be
allocated to the shareholders or policyholders or whenever it
intended to make such status public.
The Authority may demand such assessment be conducted at any
time before the lapse of three years provided the lapse of one year
at least as from date of conducting the latest assessment.
Article 61
The executive regulation of the law herein shall determine
statements should be incorporated in the expert's report in respect
to the findings of the examination and the assessment referred to
in Articles (59) & (60) of the law herein.
Article 62
The company shall send the Authority a copy of the expert's report
on the findings of the examination and the assessment referred to
in Articles (59) & (60) of the law herein within six months as from
the expiry of the period for which the examination was conducted
accompanied with the following:
1. A statement of the insurance policies still in effect concluded
by the company inside or outside the State on the date of
conducting the examination and should such an activity been
carried out by a branch of a foreign company the statement
shall include only those policies concluded inside the State or
those ones executable therein.
2. A declaration by those responsible for managing the company
in witness that all statements and information required to get
an exact report have been put under the disposal of the expert.
By decision of the director general following the lapse of the six
months provided for in the Article herein an extension of time may
be given to the company to file the said report provided such
period shall not exceed three months.
Article 63
Should the Authority became evident that the expert's report did
not reflect the reality of the financial status of the company the
Authority may order a re-examination thereof on the company's
own expenses by an actuary to be elected by the Authority for the
purpose.
Article 64
The companies engaged in life assurance and funds accumulation
operations shall not deduct whether directly or indirectly any part
of the funds intended to meet their obligations accrued from the
insurance policies in order to allocate as profits for the
shareholders or the policyholders or to pay any amount other than
their obligations according to the insurance policies they have
issued. Allocation of profits shall be restricted to the surplus funds
as determined by the expert in his report after conducting the
examination referred to in Article (59) of the law herein.
In implementing the provisions of the Article herein the
company's funds inside and outside the State shall be deemed
without prejudice to the provisions of Article (34) of the law herein
as one unit.
Article 65
The companies engaged in life assurance and funds accumulation
operations shall not issue saving bonds for a period exceeding
thirty years and should the bond of a duration of twenty five years
or more the surrender value after the twenty fifth year shall not be
less than the full amount of the mathematical reserve and the
premiums undertaken by the bearer of the saving bonds shall be of
equal amounts or receding.
Article 66
The saving bonds shall include therein invalidation articles to be
used by the company as an argument in face of the bearer to
invalidate the bond for delaying payment of the premium.
The contract, however, shall not be invalidated before lapse of
three months as from the due date of the premium and should the
bond being nominal such period shall not become effective only as
from date of serving a notice on the bearer of the bond by a
registered letter.
Also, it shall be specified in these bonds that the right therein shall
pass to the beneficiaries by reason of the death of the bearer of the
bond without paying any additional monies or imposing any
further provisos.
By decision of the Board based on a recommendation of the
director general other statements need be included in the saving
bond may be specified.
Article 67
In case the company engaged in life assurance and funds
accumulation operations gone bankrupt or in case of liquidation
the due amounts of each holder of a policy with unexpired durtion
shall be estimated to equate the mathematical reserve thereto in
the day of announcing the bankruptcy verdict or the liquidation
decision calculated according to the technical basis of the
premiums' tariff at the time of concluding the policy.
Chapter Five
Insurance & re-insurance Companies Operating in the Free
Zones in the State
Article 68
Insurance companies licensed to operate in the free zones shall not
carry on any activity outside these zones other than the activity of
re-insurance.
Chapter Six
Insurance Agent
Article 69
1. The provisions relevant to the regulation of the insurance
agent's operations and the accrued liabilities thereupon shall be
determined pursuant to decisions or directives to be issued by the
Board for the purpose.
2. No body shall carry out the operations of an insurance agent
only after providing the director general with the agreement he
concluded with the company stated therein him being authorized
as agent therefor. However, the agent shall not act as an agent for
more than one company. He shall fulfill the terms and conditions
provided for in Article (30) of the law herein.
Chapter Seven
Insurance Brokers, Appraisal & loss Adjusters, insurance
Consultants & Actuaries
Article 70
No body shall carry out operations of an insurance broker, a reinsurance broker, an appraisal and loss adjuster, an insurance
consultant, or an actuary only after entering his registration in the
register prescribed for the purpose according to the terms and
conditions as determined by the Board pursuant to the rules
issued for the purpose provided including therein the provisions
determining his responsibility, organizing his operations and
requisites of his registration. However, he shall fulfill the provisos
provided for in Article (30) of the law herein.
Chapter Eight
Reassignment of Insurance Policies & Cessation of Operations
Article 71
The company may reassign the insurance policies it concluded
inside the State, including the rights and obligations associated
with any type of the insurances engaged therein, to another
company or other companies engaged in the same type of
insurance.
Article 72
1. The reassignment application shall be placed to the director
general attached therewith the instruments and documents
establishing the agreement on the reassignment. The director
general shall give directions to publish a notice about the
reassignment in the Gazette just once, in two widely circulated
local daily newspapers issued in Arabic and in one local daily
newspaper issued in English for two consecutive times, on the
applicant own expenses provided that the notice shall include
reference to the right of the policyholders and the beneficiaries
thereof or whosoever interested therein to raise to the director
general an objection to the reassignment within forty five days as
from date of the latest notice specified therein the subject matter of
the objection and the sustaining reasons.
2. The director general shall issue a decision approving the
reassignment should those concerned parties raised no objection
within the period referred to in Para (1) of the Article herein. The
decision shall be published in the Gazette within a month as from
date of its issue and shall be used as an argument in face of the
insured, the beneficiaries and the company's debtors. The funds of
the company shall be relocated to the company which the policies
have been reassigned, taking into accounts the provisions related
to conveyance and reassignment of funds. The reassigned funds
shall be exempted from registration and safekeeping fees imposed
according to laws of conveyance and reassignment of funds.
However, should any objection been raised during the said period,
the reassignment application shall not be finalized only after the
concerned parties reached an agreement or a final verdict been
pronounced in the subject matter of the objection.
Nonetheless, the director general may issue a decision approving
the reassignment provided the company paying an amount
equivalent to its obligations towards the objector including the
expenditures may be needed to maintain any of the company's
assets.
Article 73
The provisions of Articles (71) & (72) of the law herein shall be
applied should any company ceased operating in certain type or
types of the insurances or intended to release its monies need be
maintained inside the State for such type or these types of
insurances following the company submission of an evidence
establishing fulfillment of its obligations towards all policies
concluded inside the State or towards those executable therein of
the type or types which the company decided to cease operating
therein or reassigned these policies to another company in the
manner as stated in Article (71) & (72) of the law herein.
Chapter Nine
Merger, Acquisition, Restructuring and Liquidation Of Companies
Article 74
1. The special provisions on merger stated in the commercial
companies' law shall be applied to mergers of insurance
companies.
2. No merger of an insurance company except into another
insurance company operating in the same type of insurance and
no procedures for merger shall be initiated except after filing an
application for merger to the director general attached therewith
the necessary reports and statements and obtaining the approval
of the Board.
Article 75
1. The director general shall form an assessment committee
participating therein one representative of each company, the
accounts auditors thereof, as well as experts and specialist. The
director general shall appoint one of them as chairman of the
committee.
2. The committee provided for in Para (1) of the Article herein
shall assume assessment of all assets, rights and obligations of the
companies intending merger in order to indicate the shareholders'
net rights on the date set for the merger. The committee shall file
its report to the director general along with the company's
statement of accounts produced as a result of the merger within a
period not to exceed ninety days as from date of referring the
matter thereto. The Board on recommendation of the director
general may extend such period for a similar period in case of
necessity, provided the companies intending merger shall equally
bear remunerations of the assessment committee and in case of
difference thereat these remunerations shall be determined by
decision of the director general. However, director general's
decision in this respect shall be final.
3. The director general shall file the committee's report to the
Board along with his recommendations and should the Board
approve the committee's report, the Board shall form an executive
committee composed of the chairmen and Board members of the
companies intending the merger and the companies' auditors to
handle the excutionary procedures of merger according to the
provisions of the commercial companies' law.
Article 76
1. The companies, the parties of the merger, shall let the
insured review the agreement on which the merger has been
accomplished in order to verify its articles. The agreement shall be
displayed at the main office of each one of these companies for
fifteen days as from date of publishing the decision of merger in
the Gazette.
2. Any interested party shall have the right to raise an objection
before the Board within thirty days as from date of publishing the
decision of merger, provided the objector shall indicate the subject
matter of his objection, the sustaining reasons thereto and
specifically state the damages alleged to be inflicted due to merger.
Should the Board failed to settle the objection for any reason
within thirty days as from date of referring the same thereto the
objector shall have the right to recourse to the court of jurisdiction.
However, these objections or claims filed with the court shall not
cease the decision of merger unless the court orders otherwise.
3. The Board shall issue the instructions relevant to the
procedures of merger and settlement of objections raised thereto in
this respect and all the matters related thereto.
Article 77
1. A. For the purposes of restructuring the company according to
Para (2.J.) of Article (41) of the law herein the Board on basis
of a presentation by the director general may dissolve the
company's board of directors and form a neutral committee to
restructure the company composed of experienced and
specialized individuals and appoint a chairman for the
committee and a deputy thereto for a period not to exceed a
year as from date of issuing a decision thereto. The fees of the
committee as determined by the Board shall be borne by the
company. The committee shall file a monthly report to the
director general on the progress of the restructuring
procedures or whenever so requested.
B. The process of restructuring shall include for the purpose,
managing the company and organizing the staggering
financial affairs through negotiations with all its debtors in
order to determine means to settle debts of the company by
approving a restructuring plan.
2. The committee provided for in Para (1.A.) of the Article
herein shall publish a notice once in the Gazette and for three
consecutive working days in two widely circulated local daily
newspapers issued in Arabic and in a local daily newspaper issued
in English; all at the company's own expenses. The notice shall
include calling all the creditors to file statements of their debts
supported with confirmatory documents within a period not
exceeding thirty days as from date of publishing the latest notice.
However, any statements filed by any creditor upon lapse of such
period shall not be considered.
Article 78
1. Irrespective of the provisions stated in any other legislation,
the execution of any levy whether precautionary or executionary
on the company's funds or assets or any action or execution on
these funds or assets shall stay as from date of issuing the decision
of the restructuring pending occurrence of any of the following
cases:
A. The period provided for in Para 1.A. of Article (77) of the law
herein lapsed in case the restructuring plan has been
approved.
B. The Board issued a decision according to the provisions of the
law herein rejecting the restructuring plan.
C. The creditors rejected the restructuring plan according to the
provisions of the law herein.
D. The Board issued a decision bringing the restructuring
procedures to halt according to the provisions of the law
herein.
2. Computing of the time limit to deny hearing of legal
proceedings by reason of time-lapse shall cease in connection with
the procedures provided for in Para (1) of the Article herein.
Article 79
1. The committee shall prepare its report on the restructuring
plan within a period not exceeding fifteen days as from date of
substantiating the debts therewith and call the creditors to
approve the plan by publishing a notice in two widely circulated
local daily newspapers issued in Arabic and in a local daily
newspaper issued in English, provided the same be approved by
creditors representing no less than three quarters of the nonpreferred and non-mortgage warranted debts.
2. A. in case the creditors approved the plan according to the
provisions of Para (1) of the Article herein, the committee shall
present the plan to the general manger whose in turn shall
refer it to the Board along with his recommendations.
B. In case the creditors rejected the plan prepared according to
the provisions of Para (1) of the Article herein, the committee
shall file a report thereon to the director general who shall
refer it along with his recommendations to the Board to take
the necessary action according to the provisions of Para (2) of
Article (41) of the law herein.
3. The Board may approve or disapprove the plan presented
according to Para (1) of the Article herein; in case of approval the
procedures of restructuring shall proceed and in case of
disapproval the Board shall decide about the suitable procedure to
be taken according to the provisions of Para (2) of Article (41) of
the law herein.
4. Following the accomplishment of the restructuring a new board
of directors shall be elected according to the provisions of the
commercial companies' law.
Article 80
1. Should the Board became evident that the situations of the
company are staggering still despite applying the restructuring
plan or the restructuring is ineffective, the Board may decide to
cease the restructuring procedures and take the suitable
procedures according to the provisions of Para (2) of Article (41) of
the law herein.
2. The Board on basis of a presentation by the director general
may issue the necessary directives to repeat the restructuring and
all the matters related thereto according to the provisions of the
law herein.
Chapter Ten
Liquidation of the Company
Article 81
1. The provisions stated in the law herein, the rules and
decisions issued pursuant thereto shall apply in case of liquidating
the company. The liquidation shall be conducted by one liquidator
or more to be appointed by the general assembly by the ordinary
majority whereby the company's decisions are being issued.
Should the liquidation been on basis of a verdict, the Court shall
specify method of liquidation and appoint the liquidator.
The decision of appointing the liquidator shall be determined
therein his fees and powers coupled with commitment him to
submit a guarantee should the matter necessitated. Should the
liquidator's fees are not determined in the appointing decision the
fees shall be determined by the court of jurisdiction.
2. The decision of appointing the liquidator shall be announced by
insertion in the trade register and publishing in two widely
circulated local daily newspapers issued in Arabic and a local
daily newspaper issued in English within a week period at most as
from date of the announcement. However, such an appointment
shall not be used as an argument in face of the others except as
from date of the announcement.
3. The powers of the board of directors shall end when the
company starts the liquidation phase. However, the entities of the
company shall remain in existence during the period of
liquidation, provided their powers shall be confined to the
liquidation operations that fall within the domain of the
liquidators.
Article 82
1. Any interested party shall have the right to appeal against
the decision issued by the company's general assembly appointing
the liquidator before the court of jurisdiction within forty days as
from date of entering the decision in the trade register.
2. The appeal made according to Para (1) of the Article herein
shall not cease the liquidation procedures unless the court decides
otherwise.
Article 83
The liquidator shall be dismissed in the same manner of his
appointment. Any decision or verdict to dismiss the liquidator
shall include appointing whosoever will take his replace. The
dismissal of the liquidator shall be announced by entrance in the
trade register and publishing in two widely circulated local daily
newspapers issued in Arabic and a local daily newspaper issued in
English. Such dismissal shall not be used as an argument in face of
the others except as from date of the announcement.
Article 84
The following shall result from the decision of liquidation:
1. The liquidator will add the expression "under liquidation" to the
name of the company on all its papers and correspondences.
2. Cessation of any signing authorization or powers issued by
any body in the company. The liquidator shall solely be
qualified to grant any signing authorization or powers
required for the procedures of liquidation.
3. Cessation of computing the time-lapse barring hearing of
claims of any rights or claims whether exiting or due to the
company for a period of one year as from date of issuing the
decision of liquidation.
4. Cessation of the legal proceeding and procedures filed by or
against the company for a period of six months unless the
court decides to proceed therein before the end of such a
period; taking the provisions of Para (5) of the Article herein
into consideration.
5. Cessation of the proceeding of any procedural or excutionary
processes against the company except should it be upon
request of a mortgagee and related to the mortgaged fund per
se, then all these processes shall cease or denied acceptance for
a period of six months as from date of issuing the decision of
liquidation.
Article 85
The liquidator may take all the necessary decisions and procedures
he may see necessary to accomplish the procedures of liquidation
including:
1. Managing the company's operations to the extent required for
the liquidation procedures.
2. Taking inventory of all assets and chattels of the company in
collaboration with the board of directors which shall
undertake to deliver the company's funds, books and
documents to the liquidator.
3. Appointing any of the experts and individuals to assist him to
accomplish the procedures of liquidation or appointing a
special committee and delegate thereto any of the tasks and
powers entrusted to him and issuing the necessary decisions
to accomplish the procedures of liquidation.
4. Hiring one lawyer or more to represent the company under
liquidation in any of the legal claims or procedures related
thereto.
Article 86
Irrespective of any agreement otherwise, the liquidator may take
all the necessary procedures he may see necessary to protect the
company's rights including:
A. Canceling any action, rescinding any agreement concluded by
the company or retrieving any amount paid by the company
during the three months prior to issuing the decision of
liquidation should that constitute preferring certain body over
the creditors of the company. The period shall be one year
should the company happened to be in possessive relation or
associated with that body. The preferentiality shall be deemed
realized should the action or the procedure done without
indemnity or with partial indemnity or involved assessment
of a fund or right in a value other than the real or in a value
other than the regular in the market.
B. Canceling any action or rescinding any agreement concluded
by the company with any body possessively related or
associated therewith or retrieving any amount paid by the
company to either of them during the three months prior to
issuing the decision of liquidation.
C. Concluding an agreement with any of the creditors of the
company on the method of paying or installing any amounts
or debts accrued therefrom.
D. Terminating the service of any of the company's employee
and paying his dues.
E. Terminating any contract concluded by the company with any
body before it expires.
2. The liquidator shall take any of the procedures referred to in
Para (1) of the Article herein by a written notice to be served on the
relevant person. These procedures may be appealed against before
the court of first instance where under its jurisdiction the
company's main office falls during thirty days as from date of
notifying the person.
Article 87
1. All mortgages and warrantees in connection with any of the
funds or rights of the company made before three months as from
date of issuing the decision of liquidation shall be deemed null and
void. The said period shall be one year should the mortgages and
warrantees were in favor of somebody possessively related to the
company or associated thereto.
2. Every decision imposing a levy on any fund or right of the
company prior to the issue of the decision of liquidation shall be
deemed cancelled unless the decision was issued upon request of
mortgagee or related to mortgaged fund.
Article 88
For the purposes of the Article (86) & (87) of the law herein an
individual shall be deemed associated with the company in any of
the two cases:
1. Should the individual being an administrator in the company
or having joint business interest with an administrator therein.
2. Should the individual being a spouse of an administrator in
the company or a relative up to the third degree of that
administrator or spouse thereof or having joint business
interest with any one of them.
Article 89
Taking the provisions of the legislations prevailing in the State into
consideration, the liquidator may fulfill the company due debts
and sell its properties whether in form of chattels or real-estate in
public auction or by any other mean unless specified in his
appointment letter that sales to be conducted in particular manner.
However, the liquidator shall not sell the company's possessions in
one lot except by permission of the general assembly.
Article 90
1. Taking into consideration the provisions relevant to the
insured and the beneficiaries of the insurance policies, the
liquidator shall publish within thirty days as from date of issuing
the decision of liquidation a notice in a clearly visible space in two
widely circulated daily local newspapers issued in Arabic and in a
daily local newspaper issued in English advising the creditors of
the necessity of presenting their claims against the company
whether being due or not within two months should they are
residing inside the State and three months should they are residing
outside it.
2. The notice shall be republished in the same manner
immediately after lapse of fourteen days as from date of
publishing the first notice. The time-lapse period of the claims
shall be computed as from date of publishing the first notice.
3. Should the liquidator or the court of jurisdiction became
convinced that there is a legitimate excuse for the creditor failure
to present his claim during the period specified in Para (1) of the
Article herein such period shall be extended for another three
month at most.
4. The period as from date of issuing the decision of liquidation
up to date of publishing the first notice mentioned in Para (1) of
the Article herein shall not be computed within the period
determined to bar hearing of the creditors' claims of any rights or
claims towards the company under liquidation.
Article 91
1. Taking Para (2) of the Article herein into consideration, the
liquidator shall issue, within three months as from date of issuing
the decision of liquidation, the notices indicated here below unless
there are justifying reasons to go beyond this period, provided the
whole period shall not exceed six months:
A. Notice with an acknowledgment receipt to each of the insured
or the beneficiary of the insurance policy indicating extent of
his rights and obligations.
B. Claim notice with an acknowledgment receipt to each debtor
indicating amount of debts and obligations owed to the
company.
2. An objection against the notice mentioned in Para (1) of the
Article herein may be placed to the liquidator within thirty days as
from date of serving the notice on the intended party and should
no objection been placed during the period, the insured or the
beneficiary shall be deemed to have recognized the contents of the
notice.
3. The period determined to hear the claim filed pursuant to
the provisions of Para (2) of the Article herein shall cease.
4. Should the claim's notice issued by the liquidator to the
debtor according to the provisions of Para (1.B.) of the Article
herein became final and decisive the liquidator may make
settlement with the debtor or use the notice against him by virtue
of the provisions of the prevailing laws.
Article 92
1. A. The liquidator shall issue his decisions in respect of the
claims and objections submitted to him according to the
provisions of Articles (91) & (92) of the law herein within a
period not to exceed six months as from date of submission.
B. should the liquidator didn't issue his decision within the
period specified in Sec. (A) of the Para herein the claims and
objections shall be deemed legally rejected.
2. Any interested party may file an objection before the court of
first instance where under its jurisdiction the company's main
office falls against the decision issued by the liquidator according
to the provisions of Para (1) of the Article herein within thirty days
as from date of notifying the intended party of the decision or
within thirty days as from lapse of the six months period referred
to in Sec. (1.A) of the Article herein whichever is shorter.
Article 93
Irrespective of any other legislation the liquidator may file a
petition to the competent court of first instance to impose a
precautionary levy on any funds belonging to the company's
debtors or take any precautionary or urgent measures against
them according to the provisions of the prevailing legislations
taking the following into account:
1. The liquidator shall be exempted from attaching a guarantee
with his petition.
2. The liquidator has served a claim notice on the debtor when
he filed the petition referred to herein or will serve the same
within the eight days following the issue of the decision. Such
notice shall stand in place of the subjective claim need be filed
according to the provisions of the Civil Procedures Law.
Article 94
1. No creditor, debtor, insured, or beneficiary shall be entitled
to file a claim against the company under liquidation after issuing
the decision of liquidation except according to the principles and
procedures provided for in the law herein.
2. Taking the provisions of Para (1) of the Article herein into
consideration anybody inflicted harms due the liquidator actions
or procedures may file according to the prevailing laws an
objection before the court of first instance where under its
jurisdiction the company's main office falls. The court may uphold,
nullify, or amend these actions and procedures.
Article 95
Irrespective of the provisions of any other legislation the
company's due debts and obligations shall be paid according to
the following order:
1. The due entitlements of the staff and employees for the last
four months.
2. The costs and expenditures borne by the liquidator and the
loans he obtained.
3. The rights of the insured and beneficiaries of the insurance
policies. The liquidator shall be obligated to allot the
company's assets that represent the technical provisions
required to be maintained according to the provisions of the
law herein to pay these obligations and any monies acquired
by the company according to any arrangements of reinsurance shall be deemed part of the technical provisions.
4. The rights of the other debtors by order of preferences
according to the prevailing laws.
5. The rights of the shareholders.
Article 96
1. The liquidator shall submit to the general assembly every six
months a provisional account of the liquidation course of action
and disclose any information or details required by the partners
about the liquidation's state of affairs. He shall accomplish his
mission within the period specified in his appointment letter and
should no period been specified any partner may file the matter to
the court of jurisdiction to determine a period for the liquidation.
2. The liquidation's period shall not be extended except by
decision of the general assembly after considering the report of the
liquidator indicated therein the reasons that hindered
accomplishing the liquidation on time. Should the period of
liquidation been determined by the court the same shall not be
extended save by its permission.
Article 97
1. The liquidator shall submit upon accomplishing the
liquidation a final account to the general assembly about the
processes of liquidation. The liquidation processes shall end upon
approving the final account.
2. The liquidator shall declare the liquidation accomplished in the
trade register and publish an announcement in two widely
circulated local daily newspapers issued in Arabic and in one local
daily newspaper issued in English and that shall not be used as an
argument in face of the others only as from date of such an
announcement. The liquidator following the accomplishment of
the liquidation shall file an application to write the company off
the register.
Article 98
1. A. Serving any notice or decision issued by the liquidator
according to the law herein to the intended person shall be
made by handing the same to him personally or to whosoever
legally represent him or by posting it with an
acknowledgement receipt to his last address as maintained by
the company under liquidation.
B. Each notice sent pursuant to the Article herein shall be
deemed duly handed to the consignee should that person
refused to receive it.
2. Should it became difficult to serve the notice according to the
provisions of Para (1) of the Article herein the liquidator shall
serve the notice by publishing it in two of widely circulated local
daily newspapers issued in Arabic and in one local daily
newspaper issued in English at least twice. The publishing fees
shall be on the intended person own expenses and such publishing
shall be deemed legal notice in all aspects.
Chapter Eleven
Emirate Insurance Society
Article 99
1. The insurance and re-insurance companies subject to the
provisions of the law herein may establish a trade union to be
called "Emirate Insurance Association" entertaining the status of a
legal person and all the insurance companies operating in the State
shall be members of the Association.
2. The Association shall look after the interests of the holders of
the insurance policies and the beneficiaries thereof as well as the
interests of its members and shall implement the rules of
professional conduct and represent the insurance companies
before any entity or individual in connection with the insurance
operations.
3. The Association upon getting the Authority's approval shall
issue a special regulation to determine pursuant thereto the
Association's duties, responsibilities, its relation with the Authority,
the rules and procedures of its general assembly, formation of the
board of directors, meetings of each one of them, affiliation fees,
annual subscription fees, rules of professional conduct, the
disciplinary procedures of the members and other related affairs.
Chapter Four
Penalties
Article 100
A fine of no less than two hundred and fifty thousand Dirhams
and no more than one million Dirhams shall be imposed on
anybody who violated the provisions of Paras (1) and Sec. (2.A.) of
Article (24), Article (25) and Article (49) and the Sec. A of Para(2)
of Article (52) and Para (1) of Article (56), Article (68) and Para (2)
of Article (69) and Article (70), and Para (1) of Article (72) of the
law herein.
Article 101
A fine of no less than fifty thousand Dirhams and no more than
two hundred fifty Dirhams shall be imposed on anybody who
violated the provisions of Paras (1), (2), (3), (4), (5), (6), (9) and (10)
of Article (23), Article (34) and Paras (1) and (5) of Article (36), and
Article (37), and Article (40) and Article (116) of the law herein.
The same penalty shall be imposed on the liquidator who violated
any of the obligations ordained on him according to the provisions
of the law herein, and the regulations, rules, and directives issued
pursuant thereto. The fine shall be doubled in case of repeating the
violation.
Article 102
A fine of no less than a hundred thousand Dirhams and no more
than two hundred Dirhams shall be imposed on anybody who
violated the provisions of Article (30), Article (35), Article (59),
Article (64), Article (66), Article (73), and Para (2) of Article (74),
Para (1) of Article (76), and Para (2) of Article (117), of the law
herein.
The same fine as well shall be imposed on anybody who refused to
provide the Authority with the documents, information, and
statements need be submitted according to the provisions of the
law herein, the regulations, rules, and directives issued pursuant
thereto or obstructed or hindered the Director General or
whosoever he authorized to execute his duties and powers stated
in the provisions of the law herein, the regulations, rules, and
directives issued pursuant thereto or interfered to prohibit them to
obtain the information needed to execute their duties or abstained
from providing them with these information or fallen short to
provide them therewith within the limited period. The fine shall
be doubled in case of repeating the violation.
Article 103
A fine of no less than twenty five thousand Dirhams and no more
than fifty thousand Dirhams shall be imposed on anybody who
violated the provisions of Article (31), Article (60), Article (62), and
Article (65) of the law herein.
Article 104
A fine of no less than ten thousand Dirhams and no more than
fifty thousand Dirhams shall be imposed on anybody who
violated the provisions of Article (28) and Article (32), the SubPara (A) of Para (1) and Para (2) of Article (38), and Para (1) of
Article (48) and Article (110) of the law herein.
Article 105
A fine of no less than five thousand Dirhams and no more than
fifty thousand Dirhams shall be imposed on anybody who
violated the provisions of Para (7) & Para (8) of Article (23), Article
(33), Article (39), and Article (55) of the law herein.
Article 106
A fine of no less than five thousand Dirhams and no more than ten
thousand Dirhams shall be imposed on anybody who violated any
other provisions of the law herein.
Article 107
The penalties stated in the law herein shall be doubled in case of
recurrence and as well the court in such case may write off the
company.
Article 108
The crimes stated in the law herein shall be punishable by the
penalties indicated therein without prejudice to any other harder
penalties provided for in any other law.
Article 109
The Minister of Justice in collaboration with the Minister shall
issue a decision to assign the Authority's employees who shall have
the capacity of law enforcement officers in the field of
implementing the provisions of the law herein.
Chapter Five
General Provisions
Article 110
The company shall make clarifications about the complaints
received by the authority from the policyholders, the beneficiaries
thereof and others pertaining to the insurance operations
conducted by the company inside the State.
Article 111
The companies in existence upon enforcing the provisions of the
law herein shall be obliged to adjust their situations according to
the provisions thereof and the regulations and directives issued
pursuant thereto within the period determined by the Board,
provided such period shall not exceed two years as from date of
implementing the provisions of the law herein.
Article 112
Should the company failed to adjust its situations according to the
provisions of article (111) of the law herein its registration shall be
cancelled by decision of the Board.
Article 113
Any natural person carrying out operations of insurance agent,
insurance broker, loss and damage adjuster, insurance consultant
or actuary shall be obligated upon enforcing the provisions of the
law herein to adjust his situation according to the provisions
thereof and according to the regulations and rules pursuant
thereto within the period determined by the Board, provided such
period shall not exceed a year as from date of implementing the
provisions of the law herein, otherwise his registration or license
as might be the case shall be deemed lawfully cancelled and shall
be prohibited from carrying out the operations of insurance subject
to punishment according to law.
Article 114
1. Irrespective of what has been mentioned in any other
legislation electronic data or printouts of the computers,
correspondences generated by telex, fax, and e-mail shall be
deemed suitable as proof of evidence should the legislative
regulations relevant thereto been adhered to.
2. The companies may keep for the period determined by law
microcopies (microfilm or other device of modern technology)
instead of the original books, records, lists, documents,
correspondences, telegrams, notices and other papers related to its
financial operations. These microcopies copies shall have similar
supremacy as proof of evidence according to the legislative
regulations which a decision issued therefor.
3. The companies which are using in organizing its financial
operations computers or other modern technological devices shall
be exempted from organizing the commercial books needed
according to the Commercial Transactions Law. Statements
extracted from these devices or from other modern technological
devices shall be deemed same as those statements extracted from
the commercial books, provided compliance of the insurance
companies with the established legislative regulations in this
respect.
Article 115
All ministries, government directorates, public enterprises, and
companies therein the government is having stakes which benefit
from the insurance operations shall be required to present any
statements or information related to the insurance operations they
concluded as may be requested by the Director General within the
period he determined.
Article 116
The insurance agent, broker, re-insurance broker, the actuary, the
loss and damage adjusters, and the insurance consultant subject to
the provisions of the law herein shall be obligated to present any
statements or information as may requested by the Director
General within the period he determined.
Article 117
1. The Director General shall notify the concerned bodies or the
pertinent authorities as might be the case of the decisions related
thereto issued by the Board or by him personally.
2. The Director General shall publish the decisions related to
the registration's suspension, cancellation, or restoration or the
decisions related to companies' merger, acquisition, restructuring,
liquidation, or termination in the Gazette, in two widely circulated
local daily newspapers issued in Arabic and in one newspaper
issued in English on the company's own expenses.
Article 118
The provisions of the Law of Commercial Companies shall not
apply to the insurance operations only to the extent the provisions
thereto do not contradict the provisions of the law herein, and the
regulations, rules, directives, and decisions issued pursuant
thereto.
Article 119
1. The Cabinet shall issue the following regulations needed to
implement the provisions of the law herein:
A. Fees charged pursuant thereto.
B. Minimum amount of the company's capital.
C. The Authority's human resources regulations.
2. The Board shall issue regulations, rules and directives
necessary to implement the provisions of the law herein.
Article 120
The employees whom the Minister decided to transfer from the
Ministry shall be transferred to the Authority in the same scale,
with all their rights and entitlements, provided their statues shall
be adjusted according to the provisions of the regulations of the
Authority's human resources' affairs without prejudice to the
salaries and allowances they are receiving.
Article 121
The employees of the Authority shall be subjected to the laws and
regulations of the Civil Service as applied in the Federal
Government pending the issue of the regulations of human
resources designated for the Authority.
Article 122
The Federal Law No. 9 of 1984 on insurance companies and
brokers referred to herein shall be cancelled and while no
contradiction with the provisions of the law herein the executive
regulation and the decisions issued thereby shall remain valid
pending the issue of the executive regulation necessary to
implement the provisions of the law herein.
Article 123
Any provision in conflict or contradiction with the provisions of
the law herein shall be canceled
.
Article 124
The law herein shall be published in the Gazette and be effective
after six months as from date of publication.
Khalifa Bin Zayed Al Nahayan
President
United Arab Emirates
Issued by us at the Presidential Palace in Abu Dhabi
On: 21st Maharam 1428 Hijri
Corr.: 15th February 2007
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