The Friendly Societies (Authorisation) Regulations 1993

Statutory Instruments

1993 No. 99

FRIENDLY SOCIETIES

The Friendly Societies (Authorisation) Regulations 1993

Made

21st January 1993

Laid before Parliament

25th January 1993

Coming into force

19th February 1993

The Friendly Societies Commission, with the consent of the Treasury, in exercise of the powers conferred upon it by paragraph 2(2) of Schedule 13 and section 121(3) of the Friendly Societies Act 1992(1) and all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Friendly Societies (Authorisation) Regulations 1993, and shall come into force on 19th February 1993.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1992 Act” means the Friendly Societies Act 1992;

“class”, in relation to insurance business, has the meaning given in section 43 of the 1992 Act;

“deposit back arrangement”, in relation to any contract of reinsurance, means an arrangement whereby an amount is deposited by the reinsurer with the cedant;

“direct insurance business” means insurance business that is not reinsurance business;

“information” includes proposal and financial forecast;

“mathematical reserves” means the provision made by the society to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangements) arising under or in connection with contracts for long term business;

“minimum guarantee fund” means the minimum guarantee fund referred to in Regulation 5 of the Friendly Societies (Insurance Business) Regulations 1993(2);

“premium” includes a contribution in respect of an insurance benefit and the consideration for the granting of an annuity;

“qualifying bodies” has the meaning given by section 13(2) of the 1992 Act;

“required margin of solvency” means the margin of solvency to be maintained by the society under section 48 of the 1992 Act;

“Schedule” means Schedule to these Regulations;

“society” means an incorporated friendly society or a registered friendly society applying for authorisation under section 32 of the 1992 Act to carry on insurance or non-insurance business as an incorporated friendly society;

“the valuation regulations” means Parts IV and V of the Friendly Societies (Insurance Business) Regulations 1993.

(2) In these Regulations, unless the context otherwise requires—

(a) references to an actuary, appointed actuary or appropriate actuary shall have the same meaning as they have in section 119 of the 1992 Act;

(b) references to insurance business, long term business, general business, or reinsurance business shall have the same meaning as they have in section 117 of the 1992 Act; and

(c) references to non-insurance business shall have the same meaning as they have in section 119 of the 1992 Act.

(3) References in Schedule 2 to general and special policy conditions do not include specific conditions intended to meet, in an individual case, the particular circumstances of the risk to be covered.

Application

3.  These Regulations shall apply to an application for authorisation to carry on insurance or non-insurance business as an incorporated friendly society under section 32 of the 1992 Act.

Authorisation: submission of information

4.  The information to be submitted pursuant to paragraph 2(2) of Schedule 13 to the 1992 Act shall be—

(a) for an application for authorisation to carry on long term business, the information specified in Schedule 1,

(b) for an application for authorisation to carry on general business, the information specified in Schedule 2, and

(c) for an application for authorisation to carry on non-insurance business, the information specified in Schedule 3.

In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on

Michael Cook

Secretary to the Commission

18th January 1993.

We consent to these Regulations

Irvine Patnick

Nicholas Baker

Two of the Lords Commissioners of Her Majesty’s Treasury

21st January 1993

Regulation 4

SCHEDULE 1 INFORMATION TO BE SUBMITTED: LONG TERM BUSINESS

Application

1.  Subject to pararaphs 2 and 3 below, the information specified in paragraphs 4—25, where applicable, shall be submitted by each society.

2.  Where a society applies for an extension of its current authorisation, the information specified in paragraphs 6, 7, 8, 9, 11, 15, 16, 17, and 18 is required only in respect of the classes, or any part of a class, of insurance business not included in its current authorisation but for which authorisation is being sought.

3.  A society shall not be required to submit the information specified in paragraph 23 or 24 where the Commission already possesses that information.

Classification of business

4.  Particulars of the following—

(a) the classes, or any part of a class, of insurance business and the descriptions of non-insurance business (if any) for which the society is already authorised, and those classes, or part of a class, which it wishes to be included in the new authorisation; and

(b) the parts of the United Kingdom covered by the society’s existing authorisation and those which it wishes to be covered by the new authorisation.

Solvency

5.  A statement showing the amount by which the assets are expected to exceed liabilities at the date of authorisation (after application of the valuation regulations) and how calculated.

Scheme of operations

6.  The sources of business (for example, insurance brokers, agents, own employees or direct selling), the approximate percentage expected from each source and the commission rates payable.

7.  The nature of the commmitments which the society proposes to take on and the general and special policy conditions which it proposes to use.

8.  The technical bases that the appropriate actuary proposes to employ for each class of business, including the data needed to calculate premium rates and mathematical reserves.

9.  The guiding principles as to reinsurance including the society’s maximum retention per risk or event after all reinsurance ceded and the names of the principal reinsurers.

10.  The assets which represent or will represent the minimum guarantee fund being assets admissible under and valued in accordance with the valuation regulations.

11.  The estimated cost of installing the administrative services and organisation for securing business, and the financial resources intended to cover those costs.

Projections

12.  For each of the first three financial years following authorisation—

(a) a forecast balance sheet (on both optimistic and pessimistic bases);

(b) a plan (on both optimistic and pessimistic bases) setting out detailed estimates of income and expenditure in respect of direct insurance business and reinsurance cessions; and

(c) estimates relating to the financial resources intended to cover underwriting liabilities and the required margin of solvency.

13.  The technical bases used to calculate the forecast and estimates specified in paragraph 12, and the factors used to determine the level of the required margin of solvency assumed for the purposes of paragraph 12(c).

Other information

14.  A description of the society’s overall investment strategy including a statement showing the types of investments which are expected to represent the insurance funds and the estimated proportion which will be represented by each type of investment.

15.  Copies or drafts of reinsurance treaties.

16.  Copies or drafts of any standard agreements with brokers or agents.

17.  Copies or drafts of any agreements with persons (other than employees of the society) who manage or will manage the business of the society.

18.  A certificate by the appropriate actuary that—

(a) he considers the premium rate to be suitable;

(b) he considers the financing of the society to be sufficient to cover both technical reserves and the required margin of solvency during the first three financial years following authorisation; and

(c) he is satisfied that the information provided under paragraphs 7, 9, 12 and 13 above is based on reasonable principles.

19.  A statement made jointly by each member of the committee of management, the secretary and the chief executive that the affairs of the society are directed in accordance with the criteria of prudent management set out in section 50(3) of the 1992 Act and will continue to be so directed.

20.  A personal questionnaire (available from the Commission) requiring biographical information and disclosure of interests signed and completed by each of the following—

(a) the chairman of the committee of management;

(b) the chief executive; and

(c) the secretary.

21.  Name and address of the society’s bankers, solicitors, appropriate actuary, auditors, and investment advisers.

22.  Name and registered office of any subsidiary or jointly controlled body and particulars of any plan to form or to take part in forming or to acquire control or joint control of any qualifying body, including particulars of the current and proposed activities (by reference to Schedule 7 of the 1992 Act) of any such subsidiary, jointly controlled body or qualifying body and the approximate date of formation and commencement of its activities.

23.  Where the society carries on both long term and general business, particulars of the classes, or any part of a class, of insurance business carried on by the society on 15th March 1979.

24.  Particulars of any commercial business other than insurance business which the society carries on (stating, in relation to any savings business, whether the society was carrying on long term business and the savings business on 15th March 1979).

25.  A declaration by the secretary that the information provided in the application for authorisation is to the best of his knowledge and belief accurate.

Regulation 4

SCHEDULE 2 INFORMATION TO BE SUBMITTED: GENERAL BUSINESS

Application

1.  Subject to paragraphs 2 and 3 below, the information specified in paragraphs 4—23, where applicable, shall be submitted by each society.

2.  Where a society applies for an extension of its current authorisation, the information specified in paragraphs 6, 7, 8, 9, 11, 14, 15 and 16 is required only in respect of the classes, or any part of a class, of insurance business not included in its current authorisation but for which authorisation is being sought.

3.  A society shall not be required to submit the information specified in paragraph 21 or 22 where the Commission already possesses that information.

Classification of business

4.  Particulars of the following—

(a) the classes, or any part of a class, of insurance business and the descriptions of non-insurance business (if any) for which the society is already authorised, and those classes, or any part of a class, which it wishes to be included in the new authorisation; and

(b) the parts of the United Kingdom covered by the society’s existing authorisation and those which it wishes to be covered by the new authorisation.

Solvency

5.  A statement showing the amount by which the assets are expected to exceed liabilities at the date of authorisation (after application of the valuation regulations) and how calculated.

Scheme of operations

6.  The sources of business (for example insurance brokers, agents, own employees or direct selling), the approximate percentage expected from each source, and the commission rates payable.

7.  The nature of the commitments which the society proposes to take on and the general and special policy conditions which it proposes to use.

8.  The tariffs which the society proposes to apply for each category of business.

9.  The guiding principles as to reinsurance including the society’s maximum retention per risk or event after all reinsurance ceded and the names of the principal reinsurers.

10.  The assets which represent or will represent the minimum guarantee fund being assets admissible under and valued in accordance with the valuation regulations.

11.  The estimated cost of installing the administrative services and organisation for securing business, and the financial resources intended to cover those costs.

Projections

12.  For each of the first three financial years following authorisation—

(a) a forecast balance sheet;

(b) estimates relating to expenses of management (other than costs of installation) and in particular to current general expenses and commissions;

(c) estimates relating to premiums or contributions both gross and net of reinsurance and to claims (after all reinsurance recoveries);

(d) estimates relating to the financial resources intended to cover underwriting liabilities and the required margin of solvency.

Other Information

13.  A description of the society’s overall investment strategy including a statement showing the types of investments which are expected to represent the insurance funds and the estimated proportion which will be represented by each type of investment.

14.  Copies or drafts of reinsurance treaties.

15.  Copies or drafts of any standard agreements with brokers or agents.

16.  Copies or drafts of any agreements with persons (other than employees of the society) who manage or will manage the business of the society.

17.  A statement made jointly by each member of the committee of management, the secretary and the chief executive that the affairs of the society are directed in accordance with the criteria of prudent management set out in section 50(3) of the 1992 Act and will continue to be so directed.

18.  A personal questionnaire (available from the Commission) requiring biographical information and disclosure of interests signed and completed by each of the following—

(a) the chairman of the committee of management;

(b) the chief executive; and

(c) the secretary.

19.  Name and address of the society’s bankers, solicitors, appropriate actuary, auditors, and investment advisers.

20.  Name and registered office of any subsidiary or jointly controlled body and particulars of any plan to form or to take part in forming or to acquire control or joint control of any qualifying body, including particulars of the current and proposed activities (by reference to Schedule 7 of the 1992 Act) of any such subsidiary, jointly controlled body or qualifying body and the approximate date of formation and commencement of its activities.

21.  Where the society carries on both long term and general business, particulars of the classes, or any part of a class, of insurance business carried on by the society on 15th March 1979.

22.  Particulars of any commercial business other than insurance business which the society carries on (stating, in relation to any savings business, whether the society was carrying on long term business and the savings business on 15th March 1979).

23.  A declaration by the secretary that the information provided in the application for authorisation is to the best of his knowledge and belief accurate.

Regulation 4

SCHEDULE 3 INFORMATION TO BE SUBMITTED: NON-INSURANCE BUSINESS

Application

1.  The information specified in paragraphs 2—16, where applicable, shall be submitted by each society.

Classification of business

2.  Particulars of the following—

(a) the descriptions of non-insurance business and classes, or any part of a class, of insurance business (if any) for which the society is already authorised and those descriptions which the society wishes to be included in the new authorisation; and

(b) the parts of the United Kingdom covered by the society’s existing authorisation and those which it wishes to be covered by the new authorisation.

Solvency

3.  Where any solvency requirements imposed by or under the 1992 Act are applicable to the society, a statement showing the amount by which the assets are expected to exceed liabilities at the date of authorisation (after application of the valuation regulations) and how calculated.

Scheme of Operations

4.  The sources of business (for example insurance brokers, agents, own employees or direct selling), the approximate percentage expected from each source, and the commission rates payable.

5.  The nature of the commitments which the society proposes to take on and the general and special contractual conditions which it proposes to use.

6.  The technical bases which the society proposes to apply for each category of business.

7.  The estimated cost of installing the administrative services and organisation for securing business, and the financial resources intended to cover those costs.

Projections

8.  For each of the first three financial years following authorisation—

(a) a forecast balance sheet,

(b) a plan setting out detailed estimates of income and expenditure,

and the technical bases used to calculate the forcast and estimates specified in this paragraph.

9.  A description of the society’s overall investment strategy including a statement showing the types of investments which are expected to represent the non-insurance funds and the estimated proportion which will be represented by each type of investment.

Other information

10.  Copies or drafts of any standard agreements with brokers or agents.

11.  Copies or drafts of any agreements with persons (other than employees of the society) who manage or will manage the business of the society.

12.  A statement made jointly by each member of the committee of management, the secretary and the chief executive that the affairs of the society are directed in accordance with the criteria of prudent management set out in section 50(3) of the 1992 Act and will continue to be so directed.

13.  A personal questionnaire (available from the Commission) requiring biographical information and disclosure of interests signed and completed by each of the following—

(a) the chairman of the committee of management;

(b) the chief executive; and

(c) the secretary.

14.  Name and address of the society’s bankers, solicitors, actuary (if any), auditors, and investment advisers.

15.  Name and registered office of any subsidiary or jointly controlled body and particulars of any plan to form or to take part in forming or to acquire control or joint control of any qualifying body, including particulars of the current and proposed activities (by reference to Schedule 7 of the 1992 Act) of any such subsidiary, jointly controlled body or qualifying body and the approximate date of formation and commencement of its activities.

16.  A declaration by the secretary that the information provided in the application for authorisation is to the best of his knowledge and belief accurate.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the information which a friendly society is required to provide to the Friendly Societies Commission (“the Commission”) when applying for authorisation under section 32 of the Friendly Societies Act 1992 (“the Act”) to carry on business as an incorporated friendly society. These Regulations do not apply to applications under section 33 of the Act.

The information required varies depending on whether—

(a) the society wishes to be authorised to carry on long term, general or non-insurance business;

(b) the society is already authorised in respect of other classes of insurance business; or

(c) the Commission already possesses that information.

Regulation 4 and Schedules 1 and 2 implement the relevant requirements of Council Directives 79/267/EEC (O.J. No. L63, 13.3.79, p.1) and 73/239/EEC (O.J. No. L228, 16.8.73, p.3) relating to life and non-life assurance. Regulation 4 and Schedules 1 and 2 extend these requirements to all friendly societies seeking authorisation to carry on insurance business as incorporated friendly societies, notwithstanding that certain societies may not be within the scope of those Directives.

Paragraph 23 of Schedule 1 and paragraph 21 of Schedule 2 will enable the Commission to ascertain whether the restriction on combinations of business in section 37 of the Act is being met. Paragraph 24 of Schedule 1 and paragraph 22 of Schedule 2 will enable the Commission to ascertain whether the restriction on commercial business in section 38 of the Act is being met.

Regulation 4 and Schedule 3 relate to applications for authorisation to carry on non-insurance business. The statement referred to in paragraph 3 of Schedule 3 to these Regulations is not needed unless that society is required to maintain a margin of solvency in accordance with sections 48 and 49 of the Act in respect of any insurance business carried on by it or to be carried on by it.

(1)

1992 c. 40; section 119 (1) contains a definition of “the Commission”.

(2)

S.I. 1993/98.