A number of Bermuda registered (re)insurers operate within a group structure; being part of a group may have both a positive and negative impact on an insurer’s financial position, risk profile and overall prudential position. Therefore, the Bermuda Monetary Authority established a group supervision framework for insurance groups in which the Authority acts as Group Supervisor since the insurance groups’ primary operations are controlled and managed from Bermuda. To access the Bermuda Insurance Group filings, please click here.
The Authority derives its powers from, and conducts its responsibilities as Group Supervisor under, the Insurance Act 1978 (the Act), as amended; amendments to establish the group supervision framework became effective in March 2010.
Other legislations governing group supervision are the Insurance (Group Supervision) Rules 2011 and the Insurance (Prudential Standards) (Insurance Groups Solvency Requirement) Rules 2011.
All of Bermuda’s insurance groups that are subject to supervision are internationally active. Therefore, Bermuda’s group supervision framework reflects international developments in this area and principles for insurance group supervision adopted by the International Association of Insurance Supervisors (IAIS).
The main objectives of group supervision include:
Therefore, key areas of focus within the group supervision framework are:
The Authority’s Insurance Supervision department conducts its functions as Group Supervisor under the Act, which include:
The Authority has issued information and guidance that provides details of how it:
The guidance is summarised below and can assist companies identified as Bermuda groups as they transition to compliance with the group supervision framework.
These include how the Authority:
This Guidance Note specifies the duties and responsibilities of the DI. The DI is appointed by the Authority as the lead insurer and administrative point of contact within a group, through whom the group is required to fulfil its regulatory reporting and compliance obligations.
The Authority establishes a supervisory college for every group for which it is Group Supervisor. Supervisory colleges are designed to provide a platform for:
The guidance provides details on the governance and operational processes of supervisory colleges, including the use of memoranda of understanding and confidentiality agreements, as well as rules of engagement for decision-making, dispute resolution and supervisory cooperation.