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Insurance (Bancassurance) Regulations, 2020

Legal Notice 24 of 2020

This is the version of this Legal Notice as it was from 6 March 2020 to 30 December 2022. Read the latest available version.
Insurance (Bancassurance) Regulations, 2020
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Legal Notice 24 of 2020
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Insurance Act
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LAWS OF KENYA

INSURANCE ACT

INSURANCE (BANCASSURANCE) REGULATIONS, 2020

LEGAL NOTICE 24 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 42 on 6 March 2020
  • Commenced on 6 March 2020

1. Citation

These guidelines may be cited as Insurance (Bancassurance) Regulations, 2020.

2. Interpretation

In these regulations, unless the context requires—"bancassurance business" means an intermediary business that involves collaboration between a bank, a microfinance bank or a financial institution, and an insurance company to market and distribute insurance products;"bancassurance intermediary" means a person registered to carry out bancassurance business; and"microfinance bank" has the meaning assigned to it in the Microfinance Act, 1996 (No. 19 of 1996).

3. Scope of the regulations

These regulations shall apply to bancassurance intermediaries.

4. Objective of the regulations

The objective of these regulations is to provide for the registration of bancassurance intermediaries and supervision of bancassurance business.

5. Application for bancassurance business

A person who intends to carry on Bancassurance business shall—
(a)be incorporated in Kenya;
(b)wholly owned by a bank, microfinance bank or other financial institution regulated in Kenya;
(c)apply in writing to the Authority to be registered as a bancassurance intermediary;
(d)have a minimum paid up capital of five million shillings;
(e)have at all times a minimum of ten million shillings in the form of—
(i)a bank guarantee as set out in the First Schedule hereto:Provided that the bank, microfinance bank or financial institution owning the applicant shall not provide the guarantee; or
(ii)a Government bond with a maturity of at least two years issued by the Central Bank of Kenya in favour of the Authority; and
(f)meet any other requirements that may be prescribed by the Act or these regulations.

6. Registration requirements

An application for registration as a bancassurance intermediary shall be accompanied by—
(a)an application fee of twenty thousand shillings;
(b)a collaboration agreement with any insurer whose products the applicant intends to market or distribute;
(c)a bancassurance business plan;
(d)a letter of no objection from the regulator of the bank, microfinance bank or financial institution;
(e)a written application for approval of the principal officer of the applicant; and
(f)constitutive documents including a certificate or registration or certificate of incorporation.

7. Market conduct by bancassurance intermediaries

(1)A person registered as a bancassurance intermediary shall act as an insurance intermediary and shall not—
(a)undertake or engage in the business of the underwriting of risks or engaging in any other insurance business and
(b)give the impression of being the underwriter of the insurance products it is marketing or distributing on behalf of the insurer on whose behalf it is acting as a bancassurance intermediary.
(2)All bancassurance advertisements by the bancassurance intermediary shall prominently display or mention the name of the insurer underwriting the product.

8. Insurance products to be in the name of the underwriter

A bancassurance intermediary shall ensure that the product is in the name of the underwriter and shall disclose to its customers that the insurer shall be responsible for the settlement of claims relating to the insurance product.

9. Debiting of client accounts

A bancassurance intermediary shall ensure that the bank, microfinance bank or financial institution does not debit the client's bank accounts for premiums without the prior written authority or consent of the operator of the account held at the bank, microfinance bank or financial institution.

10. Role of bancassurance intermediaries

A bancassurance intermediary shall—
(a)inform in writing a customer that the customer has the right to select any underwriter from among the underwriters licensed by the Authority;
(b)not advise or coerce a customer to cancel an existing policy from an underwriter licensed by the Authority; and
(c)not infringe on the freedom of the customer to use any other bancassurance intermediary of his or her choice or to directly deal with an underwriter.

11. Distribution of products

A bancassurance intermediary shall only distribute products approved by the Authority.

12. Confidentiality of information

A bancassurance intermediary shall ensure the confidentiality of consumer data and information.

13. Complaints redress mechanism

A bancassurance intermediary shall develop and implement a complaints redress mechanism to address any complaints from its customers.

14. Reporting requirements

(1)A bancassurance intermediary shall submit to the Authority an annual report on the performance of the bancassurance business activities in the form set out in the Second Schedule hereto
(2)The report under paragraph (1) shall be submitted within three months after the end of the year to which it relates.

15. Technical Staff

A bancassurance intermediary shall ensure that technical staff handling insurance matters possess at least a certificate of proficiency in insurance.

16. Qualifications of principal officer

A Principal Officer of a bancassurance intermediary shall—
(a)be fit and proper as prescribed by the Act;
(b)hold a technical or professional qualification in insurance, actuarial, accounting, banking or such other qualification as may be prescribed by the Commissioner; and
(c)be approved by the Commissioner.

17. Governance of a bancassurance intermediary

A bancassurance intermediary shall have a board of directors of at least three members possessing diverse qualifications and skills who shall oversee its operation.

18. Reporting by principal officers

The principal officer of a bancassurance intermediary shall report to the board of directors of the bancassurance intermediary and shall be an ex officio member of the board without the right to vote during the meetings of the board.

19. Disqualification or cancellation of registration

A bancassurance intermediary shall not be registered or have its registration renewed if—
(a)the applicant or any of its directors has, within a period of five years preceding the date of the application, been convicted of an offence involving fraud or dishonesty;
(b)the applicant or any of its directors has, within a period of five years preceding the date of the application become insolvent or compounded with its creditors;
(c)the principal officer or the applicant's staff do not have sufficient knowledge, skill or experience to satisfactorily discharge their functions; or
(d)the applicant or any of its directors has been found convicted of, or warned or cautioned in writing by the Commissioner on at least three occasions with regard to, unethical business practices.

20. Penalty for violation

Where a bancassurance intermediary breaches any provision of these regulations, the bancassurance intermediary shall be liable to a penalty of twenty thousand shillings for each day or part thereof during which the violation continues, which shall be payable to the

21. Transitional matters

A bancassurance intermediary in operation immediately before the commencement of these regulations shall comply with the requirements of regulations 5,7 and 17 within one year from the date of such commencement.

FIRST SCHEDULE [r. 5(e)]

FORM OF GUARANTEE
1. ...........................................................................................................................................
(Name of Bank)
In this Guarantee referred to as "the Bank" hereby guarantee to the Commissioner of Insurance (in this Guarantee referred to as the commissioner) that in the event of any insurance client of
..............................................................................................................................................
(Name of the Bancassurance Intermediary)
this guarantee (referred to as the Bancassurance) or any insurance company obtaining, while this Guarantee is in force, a court decree in respect of unsatisfied debts of the Bancassurance to the insurance client or the insurance company, as the case may be, in respect of insurance business, which debt the client or the insurance company is unable to recover in any other way, the Bank will pay on demand to the order of the Commissioner the sum of
..................................................................................................................................................
(Amount of guarantee)
2. This Guarantee is a continuing Guarantee and may be revoked -
(a)with the consent in writing of the Commissioner; or
(b)after the expiration of twelve months after notice in writing of the intention of the Bank to revoke this Guarantee has been given to the Commissioner.
3. The revocation of this Guarantee dos not release the Bank from, or affect, any liability of the Bank under this Guarantee existing immediately before the revocation.
Dated the.............................. 20.............................
THE SEAL OF ............................. WAS AFFIXEDTO THIS GUARANTEE BY.................................IN THE PRESENCE OF.......................................

SECOND SCHEDULE [r. 14(1)]

STATEMENT OF BUSINESS OF A BANCASSURANCE INTERMEDIARY
Name of Bancassurance IntermediaryAll amounts in KenyaShillingsYear ending 31stDecember, 20........
Insurance BusinessNumber Insurers (1)Number policies (2)Total commission earned (3)Total premium under the policies placed (4)Largest percentage commission from any one insurer (5)
Long - term Direct..............     
TOTAL..............     
General Insurance Direct..............     
TOTAL............     
TOTAL.............     
DatePrincipal Officer
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31 December 2022
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06 March 2020 this version
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