Short-term Insurance Act, 1998
Short-term Insurance Regulations, 1998
Government Notice 143 of 1998
- Published in Government Gazette 1887 on 18 June 1998
- Commenced on 18 June 1998
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
1. Definitions
In these regulations any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it and, unless the context otherwise indicates -“aggregate liabilities”, in relation to a registered insurer and reinsurer, means the aggregate of-(a)the net liabilities in respect of which the registered insurer or reinsurer is required to hold assets in Namibia in terms of section 27 of the Act; and(b)the amount of the liabilities which, by virtue of the registered insurer’s or reinsurer’s shareholding in investment subsidiaries, is deemed to be the liabilities of the registered insurer or reinsurer in terms of regulation 8(3)(a)(ii);“any other stock exchange within the common monetary area” means any stock exchange authorized by or under the laws of a country of the common monetary area to function as or carry on the business of a stock exchange in that country;“associate”, in relation to a registered insurer and reinsurer, includes-(a)a person who controls such insurer or reinsurer;(b)a person who controls the person referred to in paragraph (a);(c)a subsidiary of such insurer or reinsurer or of a person referred to in paragraph (a) or (b);(d)a director, the chief executive officer, other executive officers or the secretary of such insurer or reinsurer or of a person referred to in paragraph (a) or (b) or of a subsidiary referred to in paragraph (c);(e)a partner of such insurer or reinsurer or of a person referred to in paragraph (a) or (b); or(f)the spouse or minor child of any of the natural persons referred to in paragraphs (a) to (e), but does not include an investment subsidiary or a property company;“associated company” means a company associated in any manner set out in the definition of “associate”, but does not include an investment subsidiary or a property company;“banking institution” means a banking institution registered otherwise than provisionally in terms of the Banks Act, 1965 (Act No. 23 of 1965);“building society” means a building society registered otherwise than provisionally in terms of the Building Societies Act, 1986 (Act No. 2 of 1986);“common monetary area” means the Kingdom of Lesotho, the Kingdom of Swaziland and the Republic of South Africa;“deposit” means any amount or security deposited with the Treasury in terms of the Act;“depositor” means a registered insurer, reinsurer, Lloyd’s representative, insurance broker or reinsurance broker, as the case may be, which or who has made a deposit;“investment subsidiary”, in relation to a registered insurer and reinsurer, means a company-(a)which by virtue of shareholding, voting power, power to appoint directors, or otherwise, is controlled by the registered insurer or reinsurer concerned;(b)which is used by the registered insurer or reinsurer concerned for the purposes of holding investments; and(c)whose shares are not listed on the Namibian Stock Exchange or any other stock exchange within the common monetary area;“local authority” means a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“market value”, in relation to-(a)the value of every quoted asset, means the price at which it was quoted on the Namibian Stock Exchange or any other stock exchange within the common monetary area within a period of three months immediately preceding the date to which the statement relates, which value shall be shown in the statement at an amount not exceeding the value determined according to the price last so quoted: Provided that if such quotation relates to a date other than the date to which the statement of assets relates, the said amount shall be properly adjusted in the case of-(i)any interest-bearing asset, by the difference between the amount of the interest which had accrued from the last date on which interest was payable up to the date of the quotation in question and the corresponding amount of interest accrued up to the date to which the statement relates; and(ii)any share on which dividends have been declared, by the difference between the amount of any dividend which had been declared but not paid on the date of the quotation in question and the amount of any dividend which had been declared but not paid on the date to which the statement relates;(b)assets to which the provisions of paragraph (a)(i) do not apply, means the value determined in accordance with section 29 of the Act;“Namibian Stock Exchange” means the Namibian Stock Exchange licensed under the Stock Exchange Control Act, 1985 (Act No. 1 of 1985);“Post Office Savings Bank” means the Post Office Savings Bank controlled and managed by the Namibia Post Limited in terms of the Posts and Telecommunications Act, 1992 (Act No. 19 of 1992);“property company” means a company-(a)of which 50 per cent or more of the market value of its assets consists of immovable property, irrespective of whether such property is held directly by the company as registered owner or indirectly by way of ownership of the shares of the company which is the registered owner of the property or which exercises control over the company which is the registered owner of the property; or(b)of which 50 per cent or more of its income is derived from investments in immovable property, or from an investment in a company 50 per cent or more of the income of which is derived from investments in immovable property;“regional council” means a regional council as defined in section 1 of the Regional Councils Act, 1992 (Act No. 22 of 1992);“spouse” includes a party to a customary union;“the Act” means the Short-term Insurance Act, 1998 (Act No. 4 of 1998).2. Deposits
3. Payment of premiums received
4. Report of non-payment
If an insurance agent or an insurance broker or a reinsurance broker or a Lloyd’s intermediary fails to make a payment as required in terms of regulation 3, the registered insurer or reinsurer or the underwriter at Lloyd’s concerned shall, within 30 days from the date on which payment was required to be made, notify the Registrar in writing of such failure.5. Prohibition of differentiation, inducements and assumption of obligations
6. Limitation of remuneration
7. Fees
8. Limits of investment
market value of each asset of investment subsidiary | x | insurer’s or reinsurers net loans to investment subsidiary; |
market value of total assets of investment subsidiary |
market value of each asset of investment subsidiary | x | insurer’s or reinsurers non-equity interest in investment subsidiary; |
market value of total assets of investment subsidiary |
market value of remaining part of each asset of investment subsidiary after the deduction of the partsin terms of items (aa) and (bb) | x | insurer’s or reinsurer’s equity shares in investment subsidiary |
total equity shares in investment subsidiary; |
liabilities of investment subsidiary (excluding towards insurer or reinsurer) plus non-equity interestin investment subsidiary (excluding insurer’s or reinsurer’s share thereof) | x | insurer’s or reinsurer’s equity shares ininvestment subsidiary |
total equity sharesin investment subsidiary; |
9. General offences and penalties
Any-10. Penalty for failure to submit certain documents or to furnish certain information
11. Penalty for failure to comply with certain financial requirements
12. Repeal of regulations
The regulations published under Government Notices Nos. R.1285 of 27 August 1965, R.252 of 23 February 1968, R.2036 of 2 November 1973, R.2489 of 28 December 1973, R.1442 of 20 August 1976, R.333 of 1 March 1977, R.838 of 20 May 1977, R.1249 of 8 July 1977, R.2274 of 4 November 1977, R.947 of 12 May 1978, R.1631 of 11 August 1978, R.120 of 26 January 1979, R.353 of 20 February 1981, R.396 of 27 February 1981, R.905 of 24 April 1981, R.2046 of 2 October 1981, R.446 of 4 March 1983, R.2145 of 28 September 1984, R.81 of 18 January 1985, R.2117 of 20 September 1985, R.2324 of 18 October 1985, R.431 of 14 March 1986, R.949 of 16 May 1986, R.2584 of 12 December 1986, R.2628 of 12 December 1986, R.2288 of 16 October 1987, R.250 1 of 9 December 1988, R.1345 of 30 June 1989, R.1447 of 7 July 1989, R.1922 of 1 September 1989 and 59 of 24 March 1995 are hereby repealed in so far as they relate to short-term insurance business.13. Short title
These regulations shall be called the Short-term Insurance Regulations, 1998.History of this document
15 November 2017 this version
Consolidation
18 June 1998
Commenced
Cited documents 6
Act 6
1. | Local Authorities Act, 1992 | 1335 citations |
2. | Regional Councils Act, 1992 | 392 citations |
3. | Posts and Telecommunications Act, 1992 | 132 citations |
4. | Building Societies Act, 1986 | 104 citations |
5. | Short-term Insurance Act, 1998 | 64 citations |
6. | Stock Exchanges Control Act, 1985 | 60 citations |