CBB Volume 3: Contents
GR-4.1 CBB Approval
In accordance with Article 66 of the CBB Law, an
insurance licenseemust seek prior written approval from the CBB before transferring any of its business to a third party.Amended: January 2007
Rule GR-4.1.1 is intended to apply to circumstances where an
insurance licenseewishes to transfer all or part of its business to a third party. A business transfer is not the same as an insurance firmceding (reinsuring) some or all of its policyholderliabilities to a reinsurer. Reinsurance creates an additional set of rights and obligations between the insurance firmand the reinsurer but does not change the insurance firm'sobligations to its policyholdersnor does it create any direct obligations (to each other) between the insurance firm's policyholdersand the insurance firm'sreinsurer.Added: January 2007
In the case of a
Bahraini insurance licensee, Chapter GR-4 applies both to business booked in Bahrain and in the licensee’s overseas branches. In the case of an overseas insurance licensee, Chapter GR-4 applies only to business booked in the firm's Bahrain branch.Amended: January 2007
In all cases, CBB approval to transfer business will only be given where:(a) The transfer of business will not damage or otherwise prejudice the legitimate interests of the licensee’s
customers;(b) The transferee is duly licensed to undertake the business which it is to receive; and(c) The CBB is satisfied that the transfer will not breach any applicable Laws and regulations, and would not create any supervisory concerns.Added: January 2007
Amended: October 2007
For purposes of Paragraph GR-4.1.1, a business transfer refers to a transfer of all the rights and obligations of one
insurance licenseeto another insurance licensee, so that the policyholdersand reinsurers continue to be subject to the same terms and conditions as those originally agreed. Business transfers may enable licensees that have ceased writing certain lines of business to manage their affairs more effectively and be beneficial both to the insurance licenseeand the policyholders, particularly if the insurance licenseethat is assuming the business is financially stronger than the insurance licenseetransferring the business.Amended: January 2007
Effective up to Dec 31 2006.
A portfolio transfer is not the same as an
insurance firmceding (reinsuring) some or all of its policyholder liabilities to a reinsurer. Reinsurance creates an additional set of rights and obligations between the insurance firmand the reinsurer but does not change the insurance firm'sobligations to its policyholdersnor does it create any direct obligations (to each other) between the insurance firm'spolicyholders and the insurance firm'sreinsurer.
Effective up to Dec 31 2006.
Where the proposed transfer involves a transfer of obligations under
contracts of insurancein respect of risks situated inside the Kingdom of Bahrain, the transferee must be licensed to carry on insurance business in Bahrain.
In assessing the criteria outlined in Paragraph GR-4.1.4, the CBB will, amongst other factors, take into account the financial strength of the transferee; its capacity to manage the business being transferred; its track record in complying with applicable regulatory requirements; and (where applicable) its track record in treating
customersfairly. The CBB will also take into account the impact of the transfer on the transferor, and any consequences this may have for the transferor’s remaining customers.Amended: January 2007