Insurance Companies - Dear CEO Letters
Insurance Companies - Forms and Returns
The Managing Director or Chief Executive of a licensed insurer (Individual) |
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The Managing Director or Chief Executive of a licensed insurer (Body Corporate) |
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The Managing Director of a parent company of a licensed insurer (Individual) |
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The Managing Director of a parent company of a licensed insurer (Body Corporate) |
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The Chief Executive of a parent company, being an insurance company, of the licensed insurer |
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Being appointed as a Director, Manager, Gibraltar Representative or a section 24B(4)(C) Employee of a licensed insurer (Individual) |
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Being appointed as a Director, Manager, Gibraltar Representative or a section 24B(4)(C) Employee of a licensed insurer (Body Corporate) |
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No longer a Director, Manager, Gibraltar Representative or a section 24B(4)(C) Employee of a licensed insurer |
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Proposing to become a Controller (other than as it MD or CEO) or a Shareholder Controller of a licensed institution (Individual) |
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Proposing to become a Controller (other than as it MD or CEO) or a Shareholder Controller of a licensed institution (Body Corporate) |
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Became a Controller in a licensed institution |
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Ceased as a Controller of a licensed institution |
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Shareholders & Controllers proposing to increase holdings If you hold 10% or more of the shares of an insurer (or of an insurer's parent company), or exercise 10% or more of the insurer's voting power (or the voting power of an insurer's parent company), you are a shareholder controller and should have notified the Commission accordingly.
If you increase your shareholding in the company you may fall within another band of shareholder controllership. These bands are :
10% Shareholder Controller (10% or more but less than 20%)
20% Shareholder Controller (20% or more but less than 33%)
33% Shareholder Controller (33% or more but less than 50%)
50% Shareholder Controller (50%)
Majority Shareholder Controller (more than 50%)
If you increase your shareholding so that you fall within a higher band you should give prior written notice to the Commission of your intention.
If the increased holding does not make the total holding fall into a higher band, no action is required.
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Shareholders & Controllers proposing to decrease holdings Proposing to decrease your holding in a licensed insurer
If you decrease your shareholding in the insurance company so that you fall into a lower band of shareholder controllership you need to notify the Commission. The relevant bands are :
10% Shareholder Controller (10% or more but less than 20%)
20% Shareholder Controller (20% or more but less than 33%)
33% Shareholder Controller (33% or more but less than 50%)
50% Shareholder Controller (50%)
Majority Shareholder Controller (more than 50%)
If the decreased holding does not make the total holding fall into a lower band, no action is required.
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Reporting the appointment or change of main agent, or reporting the appointment or change of a director of a main agent |
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Form 1 - General Insurance Business Application |
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Form 5 - Long Term Business Application |
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Annual Complaints Handling Form |
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Qualifying holdings Pursuant to sections 2A(4)(a) and 39C(4) of the Financial Services (Insurance Companies) Act the Commission is required to make publicly available a list specifying the information that is necessary for the Commisison to make an assessment of an application for the acquisition of or an increase in a qualifying holding of an insurance company and that must be provided to the Commission at the time of the person notifying the Commission of its intention to acquire or increase a qualifying holding.
The information required by the Commission is that set out in Notification Doc 2 in respect of an Individual and Notification Doc 6 in respect of a Body Corporate.
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Royal Gibraltar Police Vetting Application Form Please note that an 'Individual Questionnaire' or a 'Notifiable Document' MUST be accompanied by a Royal Gibraltar Police Vetting Application Form in accordance with Section 30C of the Proceeds of Crime Act 2015. The form must be submitted to the Gibraltar Financial Services Commission, who will liaise with the RGP in order to make the relevant enquiries. For any applicant that is not a Gibraltarian, or has not lived in Gibraltar for the last 10 years, in addition to the RGP vetting form, he/she must also provide the GFSC with a report of their criminal record from the relevant authority in the jurisdiction/s in which they have been ordinarily resident for the last 10 years and/or from any other jurisdiction where the applicant has spent a considerable amount of years resident in the past. If the report is not in English, this must be accompanied by a translation from a certified Translator.
Notes for completion of the Royal Gibraltar Police Vetting Application Form: 1. The RGP Vetting Form must be completed by the applicant in full. Should any section be incomplete, this cannot be accepted. Note that the section in the form that states ‘To be completed by agency or organisation requiring vet’ should be left blank as this section is to be completed by the GFSC only. 2. All RGP Vetting Forms MUST be submitted together with the applicable Individual Questionnaire or Notifiable Document to which it relates. Please note that all applications/fit and proper assessments will be kept on hold and not be processed until the original RGP Vetting Form and fee is submitted together with the applicable Individual Questionnaire or Notifiable Document. The same will apply to any incorrect forms submitted. Should exceptional circumstances apply, please contact authorisations@gfsc.gi 3. The RGP and Individual Questionnaire or Notifiable Document cannot be accepted without any of the following: a) Payment of the £10 applicable fee by bank transfer only; and In order to obtain the relevant bank details, please liaise with the member of staff at the GFSC who is processing the application and they will provide you with the required information. Should you be unsure of the contact details, then please refer your query to authorisations@gfsc.gi b) APPLICATION Reference number. Please quote the following payment reference for any bank transfer: For an individual: “RGPNAMEOFAPPLICANT” For payments to settle for more than one applicant: i.e. If the firm is submitting an application for five individuals, the reference should be as follows: “RGPNAMEOFFIRMX5” For any further queries, please contact authorisations@gfsc.gi and a member of staff will be happy to assist.
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2 | Annual returns for general & life insurers and reinsurers |
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2 |
Abbreviated Annual Returns for Captive Insurers For periods commencing on or after 1 January 2004
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2 |
New Returns For General Business Insurers and Reinsurers For periods ending on or after 14 January 2012
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2014 | Solvency 2 Self Assessment Template |
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2014 | Solvency 2 Forecast Summary Template |
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1 | 2018 |
Insurance Submission Portal Access and Submission Procedure |
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Insurance Companies - Guidance Notes
Own Risk and Solvency Assessment (ORSA) Feedback Document |
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1 |
Insurance Companies Act, 1987 Guidance Notes For Applicants To Carry On Insurance Business In Gibraltar Removed 1st May 2009 and replaced with Universal Application Process.
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11 |
The use of Derivative Contracts in Insurance Funds This note discusses valuation issues surrounding the use of derivative contracts in those funds of an insurer which are subject to "asset valuation rules."
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12 |
Linked Contracts This guidance discusses the changes made to the Insurance Companies (Valuation of Assets and Liabilities) Regulations in March 1997. It concentrates on the aspects of linked contracts which are relatively new or potentially problematic.
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13 |
The Insurance Groups Directive Parent Undertaking Solvency Margin Calculation This guidance relates to the parent undertaking solvency calculation required by the Insurance Groups Directive and implemented by the Insurance Companies (Parent Undertaking Solvency Margin Calculation) Regulations 2004 "the Regulations").
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14 |
System of Governance - Insurance
Transition to Governance Requirements established under the Solvency II Directive This Guidance Note provides Guidelines for Gibraltar licensed insurance and reinsurance undertakings or those that have submitted an application for a licence (“undertaking”) on the system of governance which should be in place to ensure that the undertaking meets the criteria of sound and prudent management set out in the Financial Services (Insurance Companies) Act and/or that demonstrates that the undertaking is taking necessary steps to ensure that it will be able to meet the corporate governance requirements established under the Solvency II Directive when that Directive takes effect, currently expected to be 1 January 2016.
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2 |
Outsourcing Financial Services Guidance Note No. 2
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2 |
Guidance Note on the preparation of annual returns for general business insurers and reinsurers Intended to assist companies in the preparation of the annual accounts and statements in respect of general business which must be submitted to the Commissioner of Insurance. (Revised on 18/3/2004)
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2 |
Guidance Note on the preparation of annual returns for long term business insurers and reinsurers Intended to assist companies in the preparation of the annual accounts and statements in respect of long term business which must be submitted to the Commissioner of Insurance. (Revised on 18/3/2004)
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2 |
The Use and Preparation of Abbreviated Annual Returns for Captive Insurers Sets out the circumstances in which these abbreviated returns may be used and provides guidance in their preparation. (Revised on 18/3/2004)
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2 |
Guidance Notes On The Preparation Of The New Returns For General Business Insurers and Reinsurers This Guidance Note deals with the requirements for general business insurers and reinsurers who wish to report using the New Returns format.
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3 |
Changes of Notifiable Persons To explain the way persons (for example, controllers, shareholders, directors, managers and main agents of insurance companies) must be notified to the Commissioner.
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4 |
Valuation of assets Prepared to assist licensed insurers, their auditors and others who may be concerned in the valuation of an insurer’s assets and liabilities. (This Guidance Note was revised on 19th September 1997)
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5 |
Systems of control over investments (and counterparty exposure), including the use of derivatives These notes impact, in particular, on an important aspect of the criteria, set out in the third directives, against which it can be judged whether insurers are managing their business in a sound and prudent manner.
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6 |
Systems of control over General Business Claims Provisions Provides guidance for insurers on the controls which should be in place in order to ensure that the amounts set aside for claims outstanding and for claims handling expenses are appropriately established, properly recorded and effectively monitored.
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7 |
Disclosure of Information relating to Non-Life Contracts Issued to insurance brokers licensed under the Financial Services Ordinance, as well as to licensed insurers and their advisers. The Note offers guidance on the information which is required, under the third insurance directives, to be given to policyholders.
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8 |
Disclosure of Information Relating to Life Assurance Contracts Issued to insurance brokers licensed under the Financial Services Ordinance, as well as to licensed insurers and their advisers. The Notes offer guidance on the information which is required, under the third insurance directives, to be given to policyholders.
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9 |
Reporting the use of Derivatives Deals with the reporting of derivatives as required by regulation 23 and Forms INS 9 of the Insurance Companies (Accounts and Statements) Regulations 1998. (This note was revised in March 1999 to reflect the replacement of the earlier, 1996 Regulations, by the 1998 Regulations).
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EIOPA | 1 | 2012 |
Guidelines on Complaints-Handling by Insurance Undertakings Pursuant to Guideline 4, the GFSC requires insurance companies to submit an Annual Complaint Handling Form. This should be submitted at the same time as the annual return and should reference the same period.
Please note that the Form should be submitted at the same time as the annual return and should reference the same period. With respect to complaints received, the GFSC requires that insurance companies acknowledge receipt of complaints within two weeks and provide a final written response within twelve weeks. |
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EIOPA | 1 | 2014 | Guidelines on Forward Looking assessment of own risks (based on the ORSA principles) |
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EIOPA | 2 | 2014 | Guidelines on Pre-Application of Internal Models |
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EIOPA | 3 | 2014 | Guidelines on Submission of Information to National Competent Authorities | |
EIOPA | 4 | 2014 | Guidelines on System of Governance |
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EIOPA | 2015 | EIOPA Guidelines | ||
1 | 2018 |
Approach to Insurance Regulation The GFSC publishes its approach to Insurance Supervision Document following presentations to industry in January 2018 |
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1 | 2018 | IDD Frequently Asked Questions |
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2 | 2019 | IDD Q&A |
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Insurance Companies - Legislation
ACT | 10 | 1987 | Financial Services (Insurance Companies) Act, 1987 |
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ACT | 21 | 1987 | Insurance Companies (Amendment) Act, 1987 | |
LN | 11 | 1990 | Notice of Corrigendum to the Insurance Companies (Licensing Application) Regulations, 1990 | |
ACT | 43 | 1990 | Insurance Companies (Amendment) Act, 1990 | |
LN | 9 | 1990 | Insurance Companies (Licensing Application) Regulations, 1990 |
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ACT | 2 | 1994 | Insurance Companies (Amendment) Act, 1994 | |
LN | 42 | 1995 | Insurance Companies Act (General Insurance and Long Term Insurance Directives) Regulations, 1995 | |
LN | 50 | 1995 | Insurance Companies Act (General Insurance and Long Term Insurance Directives)(No2) Regulations, 1995 | |
LN | 51 | 1995 | Notice of Corrigendum to the Insurance Companies Act (General and Long Term Insurance Directives) Regulations, 1995 | |
LN | 63 | 1996 | Insurance Companies Act (General Insurance and Long Term Insurance Directives) Regulations, 1996 | |
LN | 64 | 1996 | Insurance Companies (Conduct of Business) Regulations, 1996 |
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LN | 65 | 1996 | Insurance Companies (Deposits) Regulations, 1996 |
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LN | 66 | 1996 | Insurance Companies (Prescribed Particulars) Regulations, 1996 |
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LN | 68 | 1996 | Insurance Companies (Valuation of Assets and Liabilities) Regulations, 1996 |
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LN | 69 | 1996 | Insurance Companies (Forms) Regulations, 1996 |
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LN | 112 | 1997 | Insurance Companies (Auditors) Regulations, 1997 |
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LN | 113 | 1997 | Insurance Companies (Valuation of Assets and Liabilities)(Amendment)(No.2) Regulations, 1997 | |
LN | 136 | 1997 | Insurance Companies (Prudential Supervision) Regulations, 1997 |
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LN | 24 | 1997 | Insurance Companies (Accounts Directive) Regulations, 1997 |
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LN | 29 | 1997 | Insurance Companies (Valuation of Assets and Liabilities)(Amendment) Regulations, 1997 | |
ACT | 8 | 1997 | Insurance Companies (Amendment) Act, 1997 | |
LN | 118 | 1998 | Insurance Companies (Accounts And Statements) Regulations, 1998 |
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LN | 42 | 2000 | Insurance Companies (Accounts And Statements) (Amendment) Regulations, 2000 | |
ACT | 22 | 2001 | The Protected Cell Companies Act, 2001 |
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SI | 3084 | 2001 | The Financial Services and Markets Act 2000 (Gibraltar) Order 2001 | |
LN | 24 | 2002 | Insurance Companies (Prescribed Particulars)(Amendment) Regulations, 2002 | |
ACT | 1 | 2003 | Insurance Companies (Amendment) Act, 2003 | |
LN | 9 | 2003 | Insurance Companies (Prescribed Particulars)(Amendment) Regulations, 2003 | |
LN | 10 | 2004 | Insurance Companies (Valuation of Assets and Liabilities)(Amendment) Regulations, 2004 | |
LN | 11 | 2004 | Insurance Companies (Solvency Margins and Guarantee Funds) Regulations, 2004 |
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LN | 13 | 2004 | Insurance Companies (Prescribed Particulars)(Amendment) Regulations, 2004 | |
LN | 15 | 2004 | The Insurance Companies (Parent Undertaking Solvency Margin Calculation) Regulations, 2004 |
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LN | 16 | 2004 | Insurance Companies (Accounts and Statements)(Amendment No. 2) Regulations, 2004 | |
ACT | 16 | 2004 | Insurers (Reorganisation and Winding Up) Act, 2004 |
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LN | 17 | 2004 | Insurance Companies (Valuation of Assets and Liabilities)(Amendment No. 2) Regulations, 2004 | |
LN | 20 | 2004 | Insurance Companies (Accounts and Statements)(Amendment) Regulations, 2004 | |
ACT | 7 | 2004 | Insurance Companies (Amendment) Act, 2004 | |
LN | 142 | 2005 | Insurance Companies (Accounts Directive)(Amendment) Regulations, 2005 | |
LN | 151 | 2005 | Notice of Corrigendum of the Insurance Companies (Accounts Directive)(Amendment) Regulations 2005 | |
ACT | 21 | 2005 | Insurance Companies (Amendment) Act, 2005 | |
ACT | 55 | 2005 | Insurance Companies (Amendment)(No.2) Act 2005 | |
LN | 141 | 2006 | Insurance Companies (Accounts And Statements) (Amendment) Regulations, 2006 | |
LN | 142 | 2006 | Insurance Companies (Solvency Margins and Guarantee Funds)(Amendment) Regulations, 2006 | |
ACT | 23 | 2006 | Financial Services (Distance Marketing) Act 2006 |
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ACT | 24 | 2006 | Insurance Companies (Amendment No.2) Act, 2006 | |
ACT | 7 | 2006 | Insurance Companies (Amendment) Act, 2006 | |
ACT | 11 | 2007 | Financial Services (Temporary Business Continuity) Act 2007 |
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LN | 142 | 2007 | Insurance Companies (Solvency Margins and Guarantee Funds) (Amendment) Regulations 2007 | |
LN | 143 | 2007 | Insurance Companies (Valuation of Assets And Liabilities) (Amendment) Regulations 2007 | |
LN | 144 | 2007 | Insurance Companies (Supplementary Supervision) Regulations 2007 |
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LN | 145 | 2007 | Insurance Companies (Auditors) (Amendment) Regulations 2007 | |
LN | 147 | 2007 | Insurance Companies (Parent Undertaking Solvency Margin Calculation)(Amendment) Regulations 2007 | |
LN | 148 | 2007 | Insurance Companies (Prescribed Particulars)(Amendment) Regulations 2007 | |
SI | 3254 | 2007 | The Financial Services and Markets Act 2000 (Reinsurance Directive) Order 2007 | |
LN | 45 | 2007 | Insurance Companies (Prescribed Particulars) (Amendment) Regulations, 2007 | |
LN | 73 | 2007 | Financial Services (Temporary Business Continuity) (Fees) Regulations 2007 |
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LN | 81 | 2007 | Financial Services (Temporary Business Continuity) Act 2007 |
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LN | 31 | 2008 | Insurance Companies (Prescribed Particulars) (Amendment) Regulations 2008 | |
LN | 12 | 2009 | Insurance Companies (Special Purpose Vehicles) Regulations 2009 |
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ACT | 17 | 2009 | Insurance Companies (Amendment) Act, 2009 | |
ACT | 32 | 2009 | Financial Services (Insurance Companies) (Amendment) Act 2009 | |
Act | 1 | 2010 | Counter Terrorism Act |
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LN | 11 | 2010 | Insurance Companies (Accounts Directive) (Amendment) Regulations 2010 | |
LN | 54 | 2010 | Insurance Companies (Accounts Directive)(Amendment)(No.2) Regulations 2010 | |
LN | 6 | 2010 | Financial Services (Insurance Companies) (Amendment) Regulations 2010 | |
LN | 64 | 2010 | Insurance Companies (Prescribed Particulars)(Amendment) Regulations 2010 | |
LN | 69 | 2010 | Insurance Companies (Licence Fees) Regulations 2011 | |
LN | 70 | 2010 | Insurance Companies (Prescribed Particulars)(Amendment)(No.2) Regulations 2010 | |
LN | 38 | 2011 | Insurance Companies (Licence Fees)(Amendment) Regulations 2011 | |
LN | 201 | 2012 | Financial Services (Insurance Companies) Act (Amendment) Regulations 2012 | |
LN | 203 | 2012 | Financial Services (Insurance Companies) (Amendment No.2) Regulations 2012 | |
LN | 204 | 2012 | Insurance Companies (Supplementary Supervision) (Amendment) Regulations 2012 | |
LN | 205 | 2012 | Insurance Companies (Valuation of Assets and Liabilities) (Amendment) Regulations | |
LN | 48 | 2012 | Insurance Companies (Licence Fees)(Amendment) Regulations 2012 | |
LN | 76 | 2012 | Financial Services Commission (Supervisory Acts) Order 2012 |
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ACT | 22 | 2013 | Financial Services (Information Gathering and Co-operation) Act 2013 |
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LN | 86 | 2013 | Insurance Companies (Supplementary Supervision) (Amendment) Regulations 2013 | |
LN | 158 | 2014 | Financial Services (Insurance Companies)(Solvency II Levy) Regulations 2014 |
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LN | 63 | 2014 | Insurance Companies (Licence Fees) (Amendment) Regulations 2014 | |
Act | 14 | 2015 | Proceeds of Crime Act 2015 |
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LN | 71 | 2016 | Financial Services Commission (Fees) Regulations 2016 |
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Insurance Companies - Newsletters
Insurance Companies - Presentations
11 | 2006 |
Presenting the revised AML/CFT Guidance Notes David Parody
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2 | 2006 |
London Insurance Seminar Marcus Killick
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11 | 2007 |
The revised AML/CFT Guidance Notes GACO - David Parody
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11 | 2007 |
The FSC's approach to AML/CFT Compliance GACO - David Parody
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6 | 2007 |
Solvency II Speech by Marcus Killick (CEO) given at Willis Conference
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2 | 2008 |
Regulatory framework for Insurance in Gibraltar Marcus Killick
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11 | 2009 |
Solvency II - The Story To Date Presentation by Mike Oliver (Head of Insurance) to the GII - 25 November 2009
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3 | 2009 |
Revised Risk Assessment Methodology, Corporate Governance and Approved Persons Gibraltar Insurance Institute - Gibraltar Society of Chartered & Certified Accountancy Bodies - Gibraltar Association of Compliance Officers
David Parody
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1 | 2011 |
The Omnibus II Directive Presentation to Gibraltar Insurance Association
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2 | 2011 |
Quantitative Impact Study 5: Summary results and main messages Presentation to Gibraltar Insurance Association
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1 | 2012 |
Use of Actuaries in Non-Life Reserving Presentation by Darren Viñales to Baker Tilly Insurance Conference
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4 | 2012 |
GACO-FSC Risk Methodology Workshop Slides, case study and templates for the GACO workshop held on 14 November 2012 by the FSC
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2014 |
Solvency 2 - December 2014 Update. (*The Annex to this update was revised in January 2015 with updated links to the EIOPA website) The FSC has published its latest update in relation to Solvency 2.
The document should be read by Directors and managers of Gibraltar insurers applicants to be Gibraltar insurers that will be carrying on insurance in Gibraltar from 1 January 2016 and that will fall to be regulated under the requirements of the Directive.
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3 | 2014 |
Insurance Linked Securities - Background and Guidelines Presentation by Mr. Joe Perdoni at the Risk & Capital Conference. 4th Nov. 2014
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2015 |
Solvency 2 - Presentation by Mr Ken Hogg – Solvency 2 Project Manager, Financial Services Commission These slides, from a speech at a conference organised by Guy Carpenter, summarise the current state of play with preparation for Solvency 2 and next steps. They include initial feedback on insurers’ recent self-assessments.
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2015 |
Solvency 2 - Presentation and Follow Up Training Solvency 2 - Presentation by Mr Ken Hogg – Solvency 2 Project Manager, Gibraltar Financial Services Commission
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2015 |
Feedback Paper - Self Assessment No. 2 As part of the GFSC’s ongoing assessment of insurers’ preparations for Solvency 2 a number of self-assessments were requested in quarter 3 of 2014. This paper looks at each pillar of Solvency 2 in turn, as well as a section on firms’ implementation plans. At the outset of each section we provide a reminder of the GFSC’s expectations of firms. The content of this paper is important. Firms should make their respective Boards of Directors aware of it.
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2015 |
Solvency 2 for Directors - Webinar slides Presentation run during the webinar.
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2015 |
Solvency 2 for Directors - Webinar Video Seamus Creedons contribution to the Solvency 2 for NEDs Webinar held by the Gibraltar Financial Services Commission on May 28, 2015
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2015 |
Update on Solvency 2 This Update provides a reminder of the various communications from the GFSC and EIOPA over recent months. These are in addition to the many meetings we have held with individual firms, insurance managers and industry over this period to ensure that a constructive two-way dialogue continues. The GFSC continues to seek to take a proportionate approach where applicable.
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1 | 2018 |
Approach to Insurance Regulation and IDD Presentation to Industry on Approach to Insurance Regulation and IDD |
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1 | 2018 | GFSC Corporate Governance Presentation and Transcript Notes |
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