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Chapter Four: Control of insurance Business
Article One: Limitations on Conduct of Business
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35. The Minister of Finance may, with the approval of the Finance Committee of the Knesset, enact by regulations, for all insurers or particular categories of insurers, provisions as to a minimum issued and paid-up share capital and a minimum surplus of assets over liabilities.
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Minimum capital |
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36. (a) The Minister of Finance may enact by regulations, generally or for particular categories of insurers, and for all or particular branches of insurance, provisions as to:
(1) the categories of assets which an insurer will hold against the different categories of liabilities, and the ratios of assets to liabilities;
(2) modes of holding assets against liabilities;
(3) the cases in which an insurer may invest in its subsidiary, it is the holder of any means of control, in another insurer or in an insurance agent;
(4) the duty of an insurer to hold insurance reserves and the modes of calculating them;
(5) carrying on insurance business abroad;
(6) the minimum rate of the share of the risk to be borne by insurers in Israel;
(7) the maximum rate of the share of the risk to be borne by an insurer;
(8) loans and guarantees which an insurer may grant and the amounts thereof;
(b) Cancelled
(c) The Commissioner may, for special reasons which he will specify in detail, impose on a particular insurer, for a specific period, additional limitations to those prescribed in regulations under Subsection (a).
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Provisions as to conducting business(Amended 2005) |
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36A. The provisions of Sections 31 through 36 of the Provident Funds control law will apply, mutatis mutandi, to yield dependent insurances and to assets managed by an insurer to cover yield dependent obligo; the Minister of Finance may determine dispensations with regard to the application of the said Sections to an insurer by determining changes and adjustments to the applicability of the said provisions, in whole or in part, to an insurer, or by determining that these provisions, in whole or in part, will not apply thereto.
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Applications of provisions to provident funds with regard to yield dependant insurance(Added 2005) |
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37.(a) The Minister of Finance may enact by regulations, for all or particular branches of insurance. provisions as to -
(1) the rates of insurance premium and other payments which an insurer is licensed to collect from insured persons, including maximum and minimum rates and the payment of premium by installments;
(2) the duty of an insurer who states insurance premium under a credit scheme to inform the insured in advance in the manner prescribed, of the credit terms and the cash terms, of the rate of interest charged, based on an annual calculation under the credit scheme, and of the rates and periods of payment of premium under the credit scheme.
(b) Regulations under Subsection (a)(1) require the approval of the Finance Committee of the Knesset.
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Provisions as to insurance premium |
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38.(a) The Minister of Finance may enact by regulations, for all or particular branches of insurance, provisions as to conditions of a contract of insurance and the wording of such conditions. Any conditions conflicting with a condition prescribed under the regulations as aforesaid will not be followed, and the condition required to be prescribed as aforesaid will be deemed to have been stipulated instead, unless the alternative arrangement is in favour of the insured. This provision will not derogate from the financial responsibility of the insurer.
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Provisions as to conditions of insurance |
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(b) Regulations under this Section will not conflict with a provision which according to the insurance Contract Law - 1981 should not be stipulated against.
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39.(a) The Minister of Finance may enact by regulations, for all or particular branches of insurance, provisions as to the structure and form of an insurance policy, including underlining particular conditions, and including the minimum size and shapes of all or some the letters of an insurance Policy.
(b) The Commissioner may require of an insurer that a particular detail of the policy be specially underlined as he may direct.
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Form of the policy, and emphasis of terms (Amended 1995) |
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40.(a) An insurer who wishes to introduce an insurance scheme the details of which have not been submitted to the Commissioner under Section 16 or to alter conditions of insurance, or insurance premium and other payments, the details of which have been submitted to the Commissioner as aforesaid will submit to the Commissioner notice to such effect ten days before the change occurs.
(b) In branches of insurance specified by the Minister of Finance in a decree, an insurer will not introduce any scheme or changes referred to in Subsection (a) unless the Commissioner has licensed the same.
(c) In an order referred to in Subsection (b), the Minister of Finance may designate categories of business or changes to which the duty of obtaining a license will not apply and also categories of business in which the insurer may introduce any scheme or change referred to in Subsection (a) if the Commissioner does not notify the insurer of his objection within 30 days from the day on which he received notice of the scheme or alteration.
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Alteration of conditions of insurance |
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41.(a) An insurer or insurance agent will not receive insurance business through any person unless such person is a licensed agent and entered into a written agreement as referred to in Section 30.
(b) An insurer or insurance agent will not pay agency commission for broking between it or him and any person save to a person who is a licensed agent.
(c) The provision of Subsection (b) will not prevent the payment of agency commission to the heirs of a deceased insurance agent in respect of life insurance effected by him as an insurance agent or in respect of other insurances renewed within two years from the date of his death.
(d) The Minister of Finance may, in consultation with the Committee, enact by regulations, generally or for particular classes of insurers or agents, and for all or particular branches of insurance, provisions as to the maximum agency commission an insurer is permitted to pay to an insurance agent.
(e) For the purposes of this Section, “agency commission” means any commission, remuneration, contribution to expenses and any other benefit, all either direct or indirect.
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Receiving business and payment of commissions (Amended: 1981) |
Article One A: Organs and Other Officers of an Insurer (Added 2005)
| 41A. In this section "insurer" – excepting a foreign insurer, unless otherwise determined by the Minister, and according to conditions set by him. |
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Applicability of the provisions of his Article(Added 2005) |
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41B. At least seven and no more than fifteen directors will serve on an insurer's board of directors (in this Article – the board of directors)
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Insurer's board of directors(Added 2005) |
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41C.(a) The provisions of Sections 94(a), 97, 100, 114 through 117, 119(a), 146 through 153, 219(c) and 269 of the Companies Law will apply, mutatis mutandi, in accordance with the provisions of this law, to an insurer, as if it were a public company, and the provisions of Subsections (a) and (b) of Section 95 of the said law, for the purpose of the said Subsections, will be read with out the words "unless according to the provisions of Section 121(c)".
(b) The Minister of Finance, having consulted the Minister of Justice, may set easements for the purpose of the applicability of the provisions detailed in Subsection (a) to an Insurer by setting charges and modifications to the applicability of the said provision, in whole or in part to an Insurer, or by determining that the said provisions, in whole or in part, will not apply thereto.
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Application of the provisions of the Companies Law(Added 2005) |
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41D(a) An insurer will appoint an actuary for each insurance branch in which the insurer conducts business, except for branches determined by the Commissioner, and a single actuary may be appointed for several insurance branches in which the insurer conducts business (in this Law – an appointed actuary); an appointment of an appointed actuary and the termination of his tenure prior to the end of the appointed term will require prior authorization of the board of directors.
(b) The roles of an appointed actuary will be at least the following:
(1) To recommend the board of directors and the general manager as to the level of insurance obligation of an insurer with regards to the insurance branches to which he has been appointed, and in an insurer to which a license has been granted as aforesaid in Section 15(a1) – as to the actuarial balance of the stipend provident fund managed by it.
(2) To prepare or to approve on behalf of an insurer a report, a declaration or any other document which an insurer need file in accordance with this law, and that the Commissioner has determined be prepared or approved by an appointed actuary.
(3) To provide the risks manager appointed in accordance with the provisions of Subsection (c), information or reports determined by the Commissioner for the purpose of fulfilling the duty of the risk manager for the branches of insurance to which the actuary has been appointed.
(4) Any other rule instructed by the Commissioner.
(c) An insurer will appoint a risk manager, and for the purpose of an insurer's receiving an insurers license as aforesaid in Section 15(a1) – a risk manager will be appointed to each stipend provident fund in the management of the insurer, and a single risk manager may be appointed to an insurer and to several provident funds as mentioned; the appointment of a risk manager and the termination of his tenure prior to the end of his term will require prior approval by the board of directors.
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Article Two: Financial Reports
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42.(a) An Israeli insurer will prepare its annual audited financial report, for the period ending the 31st December of every year and will submit it to the Commissioner by the 31st March following.
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Report by Israeli insurer (Amended 1987) |
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(a1) An Israeli insurer will prepare audited financial reports, for the last day of the first, second and third quarter of each year, and will submit it to the Commissioner within two month form the end of each quarter. In this Section - “quarter” is a period of three month ending at the last day of the third, sixth, ninth and twelfth month of each year.
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(b) An Israeli insurer having a subsidiary company, will submit to the Commissioner, together with the report referred to in Subsection (a), an annual financial report of the subsidiary company for the period ending the 31st December and a consolidated financial report of itself and the subsidiary company. For this purpose, "subsidiary company" means a company in which the insurer holds more than fifty per cent of the nominal value of the issued share capital or more than fifty per cent of the voting power or has the right to appoint one half or more of the directors or to appoint the general manager.
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(c) The Commissioner may, for reasons which will be recorded, exempt an insurer from the duty of submitting a report of a subsidiary company which its business is not in insurance or from the duty of submitting a consolidated report of itself and all or part of its subsidiary companies.
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43. (a) A foreign insurer will prepare an audited annual financial report, relating to its business in Israel for the period ending the 31st December of every year and will submit it to the Commissioner by the 31st May following.
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Financial report by foreign insurer |
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(a1) A foreign insurer will prepare an audited quarterly financial report, and will submit it to the Commissioner within two month of the end of each quarter.
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(b) In addition to the report referred to in Subsection (a), a foreign insurer will submit to the Commissioner a financial report on its business in Israel and outside Israel, prepared and certified in accordance with the law in force at its place of incorporation, within 30 days from the day on which it is submitted to the appropriate authority in the foreign state or from the day on which it is published, whichever is the earlier.
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44. An insurance agent being a body corporate will prepare an audited annual financial report, for the period ending the 31st December of every year and will submit it to the Commissioner by the 30th April following.
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Financial report by body corporate |
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45. The Commissioner may, for reasons which will be recorded, license an insurer or insurance agent to draw up an annual financial report for a period ending on a different date from the one stated in Sections 42 to 44.
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Different date |
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46. The Minister of Finance may enact by regulations provisions as to the contents, degree of detail, and as to the principles of accounting to be applied in the preparation of the annual, as well as quarterly, financial report of an insurer or incorporated insurance agent, including the declarations and explanations to be attached to it.
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Particulars of report (Amended: 1987) |
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47. (a) An insurer will publish for, the general public, a financial report in according with Section 42 or 43 in such manner and form and to such extent as the Commissioner may direct.
(b) An insurer will permanently present, in a noticeable place at its main office and at every branch office in Israel, copies of the annual reports of the previous two years, as well as copies of the quarterly reports of the previous years published under Subsection (a).
(c) The Commissioner may exempt an insurer who has ceased to accept insurance business from the duty of publishing a report under this Section and may prescribe different modes of publication where the publication of the report is not a matter of public interest.
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Publication of financial report (Amended 1987) |
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48. (a) An insurer will notify the Commissioner in writing of any changes of directors or officers within twenty-one days from the day of the change.
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Changes in management |
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(b) An insurance agent which is a body corporate will notify the Commissioner in writing of any change of directors or officers, or of persons carrying on broking on its behalf, within twenty-one days from the day of the change.
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49. (a) An insurer or insurance agent against whom winding-up or bankruptcy proceedings have been instituted will notify about it to the Commissioner without delay.
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Winding - up and bankruptcy |
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50. (a) The Commissioner or a person authorised by him for that purpose may require from any insurer or insurance agent and any of their director or officer to deliver to him any information or document relating to insurance business handled by them, including statistical and actuarial reports, and to produce to him or to his representatives any book, account, certificate or other document in their possession relating to their insurance business.
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Delivery of information and documents |
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(b) A person will not disclose any information or document delivered to him under this Section unless the Commissioner deems the disclosure necessary for the purposes of criminal proceedings for an offence under this Law of a hearing in the Committee.
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51. (a) A person who does not submit a report as provided in Sections 42 to 44 or does not deliver any information or document at the time he is required to do so under Section 50 will be fined an amount of 200 Shekels in respect of every day of delay unless the time is extended under Section 103.
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Fine for non - submission of a report |
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(b) The Commissioner will send a notice of the fine to the person on whom it has been imposed.
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(c) The Taxes (Collection) Ordinance will apply to the collection of the fine.
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52. (a) The Commissioner may reduce or waive the fine if it is proved to his satisfaction, on reasoned application submitted within thirty days from receiving notice of the fine, that the delay in submitting the report was not caused by any act or omission over which the person liable to the fine had control.
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Authority of the Commissioner to reduce the fine |
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(b) Where the Commissioner refuses the application, he will notify his reasoned decision to the applicant.
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53. (a) The imposition of a fine under Section 15 will not derogate from the criminal liability of the one required to submit the report. Where the Commissioner waives the fine, a criminal action for non-submission of the report will not be brought against the one required to submit it.
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Saving of criminal responsibility |
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(b) Where a criminal indictment for non-submission of a report is filed against the one required to submit it, he will not be required to pay the fine under Section 51, and if he has paid it, the Commissioner will direct that it be refunded to him.
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Article Three: Separation of Life insurance Business
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54. (a) An insurer which was authorised to carry on life insurance business will, in respect of this business, keep a separate accounting system, hold separate assets to cover liabilities and enter into separate reinsurance contracts.
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Accounts and assents to be kept separately |
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(b) Assets and rights held to cover liabilities of an insurer in life insurance and reinsurance for such liabilities will be used to cover the same. Where any assets remain after the discharge of all such liabilities, the surplus will be used to cover other liabilities of the insurer.
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(c) The provisions of Subsection (b) will also apply in execution proceedings against an insurer and in winding-up proceedings of an insurer.
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(d) The Minister of Finance may enact by regulations provisions regarding the separation of the accounting systems and of the assets.
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(e) In this Section, “life insurance” means insurance in which the event insured against is the death or attainment of a certain age of the insured or some other person or some other event in his life, and includes accident, sickness and invalidity insurance which is part of or a regular addition to a life insurance policy.
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