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IV Conference on Insurance Regulation and Supervision in Latin America Comparative Study on Insurance Regulation and Supervision in Latin America. 9 May 2003 Punta Cana, Dominican Republic. Yasumasa Tahara Directorate for Financial, Fiscal and Enterprise Affairs, OECD.
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IV Conference on Insurance Regulation and Supervision in Latin America Comparative Study on Insurance Regulation and Supervision in Latin America 9 May 2003 Punta Cana, Dominican Republic Yasumasa Tahara Directorate for Financial, Fiscal and Enterprise Affairs, OECD
What is this comparative study? • Oaxaca Conference in 2000 • 16 Particularities • What we are doing now? • Update/Verification and New Issues • Some Findings • Asking for Your Co-operation
I. What is Comparative Study? • First OECD/IAIS/ASSAL Conference on Insurance Regulation and Supervision in Latin America, 6-8 September 2000, Oaxaca, Mexico • Survey covered 18 Latin-American Countries participated in the Oaxaca Conference • 16 Particularities identified
II. 16 Particularities • Supervisory Authority Specialising in Insurance Supervision or Financial Supervision including Insurance • Admissibility of Composite Insurers • Non-necessity of Business Plan for Licensing • Restrictions on Market Access • High Periodicity of Reporting • European Type of Solvency Requirements
II. 16 Particularities (Continued) • Non-adoption of Prudent-man Rules • Restrictions on Portfolio Investment Abroad • High Proportional Weight of Other Investments • Maximum Retention Limit • Registration System for Foreign Reinsurance Companies • Internal Auditor
II. 16 Particularities (Continued) • Non-existence of Policyholders’ Protection Funds • Relatively High Number of Insurance Companies in Financial Difficulties • Non-existence of Compulsory Motor Insurance • Non-existence of Self-regulatory Functions of Insurance Industry Associations
III. Revising Comparative Study • From Last Year • Updates and Verifications • Business Plan / Accounting Principles • New Issues to be handled • Consolidated Supervision / Corporate Governance / Systemic Risks
IV. Some Findings 1. Supervisory Structure (1st Particularity) • Ministry’s Roles in Supervision • No Role Reported in 2000. • Several Countries Have Reported Their Supervisory Roles. • Co-ordination among Supervisory Authorities • Consolidated Supervision Required in 4 Countries. • For Co-ordination, Committee Structure Adopted in 6 Countries.
VI. Some Findings 2. Specialisation (2nd Particularity) • Composite Insurance Companies • New establishment prohibited in 2 more countries. • Cross-Distribution of Banking and Insurance Products • Most countries prohibit; • insurance companies to produce or distribute banking products. • banks to produce insurance products. • Many countries allow banks to distribute insurance products.
VI. Some Findings 3. Corporate Governance and Internal Control • Many countries report there is no explicit legal provisions regarding corporate governance. • Some countries (Mexico, Peru and Venezuela) have regulations on the functions and responsibilities of governing body. • Structure and Duty of the Board of Directors / Compliance Officer • About a half of the countries report their regulations on internal control, another half report no regulation exists. • Implementation of Internal Control System / Internal Audit Unit / Assessment of Internal Control
VI. Some Findings 4. Business Plan (3rd Particularity) • Only 6 Countries Reported Positively in 2000 Study. • Definition • Description of the kinds of risks the company proposes to cover • Reinsurance plan • Estimated setting-up costs and financial means • Feasibility Study • 11 Countries Have Already Responded Positively.
VI. Some Findings 5. Accounting Principles • 10 countries with their own GAAP • 2 countries report their GAAP generally follow the IAS • 9 countries with the IAS • Honduras from 1997 • El Salvador from 2000 • Guatemala from 2002 • 14 countries with statutory accounting principles
V. Schedule and Requests • Please register contact person to yasumasa.tahara@oecd.org or fax: +33-1-4524-1833 by the end of next week (May 16th). • Tables (Should be Prioritised): Please check the figures and description in the table and send it to us by the end of May. The earlier, the better. • Draft text: Please check the draft text and give us comments by the end of May. • As for the countries we need to ask additional information, please send us the answers as soon as possible.