Revised Laws of Saint Lucia (2021)

39.   Registrar may impose requirements

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    (1)   In exercising the power of intervention, the Registrar may require the company by instrument in writing to perform any or all of the following—

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      (a)     to refrain from the date specified in the instrument—

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        (i)     from effecting any contracts of insurance either generally or with respect to a specified class whether or not the effecting of the contract falls within a class of insurance business which the company is authorised to carry on, or

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        (ii)     from varying any existing contracts;

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      (b)     to limit to a specified amount the aggregate amount of premiums to be written by the company whether the aggregate relates to premiums to be received by the company or to the aggregate after deducting any premiums payable by the company for reinsuring the liabilities in consideration of which premiums are to be received;

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      (c)     to refrain from making investments of a specified class or description;

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      (d)     to realise, before the expiration of the period specified in the instrument, the whole or a specified portion of investments of a specified class or description held by the company;

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      (e)     to prepare and submit at earlier dates and with greater frequency the documents required to be prepared and furnished under section 26;

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      (f)     to have an actuary or any other person appointed by the Registrar to investigate the financial position of the company in respect of its insurance business or any part thereof and to submit to the Registrar a report of the investigation on or before a specified date;

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      (g)     to take such action as appears to him or her to be necessary for the purpose of protecting policy holders or potential policy holders of the company against the risk that the company is or is likely to be unable to meet its liabilities or, in the case of an insurer carrying on long-term insurance business, to fulfil the reasonable expectations of policy holders or potential policy holders; and

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      (h)     to take such action as appears to him or her necessary for the proper administration of the Act.

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    (2)   The Registrar may request any company within 5 years of its registration under this Act, to comply with any or all of the requirements of subsection (1) whether or not the power to intervene is exercisable under section 37(2).

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    (3)   The Registrar may, where he or she considers it desirable so to do rescind or vary any requirement imposed by him or her on a company under subsection (1).

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    (4)   Notice of the imposition of a requirement or the rescission or variation thereof may be published in the Gazette and in a newspaper circulating in Saint Lucia.

Judicial Management and Winding-up