2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

First Schedule

FORM 1

(Regulation 3)

SAINT LUCIA

(International Insurance Act, Cap. 12.15: Section 4)

APPLICATION FOR LICENCE FOR AN INCORPORATED CELL
COMPANY TO CARRY ON INSURANCE BUSINESS IN OR FROM
WITHIN SAINT LUCIA

(To be completed in English Language)

Please complete all parts of the application, attaching appendices where appropriate.
Is the insurance business of the Incorporated Cell Company “general' insurance business, 'long-term' insurance business or both? Please tick the appropriate box:-
Class A – General insurance business     Subclass [ ]
Class B – Long-term insurance business     Subclass [ ]
Class C – Long-term and General insurance business     Subclass [ ]
Applicant Details
1.Name of Applicant
2.International Business Company No. and Date of Incorporation
3.Registered Office of Applicant
4.Business Address of Applicant
5.Contact person for this application
6.Telephone No.
Fax No.
Email address
Share Capital
7. Authorized
8.Issued
9.Paid-up
10.Method of Capitalization
Ownership Details
11.List all names (including any previous names) addresses and nationalities of all beneficial shareholders and ultimate beneficial shareholders (current/proposed) together with the number and class of shares (to be)held directly or on their behalf
Name     Address     Nationality     No. and class of shares
a)
b)
c)
d)
12.In those cases where the shares are beneficially owned by a corporate body or bodies, or the company is part of a group, the chain of connection (group organization chart showing all associated and affiliated companies) to the ultimate beneficial owners must be attached.Attached:
Yes
No
N/A
13.Provide the latest audited financial statements of the applicant and immediate parent (and if applicable the consolidated accounts of the group).Attached:
Yes
No
N/A
14.Detail the origin of source(s) of funds to support the incorporated cell company.
Applicant's Personnel
15.Provide a list detailing the names and addresses of the current and proposed directors, officers, managers, consultants and administrators showing their respective positions with the applicant. A completed resume for each person should be attached.
Name and TitleAddressResume Attached?
Yes
No
Yes
No
Yes
No
Yes
No
Third Party Service Providers
16.List below any third party service providers including but not limited to intermediaries, claim handlers, and loss adjusters. State any connection between the applicant (including proposed directors and officers of applicant) and any person or organization remunerated directly or indirectly (e.g. insurance brokers etc) by the company. Further a copy of any service or management agreements is to be provided where the company's activities are to be managed by another party.
Insurance Business
17.Is the Incorporated Cell Company proposing to write insurance business other than through Incorporated Cells (that is, through the ICC itself)?
18.On which date does the applicant wish to commence carrying on insurance within the ICC?
19.If the company is not fully funded in the formative years, what provision is there in effect if there are early heavy losses? Please state fully how any risk gap is to be overcome.
20.State whether the company proposes making any loans to its directors, managers, parent, associated or related companies.
21.Please provide an organization chart showing details of all cells and the company's position within the structure.
Accounts
22.Identify the company's financial year end.
General
23.Have any of the parties connected with this applicant ever applied, either individually or in conjunction with others, for authority to transact insurance business in any other jurisdiction? If so, please give details.
Additional Information to be Supplied
24.Copy of auditor's acceptance to act as auditor of the applicant (on headed paper including the name and address of the auditor attached?Yes
No
25.Copy of Actuary's acceptance letter to act as Actuary of the applicant, where appropriate.Yes
No
26.Applicant's Memorandum/Articles of Association attached?Yes
No
27.Applicant's Certificate of Incorporation Attached?Yes
No
To follow
Business Plan
28.Attach business plan – 5 year business plan and a statement of aims and programme of operations to include the sources of business, balance sheet, profit and loss projections and solvency calculations.
The assumptions underlying the projections should also be stated.
Fees
29.Ensure that the appropriate fee is enclosed with the application.

APPLICATION FOR REGISTRATION OF AN INCORPORATED
CELL OF AN INCORPORATED CELL COMPANY
TO CARRY ON INSURANCE BUSINESS IN OR FROM
WITHIN SAINT LUCIA

FORM 2

(Regulation 4)

SAINT LUCIA

(International Insurance Act, Cap. 12.15: Section 4A)
(To be completed in English Language)

Please complete all parts of the application, attaching appendices where appropriate.
Is the insurance business of the Incorporated Cell “general' insurance business, 'long-term' insurance business or both?
£     Class A – General insurance business     Subclass [ ]
£     Class B – Long-term insurance business     Subclass [ ]
£     Class C – Long-term and General insurance business     Subclass [ ]
Applicant Details
1Name or proposed name of the Incorporated Cell “(IC)”
2.Name of the Incorporated Cell company “(ICC)” of which the applicant will be an IC
Ownership Details
3.List all names (including any previous names) addresses and nationalities of all IC shareholders, together with the number and class of shares (to be) held directly or on their behalf.
Name     Address     Nationality     No. and class of shares
a.
b.
c.
d.
e.
4.Detail the proposed authorized and issued share capital and the method of capitalization.
5.In those cases where IC shares are beneficially owned by a corporate body or bodies, or the company is part of a group, the chain of connection (group organization chart showing all associated and affiliated companies) to the ultimate beneficial owners must be shown.Attached:
Yes     □
No      □
N/A     □
6.The latest audited financial statements of the immediate parent of the proposed IC shareholder, and if applicable the consolidated accounts of the group.Attached:
Yes     □
No     □
N/A     □
7.State the nature of the IC shareholder's business.
Insurance Business
8. On which date does the IC wish to commence carrying on insurance business?
9.Detail the origin of source(s) of funds to support the IC.
10.State the nature of the risks to be covered.
11.If the IC is not fully funded in the formative years what provision is there in effect if there are early losses? Please state fully how any risk gap is to be overcome.
12.Please state the maximum gross premium income, which the IC proposed to earn in respect of general business during the first financial year, less any rebates, refunds, reinsurance commission and reinsurance.
13.State whether the IC shareholder proposes to make any loans to related parties.
General
14.Have any of the parties connected with this application ever applied, either individually or in conjunction with others, for authority to transact insurance business in any other jurisdiction?
If so please give details.
Third Party Service Providers
15.Are there any other parties and/or intermediaries involved? State any connection between the IC (including directors and officers of the IC shareholder) and any person or organization remunerated directly or indirectly (e.g. insurance brokers) by the IC.
Additional Information to be Supplied
16.Copy of the Actuary's acceptance letter to act as Actuary of the IC, where appropriate
Attached:
Business Plan
17.Attach a business plan. 5 year business plan and a statement of aims and programme of operations to include the sources of business, balance sheet, profit and loss projections and solvency calculations. The assumptions underlying the projections should also be stated.
Fee
18.Ensure that the appropriate fee is enclosed with the application

FORM 3A

(Regulation 4)

[COAT OF ARMS]

SAINT LUCIA

CERTIFICATE OF REGISTRATION

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act, Cap. 12.15,: Section 4A)

Certificate No.
This is to certify that ________________________________________
Name of certificate holder
has been registered to carry on international insurance business from Saint Lucia.
The certificate granted is for an incorporated cell of an incorporated cell company.
The licence granted is of type CLASS [“A”] Subclass [“1”] and is subject to the following:
     1.     The international insurance business shall consist of general insurance business carried on from Saint Lucia.
     2.     The certificate holder will operate only as an incorporated cell of ______________________________________________
Name of incorporated cell company
     3.     The certificate holder shall not without the written approval of the Director, carry on any business other than that for which the certificate has been granted.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
______________________
Director of Financial Services

FORM 3B

(Regulation 4)

[COAT OF ARMS]

SAINT LUCIA

CERTIFICATE OF REGISTRATION

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act, Cap. 12.15,: Section 4A)

Certificate No.
This is to certify that ________________________________________
Name of certificate holder
has been registered to carry on international insurance business from Saint Lucia.
The certificate granted is for an incorporated cell of an incorporated cell company.
The licence granted is of type CLASS “A” Subclass “2” and is subject to the following:
     1.     The international insurance business shall consist of general insurance business carried on from Saint Lucia.
     2.     The certificate holder will operate only as an incorporated cell of ______________________________________________
Name of incorporated cell company
     3.     The certificate holder shall not without the written approval of the Director, carry on any business other than that for which the certificate has been granted.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
________________________
Director of Financial Services

FORM 3C

(Regulation 4)

[COAT OF ARMS]

SAINT LUCIA

CERTIFICATE OF REGISTRATION

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act, Cap. 12.15,: Section 4A)

Certificate No.
This is to certify that ________________________________________
Name of certificate holder
has been registered to carry on international insurance business from Saint Lucia.
The certificate granted is for an incorporated cell of an incorporated cell company.
The licence granted is of type CLASS “B” and is subject to the following:
     1.     The international insurance business shall consist of long term insurance business carried on from Saint Lucia.
     2.     The certificate holder will operate only as an incorporated cell of ______________________________________________
Name of incorporated cell company
     3.     The certificate holder shall not without the written approval of the Director, carry on any business other than that for which the certificate has been granted.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
______________________
Director of Financial Services

FORM 3D

(Regulation 4)

[COAT OF ARMS]

SAINT LUCIA

CERTIFICATE OF REGISTRATION

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act, Cap. 12.15: Section 4A)

Certificate No.
This is to certify that ________________________________________
Name of certificate holder
has been registered to carry on international insurance business from Saint Lucia.
The certificate granted is for an incorporated cell of an incorporated cell company.
The licence granted is of type CLASS “C” Subclass “1” and is subject to the following:
     1.     The international insurance business shall consist of general and long term insurance business carried on from Saint Lucia.
     2.     The certificate holder will operate only as an incorporated cell of ______________________________________________
Name of incorporated cell company
     3.     The certificate holder shall not without the written approval of the Director, carry on any business other than that for which the certificate has been granted.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
______________________
Director of Financial Services

FORM 3E

(Regulation 4)

[COAT OF ARMS]

SAINT LUCIA

CERTIFICATE OF REGISTRATION

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act, Cap. 12.15: Section 4A)

Certificate No.
This is to certify that ________________________________________
Name of certificate holder
has been registered to carry on international insurance business from Saint Lucia.
The certificate granted is for an incorporated cell of an incorporated cell company.
The licence grated is of type CLASS “C” Subclass “2” and is subject to the following:
     1.     The international insurance business shall consist of general and long term insurance business carried on from Saint Lucia.
     2.     The certificate holder will operate only as an incorporated cell of ______________________________________________
Name of incorporated cell company
     3.     The certificate holder shall not without the written approval of the Director, carry on any business other than that for which the certificate has been granted.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
_______________________
Director of Financial Services

FORM 4

(Regulation 5)

NOTICE OF CANCELLATION OF REGISTRATION

(International Insurance Act, Cap. 12.15: Section 21A)

Name of certificate holder: .................................................................................
Certificate number: ...........................................................................................
Address: ..........................................................................................................
........................................................................................................................
........................................................................................................................
The Director of the Financial Services Supervision Unit hereby notifies the above holder of a certificate of registration as an incorporated cell, that its registration has been cancelled by the Director as at [ ... date ...] under section 21A of the International Insurance Act, Cap. 12.15, for the following reason(s):
•     The certificate holder appears likely to become unable to meet its obligations as they fall due.
•     The certificate holder is carrying on business in a manner detrimental to the public interest, the interest of its policyholders or other creditors.
•     A condition exists that would have caused the Director to refuse to grant the certificate holder a certificate of registration upon application.
•     The certificate holder has contravened the provisions of section _____ of the International Insurance Act, Cap. 12.15.
•     The certificate holder has failed to comply with the following conditions of its certificate of registration:
The certificate holder may pursuant to Section 21A of the International Insurance Act, Cap. 12.15, as amended apply to the director within 7 days of this Notice for a reconsideration of his decision to cancel its registration.
The certificate holder may appeal any cancellation pursuant to section 21A of the International Insurance Act, Cap. 12.15, as amended by lodging an appeal to the High Court of Saint Lucia.
Dated this ____________ day of ______________, ______________.
________________________
Director of Financial Services

FORM 5A

(Regulation 7(1))

[COAT OF ARMS]

SAINT LUCIA

LICENCE

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act: sections 4 and 7)

This is to certify that ________________________________________
Name of licensee
has been granted a licence to carry on international insurance business from
Saint Lucia.
The licence granted is of type CLASS “A” Subclass “1” and is subject to the following:
     1.     The international insurance business shall consist of general insurance business carried on from Saint Lucia.
     2.     *The licensee must be wholly owned by one or more persons and the business of the licensee must consist only of insuring the risks of those persons; or
     3.     *The licensee shall be an affiliate of a group of companies and the business of the licensee must consist only of insuring the risks of any other affiliates of that group or of its own shareholders
     4.     *The business of the licensee shall be conducted using registered incorporated cells.
     5.     The licensee shall not without the written approval of the Minister carry on any business other than one for which the licence has been obtained.
     6.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
________________________
Minister
International Financial Services

FORM 5B

(Regulation 7(2))

[COAT OF ARMS]

SAINT LUCIA

LICENCE

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act: sections 4 and 7)

This is to certify that ________________________________________
Name of licensee
has been granted a licence to carry on international insurance business from
Saint Lucia.
The licence granted is of type CLASS “A” Subclass “2” and is subject to the following:
     1.     The international insurance business shall consist of general insurance business carried on from Saint Lucia.
     2.     The licensee shall not without the written approval of the Minister, carry on any business other than one for which the licence has been obtained.
     3.     *The business of the licensee shall be conducted using registered incorporated cells.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
_______________________
Minister
International Financial Services

FORM 5C

(Regulation 7(3))

[COAT OF ARMS]

SAINT LUCIA

LICENCE

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act: Sections 4 and 7)

This is to certify that ________________________________________
Name of licensee
has been granted a licence to carry on international insurance business from
Saint Lucia.
The licence granted is of type CLASS “B” and is subject to the following:
     1.     The international insurance business shall consist of long term insurance business carried on from Saint Lucia.
     2.     The licensee shall not without the written approval of the Minister, carry on any business other than one for which the licence has been obtained.
     3.     *The business of the licensee shall be conducted using registered incorporated cells.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
__________________________
Minister
International Financial Services

FORM 5D

(Regulation 7(4))

[COAT OF ARMS]

SAINT LUCIA

LICENCE

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act: Sections 4 and 7)

This is to certify that ________________________________________
Name of licensee
has been granted a licence to carry on international insurance business from
Saint Lucia.
The licence granted is of type CLASS “C” Subclass “1” and is subject to the following:
     1.     The international insurance business shall consist of general and long term insurance business carried on from Saint Lucia.
     2.     *The licensee must be wholly owned by one or more persons and the general business of the licensee must consist only of insuring the risks of those persons. Or
     3.     *The licensee shall be an affiliate of a group of companies and the general business of the licensee must consist only of insuring the risks of any other affiliates of that group or of its own shareholders.
     4.     *The business of the licensee shall be conducted using registered incorporated cells.
     5.     The licensee shall not without the written approval of the Minister, carry on any business other than one for which the licence has been obtained.
     6.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
_________________________
Minister
International Financial Services

FORM 5E

(Regulation 7(5))

[COAT OF ARMS]

SAINT LUCIA

LICENCE

INTERNATIONAL INSURANCE BUSINESS

(International Insurance Act: Sections 4 and 7)

This is to certify that ________________________________________
Name of licensee
has been granted a licence to carry on international insurance business from
Saint Lucia.
The licence granted is of type CLASS “C” Subclass “2” and is subject to the following:
     1.     The international insurance business shall consist of general and long term insurance business carried on from Saint Lucia.
     2.     The licensee shall not without the written approval of the Minister, carry on any business other than one for which the licence has been obtained.
     3.     *The business of the licensee shall be conducted using registered incorporated cells.
     4.     Other conditions specified below.
Dated this ____________ day of ______________, ______________.
__________________________
Minister
International Financial Services